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Home My WebLink About1/1/1984 - ORDINANCES 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 I Art Schools Automotive rental agencies as part of a resort hotel . In addition to provisions of Section 9218.01-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 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 to 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 any 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 lOth day of January 1984 AYES: Councilmembers Doyle, Foster, Maryanov, Smith NOES: None ABSENT: Mayor Bogert ATTEST: /j CITY OF PALM SPRINGS, CALIFORNIA By City Clerk Mayor REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1207 was duly adopted by the city council of the City of Palm Springs, California in a meeting held January 10, 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation on January 19, 1984. JUDITH SUMICH City Clerk WP/C2 ORDINANCE NO. 1208 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING CHAPTER 2.36 OF THE PALM SPRINGS MUNICIPAL CODE, RELATIVE TO A MUSEUM. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1 . Chapter 2.36 of the Palm Springs Municipal Code is 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 21stday of December , 1983. AYES: Councilmembers Doyle, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk Mayor REVIEWED & APPROVED c ***Not published within 15 days*** ORDINANCE NO. 1208 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING CHAPTER 2.36 OF THE PALM SPRINGS MUNICIPAL CODE, RELATIVE TO A MUSEUM. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, ' AS FOLLOWS: SECTION 1 . Chapter 2.36 of the Palm Springs Municipal Code is 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 Lo 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 , 19841. AYES: Councilmembers Doyle, Foster, Maryanov, Smith NOES: None ABSENT: Mayor Bogert ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk Mayor REVIEWED & APPROVED��42 i. I HEREBY CERTIFY that the foregoing Ordinance 1208 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on January 10, 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation on January 19, 1984. JUDITH SUMICH City Clerk ORDINANCE NO. 1209 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING AND AMENDING SECTIONS OF THE ZONING ORDINANCE REGULATING THE DEVELOPMENT OF RECREATIONAL VEHICLE PARKS, CITYWIDE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Amend the following items of Section 9100.09 (Definitions) of the Palm Springs Zoning Ordinance: A. Amend the following definition to read: 138. RECREATIONAL VEHICLE shall mean a travel trailer, pickup camper, or motorized home with or without motive power, designed for temporary, short term human habitation for recreational purposes. 139. RECREATIONAL VEHICLE PARK shall mean an area designed to accommodate recreational vehicles including tents and tent trailers on a temporary basis. SECTION 2. Add Section 9402.00 A. 2. n. to the Palm Springs Zoning Ordinance to read: n. Large scale resorts of 20 acres or more, including recreational vehicle parks (subject to the development standards set forth in Section 9402.00. H. 5 et seq. ) . SECTION 3. Amend Section 9402.00 H. 5 as follows: SECTION 9402.00 H. CONDITIONS FOR SPECIFIC USES 5. Recreational Vehicle Park RV parks or resorts are intended to provide for the accommodation of visitors to Palm Springs who travel to the community by recreational vehicle and reside in that vehicle for a period not to exceed one-hundred and eighty (180) days. This use is also intended to create a safe, healthful and beneficial environment for both occupants of the RV Parks and to protect the character and integrity of surrounding uses„ No RV use shall be located within a noise sensitive area surrounding any airport as defined and delineated on the Zoning Map as the 65 DbCNEL Contour line. a. Uses Permitted. Buildings, structures and land shall be used and building and structures shall hereafter be erected, altered or enlarged only for I the following uses. All uses shall be subject to the standards contained herein or approved by the Planning Commission and City Council . (1) Recreational Vehicles as defined in Section 9100.09A. Ord. No. 1209 Page 2 (2) Incidental uses operated primarily for the convenience of RV park occupants. There shall be no separate sign advertising such uses visible from the street and said use shall be located not less than one-hundred (100) feet from any street. Incidental uses permitted shall include only the following: (a) Dwellings for owner and/or managers and staff. (b) Food markets. (c) Office. (d) Laundry. (e) Personal services including showers and restrooms. (f) Indoor and outdoor recreational facilities. (g) Restaurants, including dancing and alcoholic beverage sales. (h) Sales of items related to maintenance and operation of recreational vehicles. (i ) Barber and beauty shops. (j) Golf courses. (3) Storage of unoccupied recreational vehicles. Storage areas not to exceed five percent (5%) of the gross area of the RV park. Storage areas shall be screened on all sides. (4) Accessory uses customarily incidental 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 those listed above, operated exclusively for the convenience of RV park residents, and not more obnoxious or detrimental to the public health, safety and welfare, or to other uses permitted in the park, as provided in Section 9401.00. All uses shall be subject to the property development standards contained herein. C. Uses Prohibited. All uses and structures not permitted in Section 9402.00H.5.a. are here deemed to be specifically prohibited. The following general classification of uses shall not be permitted in R.V. parks. (1) Recreational vehicle repair service. (2) Commercial uses except those described in Section 9402.00H.5.a. (2) and approved by the Planning Commission on the development plans. d. Property Development Standards for RV Parks. The following property development standards shall apply for all RV Zones: (1) Size of RV Park: No parcel of land containing less than twenty (20) acres may be used for the purposes permitted in the RV Zone. Ord. No. 1209 Page 3 (2) Density: A minimum of two-thousand, four- hundred (2,400) sq. ft. of lot area shall be provided for each recreational vehicle in the RV park. This space ratio shall include access roads, automobile parking, accessory building space and recreational areas. Each RV space shall be equal to one dwelling unit. (3) Building Height: Buildings and structures erected in this Zone shall not exceed fifteen (15) feet at minimum setback requirements, or a three to one setback shall be provided for structures exceeding lei' to a maximum of 24' . (4) Yards (a) General Provisions: 1. Yards shall be measured perpendicular to the property line or From a future street or highway line, as shown on the General Plan or Setback Ordinance. 2. Yard provisions shall apply to both main and accessory structures. (b) Front Yard: Each recreational vehicle park shall have a front yard of forty (40) feet extending for the full width of the parcel devoted to said use. (c) Side and Rear Yards: Each recreational vehicle park shall have rear and side yards of not less than fifteen (15) feet, except where a side or rear yard abuts a street, the yard shall be not less than forty (40) feet. Where development sides or rears on existing single family developments (R-1 Zones) a 100' setback shall be provided for structures exceeding one story. e. Walls, Fences, and Landscaping (1) Each recreational vehicle park shall be entirely enclosed at its exterior boundaries as follows: (a) An eight (8) foot high decorative masonry wall shall be required on the perimeter of each R.V. park. For front yards, the wall shall be constructed within the forty (40) foot required setback, no closer than twenty-five (25) feet from a property line. (b) Peripheral landscaping of not less than six feet in height shall be providE�d adjacent to all walls. (c) All required yards to be landscaped and maintained. (2) Permitted Fences and Walls_. The provisions of Section 9302.00 shall apply. f. Coverage. No requirement. g. Signs. The provisions of ChaptE!r 81 of the Palm Springs Ordi- nance Code shall apply. Signs advertising accessory uses, specifically restaurants, commercial facilities, etc. should be incorporated into the main sign. Ord. No. 1209 Page 4 h. Access. The provisions of Section 9305.00 shall apply. Principal access to a recreational vehicle park shall be from a secondary or major thoroughfare. Emergency access may be permitted to any street. i . Off-Street Loading and Trash Areas. (1) The provisions of Section 9307.00 shall apply. (2) One trash enclosure should be provided for each 30 spaces or as approved by the Planning Commission. j. Antennas. The provisions of Chapter 83 of the Palm Springs Municipal Code shall apply. k. Property Development Standards Within the Recreational Vehicle Park (1) Size of Space. The minimum size of each RV space shall be one-thousand, two-hundred fifty (1,250) sq. ft. (2) Individual Space Improvements: (a) Each recreational vehicle space shall be provided with a parking area paved with asphalt concrete (three iriches in thickness) or Portland Cement concrete (six inches in thickness) for parking of vehicles. (b) Each recreational vehicle space shall be provided with a one-hundred twenty (120) sq. ft. Portland Cement concrete, brick or other decorative paving patio. (c) All areas not in hard surface shall be landscaped unless otherwise approved by the Planning Commission. (3) Distance Between Recreational Vehicles and Structures (a) There shall be not less than ten (10) Feet between recreational vehicles. (b) Where recreational vehicle spaces are located near any permitted building, the minimum space between the recreational vehicle and said building shall be fifteen (15) feet. (4) Electrical Service (a) Each recreational vehicle space shall be provided with electrical service. (b) All electrical , telephone and television services within the recreational vehicle park shall be under- ground. (5) Water Service. Each recreational vehicle space shall be provided with a fresh water connection. (6) Sewer Service. Each recreational vehicle space (except tent areas) shall be provided with a connection to an approved sanitary sewer system. (7) Movement of Recreational Vehicles. Wheels or similar devices shall not be removed from recreational vehicles, nor shall any fixture be added which will prevent the recreational vehicle from being moved under its own power or by a passenger vehicle within a one (1) hour period. Ord. No. 1209 Page 5 (8) Accessory Structures. No accessory structure shall be constructed as a permanent part of the recreational vehicle. (9) Access Roads: (a) All access roads shall' be paved with asphalt concrete with a minimum thickness of three (3) inches or Portland Cement concrete with a thickness of six (6) inches. (b) 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-two (32) feet, shall not be used for automo- bile parking at any time. (c) One-way road systems may reduce the street cross section if approved by the Planning Commission. (d) Where access roads are paved to a width of thirty-two (32) feet or more, the off-street parking provisions contained in this Section are waived for the number of spaces provided and marked off in the parking lane on the street. Each marked space shall conform to the parking standards defined in this Ordinance (e) Portland Cement concrete pavement edge gutters or center gutters shall be installed on all access road(s) pursuant to approved grading and drainage plans. (f) Each recreational vehicle space shall front on an access road. (10) Lighting:. (a) 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. (b) Light standards shall be a maximum of ten (10) feet in height. The height of all light standards shall be measured from the elevation of the adjoining pave- ment of the access roads. (11) Drainage: (a) The park shall be so graded that there will be no depressions in which surface water will accumulate. (b) The ground shall be sloped to provide storm drainage run-off by means of surface or sub-surface drainage structures. (c) The area beneath the recreational vehicle shall be sloped to provide drainage from beneath the recrea- tional vehicle to an outside surface drainage struc- ture. (12) Off-Street Parking: (a) Each individual RV space shall provide one parking space in addition to the R.V. space itself. All parking shall be provided in accordance with Section 9306.00 (Off-street Parking) . Ord. No. 1209 Page 6 (b) One (1) visitor parking space shall be provided for every ten (10) recreational vehicle spaces in addi- tion to parking required in subparagraph 1 above. (c) Parking for accessory uses shall comply with Section 9306.00 D. 1.0 (13) Park and Recreational Space. There shall be provided a recreational area(s) having a minimum area of two hundred (200) square feet for each recreational vehicle space. Said spaces shall be consolidated into usable areas within minimum dimensions of not less than, one hundred (100) feet. Open space, pool areas, game courts, etc. shall be considered recreation area. (14) Management: (a) A caretaker responsible for the maintenance of the park shall reside on the premises of the park at all times when the park is occupied. (b) Management Storage. All storage of supplies, mainte- nance, materials, and equipment shall be provided within a storage area. Said storage care shall be located outside any required yard and completely screened from adjoining properties with a decorative masonry wall and landscape materials 10' in height. (c) Length of occupancy. The intent of the recreational vehicle park is to allow standards for the transient occupancy of recreational vehicles as defined in this Ordinance. It is not the intent of the recreational vehicle park to circumvent standards for a residen- tial mobilehome space. The period of time that a recreational vehicle shall occupy a recreational vehicle park as defined by this Ordinance, shall not exceed one hundred eighty (180) days. (15) Sanitary Facilities: (a) 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. (b) Toilets shall be of a water flushing type. (c) Hot and cold running water shall be provided for lavatories and showers. (d) Toilet, lavatory and shower facilities shall be located not more than three hundred (300) feet from any recreational vehicle space. (e) Laundry Facilities. One (1) washing machine and dryer shall be provided for every fifty (50) recrea- tional vehicle spaces or fraction thereof. (f) Trailer Sanitation Station. A sanitation station shall be provided to receive the discharge from sewage holding tanks of self-contained recreational vehicles. Ord. No. 1209 Page 7 1 . The sanitation station shall be constructed in accordance with specifications set forth in Chapter 5 (Mobilehome Parks, Special Occupancyy Trailer Parks and Campgrounds) , Title 25 (Housing and Community Development) , of the California Administrative Code. 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 and shall be setback 100' from adjoining residential development. (16) Recreational Vehicle Storage Yard. Recreational vehicle storage yards may be provided as an accessory use to a recreational vehicle park„ they shall conform to the following standards: (a) No storage yard shall ] be located in a required setback area. (b) The area shall be graded and the surface paved with asphalt concrete with a minimum thickness of three (3) inches or other material approved by the Planning Commission. (c) 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. (d) Additional landscaping may be required within the storage yard. (e) No sewer connection other than a standard trailer sanitation station shall be permitted within the storage yard. (f) Electrical connections may be provided for main- taining the air conditioners in the recreational vehicles. (g) R.V.s in the storage yard shall not be used for living purposes. SECTION 4. Amend Section 9403.00 D. 1 (Architectural Review) to add: (q) Recreational Vehicle ['arks. Architectural approval shall apply to all permanent improvements including but not limited to, all common recreation and landscape areas, exterior boundaries, walls, buildings, and improvements. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. Ord. No. 1209 Page 8 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 21st day of December , 1983. AYES: Councilmembers Doyle, Poster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None BATE �` „ CITY OF PALM SPRINGS, CALIFORNI / City Clerk Mayo REVIEWED & APPROVED: Nv�� ***Not published within 15 days*** WP/C1 ORDINANCE NO. L209 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING AND AMENDING SECTIONS OF THE ZONING ORDINANCE REGULATING THE DEVELOPMENT OF RECREATIONAL VEHICLE PARKS, CITYWIDE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Amend the following items of Section 9100.09 (Definitions) of the Palm Springs Zoning Ordinance: A. Amend the following definition to read: 138. RECREATIONAL VEHICLE shall mean a travel trailer, pickup camper, or motorized home with or without motive power, designed for temporary, short term human habitation for recreational purposes. 139. RECREATIONAL VEHICLE PARK shall mean an area designed to accommodate recreational vehicles including tents and tent trailers on a temporary basis. SECTION 2. Add Section 9402.00 A. 2. n. to the Palm Springs Zoning Ordinance to read: n. Large scale resorts of 20 acres or more, including recreational vehicle parks (subject to the development standards set forth in Section 9402.00. H. 5 et seq. ) . SECTION 3. Amend Section 9402.00 H. 5 as follows: SECTION 9402.00 H. CONDITIONS FOR SPECIFIC USES 5. Recreational Vehicle Park RV parks or resorts are intended to provide for the accommodation of visitors to Palm Springs who travel to the community by recreational vehicle and reside in that vehicle for a period not to exceed one-hundred and eighty (180) days. This use is also intended to create a safe, healthful and beneficial environment for both occupants of the RV Parks and to protect the character and integrity of surrounding uses. No RV use shall be located within a noise sensitive area surrounding any airport as defined and delineated on the Zoning Map as the 65 DbCNEL Contour line. a. Uses Permitted. Buildings, structures and land shall be used and building and structures shall hereafter be erected, altered or enlarged only for the following uses. All uses shall be subject to the standards contained herein or approved by the Planning Commission and City Council . (1) Recreational Vehicles as defined in Section 9100.09A. Ord. No. 1209 w Page 2 (2) Incidental uses operated primarily for the convenience of RV park occupants. There shall be no separate sign advertising such uses visible from the street and said use shall be located not less than one-hundred (100) feet from any street. Incidental uses permitted shall include only the following: (a) Dwellings for owner and/or managers and staff. (b) Food markets. (c) Office. (d) Laundry. (e) Personal services including showers and restrooms. (f) Indoor and outdoor recreational facilities. (g) Restaurants, including dancing and alcoholic beverage sales. (h) Sales of items related to maintenance and operation of recreational vehicles. (i ) Barber and beauty shops. (j) Golf courses. (3) Storage of unoccupied recreational vehicles. Storage areas not to exceed five percent (5%) of the gross area of the RV park. Storage areas shall be screened on all sides. (4) Accessory uses customarily incidental 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 those listed above, operated exclusively for the convenience of RV park residents, and not more obnoxious or detrimental to the public health, safety and welfare, or to other uses permitted in the park, as provided in Section 9401.00. All uses shall be subject to the property development standards contained herein. C. Uses Prohibited. All uses and structures not permitted in Section 9402.00H.5.a. are here deemed to be specifically prohibited. The following general classification of uses shall not be permitted in R.V. parks. (1) Recreational vehicle repair service. (2) Commercial uses except those described in Section 9402.00H.5.a. (2) and approved by the Planning Commission on the development plans. d. Property Development Standards for RV Parks. The ev following property de opment standards shall apply for all RV Zones: (1) Size of RV Park: No parcel of land containing less than twenty (20) acres may be used for the purposes permitted in the RV Zone. Ord. No. 1209 Page 3 (2) Density: A minimum of two-thousand, four- hundred (2,400) sq. ft. of lot area shall be provided for each recreational vehicle in the RV park. This space ratio shall include access roads, automobile parking, accessory building space and recreational areas. Each RV space shall be equal to one dwelling unit. (3) Building Height: Buildings and structures erected in this Zone shall not exceed fifteen (15) feet at minimum setback requirements, or a three to one setback shall be provided for structures exceeding 15' to a maximum of 24' . (4) Yards (a) General Provisions: 1. Yards shall be measured perpendicular to the property line or from a future street or highway line, as shown on the General Plan or Setback Ordinance. 2. Yard provisions shall apply to both main and accessory structures. (b) Front Yard: Each recreational vehicle park shall have a front yard of forty (40) feet extending for the full width of the parcel devoted to said use. (c) Side and Rear Yards: Each recreational vehicle park shall have rear and side yards of not less than fifteen (15) feet, except where a side or rear yard abuts a street, the ,yard shall be not less than forty (40) feet. Where development sides or rears on existing single family developments (R-1 Zones) a 100' setback shall be provided for structures exceeding one story. e. Walls, Fences, and Landscaping (1) Each recreational vehicle park shall be entirely enclosed at its exterior boundaries as follows: (a) An eight (8) foot high decorative masonry wall shall be required on the perimeter of each R.V. park. For front yards, the wall shall be constructed within the forty (40) foot required setback, no closer than twenty-five (25) feet. from a property line. (b) Peripheral landscaping of not less than six feet in height shall be provided adjacent to all walls. (c) All required yards to be landscaped and maintained. (2) Permitted Fences and Walls. The provisions of Section 9302.00 shall apply. f. Coverage. No requirement. g. Signs. The provisions of Chapter 81 of the Palm Springs Ordi- nance Code shall apply. Signs advertising accessory uses, specifically restaurants, commercial facilities, etc. should be incorporated into the main sign. Ord. No. 1209 Page 4 h. Access. The provisions of Section 9305.00 shall apply. Principal access to a recreational vehicle park shall be from a secondary or major thoroughfare. Emergency access may be permitted to any street. i . Off-Street Loading and Trash Areas. (1) The provisions of Section 9307.00 shall apply. (2) One trash enclosure should be provided for each 30 spaces or as approved by the Planning Commission. j. Antennas. The provisions of Chapter 83 of the Palm Springs Municipal Code shall apply. k. Property Development Standards Within the Recreational Vehicle Park (1) Size of Space. The minimum size of each RV space shall be one-thousand, two-hundred fifty (1,250) sq. ft. (2) Individual Space Improvements: (a) Each recreational vehicle space shall be provided with a parking area paved with asphalt concrete (three inches in thickness) or Portland Cement concrete (six inches in thickness) for parking of vehicles. (b) Each recreational vehicle space shall be provided with a one-hundred twenty (120) sq. ft. Portland Cement concrete, brick or other decorative paving patio. (c) All areas not in hard surface shall be landscaped unless otherwise approved by the Planning Commission. (3) Distance Between Recreational Vehicles and Structures (a) There shall be not less than ten (10) feet between recreational vehicles. (b) Where recreational vehicle spaces are located near any permitted building, the minimum space between the recreational vehicle and said building shall be fifteen (15) feet. (4) Electrical Service (a) Each recreational vehicle space shall be provided with electrical service. (b) All electrical , telephone and television services within the recreational vehicle park shall be under- ground. (5) Water Service. Each recreational vehicle space shall be provided with a fresh water connection. (6) Sewer Service. Each recreational vehicle space (except tent areas) shall be provided with a connection to an approved sanitary sewer system. (7) Movement of Recreational Vehicles. Wheels or similar devices shall not be removed from recreational vehicles, nor shall any fixture be added which will prevent the recreational vehicle from being moved under its own power or by a passenger vehicle within a one (1) hour period. Ord. No. 1209 Page 5 (8) Accessory Structures. No accessory structure shall be constructed as a permanent part of the recreational vehicle. (9) Access Roads: (a) All access roads shall be paved with asphalt concrete with a minimum thickness of three (3) inches or Portland Cement concrete with a thickness of six (6) inches. (b) 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-two (32) feet, shall not be used for automo- bile parking at any time. (c) One-way road systems may reduce the street cross section if approved by the Planning Commission. (d) Where access roads are paved to a width of thirty-two (32) feet or more, the off-street parking provisions contained in this Section are waived for the number of spaces provided and marked off in the parking lane on the street. Each marked space shall conform to the parking standards defined in this Ordinance (e) Portland Cement concrete pavement edge gutters or center gutters shall be installed on all access road(s) pursuant to approved grading and drainage plans. (f) Each recreational vehicle space shall front on an access road. (10) Lighting: (a) 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. (b) Light standards shall be a maximum of ten (10) feet in height. The height of all light standards shall be measured from the elevation of the adjoining pave- ment of the access roads. (11) Drainage: (a) The park shall be so graded that there will be no depressions in which surface water will accumulate. (b) The ground shall be sloped to provide storm drainage run-off by means of surface or sub-surface drainage structures. (c) The area beneath the recreational vehicle shall be sloped to provide drainage from beneath the recrea- tional vehicle to an outside surface drainage struc- ture. (12) Off-Street Parking: (a) Each individual RV space shall provide one parking space in addition to the R.V. space itself. All parking shall be provided in accordance with Section 9306.00 (Off-street Parking) . Ord. No. 1209 Page 6 (b) One (1) visitor parking space shall be provided for every ten (10) recreational vehicle spaces in addi- tion to parking required in subparagraph 1 above. (c) Parking for accessory uses shall comply with Section 9306.00 D. 1.0 (13) Park and Recreational Space. There shall be provided a recreational area(s) having a minimum area of two hundred (200) square feet for each recreational vehicle space. Said spaces shall be consolidated into usable areas within minimum dimensions of not less than one hundred (100) feet. Open space, pool areas, game courts, etc. shall be considered recreation area. (14) Management: (a) A caretaker responsible for the maintenance of the park shall reside on the premises of the park at all times when the park is occupied. (b) Management Storage. All storage of supplies, mainte- nance, materials, and equipment shall be provided within a storage area. Said storage care shall be located outside any required yard and completely screened from adjoining properties with a decorative masonry wall and landscape materials 10' in height. (c) Length of occupancy. The intent of the recreational vehicle park is to allow standards for the transient occupancy of recreational vehicles as defined in this Ordinance. It is not the intent of the recreational vehicle park to circumvent standards for a residen- tial mobilehome space. The period of time that a recreational vehicle shall occupy a recreational vehicle park as defined by this Ordinance, shall not exceed one hundred eighty (180) days. ( 15) Sanitary Facilities: (a) 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. (b) Toilets shall be of a water flushing type. (c) Hot and cold running water shall be provided for lavatories and showers. (d) Toilet, lavatory and shower facilities shall be located not more than three hundred (300) feet from any recreational vehicle space. (e) Laundry Facilities. One (1) washing machine and dryer shall be provided for every fifty (50) recrea- tional vehicle spaces or fraction thereof. (f) Trailer Sanitation Station. A sanitation station shall be provided to receive the discharge from sewage holding tanks of self-contained recreational vehicles. Ord. No. 1209 Page 7 1 . The sanitation station shall be constructed in accordance with specifications set forth in Chapter 5 (Mobilehome Parks, Special Occupancyy Trailer Parks and Campgrounds) , Title 25 (Housing and Community Development) , of the California Administrative Code. 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 and shall be setback 100' from adjoining residential development. (16) Recreational Vehicle Storage Yard. Recreational vehicle storage yards may be provided as an accessory use to a recreational vehicle park, they shall conform to the following standards: (a) No storage yard shall be located in a required setback area. (b) The area shall be graded and the surface paved with asphalt concrete with a minimum thickness of three (3) inches or other material approved by the Planning Commission. (c) 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. (d) Additional landscaping may be required within the storage yard. (e) No sewer connection other than a standard trailer sanitation station shall be permitted within the storage yard. (f) Electrical connections may be provided for main- taining the air conditioners in the recreational vehicles. (g) R.V.s in the storage yard shall not be used for living purposes. SECTION 4. Amend Section 9403.00 D. 1 (Architectural Review) to add: (q) Recreational Vehicle Parks. Architectural approval shall apply to all permanent improvements including but not limited to, all common recreation and landscape areas, exterior boundaries, walls, buildings, and improvements. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. r Ord. No. 1209 Page 8 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 loth day of January 1984. AYES: Councilmembers Doyle, Foster, Maryanov, Smith . NOES: None ABSENT: Mayor Bogert ATTE 1 CITY OF PALM SPRINGS, CALIFOR'Nj By��f—� City Clerk Mayor REVIEWED & APPROVED:�/�� I EEREBY CERTIFY that the foregoing Ordinance 1209 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 a summary of same was pub— lished in THE DESERT SUN, a newspaper of general circulation on January 19, 1984. {�L �JUDITH SUMICH City Clerk WP/C1 ORDINANCE NO. 1210 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING THE APPLICATION AND SCOPE SECTION OF THE BUILDING SECURITY ORDINANCE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8.04.100 of the Palm Springs Municipal Code relating to application and scope, is hereby amended to read as follows: 8.04.100 A lication and Sci�. The provisions of this division (Section 8.R .100 through 8.04.180) shall apply to all activities for which a building permit is required by this chapter. The requirements of this division shall apply to existing buildings to the same extent as the requirements of the Uniform Building Code apply to existing buildings pursuant to Section 104 thereof, except that Sections 8.04.170(8) and 8.04.180(i)(1) of this diivision shall apply when alterations, repairs, or additions requiring a permit occur, or when any application for a new certificate of occupancy occurs. 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 4th day of January , 198'-4. AYES: Councilmembers Doyle, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTE T,: i CITY OF PALM SPRINGS, CALIFORNIA f City Clerk Mayor REVIEWED & APPROVED: " I HEREBY CERTIFY that the foregoing Ordinance 1210 was duly adopted by the City Council of the City of Palm Springs, California, :in a meeting thereof held on the 4th day of January, 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation on January 11, 1984. 4 JUDITH UMICH Cpity CleSrk WP/C2 ORDINANCE NO. 1211 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTION 2.40 AND ADDING A NEW CHAPTER 2.40 TO THE PALM SPRINGS MUNICIPAL CODE, REGULATING THE PERSONNEL SYSTEM WITHIN THE CITY. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.40 of the Palm Springs Municipal Code regulating the Personnel system within the City is hereby repealed. SECTION 2. Chapter 2.40 of the Palm Springs Municipal Code regulatin4 the Personnel system within the City is hereby established, and reading as follows: Chapter 2.40 Personnel Sections: 2.40.010 Adoption of personnel system - Purposes. 2.40.020 Personnel officer. 2.40.030 Delegation of powers and duties. 2.40.0110 Personnel duties of personnel officer. 2.40.050 Personnel board - Membership. 2.40.060 Personnel board - Meetings. 2.40.070 Personnel board - Quorum. 2.40.080 Personnel board - Functions 2.40.090 Coverage of Ordinance 2.40.100 Adoption of rules - Scope. 2.40.010 Adoption of Personnel System - Purposes. In order to establish a uniform procedure for dealing with personnel matters, to attract to municipal service the most qualified persons available, and to assure that appointments, promotions and other personnel actions will be based on merit and Fitness and other factors related to the job and City service; the personnel system codified in this chapter is adopted. 2.40.020 Personnel officer. The city manager shall be the personnel officer. 2.40.030 Delegation of owers and duties. Except as to those duties imposed upon him by Section 2.08.6 0 2(b) , the city manager may delegate any of the powers and duties conferred upon him as personnel officer under this chapter to any other officer or employee of the city, or may recommend that such powers and duties be performed under contract. 2.40.040 Personnel duties of personnel officer. The personnel officer shall : (1) MEETINGS--SECRETARY. Attend all meetings of the personnel board and serve as its secretary; (2) ADMINISTRATION OF CHAPTER, RULES. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the council or the personnel board; (3) APPOINTMENTS, DISMISSALS, DISCIPLINE, TRANSFERS. Pursuant to duties imposed upon him by Section 2.08.010 2(b) , appoint, discipline, dismiss and transfer all heads of departments, subordinate officers and employees, except the city attorney and the city treasurer; (4) AMENDMENT OF RULES. Prepare and recommend to the council revisions and amendments to the personnel rules; Ord. No. 1211 Page 2 (5) EXAMINATIONS-NOTICES, APPLICATIONS-ELIGIBLE LIST. Publish or post notices of examinations for positions in the competitive service; receive applications therefor; administer and grade examinations; certify a list of persons eligible for appointment to an appropriate position in the competitive service; (6) POSITION CLASSIFICATION PLAN. Prepare a position classification plan and subsequent revisions thereto, which plan and revisions shall become effective upon approval by the council; and (7) COMPENSATION PLAN. Prepare a plan of compensation, and revisions thereof, covering all classifications in the competitive service, which plan and revisions shall become effective upon approval by the council . 2.40.0150 Personnel board - Membership. M-MEMBERS. There shall be a personnel board consisting of five members, none of whom may be in the city service. (2) APPOINTMENTS BY CITY COUNCIL. Two members shall be appointed in the manner prescribed in Section 2.04.060 of this code. (3) ELECTION BY EMPLOYEES. Two members shall be elected by secret ballot by employees of the city designated to vote by the Personnel Rules. (4) APPOINTMENT BY MEMBERS. One member shall be appointed by the four members chosen above. (5) TERMS OF MEMBERS. Members of the board shall serve terms as prescribed in Section 2.06.010 of this code; provided that the employees' elected members' terms may be different if so specified on the ballots by which the elections are conducted. (6) CHAIRMAN. The members of the board shall , as provided in the board's rules, or otherwise from time to time, select one of their number to act as chairman. (7) VACANCIES FOR UNEXPIRED TERM. Vacancies on the board shall be filled for the unexpired term in the manner in which the member whose vacancy I is being filled was elected or appointed to the board. (8) END OF TERM. Each member whose term expires shall continue to serve until a successor is appointed or elected and qualified. (9) REMOVAL OF MEMBER. A majority vote of the body approving, appointing or electing a member to the board shall be required to remove a member from the board before the expiration of that member's term. 2.40.060 Personnel Board - Meetings. The personnel board shall deter- mine the order of business for the conduct of its meetings, and shall meet regularly if so required by the rules, or on call of the chairman, three members of the board, or the personnel officer. 2.40.070 Personnel board - Quorum. Three members of the board shall constitute a quorum for the transaction of business. 2.40.080 Personnel board - Functions. The functions of the board shall be: (1) HEARINGS. In accordance with the rules, to hear appeals by eligible persons and to certify its findings and recommendations; and when requested by the council or the city manager, to hold hearings and make recommendations on amendments to the personnel rules and on any matter of personnel administration, within the limits of a request of the council or the city manager. (2) INVESTIGATIONS. Conduct such investigations as it deems appropriate pertaining to any matter properly pending before it. (3) WITNESSES. In any investigation or hearing conducted by the board, it shall have the power to call , examine and cross examine witnesses under oath, call for production of evidence and compel attendance of witnesses or production of evidence by subpoenas issued in the name of the city and attested by the city clerk. (4) SERVICE OF SUBPOENAS - EFFECT. It shall be the duty of the chief of police to cause all such subpoenas to be served; and refusal of a person to attend or to testify in answer to such a subpoena shall subject the person to prosecution in the same manner set forth by law for failure to appear before the council in response to a subpoena issued by the council . Ord. No. 1211 Page 3 (5) OATHS. Each member of the personnel board shall have the power to administer oaths to witnesses. (6) HEARINGS - INFORMAL IN NATURE. Hearings of the personnel board may be informal in nature. The formal judicial rules of evidence need not be applied. 2.40.090 Coverage of Ordinance. The positions in the city service which are not covered by this ordinance include, without limitation, those listed below: (1) ELECTIVE OFFICES. Elective offices; (2) BOARD, COMMISSION, COMMITTEE MEMBERS. Positions on appointive boards, commissions and committees; (3) PERSONS, ON STIPEND. Persons paid a stipend in- lieu of wages to defray expenses during training; (4) PERSONS EMPLOYED UNDER CONTRACT. Persons employed under contract to supply expert, professional or technical services; (5) VOLUNTEERS. Volunteer personnel who receive no regular compensation from the duty including, without limitation, police and fire reserve; (6) ENUMERAFED POSITIONS. City manager, assistant of or to city manager, secretary to city manager, city attorney and attorneys employed in the city attorney' s office, department heads, city treasurer, city clerk, city engineer, personnel manager. 2.40.100 Ado tion of rules - Scope. Personnel rules shall be adopted and from time Ado modified by resolution of the council , establishing, without limitation, specific procedures and regulations governing the following aspects of the personnel system: (1) APPOINTMENTS AND EXEMPT SERVICE. The system of exempt service and I types of appointments; (2) CLASSIFICATION PLAN. The preparation, installation, revision and administration of a position classification plan covering all positions in the competitive service; (3) PAY PLAN. The preparation, installation, revision, and administration of a plan of compensation corresponding to the position classification plan, providing a rate or range of pay for each class; (4) EXAMINATIONS-ANNOUNCEMENTS-APPLICATIONS. The public announcement of examinations and application for and acceptance of applications for employment and establishing of criteria related thereto; (5) GIVING OF EXAMINATIONS - ELIGIBLE LIST. The preparation and admin- istration of examinations and the establishment and use of resulting employment lists containing names of persons eligible for appointment; (6) CERTIFICATION - APPOINTMENTS. 'The certification and appointment of persons from employment lists, and the making of temporary, emergency, and Provisional appointments; (7) HOURS - LEAVE - WELFARE. The establishment of hours of work, attendance and leave regulations, training programs, benefits, conduct guidelines and other conditions of work; (8) EVALUATION OF EMPLOYEE PERFORMANCE. The evaluation of employees during the probationary period and at periodic intervals; (9) CHANGE OF STATUS. The transfer, promotion, demotion, reinsi:atement, separations, or any other change of status of employees in the competitive service; (10) DISCIPLINARY ACTIONS. The discipline of employees; (11) REVIEW OF PERSONNEL DECISIONS. A system or systems for submission to and review by the personnel board, city manager, city council, personnel manager or other designated person or persons, of designated types of discipline and personnel decisions, for fact finding, recommendations, final decision or other designated purposes or effects; (12) PERSONNEL BOARD AND PROCEDURES. The system for the employee- selected board members to be elected and for the board to conduct its business established by the personnel rules. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. Ord. No. 1211 Page 4 SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 18th day of January 1984. AYES: Councilmembers Doyle, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST,:-� CITY OF PALM SPRINGS, CALI NIA City Clerk May REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1211 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 18th of January, 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation on January 13 1984. and January 26, 1984. (Summary) JUDITH SUMZCH r City Clerk ORDINANCE NO. 1212 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE GUEST RANCH ZONE TO ALLOW AN INCREASE IN THE MAXIMUM HEIGHT OF STRUCTURES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9202.02 of the zoning ordinance is hereby amended as follows: USES PROHIBITED. Any uses not specifically permitted are hereby prohibited. SECTION 2. Section 9202.03, Property Development Standards, is hereby amended as follows: D. BUILDING HEIGHT 1. Buildings and structures erected in this Zone shall have a height not greater than fifteen (15) feet, and shall not exceed more than one (1) story in height, except as otherwise provided. 2. Exceptions a. On hillside lots, building height may be -Modified 5y the Director of Community Development, as provided in Section 9405.01. b. Permitted Projections above Buildin Height Limit. The provisions of Section 9303.00 shall apply. C. Governmental facilities. d. Any structures in excess of fifteen (15) feet and one story shall be set back a minimum of one hundred and fifty (150) feet from any residential zoned property or street which is a boundary with a residential zone. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage, SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 18th day of January 1984. AYES: Councilmembers Doyle, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT- None AT Y7 / —CITY OF PALM SPRINGS, C ORNIA -�� City Clerk ayor REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1212 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 18th day of January, 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation on January 25, 1984. JUDITH SUMICH ORDINANCE NO. 1212 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING AND CODIFYING AS TITLE FOUR OF THE MUNICIPAL CODE TH!E "ORDINANCE OF THE CITY OF PALM SPRINGS LIMITING RENTS ON RESIDENTIAL UNITS" HERETOFORE ADOPTED AT THE GENERAL MUNICIPAL ELECTION HELD APRIL 8, 1980. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. This Ordinance is intended to restate and codify the "Ordinance of the City of Palm Springs Limiting Rents on Residential Units" adopted as an initiative measure at the General Municipal Election held April 8, 1980, and Ordinance 1117, which amended and supplemented said initiative ordinance. To the extent that this Ordinance further amends said initiative ordinance, such amendments are made pursuant to Section 10 of said initiative ordinance. The City Council , in adopting this Ordinance, specifically finds that such amendments further the purposes of the initiative ordinance, and do not diminish any protection which said initiative ordinance affords to tenants. Codification of said initiative ordinance is not intended to supersede or repeal the same, and said initiative ordinance remains in full force and effect. SECTION 2. There is hereby added to the Palm Springs Municipal Code Chapter 4 .02 which is to read as follows: CHAPTER 4.02 REND CONTROL 4.02.010 Application. The provisions of this chapter shall apply to all residential rental units located within the City of Palm Springs renting for less than $450 per month, except as provided in Section 4.02.030, as of September 1, 1979. 4.02.020 Definitions. In construing the provisions of this ordinance, the following definitions shall apply. (a) Residential rental unit. Any mobile home space, apartment, condominium or single family residence, except units in any hotel , motel , inn, tourist home or boarding house rented for periods of two weeks or less, occupied by any person other than the owner for payment of rent pursuant to an oral or written lease, or other form of rental agreement. The term 'residential rental unit' shall not include any premises subject to the transient occupancy tax of the City of Palm Springs for any period during which such tax is actually collected and paid to the City. (b) Landlord. Any owner, lessor, operator or manager of apartments, condominiums or mobile home parks. The term ' landlord' shall also include the owner, lessor or manager of any single family residence which is occupied by a renter. (c) Tenant. Any person entitled to occupy such apartment, mobile home, condominium or other residential unit pursuant to an oral or written lease with the owner thereof, or pursuant to some other rental agreement with the owner, lessor, operator or manager thereof. (d) Rent. The consideration, including any bonus, benefit or gratuity, demanded or received by a Landlord for the use and occupancy of a I residential rental unit, including services, amenities and security deposits. Ord. No. 1213 Page 2 4.02.030 Exceptions. The following rental units shall be exempt from the provisions hereof: (a) Units used primarily for commercial purposes. (b) Units in buildings, mobile home parks, or developments of four units or less, where one unit is occupied by the owner, and any such unit subject to the transient occupancy tax of the City of Palm Springs for any period during which such tax is actually collected and paid to the City. 1979; (c) Units upon which construction began on or after April 1, (d) Units in any hotel , motel , inn, tourist home, boarding house which are rented primarily to transient guests for a period of less than fourteen days; (e) Spaces in any recreational vehicle park; (f) Units in nonprofit cooperatives; (g) Units in any hospital , medical care facility, asylum, or nonprofit home for the aged; (h) Units owned, managed or operated by any government agency; (i) Units whose rent is subsidized by any governmental agency, if federal or state law or regulation specifically exempts such units from rent regulation. 4.02.040 Maximum Rent Increase. From September 1, 1979, which shall be deemed to be the effective date of this ordinance, until such time as this ordinance is no longer deemed necessary by the City Council of the City of Palm Springs and approved by the majority of the voters of the City of Palm Springs, no landlord of any residential rental unit covered by this ordinance shall request, demand or receive a rent increase in excess of three-fourths (3/4) of the increase in the cost of living as indicated in the Consumer Price Index for the City of Los Angeles. No landlord shall be entitled to more than one such rent increase in any twelve-month period. As used herein, the term 'Consumer Price Index for the City of Los Angeles' shall mean that portion of the Consumer Price Index published by the United States Department of Labor for the Los Angeles-Long Beach-Anaheim Metropolitan Area, designated as All Urban Consumers, All Items, 1967 = 100. ' Computation of rent increases allowable by this Ordinance shall be according to the following formula: (a) Subtract 220.7 (Consumer Price Index, as above defined for September, 1979) from the Consumer Price Index for the closing month of the period to be measured. The resulting figure is the index point difference. (b) Divide the index point difference by 220.7. The resulting figure is the percentage change in the Consumer Price Index, expressed in decimal figures, for the period from September, 1979 to the closing month of the period to be measured. (c) Multiply such percentage change in the Consumer Price Index by .75. The resulting figure is the cumulative allowable percentage rent increase, expressed in decimal figures. (d) Multiply the cumulative allowable percentage rent increase by the base rent, as determined in Section 4.02.050. The resulting figure added to the base rent is the maximum allowable rent. (e) Subtract the current rent from the maximum allowabl; rent. The resulting figure is the maximum current increase in rent. (f) At the landlord's option, for bookkeeping convenience, the rent (base rent plus allowable increase) may be rounded to the nearest dollar, provided such adjustment is made for all rental units included in any group of rental units. 4.02.050 Base Rent. The base rent for purposes of this ordinance, and for computation of allowable rent increases shall be the monthly rent charged on September 1, 1979, except: (a) If the unit was held as of September 1, 1979 under a lease which provided for monthly rental payments of unequal amounts, the monthly rent charged on September 1, 1979, shall be deemed to be the total rent due under such lease divided by the number of months of said lease; and Ord. No. 1213 Page 3 (b) If the unit was vacant or not yet completed or otherwise exempt from application of this ordinance, as of September 1, 1979, the base rent shall be the monthly rent charged when the unit first became occupied after September 1, 1979. 4.02.060 Extraordinary Hardship Increase. (a) If the application of this ordinance, or any section thereof, would operate to confiscate the owner' s property in violation of the Constitution of the United States or the California Constitution, then such act, section, or part shall not apply to said owner regarding such property. (b) No landlord shall increase any rent pursuant to this section unless and until the Owner shall first obtain a judicial declaration or ruling by the Rent Review Commission that such increase in rent is necessary under this section, unless the tenant agrees in writing that such rent increase may become effective without such judicial declaration. No landlord shall evict or threaten to evict a tenant or refuse or threaten to refuse to renew or extend any rental agreement, lease or tenancy of any tenant based solely on the refusal of such tenant to agree to such increase in rent. Any landlord who violates this provision shall be liable in a civil action to such tenant or prospective tenant for damages of $300 per violation and reasonable attorneys fees. No provision in any lease or rental agreement shall be enforceable in which tenant agrees in advance to pay any rent increase which the landlord may later deem, without judicial determination, to be required pursuant to this section. 4.02.065 Other Hardship Increase. Any landlord who shall petition or apply to the Rent Review Commission for a hardship adjustment, and who shall be granted any such hardship adjustment as to any one or more residential units, may adjust the rent of such unit or units in an amount not exceeding the amount of the hardship adjustment so granted or approved by the Rent I Review Commission, upon giving to the tenant such written notice as is required by law. Service upon a tenant of a copy of the petition or application to the Rent Review Commission for a hardship adjustment of rent shall be deemed to constitute the notice of rent increase referred to in Section 4.02.080; provided, however, that the tenant shall be entitled to at least thirty (30) days written notice of the actual dollar amount of any rent increase. 4.02.070 Services. (a) No landlord shall reduce or eliminate any service to any rental unit so long as this ordinance is in effect, unless and until a proportionate share of the cost savings resulting from such reduction or elimination is passed on to the tenant in the form of a decrease in rent. (b) If a landlord who provides services to a rental unit in the nature of utility services, shall reduce or eliminate such service by separate metering or other lawful means of transferring from the landlord to the tenant the obligation for payment for such services, the cost savings, if any, resulting from such reduction or elimination to be passed on to the tenant in the form of a decrease of rent, shall be deemed to be the cost of such transferred utility service for the month of September, 1979. If for any reason the utility bill for such service for the month of September, 1',19, is not representative of the normal or usual cost of such utility service at that time, or if either landlord or tenant shall protest the use of the September, 1979 billing as the measure of such cost savings, then the computation of such cost savings shall be based upon the average monthly charge for such service I for the period of September, 1978 through August, 1979, inclusive or such other period as the parties shall mutually agree is representative of such cost savings. Ord. No. 1213 Page 4 For purposes of this section in determining cost savings to be passed on to the tenant in the form of decreased rent, the cost of installation of separate utility meters, or similar or analogous costs to the landlord to shift the obligation for payment of utility costs to the tenant, shal € not be considered. Nothing stated herein shall be construed to prohibit I or prevent the consideration or inclusion of such costs, together with other operational costs of a landlord, in any proceeding before the Rent Review Commission. 4.02.080 Registration, Notification of Tenants, and Payment of Fees. (a) Until September 1, 1980, the landlord may charge the monthly rent in effect on April 8, 1980. (b) On or before September 1, 1980, the landlord shall serve the tenant with written notice stating the base rent, any rent increase allowed by this ordinance, and the amount of rent due for the month of September, 1980. The rent increase or decrease, if any, shall not become effective until on or after December 1, 1980. A notice of rent increase allowable by this Chapter may be served at any time. Any such increase shall become effective not less than ninety (90) days after service of notice by the landlord on the tenant. All notices of rent increase shall be served in the manner prescribed by law. (c) On or before May 1, 1984, landlords shall register each rental unit subject to the provisions of this Chapter with the Rent Review Commission. (d) On or after June 1, 1984, no landlord shall increase rent for any rental unit subject to the provisions of this Chapter without first: (1) having registered said unit at least 30 days earlier with the Rent Review Commission, and (2) Notifying the tenant or prospective tenant in writing I of the base rent of said unit, and the present rent of said unit, and the date of the last previous rent increase, and (3) Paying to the Rent Review Commission the initial registration fee as provided in subsection (g) hereof and such periodic registration renewal fees as the City Council may establish from time to time by resolution. (e) Landlords who register their rental units on or before May 1, 1984, may demand and collect from the tenant of each unit for which a registration fee is required, a single surcharge of $6.00 on the rent of said unit after serving the tenant with thirty days written notice explaining the nature of the charge; except that when a landlord has paid the appropriate registration fee for an unoccupied unit, and that unit is later occupied, the landlord may demand and collect the $6.00 surcharge with the first rent payment, provided the notice hereinabove described is served on the tenant prior to or contemporaneous with the demand for payment of such surcharge. Landlords who fail to register their rental units on or before May 1, 1984, or who fail to pay timely such periodic registration renewal fees as the City Council may establish from time to time by resolution, shall pay a penalty equal to the registration fee(s) due under this section, and no part of the registration fee or penalty shall be demanded or collected from any tenant, except, upon approval of the Commission for good cause shown. (f) The initial registration and registration fee shall be effective through April 30, 1985, irrespective of when effected or paid. (g) On or before May 1, 1984, the landlord shall pay for each rental unit subject to the provisions of this Chapter a registration fee according to the following schedule: Ord. No. 1213 Page 5 Number of units per unit fee 1-25 $5.25 26-100 5.40 101-250 5.50 250 + 5.75 ' (h) If any notice, required by this ordinance is not served on the tenant, the tenant shall not be required to pay any increase in rent until ninety (90) days after such notice is served on him. (i ) If any notice of rent 'increase, served pursuant to Subsections (b) or (d) of this Section, does not state the actual dollar amount of such rent increase, a supplemental or additional notice which does state the actual dollar amount of such rent increase shall be served upon the tenant, in the manner prescribed by law, not less than thirty (30) days prior to the effective date of such rent increase. 4.02.090 Remedies. (a) If landlord demands, accepts, receives or retains any rent payment in excess of the amounts permitted by this ordinance, tenant may recover said sum from landlord as actual damages, together with a civil penalty of $300 per violation, and reasonable attorney's fees as determined by a court of competent jurisdiction. (b) In any action for recovery of rent, or for unlawful detainer based on nonpayment of rent, the tenant may defend such action on the ground that the amount of rent claimed is in excess of the rent allowed by this Chapter. (c) The City of Palm Springs may bring an action for injunctive relief to prevent or remedy any violation of this Chapter. (d) In any action involving the validity of any proposed or I actual rent increase, the landlord shall have the burden of proving all facts sustaining the rent increase. (e) Nothing in this section is intended to limit or preclude any other lawful defense, cause of action, or claim of the landlord or tenant. 4.02.100 Retaliation. No landlord sha'11 in any way retaliate against any tenant for the tenant's assertion of, or exercise of any right under this Chapter. Such retaliation shall be subject to suit for actual and punitive damages, injunctive relief, and attorney's fees. Such retaliation shall also be an available defense in an unlawful detainer action. In any action in which such retaliation is an issue, the burden shall be on the landlord to prove that the dominant motive for the act alleged to be in retaliation was in fact other than retaliatory. Section 3. There is hereby added to the Palm Springs Municipal Code, Chapter 4.04 which is to read as follows: Chapter 4.04 Rent Review Commission 4.04.010 Creation. There is created within the City of Palm Springs a Rent Review Commission, consisting of five (5) members, appointed by the City Council , to serve at the pleasure of the City Council . 4.04.020 Qualifications. Persons selected to serve on the Rent Review Commission shal be residents of the City o'F Palm Springs able and willing to render fair and impartial decisions in matters pertaining to the administration of this ordinance. No person shall be eligible to serve on the Rent Commission who is a landlord or a tenant of a rental unit or units subject to the provisions of Chapter 4.02 of this Code. Ord. No. 1213 Page 6 4.04.030 Term--Vacancies--Vote. Members of the Commission shall serve for i:he term provided by Chapter 2.06 of the Palm Springs Municipal Code, except that the members first so appointed shall , within 60 days of the appointment: of the last member of the Board, arrange among themselves, and report to the City Clerk, the selection of one of their members whose term shall expire on the June 30th next following the appointment of such I commission; the selection of two of their members whose terms shall expire on the June 30th next following the first anniversary of the appointment of such commission; and the selection of two of their members those terms shall expire on the June 30th next following the second anniversary of the appointment of such commission. A vacancy in the commission shall not impair the right of the remaining members to exercise the powers of the commission pursuant to this ordinance. Three members shall constitute a quorum of the commission, and any ruling, decision, or other action of the Commission may be taken by a majority of those members present provided a quorum is present. 4.04.040 Disclosures. All candidates for appointment to the Rent Review Commission shall disclose in a verified statement all present holdings and interests in real property, including interests in corporations, trusts or other entities owning real property within this jurisdiction as defined by California Government Code Section 82035. Such disclosure statement shall be made available to the City Council prior to appointment of members of the commission, and shall be filed with the City Clerk not less than ten days after appointment. Disclosure of holdings required herein shall be in addition to any other disclosure required by state or local law for holders of public office. (e) Compensation. Members of the commission shall receive no compensation for their services on the commission as such, but shall be entitled to receive $30 per member per hearing with a maximum of $60 per day for the conduct of hearings of landlord's petitions for hardship adjustment of I rent, 4.04.050 Powers and Duties of the Commission. Within the limitations provided by law, the Rent Revieva Commission shall have the following powers and duties: (a) To meet at such times as may be regularly scheduled by the commission, or from time to time at the call of the chairman to hear and determine petitions filed hereunder, at the request of the City Manager, or otherwise to conduct business of the commission, and to utilize City offices or facilities as needed and as available. (b) To receive, hear and determine petitions or other requests of tenants or other interested persons for the interpretations of Chapter 4.02 or for review of a landlord' s actions pursuant to the ordinance, n hearing aring such petitions or requests of tenants or other interested persons, the commission shall have no authority to fix or award civil penalties, damages or attorneys' fees, but shall have the authority to assess against a landlord appearing in such proceeding the actual cost, in whole or in part, of the conduct of such proceedings in those cases where the commission shall find and determine that the landlord has, in fact, violated the terms of the ordinance. The findings and determination or decision of the commission shall be available in written form for use in any judicial proceeding which may be brought pursuant to the ordinance. (c) To receive, investigate, hear and determine petitions of landlords for hardship adjustment of rent pursuant to Section 4.02.065. Ord. No. 1213 Page 7 (d) To make or conduct such independent hearings or investigations as may be appropriate to obtain such information as is necessary to carry out its duties, and to delegate its power to hear individual rent adjustment petitions to its individual members as hearing examiners, or to such other hearing examiners as may be appointed by the City Council , or to panels of two or more of such members or other hearing examiners. The commission shall review and make the final determination based upon the findings of such hearing examiners or, panels. All decisions of the commission shall be prospective, and not retrospective, in operation and application. The commission shall have no power or authority to order the reimbursement of rent by a landlord to tenants, nor to authorize any landlord to impose retroactively any increase of rent. If the commission shall find that a landlord has accepted, received or retained any rent payment in excess of the amounts permitted by the ordinance, or that the landlord has otherwise violated the terms of the ordinance, the remedy of the tenant shall be a judicial proceeding pursuant to Section 4 .02.090 of this Code. Nothing stated herein shall be construed to prohibit or preclude voluntary adjustment or settlement of any claims or causes of action which may exist between the landlord and the tenant. (e) To authorize an increase in the maximum amount of rent otherwise permitted to be charged by a ➢andlord pursuant to the ordinance. Such authorization shall be given only in those cases where the commission finds that the application of the ordinance, apart from such authorized increase, results or would result in undue hardship to the landlord, or would prevent a landlord from obtaining a just and reasonable return on the owner's property. Such authorization to increase the maximum rent may be granted for a stated period of time, or permanently as appropriate according to the facts. Such adjustment of maximum rent may take the form of a redetermination of base rent, a surcharge of a given dollar or percentage amount, a separate charge for utility or other services, or such other form as the commission shall find I most appropriate. In determining whether a hardship rent increase should be authorized, the commission may consider, among other relevant factors, increased costs to the landlord or owner attributable to increases or decreases in master land and/or facilities lease rent, utility rates, property taxes, insurance, advertising, debt service cost, governmental assessments and fees, incidental services, normal repair and maintenance, capital improvements, upgrading and addition of amenities or services, net operating income, as well as just and reasonable return on the owner' s property. (f) To render, at least semi-annually, a written report to the City Council concerning its activities, rulings, actions, results of hearings and all other matters pertinent to the ordinance, including recommendations for amendment thereof. (g) To adopt, promulgate, amend and rescind administrative rules of procedure. Nothing in this Subsection shalil be construed as authority for the Commission to make any administrative rules affecting the substantive rights of either landlords or tenants, (h) To maintain and keep at City Hall , hearing files and dockets listing the time, date and place of hearings, the parties involved, the addresses of said parties and final disposition of each such petition with appropriate findings. 4.04.060 Conduct of Commission Proceedings. (a) Each party to a hearing may have assistance in presenting evidence or in setting forth by argument his position, from an attorney or such other person as may be I designated by said party. (b) Formal rules of evidence shall not apply in commission proceedings, however, all oral testimony offered as evidence shall be under oath. Ord. No. 1213 Page 8 (c) In the event that any party shall fail to appear at the time and place set for hearing of a petition, the commission may hear and review such evidence as may be presented, and may make such findings and decisions as shall he supported by the evidence presented. (d) The commission, or designated hearing officer, shall make findings based on the evidence as to each fact relevant to the commission' s decision on the petition. The decision of the commission shall be based upon the findings, and shall (1) interpret the ordinance; and/or (2) determine whether the action or proposed action of a landlord is valid, permitted, and in conformity with the ordinance; and/or (3) determine whether a hardship exists, and if so, the nature and amount of relief to be granted or authorized to the landlord. (e) The findings and decisions of the commission shall be final adminstrative action. There shall be no right of appeal to the City Council . Such findings and decisions shall be public records, and may be certified by the secretary of the commission, if any, or by the City Clerk. *w. 4.04.676 AlternatMe' Procedure--Not Mandatory. The proceedings of the Rent 'Review Commission are alternative administrative proceedings, and are not mandatory. No person, whether landlord or tenant, is required to file a petition, nor to carry proceedings before the commission to conclusion before exercising the right to seek judicial relief pursuant to Sections 4.02.060, 4.02.090, or 4.02.100; provided, however, that the filing of an action in any court of competent jurisdiction by a party who has filed a petition with the commission seeking the same or similar relief, shall be deemed to be an abandonment of the petition before the commission if the same shall not have proceeded to final decision, and the commission may thereupon stay all further proceedings upon such petition; provided further that if a court in which any action is filed pursuant to the ordinance shall , in the exercise of its discretion, stay or abate such judicial proceeding, with or without referral of such action to the commission, and whether or not a petition has theretofore been filed with the commission, the commission may receive, hear and determine any petition theretofore or thereafter filed as if no such judicial proceeding were pending. There shall be no appeal , as such, from a final determination of the commission. A party not satisfied with such decision may then seek any judicial remedy provided by the ordinance or otherwise provided by law. 4.04.080 Priorities--Timeliness of Proceedings. The Rent Review Commission shall establish categories of petitions or requests, and may set priorities for those ' categories deemed most urgent. In view of the protections provided for tenants elsewhere in this ordinance, the highest priority for the proceedings of the commission shall be given to petitions based upon hardship alleged to be created by the landlord's payment of utilities or other necessary services used in rental units. The commission shall so arrange its affairs that each petition filed by a landlord seeking a hardship rent increase shall commence hearing not later than 45 days following the filing of such petition, and shall be determined not later than 10 days following the close of evidence. If the commission shall deem it necessary in order to meet such time constraints, it shall request of the City Council the appointment of one or more hearing officers to hear such cases, make findings thereon, and recommend disposition thereof to the commission. In any case in which a verified petition, or an affidavit or declaration under penalty of perjury has been filed by a landlord stating facts which appear prima facie to constitute a hardship, if such petition is not heard and determined within the time 'limits of this section, exclusive of any delays requested, consented to or caused by the landlord or his representative, no fees, charges or costs shall be charged or assessed against said landlord for any of the hearing costs of said commission. Ord. No. 1213 Page 9 SECTION 4. EFFECTIVE DATEe This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be ' published in accordance with law. ADOPTED this 18th day of January 1984. AYES: Councilmembers Doyle, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS CALIFORNI By _— City Clerk ayo REVIEWED & APPROVED: 7 I HEREBY CERTIFY that the foregoing Ordinance 1213 was dulv adopted by the City Council of the City of Palm Springs, California, in a meeting held January 18, 1984 and that same was published in THE DESERT SUN, a newspaper of •general circulation on January 13 and January 25, 1984. v JUDITH SUMICH I City Clerk I iWF/C1 ORDINANCE NO. 1214 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPOSING A TAX UPON THE OCCU- PANCY OF TIME SHARE UNITS, ADDING CHAPTER 3.28 TO THE PALM SPRINGS ,AUNICIPAL CODE RELATING TO TIME SHARE OCCUPANCY TAX AND I PROVIDING FOR THE ASSESSMENT, COLLECTION AND ADMINISTRATION THEREOF AND PENALTIES FOR VIOLATION, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS., PURPOSE AND AUTHORITY. The City Council finds that the development, conversion and subsequent use of time share projects is in part beneficial and in part detrimental to the general welfare of the community; that increased levels of municipal services are or may be made necessary by the development and use of time share projects; that time share projects cre- ate a potential for erosion or lessening of an established revenue source of the City, to wit: the transient occupancy tax; and `that the welfare of the citizens and tax payers of the City requires that use and occupancy of time share projects be taxed. The purpose of the tax imposed by this Ordinance is to provide revenue for the general fund of the City, to be used for the usual and current expenses of the City. The tax imposed by this Ordinance is authorized by Article XIII, Section 24 of the Constitution and Section 37100.5 of the Government Code of the State of California. SECTION 2. TIME SHARE OCCUPANCY TAX. Chapter 3.28 is hereby added to the I Palm Springs Municipal Code, to read as follows: Chapter 3.28 TIME SHARE OCCUPANCY TAX Sections: 3.28.010 Short title. The short title of this chapter shall be the "Time Share Occupancy Tax Ordinance". .3.28.020 Definitions. Except where the context otherwise requires, the definitions given in this section shall govern the construction of this chapter: (1) "Occupancy" means the use or possession, or the right or entitle- ment to the use or possession, of any time share unit for dwelling, lodging or sleeping purposes. 1:2) "Operator" means the person who is proprietor of a time share project; or a time share unit, whether in a capacity of owner, lessee, sub- lessee„ mortgagee in possession, licensee, owners' association, 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 li- abilities as the principal . Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both. (3) "Person" means any individual , firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corpor- ation, estate, trust, business trust, receiver, trustee, syndicate, owners' association, or any other group or combination acting as a unit. agent. (4) "Tax Administrator" means the City Manager or his designated Ord. No. 1214 Page 2 (5) "Time Share" is a generic term describing the multiple ownership or use of a facility whereby purchasers acquire specific amounts of time or a specific time period during which they may have exclusive use ofthe facility each year for a term of years. (6) "Time Share Estate" means a right of occupancy in a time share I project which is coupled with an estate in the real property. (7) "Time Share interest" means a time share estate or a time share use. (8) Time Share Occupancy" means occupancy for a period of thirty consecutive calendar days or less related to the situation wherein a purchaser receives the right or entitlement in perpetuity, for life, or for a term of years or other extended term, to the recurrent, exclusive use or occupancy of a lot, parcel , unit, room or rooms, hotel or portions thereof, or segment of real property, annually or on some other seasonal or periodic basis, for a period of time that has been or will be alloted from the use or occupancy periods into which the time share project which is involved has been divided. The said right or entitlement to occupancy may attach in advance to a specific lot, parcel , unit, room or rooms, or portion of a hotel , or segment of real property, or may involve designation or selection of the same at a future time or times. (9) "Time Share Occupancy Tax" means the tax imposed by Section 3.28.030. (10) "Time Share Occupant" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right-of-access, license, time share arrangement or ownership or agreement, or other agreement I of whatever nature., for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. Any person so occupying space in a time share unit shall be deemed to be a time share occupant if his actual total period of occupancy does not exceed thirty days. Unless days of occupancy or entitlement to occupancy by one person are consecutive without any break, then prior or subsequent periods of such occupancy or entitlement to occupancy shall not be counted when determining whether a period exceeds the stated thirty calendar days. (11) "Time Share Project" means a project in which a. purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel , unit, or segment of real prop- erty, annually or on some other periodic basis, for a period of time that has been or will be alloted from the use or occupancy periods into which the project has been divided. (12) "Time Share Unit" means a room, apartment, dwelling, space, or other physical segment of real property used, owned or occupied on a time share basis. (13) "Time Share Use" means a license or contractual or membership right-of-occupancy in a time share project which is not coupled with an estate in the real property. (14) "Transient Occupancy Tax" means the tax imposed by Section I 3.24.030 of the Palm Springs Municipal Code. Section 3.28.030 Tax imposed. For the occupancy of any time share unit, each time share occupant is subject to and shall pay a tax of four dollars ($4.00) for each day of occupancy. Insofar as the time share occupant is concerned, said tax constitutes a debt owed by the time share occupant to the City which is extinguished only by payment to the operator or to the City. Ord. No. 1214 Page 3 Section 3.28.040 Exemptions. (a) No time share occupancy tax shall be imposed upon: (1) Any person as to whom or any occupancy as to which it is beyond the power of the City to impose the tax herein provided; I (2) Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. (3) More than one time share occupant for the same occupancy of a time share unit; (4) Any person who shall have paid the transient occupancy tax for the same period of occupancy of the same time share unit. (b) No exemptions shall be granted under sub-paragraphs (a) (1) or (2) except upon a claim therefor made under penalty of perjury upon a form prescribed by the tax administrator. 3.28.050 Rela.tionshi_to transient occupancy tax. The time share occupancy tax imposed by this chapter is separate and distinct from the transient occupancy tax imposed by Chapter 3.24; however, it is not intended that any occupancy of any time share unit be subject to both such taxes. If it shall appear that both the transient occupancy tax and the time share occupancy tax apply to a period of occupancy, than the transient occupancy tax shall be collected and paid as provided in Chapter 3.24. 3.28.060 Operator's duties. Each operator shall collect the tax imposed by this chapter at the same time and in the same manner as the I collection of other recurring, annual or other periodic assessment, maintenance charges, taxes or other charges, however denominated, collected by the operator from owners of time share interests; provided, however that if the time share occupancy tax has not been collected in advance of occupancy, the tax shall be collected at or before the end of the period of occupancy. 3.28.0i0 Registration. Every operator of a time share project shall file with the tax adminstrator a registration statement for each such time share project; provided that only one such registration statement need be filed for each time share project. Every registration statement shall be made upon a form prescribed by the tax administrator and shall set forth the name under which the operator transacts or intends to transact business, the location of his place of business, the location of the time share project, if different from the location of the operator's business, the name, if any of the time share project, or some means of identifying the time share project, the nature of the time share interests in the time share project, the number of time share units in the time share project and the number of time share interests in the project, The operator shall pay a registration fee of -five dollars ($5,00) it the time of filing such registration statement. 3.28.080 Returns and remittances, The tax imposed under Section 3.28.030 is;_ (1) Due to the tax administrator at the time it is collected by the operator; and (2) Becomes delinquent and subject to penalties if not received by the Lax adminstrator on or before the last working day of the month following the end of the period of occupancy. 3.28.090 Reporting and remittiny> Each operator shall, on or before the last working day of the mooch fr"glowing the close of each calendar month, file a return with the Lax administrator on forms provided by him, disclosing as to each time share unit; Ord, No. 1214 Page 4 (1) The number of days during the calendar month that the time share unit was occupied, and (2) The number of days during the calendar month that the time share unit was not occupied; and (3) The number of days that the time share unit was occupied but exempt from time share occupancy tax pursuant to: (a) Section 3.28.040 (1) ., (b) Section 3.28.040 (2) , or (c) Section 3.28.040 (4) . (4) The amount of time share occupancy tax due for such time share unit during the calendar month. The return shall also state the total amount of time share occupancy tax collected and the total amount of time share occupancy tax due, and the total amount of time share occupancy tax remitted with the return for the time share project for the calendar month and shall explain any difference among such amounts. Each such return shall contain a declaration under penalty of perjury, executed by the operator or his authorized agent, that to the best of the signator`s knowledge, the statements in the return are true, correct and complete. At the time the return is filed, the time share occupancy tax due by reason of occupancy during the calendar month, and not previously paid, shall be remitted to the tax administrator. The tax admini- strator may establish other reporting periods and may require a cash deposit or bond or a separate trust fund bank account for any operator if he deems it necessary in order to insure collection of the tax, and he may require further information in the return. All taxes collected by operators pursuant to this I chapter shall be held in trust for the account of the City until remittance thereof is made to the tax administrator, 3.28.100 Delinquency. Any operator who fails to remit any tax to the City or any amount of tax required to be collected and remitted to the City including amounts based on determination made by the tax administrator under Section 3.28.120, within the time required shall , pay a penalty of ten percent (10%) of the tax or amount of the tax in addition to the 'tax or amount of tax plus interest at the rate of 112 percent per month, or fraction thereof, from the date on which the tax or the amount of tax required to be collected becomes delinquent until the date of remittance or payment. Any operator who fails to pay any penalty imposed under this section within 10 days after receipt of notice thereof, shall pay interest thereon at the rate of 1/2 per- cent per month, or fraction thereof from the date on which the penalty becomes due and payable to the City until the date of payment. 3.28.110 Fraud--Penalty. If the tax administrator determines that the failure to make any remittance due Linder this chapter is due to fraud, a penalty of 100°% of the amount of the tax and penalties shall be added thereto in addition to the penalties stated in Section 3.28.100. 3.28.1.20 Failure to collect and report tax---Determination of tax by tax administrator. If any operator fails or, refuses to collect said tax and to maw,within the time provided in this chapter, any report and remittance of I said tax or any portion thereof required by this chapter, the tax administrator shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the tax administrator procures such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by this chapter payable by any operator who has failed or refused collect the same and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the tax adminstrator shall give a notice of the amount so asssessed by serving it personally or by depositing it in the Ord. No. 1214 Page 5 United Stated mail , postage prepaid, addressed to the operator so assessed at his last known address. Such operator may within 10 days after the serving or mailing of such notice make application in writing to the tax administrator 'for a hearing on the amount assessed. 1f pplication by the operator for a hearing is not made within the time prescribed, the tax, interest and I penalties, if any, determined by the tax administrator shall become final and conclusive and immediately due and payable. If such application is made, the tax administrator shall give not less than five clays written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in said notice, why said amount specified therein should not be fixed for such tax, interest- and penalties. At such hearing the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed„ After such hearing, the tax administrator shall determine the proper tax be remitted and shall thereafter give written notice to the person in the manner prescribed herein of the determination of the amount of such tax, interest and penalties. The amount determined to be due shall be payable after 15 days unless an appeal is taken as provided in Section 3.28.130. 3.28.130 Appeal . Any operator aggrieved by any decision of the tax adminstrator with respect to the amount of any tax, interest and penalties, if any, may appeal to the City Council by filing a notice of appeal with the City Clerk within 15 days of the serving of the assessment or determination of tax and penalties, if any, due. The City Council shall fix a time and place for hearing the appeal and the City Clerk shall give notice in writing to the operator at his last known address. The findings of the City Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. 1 3.28.140 Records. It shall be the duty of every operator liable for the collection and remittance to the City of any tax imposed by this chapter to keep and preserve, in the City, for a period of three years, records in such form as the tax administrator may require to determine the amount of such tax. The tax administrator shall have the right to inspect such records at all reasonable times and may subpoena the records of any operator who refuses to make them available for examination. 3.28.150 Refunds. (a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this chapter, it may be refunded as provided in sub-paragraphs (b) and (c) of this section, provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within three years of the date of payment. The claim shall be on forms furnished by the tax administrator. (b) An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once, or erroneously or illegally collected or received when it is established in a manner prescribed by the tax administrator that the person from whom the tax has been collected was not a time share occupant, provided, that neither a refund nor a credit shall be allowed unless the amount of the 'tax so collected has either been refunded to the person or credited on account of any sums I subsequently payable by that person to the operator. (c) A time share occupant may obtain a refund of taxes overpaid or paid more than once, erroneously or illegally collected or received by the City by filing a claim in the manner provided in sub-paragraph (a) of this section, but only when the tax was paid by the time share occupant directly to the tax administrator, or when the time share occupant having paid the tax to operator, establishes to the satisfaction of the tax administrator that the time share occupant has been unable to obtain a refund from the operator who collected the tax. Ord. No. 1214 Page 6 (d) No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records. 3.28.160 Non-compliance---Effect on conditional use permit . Failure or refusauof Che operator of any time share project to file the registration statement required by Section 3.28.070, or to collect or remit the time share occupancy tax before delinquency, or to file returns as provided by this chapter shall constitute grounds for revocation or modification of the conditional use permit pursuant to which the time share project was established. 3.28.170 Recording certificate--Lien. If any amount required to be remitted or paid to the City under this chapter is not remitted or paid when due, the tax administrator may, within three ,years after the amount is due, file for record in the Office of the Riverside County Recorder, a certificate specifying the amount of tax, penalties, and interest due, the name and address as it appears on the records of the tax administrator of the operator liable for the same, the name and address of each time share occupant liable for the tax, if known, and the fact that the tax administrator has complied with all provisions of this chapter in the determination of the amount required to be remitted and paid. From the time of the filing for record, the amount required to be remitted together with penalties and interest constitutes a lien upon all real property in the County owned by the operator or by such time share occupant. The lien shall have the same force, effect and priority as a judgement lien, and shall continue for ten years from the time of filing of the certificate unless sooner released or otherwise discharged. 3.28.180 Warrant for collection of tax. At any time within three years after any operator is delinquent in the remittance or payment of any amount I herein required to be remitted or paid, or within three years after the last recording of a certificate under Section 3.28.170, the tax administrator may issue a warrant for the enforcement of any liens and for the collection of any amount required to be paid to the City under this chapter. 'The warrant shall be directed to any Sheriff, Marshall , or constable and shall have the same effect as a Writ of Execution. The warrant shall be levied and sale made pursuant to it in the same manner with the same effect as a levy of a sale pursuant to a Write of Execution. The tax administrator may pay or advance to the Sheriff, Marshall or constable the same fees, commissions and expenses for his services as are provided by law for similar services pursuant to Writ of Execution. The amount of such fees, commissions and expenses shall be added to the amount to be collected pursuant to such warrant. 3.28.190 Seizure and sale. At any time within three years after any operator is delinquent in the remittance or payment of any amount, the tax administrator as an alternate and supplemental remedy, may forthwith collect the amount in the following manner. The ta)�: adminstrator shall seize any property, real or personal , of the operator and sell the property, or a sufficient part of it, at public auction to pay the amount due together with any penalties and interest imposed for the delinquency and any costs incurred on account of the seizure and sale. Any seizure made to collect time share occupancy taxes due shall be only of the property of the operator not exempt from execution under the provisions of the Code of Civil Procedure. 3.28.200 Direct collection of tax--Costs. At any time that an operator I shall fail or refuse to collect or remit the time share occupancy tax, or shall be found to be repeatedly delinquent in reporting or remitting such tax, the tax administrator may designate a keeper to enter upon the premises of the time share project to insure the direct collection of such tax. The keeper shall be empowered to employ any reasonable methods to ensure that the tax for each time share unit is collected for each day of occupancy, which methods of collection may include but are not limited to personal notice to the occupant of each time share unit of the nature of the tax, the amount thereof, and the penalties for non-payment thereof. Ord. No. 1214 Page 7 3.28.210 Res onsibility for a ent. An iax r quired to be paid by any 1:iYtf2 s�Cti �aYsi7�Yr�t� —p �'T"uP of his chapter shall be deemed a debt owed by the time share occupant to the City. Any such tax collected by an operator which has not been remitted to she City is a fiduciar , obligation of the operator to the City and collectible in the same manner as a debt. Any person owing money to the City under the provisions of this chapter shall be liable in an action brought in the name of the City of Palm Springs for the recovery of such amount. 3.28.220 Violation--Misdemeanor, (a) Any operator or other person who knowingly or willfully fails or refuses to remit time share occupancy tax collections to the tax administrator prior to the time of delinquency as specified in Section 3.28.080 through 3.28.100 is guilty of a misdemeanor. (b) Any person knowingly violating any of the provisions of this chapter shall be guilty of a misdemeanor, (c) Any pperator or other person who willfully fails or refuses to register as required herein or to Furnish any return required to be made, or who fails or refuses to furnish his supplemental return or other data required by the tax administrator, or who renders a false or fraudulent return or claim is guilty of a misdemeanor. 3.28.230 Extension of time. The tax administrator, for good cause, may extend for not to exceed one month the time for making any return or paying any amount required to be paid under the chapter, The extension may be granted at any time, provided a request therefore is filed with the tax admin- istrator within or prior to the period for which the extension may be granted. Any person to whom the extension is granted shall pay, in addition to the tax, 1 interest at the rate of one percent (1%) per month or fraction thereof, from the date on which the tax would have been due without the extension until the date of payment. 3.28.240 Divulginq of information forbidden. It is unlawful for any person having an administrative duty sander this chapter to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of the records of any operator or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any return, or to knowingly permit any return or copy thereof or any abstract or particulars thereof to be seen or examined by any person not directly interested therein. Successors, receivers, trustees, executors, administrators, assignees, and guarantors, if directly interested, may be given information as to the items included in the amounts of any unpaid tax or amounts of tax, penalties and interest required to be collected. 3.28.250 Expenses paid from gross receipts. The expense for staff and collection of the tax herein provided, shall be paid from the gross receipts. 3.28.260 Dis osition of net proceeds. The net proceeds from t:Ae tax imposed herein shall he placed in the general fund of the City. SECTION 3. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions to this Ordinance are declared to be severable. The City Council 'hereby declares that it would have adopted this Ordinance and each section, sub-section, sentence, clause, phrase, part or portion thereof, irrespective of the Fact that any one or more sections, sub-sections, sentences, clauses, phrases, part or portion thereof, be declared invalid or unconstitutional , Ord. No. 1214 Page 8 SECTION 4. 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 5. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 1st day of February _ 1984. AYES: Councilmembers Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None AfTT CITY OF PALM SPRINGS, CALIF CityC 1erk yor REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1214 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held February T, 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation on January 16 and February 9, 1984. l\ JUDITH SUMICH I City Clerk ORDINANCE NO. 1215 AN ORDINANCE OF THE CITY OF PALM SPRINGS CALIFORNIA, ADDING SECTION 2. 04 . 020 AND 2 . 04. 021 TO THE PALM SPRINGS MUNICIPAL CODE, ESTABLISHING SALARIES FOR MEMBERS OF TIIE CITY COUNCIL AND PROVIDING ADDITIONAL COMPENSATION FOR THE MAYOR. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS : SECTION 1. Authority; Findings. This ordinance is adopted pursuant to Government Code Sections 36516, 36516. 1 and 36516 . 5 . The City Council finds" that the,.,l.atest estimate of the population of the City of Palm Springs made by the Department of Finance is 36 ,524 . SECTION 2 . Section 2. 04. 020 is hereby added to the Palm Springs Municipal Code to read as follows : "2 . 04 . 020 Compensation of City Council Members. Each member o the City Council shall receive a salary of two hundred dollars ($200) per month. " SECTION 3. Section 2. 04. 021 is hereby added to the Palm Springs Municipal Code to read as follows : I 112 . 04. 021 Additional_ Compensation for Mayor. The Mayor shall receive compensation in addition to any compen- sation received as a member of the City Council. The additional compensation shall be in an amount which, when added to any compensation received as a member of the City Council, shall total fifteen thousand dollars ($15 , 000) per year, payable one thousand two hundred fifty dollars ($1250) for each full month in office, or pro rata portion thereof for partial months in office. " SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is held invaid or unconstitutional by any court of competent jurisdiction, such in- validity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, sub-section, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases, part of portion thereof, be declared invalid or unconsti- tutional. SECTION 5. Opera e a tiv pate. The provisions of this ordinance shall become operative on the first day of the next succeeding term of office of the Mayor or any member of the City Council, and shall apply 1 to the Mayor and each member of the City Council holding office on 1 that date. SECTION 6. Effective Date. This ordinance shall be in full force and effect thirty (30) days after its adoption. ORD. NO. 1215 PAGE 2 . SECTION 7. Publication. The City Clerk is hereby ordered and directed to certify to the adoption 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 Lth day of February 1984 . AYES : Councilmembers Foster, Smith and Mayor Bogert NOES : Councilmember Maryanov ABSENT: None ATTEST CITY OF PALM SPRI CALIFOR _ i CITY CLERK MAYOR REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1215 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of February, 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation on February 24, 1984. \ EDiTll SUMICH City Clerk ORDINANCE NO. 1216 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 15th day of February 1984. I AYES: Councilmembers Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTES CITY OF PALM SPRINGS, CALIFORN A7 7�:/ City Clerk Mayo REVIEWED & APPROVED:_ r— I HEREBY CERTIFY that the foregoing Ordinance 1216 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of February, 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation on February 24, 1984. 0--4— e��JUDITH SUMICH City Clerk I AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS p0 /�J�r The Board of Administration, Pubaid��oyees' Retirement System, herein- after referred to as Board, and the gove ng' y of above public agency, hereinafter referred to as Public Agency, havin,3Vl�teC into a contract effec- tive January 1 , 1957, and witnessed December 3, 1956, �1r'gs amended effective July 14, 1965, January 14, 1973, January 1 , 1975, September 5, 1976, July 10, 1977, October 15, 1978, April 29, 1979, and February 27, 1983, 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 February 27, 1983, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive: 1 . All words and terms used herein which are defined in the Public Employ- ees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after January 1, 1957 making its employees as herein- after provided, members of said System subject to all provisions of the Publ;c Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become mem- bers of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members) ; b. Local Police Officers (herein referred to as local safety members) ; C. Employees other than local safety members (herein referred to as local miscellaneous members) . I 4. In addition to the�eTsF✓{ o,,/> .mployaes excluded from membership by said Retirement Law, the fZ4r�Masses of employees shall not become members of said Rehr emen�`d vb NO ADDITIONAL EXCLUSIONN /T pNIY'� 5. The fraction of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be that provided in Section 21251 . 13, of said Retirement Law with all service prior to Social Security termination December 31 , 1974, subject to the reduction provided by said section (2% @ 60 Full and Modified). 6. The fraction of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full) . 7. The following additional, provisions of the Public Employees' Retire— ment Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: a. Sections 21263/21263. 1 (Post—retirement survivor allowance). b. Sections 21380-21387 (1959 Survivors Program) excluding Section 21382.2 (Increased 1959 Survivors benefits) . C. Section 20930.3 (Military service credit) as defined in Chapter 1437, Statutes of 1974. d. Section 20024.2 (One—year final compensation) , for local fire and local miscellaneous members only. ' e. Section 20862.8 (Unused sick leave credit), for local fire members only. 8. Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on September 5, 1976. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the aforementioned date and con— tributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. A. Public Agency shall contribute to said Retirement System as follows: a. With respect to local miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as local miscellaneous members of said Retirement System: I (1 ) 0.688 percent until June Y� A on account of the liability for prior service bene '"i (2) 14.437 percent until June 30, 2000 on ac&kfof the liability for current service benefits. b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (1 ) 0.763 percent until June 30, 2004 on account of the liability for prior service benefits. (2) 25.865 percent until June 30, 2000 on account of the liability for current service benefits. C. A reasonable amount, as fixed by the Board, payable in one in— stallment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount, as fixed by the Board, payable in one in— stallment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 10. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and I valuation required by said Retirement Law. 11 . Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulatJ'.on. If more or less than the cor— rect amount of contributions is pa,'d for any period, proper adjustment shall. be made in connection with subsequent remittances, or adjust— ments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts„ certified checks, money orders or cash. I Ordinance 1216 B. This amendment shall be attached to said contract and shall be effective on the day of iw 79 Witness our hands the _ day of 19 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF PALM SPRINGS BY •r��'t?F�Y SIDNEY C. MCCAUSLAND, [Y� �d�ng Officer EXECUTIVE OFFICER Approved as to form: Attest: Margaret J Hoehn, ,ega Office, a e Clerk PERS CON-702 ORDINANCE NO. 1217 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO ALLOW BANKS, HEALTH CLUBS, AND RESTAURANTS IN THE "P" (PROFESSIONAL) ZONE UNDER CONDITIONAL USE PERMIT. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9214.01.0 of the Palm Springs Zoning Ordinance is hereby amended to add the following: Banks, health clubs and restaurants provided that such uses total less than 50% of the total floor area of a professional complex. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 21st day of March _ 1984. , AYES: Councilmembers Foster, Maryanov, Smith and Mayor Bogert NOES: None I ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNI By �'_. i /--City Clerk n REVIEWED & APPROVED: 1,AD,1 N I HEREBY CERTIFY that the foregoing Ordinance 1217 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 21st day of March, 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation, on March 30, 1984. JUDITH SUMICH `—' City Clerk I WP/CC ORD ORDINANCE NO. 1218 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA ADDING SECTION 3 . 24. 035 TO THE PALM SPRINGS MUNICIPAL CODE IMPOSING AN ADDITIONAL, TRANSIENT OCCUPANCY TAX OF TWO PERCENT TO BE PAID INTO THE GENERAL FUND OF THE CITY. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1 . Section 3 . 24. 035 is hereby added to the Palm Springs Municipal Code to read as follows : "3 . 24 . 035 Additional Tax Imposed--Use of Proceeds. In addition to the tax imposed by Section 3 . 24. 030 , for the privilege of occupancy in any hotel on or after Sept. 1, 1984, each transient is subject to and shall pay an additional tax in the amount of two percent of the rent charged by the operator. The additional tax imposed by this section shall be administered and collected in the same manner, and is subject to all of the same definitions, exemptions, rules and regulations as the tax imposed by Section 3 . 24. 030, except that the tax imposed by this section shall be paid into the general fund of the City to be used for the usual and current expenses of the City, and the provisions of Section 3 . 24 . 310 shall not apply to the tax imposed by this section. " SECTION 2 . 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 3 . Publication. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this _ 21st day of March , 1984 . AYES : Councilmembers Foster, Maryanov, Smith and Mayor Bogert NOES : None ABSENT: None ATTEST: CITY OF PALM SPRI G :WILRNIA J/ 5� City Clerk Ma G REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1218 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 21st day of March, 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation, on March 30, 1984. v. � ( 'JUDITH SUMICH City Clerk ORDINANCE NO. 1219 AN ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA, AMENDING CHAPTER 11. 13 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO BINGO PERMITS . THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 11. 13 . 020 of the Palm Spacings Municipal Code is hereby amended to read as follows : 11. 13 . 020 Definitions. For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows : (1) "Bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. (2) "Nonprofit organization" means an organization within the purview of Penal Code Section 326 . 5 , which is an organization exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 2370le, 23701f , 23701g or 23701Z of the Revenue and Taxation Code and mobilehome park associations and senior citizens organizations. (3) "Minors" are all persons under eighteen years of age, as specified in Civil Code Section 25 . SECTION 2 . Section 11. 13 . 060 of the Palm Springs Municipal Code is hereby amended to read as follows : 11. 13 . 060 Applications for permits, (a) Applications for bingo permits shall be written, signed and verified under penalty of perjury, and shall be filed with the city manager in such form as the city manager shall prescribe. Each application for permit or renewal shall contain at least the following information and showings: (1) The name and address of applicant; (2) The dates, hours, and location where the bingo games will be operated; (3) The name or names of the person or persons who will have the management or supervision of said games; (4) Whether food and beverages will be available; (5) Such other reasonable information as the city manager may require as to the identity or character of the applicant, manager, and members of applicant who will operate said games ; (6) A copy of the tax exempt status determination, if any, issued by the State Franchise Tax Board to the applicant organiza- tion showing that the applicant organization is exempt under the provisions of Section 23701a, 23701b, 23701d, 2370le, 23701f , 23701g or 23701Z of the California Revenue and Taxation Code, and that such exemption still exists at the time of application submittal; or documentary evidence that the applicant is a mobilehome park asso- ciation or senior citizens organization. (7) Proof that the applicant organization owns or leases or I has donated to it the use of the property on which the bingo games are to be held and that such property is used by such organization as an office or for other purposes for which the organization is organized, and that such property was not acquired solely to accommodate bingo games . (b) No application for a permit renewal shall be accepted unless, in addition to the above information, there is also submitted therewith a full and accurate accounting record, certified ORD. N0�1219 PAGE 2. under penalty of perjury by the permittee ' s accountant or a member of the permittee' s management deemed by the city manager to be authorized and appropriate to make such certification, setting forth in detail the income and expenses received and disbursed in connection with the permittee ' s operation, conduct:, promotion, supervision and any other phase of bingo game activities carried on under the existing or preceding permit. Such a certified accounting record may also be required by the city manager in cases where the application is not for a "renewal" but is for a new permit to be issued to an applicant organization which at any previous time held a permit issued under this chapter . SECTION 3 . Section 11 . 13 . 090 of the Palm Springs Municipal Code is hereby amended to read as follows : 11. 13. 090 Permits--Conditions by state law. All permits issued under this chapter to allow bingo games shall be subject to the following conditions as mandated by Penal Code Section 326 . 5 : (1) Bingo games are allowed only when they are for the benefit of organizations exempted from the payment of the bank and corpora- tion tax. by Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g or 23701Z of the Revenue and Taxation Code or mobilehome park associations or senior citizens organizations. (2) No person is to receive a profit, wage, or salary from any authorized bingo game. (3) No minors shall be allowed to participate in any bingo game., (4) An organization authorized to conduct bingo games shall conduct a bingo game only on property owned or leased by it, or the I use of which is donated to it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Premises used solely for pur- poses of conducting bingo games are not qualified therefor. (5) All bingo games shall be open to the public, not just to the members of the authorized organization. (6) A bingo game shall be operated and staffed only by members of the nonprofit organization which organized it. Such members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game, or participate in the promotion, supervision or any other phase: of sucn games This section does not preclude the employment of security personnel who are not members of the authorized organi- zation at such bingo game by the organization conducting the game. (7) No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall, hold a. financial interest in the conduct of such bingo game . (8) With respect to organizations exempt from payment of bank and corporation tax by Section 23701d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall. not be commingled with any other fund or account. Such profits shall be used only for charitable purposes. (9) With respect to organizations authorized to conduct bincro 1 games other than the organizations referred to in the next preced- ing paragraph, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows : (1) Such proceeds may be used for prizes. (2) A portion of such proceeds, not to exceed 20 percent of the proceeds before the deduction for prizes, or one thousand. dollars ($1, 000) per month, whichever is less, ORD. NO. 1219 PAGE 2 , may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel. (3) Such proceeds raay be used to pay license fees . (10) No person shall be allowed to participate in a bingo game, unless the person is physically present at the time and place in which the bingo game is being conducted, (11) The total value of prizes awarded during the conduct of any bingo games shall. not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held. SECTION 4 . EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5 . PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 4th day of _ April 1984. AYES : Councilmembers Foster, Maryanov, Smith and Mayor Bogert NOES : None ABSENT: None ATTEST::'"`, "'\ CITY OF PALM SPR GS , CALIFORNIA By City Clerk Mayo REVIEWED & APPROVED: I I HEREBY CERTIFY that the foregoing Ordinance 1219 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 4th day of April, 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation on April 12, 1984. JUDITH SUMICH City Clerk I_ ORDINANCE NO. 1220 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND AMENDING THE UNIFORM BUILDING CODE, THE UNIFORM BUILDING CODE STANDARDS, UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SOLAR ENERGY CODE, AND UNIFORM SWIMMING POOL CODE, ALL BEING THE 1982 EDITIONS, AND THE 1981 NATIONAL ELECTRICAL 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 Building Code, 1982 Edition" and all appendices, tables and indices thereto, and "Uniform Building Code Standards, 1982 Edition," except as hereinafter modified, are hereby adopted as the Building Code of the City of Palm Springs by reference, pursuant to the provi- sions of Section 50022.1 et seq. of the California Government Code. SECTION 2. The Uniform Building Code adopted herein by reference is hereby amended by the following additions, deletions and amendments: Amend Subsection 301(a)-Permits Required. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, I improve, remove, convert, or demolish any wall, fence, building or structure in the City, or cause the same to be done, without first obtaining a separate building permit for each such wall, fence, building or structure from the Building Official . Replacement of more than 25 percent of the roof covering of any existing building or structure or the application of any additional layer of roofing or foamed plastic shall likewise require a permit. Delete Subsection 301(b) Exempted Work. Amend Subsection 303(d) Expiration. By substituting "120 days" for "180 days" where noted in this Subsection. Amend item 7. of Subsection 2518 (h) . 7. Roof Sheathing, Roof sheathing shall be in accordance with Table No. 25-Q for lumber of No. 25-R for plywood except that the minimum thickness for plywood shall be 1/2 inch and all edges shall be blocked where spans exceed 16 inches. The mininum ply- wood thickness for spans greater than 16 inches without edge blocking or reinforcement shall be 5/8 inch. Joints in lumber sheathing shall occur over support unless approved end matched lumber is used in which case each piece shall bear on at least two supports. I Plywood used for roof sheathing shall be bonded by intermediate or exterior glue. Amend Section 3202(b) Definitions. . . . . .WOOD SHAKES are tapered or non tapered pieces of Western red cedar or redwood of random widths ranging from four inches to fourteen inches and have been pressure treated with approved fire retardants, and of the following four types: 1 . Hand-split and resawn tapered with one sawed and one split face; semi-split; tapered with partially sawn and split faces both sides, fifteen inches, eighteen inches or twenty-four inches in length. Ord. No. 1220 Page 2 2. 'raper-split; tapered with both split faces, twenty-four inches in length. 3. Street-split; non-tapered with both split faces, either eighteen inches, or twenty-four inches in length. 4. Taper-sawn; sawn both sides; edges sawn or split. Length twenty- four inches and longer. WOOD SHINGLES are tapered pieces of Western red cedar or redwood, sawed both sides, of random width ranging from three inches to fourteen inches and in length of sixteen inches, eighteen inches or twenty-four inches, and have been pressure treated with approved fire retardants. Add Exception 6 to Subsection 3202(q) . Slope of Roof. 6. Roofing on slopes less than a inch in 12 inches shall be installed with a minimum of four plies of type 15 or heavier felt. Base sheet to be nailed. Solid mopping between the plies and surface flood coat shall be provided as required in this Code for mineral aggregate surfaced built-up roofs. Amend Section 3207-Roof Drainage. (a) Roofs with design slopes less than ; inch in 12 inches shall be provided with roof drains not less than two inches in diameter at a minimum spacing of one (1) such drain at the low point of each 300 sq.ft. increment of roof area, or such other alternate roof drain design as may be approved by the Building Official. (b) Where roof drains are required, independent overflow drains having I the same size and spacing shall be installed with the inlet flow line located two inches above the low point of the roof, unless overflow scuppers or roof edge provides alternate relief of over- flow at the same or lower level . Amend Section 3802(c)6. In Group A, dining and drinking establishments having a total gross floor area of 4,000 sq. ft. or more or Group A public assemblies with an occupant load of 100 or more above the first story of the building. Amend Subsection 3805(b) Where Requiredl. Occupancies three stories or more shall be required to have RTC II System. Occupancies four stories or more shall be required to have a Class I and II (or III) system. In addition to the above, standpipe systems shall be as set forth in Table No. 38-A. Amend Section 3806(b) Construction `.standpipe Requirements. Every building, three stories or more in height, shall be provided with not less than one standpipe for fire department use during construction. Such standpipes shall be installed when the progress of construction is not more than 10 feet in height above grade. Such standpipe shall be provided with fire department inlet connections as accessible locations adjacent to usable stairs, but in no case shall the distance from curb I line to fire department connection exceed forty feet (40' ) . Such stand- pipe systems shall be extended as construction progresses to the highest point of construction having a secured decking or flooring. Add the following exception at the end of Subsection 4706 (e). EXCEPTION: Weep screeds may be eliminated where the exterior plaster is carried all the way to grade on wall systems where the foundation plate is affixed flush to the edge of an ongrade concrete floor slab and the lath and paper extends at least two inches below the plate line. Ord. No. 1220 Page 3 Amend Subsection 4708 a General . Plastering with Portland Cement plaster shall not be ess than three coats when applied over metal lath or wire fabric lath and shall be not less than two coats when applied over masonry, concrete, or gypsum backing as specified in Section I 4706(c) , except that the third coat may be omitted providing that the total plaster thickness is not less than seven-eights (7/8") . Only approved plasticity agents and approved amounts thereof may be added to Portland Cement. When plastic cement is used, no additional lime or plasticizers shall be added. Hydrated lime or the equivalent amount of lime putty used as plasticizer, may be added to Portland Cement plaster in an amount not to exceed that set forth in Table No. 47-F. Add Sub ara rah 6. to Appendix Chapter 32 Re-roofing Subsection 3211 b . 6. White Coating: Where white coated "sno-coat" roofs are accepted as standard "ordinary roof covering" the surfacing aggregate shall be a minimum of No. 4/5 blend, embedded and surfaced sufficiently to accept the cementitious coating. Coating on bare asphalt is unacceptable. Delete Items Numbered 1, 8 and 9, from Appendix Section 7003 Add Subparagraph 6. to Appendix Subsection 7006(d) Concerning Information on Plans and in Specifications. 6. An effective means of dust— c on—trot—which shall include provisions for adequate watering during the grading process and provision for I continuance of dust control after grading, until such time that the graded surface presents sufficient protective cover against wind or water erosion so that special dust control measures are no longer necessary. Amend Appendix Subsection 7014 b Grading Designation. All grading in excess of 0 cu. yds shall e per orme in accordance with the approved grading plan perpared by a Civil Engineer, and shall be designated as "engineered grading". Grading involving less that 2,000 cu. yds. shall be designated "regular grading" unless the permittee with the approval of the Building Official, chooses to have the grading performed as "engineered grading". EXCEPTION: Grading in excess of 2,000 cu. yds. which is primarily of a landscaping and "fine grading" nature, where no flood hazard is present, may be termed "regular grading" at the discretion of the Building Official. Delete Appendix Chapter 1. SECTION 3. That certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Palm Springs, California, being marked and designated as "Uniform Mechanical Code, 1982 Edition", and all appendices, tables and indices thereto, except as hereinafter modified, is I hereby adopted as the Uniform Mechanical Code of the City of Palm Springs, by reference, pursuant to the provisions of Section 50022.1 et seq. of the California Government Code. SECTION 4. The Uniform Mechanical Code adopted herein by reference is hereby amended by the following additions and amendments: Add Section 1305 Waste Water. Evaporative coolers shall be equipped with water recirculation devices adjusted to prevent waste water overflow. Ord. No. 1220 Page 4 Add Section 1521 Condensate Water. Condensate water shall be conducted to an approved place of ground absorption and shall not be permitted to discharge onto a roof, structure, road, walkway traversable area of the grounds, or into the sewer. Condensate water may be conducted to an approved place of ground absorption via a roof drain. I SECTION 5. That certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Palm Springs, California, being marked and designated as "Uniform Plumbing Code, 1982 Edition" and all appendices, tables and indices thereto, with the exception of Appendix G, and except as hereinafter modified, is hereby adopted as the Uniform Plumbing Code of the City of Palm Springs, by reference, pursuant to the provisions of Section 50022.1 et seq. of the California Government Code. SECTION 6. The Uniform Plumbing Code adopted herein by reference is hereby amended by the following additions, deletions and amendments: Amend Exception #1 to or Section 401(a) Materials. ABS or PVC installa- tions sha be li ll m ited to no me than two stories without a full story section of metal pipe to stabilize expansion and contraction and shall not penetrate required firewalls. Amend Table 4-1 to add: Residential Garbage Disposal 6 Fixture Units Commercial Garbage Disposal 12 Fixture Units Add Subsection 406 (i) Sanitary Plumbing. Where cement slab floors are used and sanitary plumbing is placed beneath such floors, the clean-out for the sanitary plumbing shall be extended through an outside wall or foundation, if the sanitary plumbing terminates within six (6) feet of an outside wall . Amend Exception #2 to Section 503(a) Materials. ABS or PVC installations shall be limited to no more than two stories without a full story section of metal pipe to stabilize expansion and contraction and shall not penetrate fire walls. Amend Section 1101 Sewer Required. (a) Every building in which plumbing fixtures are installed and all premises having drainage piping thereto. whether new construction or existing, shall be subject to the Sewer Connection Requirements as set forth in Chapter 15.14 of the Palm Springs Municipal Code. (b) Where any existing private sewage system has Failed by reason of requiring pumping or by reason of structural failure, and where the City sewer exists within one hundred feet (100' ) of the premises, then the subject premises shall be connected to the City sewer within thirty (30) days following notice given by the Administrative Authority to connect:. (c) No permit shall be issued for additions to, or repair of, any I existing private sewage disposal systems or parts thereof, on any property where the City sewer is available for connection within one hundred feet (100') of the premises. (d) On every lot or premises hereafter connected to the City sewer, all plumbing and drainage systems or parts thereof on such lot or premises shall be connected to the sewer. Delete Appendix "G" - "Swimming Pools" in its entirety SECTION 7. That certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Palm Springs, California, being marked and designated as "Uniform Housing Code, 1982 Edition" and all indices Ord. No. 1220 Page 5 thereto is hereby adopted as the Uniform Housing Code of the City of Palm Springs, by reference, pursuant to the provisions of Section 50022.1 et seq. of the California Government Code. I SECTION 8. That certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Palm Springs, California, being marked and designated as "Uniform Code for the Abatement of Dangerous Buildings, 1982 Edition" and all indices thereto is hereby adopted as the Uniform Code for the Abatement of Dangerous Buildings in the City of Palm Springs, by reference, pursuant to the provisions of Section 50022.1 et seq. of the California Government Code. SECTION 9. That certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Palm Springs, California, being marked and designated as "Uniform Solar Energy Code, 1982 Edition" and all indices thereto is hereby adopted as the Uniform Solar Energy Code of the City of Palm Springs, by reference, pursuant to the provisions of Section 50022.1 et seq. of the California Government Code. SECTION 10. That certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Palm Springs, California, being marked and designated as "Uniform Swimming Pool Code, 1982 Edition" and all indices thereto is hereby adopted as the Uniform Swimming Pool Code of the City of Palm Springs, by reference, pursuant to the provisions of Section 50022.1 et seq. of the California Government Code. SECTION 11. The Uniform Swimming Pool Code adopted herein by reference is hereby amended by the following additions, deletions, and amendments: I Amend Section 1.11 Cost of Permit. Every applicant for a permit to install, alter or repair a swimming pool system or part thereof, shall state in writing on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connec- tion therewith, together with such information pertinent thereto as may be required. Such applicant shall pay, for each permit at the time of making application, a fee in accordance with the City of Palm Springs Comprehensive Fee Schedule. Add Section 301(c) General. No private pool shall have its water peri- meter closer than five 5 feet from any property or building line. No public pool shall have its water perimeter closer than five (5) feet from any property line nor ten (10) feet from any building line. Amend Section 310(b) Piping Materials. All plastic piping must be installed to the manufacturer's specifications. Amend Section 311 Waste Water Disposal. Waste water shall be discharged into a dry we approved separation tank or approved cartridge filter system. Such dry well shall have at least ten (10) times the pump back- wash capacity in gallons per minute per unit with a minimum capacity of 1,000 gallons. No waste water other than that from a swimming pool shall discharge into such dry well. 1 In the event the emptying of a pool is required, such waters may be dis- charged into the public right-of-way. No water is to be discharged into the City Sewage system. All such drainage operations require a permit prior to pumping. Amend Section 316 Equipment Foundations Locations and Enclosures. All mechanical equipment shall be set on a concrete base or slab capable of supporting all of the equipment placed upon it. The mechanical equip- ment shall either be housed underground; within a structure; or screened from view, above ground, out of the required setback areas. Screening shall consist of an approved substantial fencing material and shall totally obscure the equipment from adjacent properties. All heating and electrical equipment unless approved for outdoor installation, shall be Ord. No. 1220 Page 6 adequately protected against the weather or installed within a building. All enclosed equipment rooms shall be adequately ventilated. SECTION 12. That certain Electrical Code, three (3) copies of which are on file in the office of the City Clerk of the City of Palm Springs, California, being marked and designated as "National Electrical Code, 1981 Edition," commencing with page 70-1 through page 70-681, inclusive, and each provision thereof except as amended herein, is hereby adopted as the Electrical Code of the City of Palm Springs by reference, pursuant to the provisions of Section 50022.1 et seq. of the California Government Code, and all of its provisions (except as hereinafter modified) shall regulate the installation, arrangement, alternative, repair, use, and generation of electric wiring, connections, fixtures, apparatus, machinery, appliances, and other electrical devices on premises within the City of Palm Springs. SECTION 13. The National Electrical Code adopted herein by reference is hereby amended by the following additions, deletions and amendments: Article 101 (added), 102 (added), 103 (added) , 104 (added) , 1.05 (added) , 106 (added) , 107 (added) , 230-79 (amended) , in the following aspects: ARTICLE 101 - GENERAL PROVISIONS Section 101-1 - TITLE 'This Ordinance shall be known as. the "PALM SPRINGS ELECTRICAL CODE," and may be cited as such. Section 101-2 - PURPOSE I The purpose of this Code is to provide minimum standards to safe- guard life or limb, health, property and public welfare by regulating and controlling the design, construction and mainten- ance of electrical systems, equipment and appliances. Section 101-3 - SCOPE The provisions of this Code shall apply to the construction, alteration, moving, repair and use of any electrical wiring on any premises within the City of Palm Springs except as hereinafter specifically exempted. Section 101-4 - PUBLIC UTILITIES EXEMPTION The provisions of this Code shall not apply to electrical installations performed by or for a public utility agency or cor- poration where such electrical installations are controlled and operated or used exclusively by the public utility agency or cor- porationin the conduct of its business as a public utility. Section 101-5 - PUBLIC SCHOOLS EXEMPTION i The provisions of this Code shall not apply on premises I owned by a public school district where installations of electrical work are regulated and inspected by an agency for public schools inspection as provided for in State Law. ARTICLE 102 - ADMINISTRATION Section 102-1 - GENERAL The Building Official shall administer and enforce the provisions of this Code and applicable statutes of the State Ord. No. 1220 Page 7 of California within the City of Palm Springs in a manner consistent with the intent thereof. Wherever the term "Building Official" is used hereafter in ' this Code, the term shall be construed to also mean an authorized representative of the Building Official . Section 102-2 - SUBMISSION OF PLANS Plans, specifications, diagrams, and calculations shall be submitted as necessary to show clearly the location, character, and extent of electrical work covered by applica- tions for an electrical permit. Section 102-3 - PERMITS AND FEES No person, firm, or corporation, whether acting as principal , servant, agent, contractor, or employee shall do or cause or permit to be done any electrical work regulated by this Code without first securing an Electrical Permit and paying a fee therefor• in accordance with the Comprehensive Fee Schedule as prescribed by resolution of the City Council . Exceptions Not Requiring a Permit: 1. Minor repair work such as replacement of lamps, switches, receptacle devices, overcurrent devices, and I the like, on existing systems. 2. The repair or replacement of fixed motors, trans- formers, apparatus, or appliances, of the same type and rating and in the same location, on existing electrical systems. 3. Low voltage electrical wiring, devices, appliances, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. Section 102-4 - PENALTY FEE Any person who shall commence any electrical work for which a permit is required by this Code without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by this Section for such work, provided that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Building Official that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of work. In all cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such a permit, a double fee as herein provided shall be charged. Section 102-5 - REGULATION OF PERMITS The applicant for electrical permits shall be a City of Palm Springs licensed contractor possessing also an appropriate contractor's license pursuant to Chapter 9, Division 3 (Section 7000 et seq. ) of the Business and Professions Code of the State of California with classification entitling the licensee to perform personally or through his employees all activities represented in the application. Ord. No. 1220 Page 8 Exceptions: 1. The owner of a single-family residential property may apply for electrical permit(s) on that property provided that work authorized under any such permit(s) shall be done by the person to whom the permit is issued, or by a member of his immediate family. 2. An electrical permit may be issued directly to the authorized representative of a governmental or other public agency for work declared to be under the competent supervision and control of that agency. Section 102-6 - TIME LIMIT Every permit issued under the! provisions of this Code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 120 days from the date of such permit„ or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. Before such work can be recommenced, a new permit shall be first obtained to do so. Section 102-7 - SUSPENSION OR REVOCATION OF PERMIT The Building Official may suspend or revoke any permit issued under the provisions of this Code whenever such permit is issued in error, or is issued on the basis of ' incorrect information supplied, or has been obtained by falsification or misrepresentation or when work is being done thereunder in violation of this or any other related ordinance or regulation. ARTICLE 103 - INSPECTION Section 103-1 - INSPECTION (a) The Building Official shall inspect all work authorized by any permit to assure compliance with provisions of this Code or amendments thereto, approving or condemning said work in whole or in part as conditions require. (b) Advance Notice. It shall be the duty of the person doing the work authorized by the permit to notify the Building Official that said work is ready for inspection. Such notification shall be given not less than 24 hours before the work is to be inspected. (c) Permission to Cover Work. It shall be unlawful for any person to lath over, seal, cover or conceal any electrical wiring or ether electrical equipment, for I the installation of which a permit is provided herein, until such electric wiring or other electrical equip- ment shall have been inspected and approved by the Building Official . (d) Uncovering. Said Building Official shall have the authority to require the removal of any obstruction which prevents proper inspection of any electrical equipment. (e) Approval . Upon the completion of the electrical wiring in or on any building or structure of any nature, or tent, or premises, except as otherwise Ord. No. 1220 Page G exempted in this Code, the person, firm or corporation installing the same shall notify the Building Official , who shall inspect such installation, and if it is found by him to be fully in compliance with the I provisions of this Code, he shall issue, as provided for herein, the certificate of inspection or approval notice authorizing connection of the electrical service and the energizing of the installation. Section 103-2 - WORK REJECTED The Building Official may condemn and reject all work done or being done or materials used or being used which do not in all respects comply with the provisions of this Code and amendments thereto. Section 103-3 - CORRECTIONS The Building Official may order changes in workmanship or materials, or both, essential to obtain compliance with the provisions of this Code. All defects shall be corrected within ten (10) days after inspection and notification or within such reasonable time as is permitted by the Building Official . Section 103-4 - RIGHT OF ENTRY Whenever it is necessary to make an inspection to enforce I any of the provisions of or perform any duty imposed by this Code or other applicable law, the Building Official hereby is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Building Official by this Code or other applicable law; provided that: (1) If such property be occupied, he shall first present proper credentials to the occupant and request entry explaining his reasons therefor; and (2) If such property be unoccupied" he shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining his reasons therefor. If such entry cannot be obtained 'because the owner or other person having charge or control of the property cannot be found after due diligence or if entry is refused, the Building Official shall have recourse to every remedy provided by law to secure lawful entry and inspect the property. (3) No person shall fail or refuse, after proper demand I has been made upon him as provided in this sub- section, to promptly permit the Building Official to make any inspection provided for by Subdivision (b) of this sub-section. Any person violating this Subdivision shall be guilty of a misdemeanor. Section 103-5 - REINSPECTION The Building Official is hereby authorized and empowered to make at reasonable times, thorough reinspection of the installation in or on any building, structure or premises of all electrical wiring, electrical devices and electrical material now installed or that may hereafter be installed. Ord. No. 1220 Page 10 When the installation of any such wiring device or material is found to be in violation of this Code, the person, firm, corporation or governmental agency owning, using or operating the same shall be notified in writing and shall make the necessary repairs or changes required to place such wiring, device or material in compliance with this Code and to have such work completed within a period of ten (10) days after such notice, or within such other reasonable period specified by the Building Official in said notice and shall pay such fees as are required by this Code. Section 103-6 - AUTHORITY TO DISCONNECT The Building Official is hereby empowered to disconnect or to order in writing the discontinuance of electrical service to wiring, devices or materials found to be dangerous and a hazard to life, health and property until the installation of such wiring device or material has been made safe as directed by the Building Official . Any person, firm, corporation, public utility, political subdivision or governmental agency ordered to discontinue such electrical service shall do so within 24 hours after the receipt of such written notice and shall not reconnect such service or allow the same to be reconnected until notified so to do by the Building Official . Refusal or failure or neglect to comply with any such notice or order shall be considered a violation of this Code. Section 103-7 - STOP ORDERS ' Whenever any work regulated by this Code is being done contrary to the provisions thereof, the Building Official may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done. And any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work. Section 103-8 - CONNECTION It shall be unlawful to energize or cause or permit to be energized any electrical wiring coming under the provisions of this Code, until such electrical wiring shall have been inspected and approved by the Building Official . Provided, however, that temporary permission may be given to furnish electric current to, or the use of electric current through any electrical wiring for a length of time not exceeding 30 days or other reasonable period, if it appears to said Building Official that such electrical wiring may be used safely for such purpose, and that there exists an urgent necessity for such use, such as for testing of installed equipment. I ARTICLE 104 - REQUIREMENTS FOR INSTALLATION METHODS AND MATERIALS Section 104-1 - INSTALLATION All electrical installations shall be in conformity with the provisions of this Code and all applicable statutes of the State of California. Where no specific type or class or material , or no specific standards are prescribed by this Code, or by the National Electrical Code, conformity with a standard designated by the Building Official shall be prima facie evidence of conformity with an approved standard for Ord. Ho. 1220 Page 11 safety to life and property. In other than R-3 and R-1 apartment occupancies, conductors shall be installed in raceway. Section 104-2 - MATERIALS All electrical materials, devices, appliances and equipment shall be in conformity with the provisions of this Code, and shall be in conformity with approved standards for safety to life and property. Listing, labeling or marking, as conforming to the Standards of the Underwriters' Laboratories, Inc. , the National Bureau of Standards, the United States Bureau of Mines, or other nationally recognized testing organization, shall be prima facie evidence of conformity with the approved standards for safety to life and property. Section 104-3 - ALTERNATE MATERIALS AND METHODS Nothing in this Code is intended to prevent the use of any material , appliance, installation, device arrangement or method of construction not specifically prescribed, provided any such alternate has been approved by the Building Official . The Building Official may approve any alternate that is found to be satisfactory and does not lessen provisions for safety or health required by this Code. Such approval shall be based upon submittal of sub- stantiating data and including, but not limited to, performance characteristics, measurements, calculations, diagrams, equipment and construction factors, where applicable. Section 104-4 - USED MATERIAL Previously used construction materials shall not be reused except as follows: Previously used industrial apparatus and processing equipment may be reinstalled provided it complies with all applicable provisions of this Code. Section 104-5 - EXISTING INSTALLATIONS No provision of this Code shall be deemed to require a change in any portion of electrical systems or any other work regulated by this Code in or on an existing building or lot when such work was installed and is maintained in accordance with law in effect prior to the effective date of this Code, except when any such electrical system or other work 1 regulated by this Code is determined by the Building Official to be in fact dangerous, unsafe, or a nuisance, and a menace to life, health or property. Section 104-6 - ADDITIONS, ALTERATIONS, RENEWALS AND REPAIRS Additions, alterations, renewals and repairs to existing installations shall be made in accordance with the provi- sions of this Code. Ord. No. 1220 Page 12 EXCEPTION: Minor additions, alterations, renewals and repairs to existing installations when approved by the Building Official may be installed in accordance with the law in effect prior to the effective date of this Code. ARTICLE 105 - UTILITIES AND SERVICE INSTALLATIONS Section 105-1 - UTILITIES (a) All utilities for direct service to subdivisions, building sites and structures shall be installed underground. The owner or developer is responsible for complying with the requirements of this Section and shall make all the necessary arrangements as required by the serving utilities for the installation of such facilities. (b) Service-entrance conductors, feeder conductors and branch circuit conductors shall not be run overhead between structures on the same site. Section 105-2 - SERVICE INSTALLATIONS (a) SERVICE ENTRANCE AND METER WIRING. The latest type of service entrance and meter wiring, as adopted by the local utility company, shall be installed. (b) EXISTING SERVICE ENTRANCE. For installations where existing service entrance equipment is remodeled and the connected load does not exceed 12 KW, No. 6 conductors in one-inch raceway with at least a 60 ampere disconnect may be installed. If equipment is relocated, service shall be 100 ampere minimum capacity. (c) DISCONNECT ON NEW SINGLE-FAMILY DWELLINGS. All new single-family dwellings shall have a minimum of one 100 ampere disconnect. (d) SERVICE LOAD. The main switch and/or distribution panel of a single-family dwelling or condominium occupancy shall have an adequate capacity and space to carry the calculated load, plus and 8 KW future with four (4) spare spaces at the time of final inspection. The 8 KW load is not be reduced by the demand factor. (e) METERED SYSTEMS IN SEPARATE RACEWAYS. The conductors of different metered systems shall not occupy the same raceway after they leave the service enclosure. (f) MOBILEHOME PARKS. In mobilehome parks, the electical load for air conditioning that is either expressly planned or reasonably expected to be added shall be calculated at a 100% factor and this consideration shall be added to the standard National Electrical Code service and feeder calculation requirements. ARTICLE 106 - ALUMINUM CONDUCTOR LIMITATIONS Section 106-1 - ALUMINUM CONDUCTORS No aluminum conductor wiring in sizes smaller than No. 1 shall be installed within or on combustible construction. Aluminum conductors in sizes No. 1 or larger shall be Ord. No. 1220 Page 13 enclosed in raceway and all connections shall be provided with approved aluminum termination devices. ARTICLE 107 - VIOLATIONS AND PENALTIES Section 107 -1 - VIOLATIONS AND PENALTY Every person who violates any of the provisions of this Code is guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction is punishable by a fine not exceeding $500 or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment. ARTICLE 230 - SERVICES Section 230-79 - RATING OF DISCONNECT Add a third sentence to read as follows: "For one-family dwellings and condominiums, the load calculations, per unit, shall include an additional 8000 watts for future expansion of load." Section 230-79(c) - ONE FAMILY DWELLING In the first sentence change the word "means" to "device". ARTICLE 305 - TEMPORARY WIRING Section 305-1 - SCOPE Temporary electrical power and lighting installations shall be permitted for a period not to exceed 90 days for Christmas decorative lighting, carnivals, and similar purposes, and for experimental or development work. Temporary electrical power for Christmas tree sales lots shall be permitted provided that proper permits and inspections are obtained for a temporary power pole installation upon the business premises. ARTICLE 353 - MULTIOUTLET ASSEMBLY Section 353-4 - PLUG-IN MULTIADAPTERS Plug-in multiadapters (outlet centers) with a 15 amp built- in circuit breaker and an all metal enclosure may be utilized for general purpose use in areas not subject to I severe damage. SECTION 14. The prior "Uniform Building Code, 1979 Edition", "Uniform Building Code Standards, 1979 Edition", Uniform Housing Code, 1979 Edition", "Uniform Code for the Abatement of Dangerous Buildings, 1979 Edition", Uniform Mechanical Code, 1979 Edition", "Uniform Plumbing Code, 1979 Edition", and the prior "National Electrical Code, 1978 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 15. 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 Ord. No. 1220 Page 14 r portions of this Ordinance. The City Council of the City of Palm Springs hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the clauses or phrases being declared invalid. SECTION 16. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 17. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. The foregoing Ordinance was introduced after reading of the title and of the titles of the Codes adopted thereby, before the City Council of the City of Palm Springs, California at the regular meeting of the City Council held on May 2, 1984 , 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 June 6, 1984 by the following vote, to wit: ADOPTED this 6th day of June 1984 , AYES: Councilmembers Birer , Foster, Maryanov, Smith & Mayor Bogert NOES: None ABSENT:None / AT TES • ) CITY OF PALM SPRINGS CALIF NIA By City Clerk M r REVIEWED AND APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1220 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 6th day of June, 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation on June 16, 1984. �'`4yJUDITH SUMICH City Clerk ORDINANCE NO. 1221 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE BY AMENDING REFERENCE TO THE UNIFORM BUILDING CODE, THE UNIFORM BUILDING CODE STANDARDS, UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SOLAR ENERGY CODE, AND UNIFORM SWIMMING POOL CODE, ALL BEING THE 1982 EDITIONS, AND THE 1981 NATIONAL ELECTRICAL CODE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1 . Chapter 8.04 of the Palm Springs Municipal Code is hereby amended to read as follows: Chapter 8.04 UNIFORM BUILDING CODE 8'.04.010 Incorporation by reference. The following ordinance of the City relating to adoption of a building code hereby is incorporated herein by this reference and shall continue in effect until hereafter superseded, amended or repealed by proper authority: I Ordinance 1220 Date June 6, 1984 Number Passed TITLE OF ORDINANCE AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND AMENDING THE UNIFORM BUILDING CODE, THE UNIFORM BUILDING CODE STANDARDS, UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SOLAR ENERGY CODE, AND UNIFORM SWIMMING POOL CODE, ALL BEING THE 1982 EDITIONS, AND THE 1981 NATIONAL ELECTRICAL CODE. 8.04.020 Citation of Building Code. This chapter, the Uniform Building Code, 1982 Edition; the Uniform Building Code Standards, 1982 Edition; the Uniform Mechanical Code, 1982 Edition; the Uniform Plumbing Code, 1982 Edition; the Uniform Housing Code, 1982 Edition ; the Uniform Code For the Abatement of Dangerous Buidlings, 1982 Edition; the Uniform Solar Energy Code, 1982 Edition; the Uniform Swimming Pool Code, 1982 Edition; and the National Electrical Code, 1981 Edition; said ordinance No. 1220 and all amendments thereto, may be collectively referred to and cited 'as the "Palm Springs Building Code. " Ordinance 1221 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 June .1984. AYES: Councilmembers Biter , Foster , Maryanov, Smith & Mayor Bogert NOES: None ABSENT:None A T CITY OF PALM SPRIN ALIFORNIA BYE City Clerk May REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1221 was duly adopted by the City Council of the City of Palm Springs, California In a meeting thereof held on the 6th day of June, 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation on June 16, 1984. JUDITH SUMICH City Clerk I ORDINANCE NO. 1222 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.02 OF THE MUNICIPAL CODE, AND REGULATING THE USE OF ALARMS AND ALARM SYSTEMS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of Palm Springs ordains that Chapter 5.02 of the Palm Springs Municipal Code is amended to read as follows: 5.02.010 Definitions. For the purposes of this chapter, certain words and phrases used herein are defined as follows: (1) "Alarm system" means any device designed for the detection of an unauthorized entry on premises or for alerting others of the commission of an unlawful act, or both, and which when actuated emits a sound or transmits a signal or message. (2) "Alarm business" means any person engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing, or monitoring any alarm system or causing to be sold, maintained, serviced, repaired, altered, replaced, moved, installed or monitored an alarm system in or on any building, place or premises. (3) "Alarm agent" means any person who is employed by an alarm business, either directly or indirectly, whose duties include any of the I following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving, installing or monitoring on any building, place, or promises any alarm system. (4) "Audible alarm" means a device designed for the detection of an unauthorized entry on a premises and which, when actuated, generates a sound audible at and outside the premises. (5) "False alarm" means an alarm signal which causes response by the police department where an emergency situation does not exist. Response means arrival at the location of the alarm. "False Alarm" does not include an alarm signal activated by earthquake, flood, extraordinary weather conditions or other act of God. (6) "Proprietor alarm" means an alarm which is not serviced by an alarm business. (7) "Silent alarm" means that type of alarm system which, when activated, sounds a bell or buzzer or turns on a light at a predesignated plane other than the location where the alarm has been installed. (8) "Alarm user" means a person contracting with an alarm business for the leasing, servicing or maintaining of an alarm system, or who owns, uses, or maintains a proprietor alarm. I 5.02.020 Exemptions--Special alarm systems. The provisions of this chapter shall not be applicable to: (1) Audible alarms affixed to automobiles; (2) Fire or smoke sensor alarm systems or detectors when such systems are not used as, or in lieu of, intrusion detection devices or alarm systems; (3) Emergency medical crisis alarms when such systems are not used as, or in lieu of, intrusion detection devices or alarm systems. Ord No. 1222 Page 2 5.02.030 Administration re ulations and standards. The provisions of this cFap-i;er s a e a minis ere an en d— by the Chief of Police. He and his designees are authorized to make inspections of alarm systems and of the premises whereon such systems are located. He and his designees shall have the power to enforce such rules and regulations and standards as may be applicable pursuant to this chapter or other ordinance or law. 5.02.040 Intrusion Alarms-Turnoff/Requirements. (a) No alarm company shall install and no alarm user shall possess or maintain an audible alarm which does not contain a means to effect an automatic turnoff of the alarm within ten minutes after it is first activated, and no user of an alarm which is not serviced on a twenty-four-hour basis by an alarm business, shall fail, refuse or neglect to notify the police department of: (1) his name and the telephone number at which he may be reached at any time of the day or night, and (2) the name and telephone number of an alternate responsible person who may be reached to turn off the alarm at all other times that the person listed in subsection (1) is absent or other- wise unavailable. The alarm business or the above-listed person, as appropriate, shall be responsible for deactivating any alarm within 30 minutes of notification that such alarm has been activated or is ringing. (b) The ringing of any alarm for a period in excess of 30 minutes of%-er such notification or reasonable efforts of notification have been made is declared to be a public nuisance, which may be the subject of a prosecution unaer Section 11.72.300 of this code. 5.02.050 False alarms. (a) No person shall maintain, use or possess I an operative alarm system, proprietor alarm, or audible alarm in such a way that it signals or sounds an excessive number of false alarms. (b) For purposes of this section, excessive false alarms means any false alarm in excess of the following numbers: (A) two within any thirty-day period; or (B) three within any ninety-day period. (c) The ChieF of Police may require from the appropriate person using, servicing, possessing or maintaining a faulty alarm system, proprietor alarm, or audible alarm, a report in writing (within such reasonable period as is specified by the Chief of Police) describing the corrective action which has and will be taken to assure that violation of this section will not reoccur. 5.02.060 Reimbursement of City for false alarm costs. (a) Whenever the police department has responded to a false alarm which is excessive as defined in Section 5.02.050(b) , the City shall be reimbursed by the alarm user in accordance with the following schedule: (1) First excessive false alarm. . . . . . . .$ 25.00 (2) Second excessive false alarm. . . . . . .$ 50.00 (3) Third excessive false alarm. . . . . . . .$100.00 Whenever any reimbursement due to the City pursuant to this section I remains unpaid thirty days after demand therefor, the Chief of Police shall noi;ify in writing the occupant, or if there is no occupant, the owner of record, of the premises where the alarm is installed and the servicing alarm company, iF any, that the police department shall not respond to any further alarms originating from said premises. Said notice shall be effective ten days after service. Ord No. 1222 Page 3 (b) Whenever the police department has responded to more than three excessive false alarms from any alarm or alarm system, the Chief of Police shall notify in writing, the occupant, or if there is no occupant, the owner of record, of the premises where the alarm is installed, and the servicing alarm company, if any, that the police department shall not respond to any further alarms originating from said premises. Said notice shall be effective ten days after service. 5.02.070 Instruction as to operation of systems. It shall be the responsibility of the alarm business and no such person shall fail, refuse or neglect, to instruct the alarm user in the proper use and operation of such device or alarm, whether silent or audible, including specifically all necessary instruction in turning off said alarm, and that intentionally activating an alarm in the absence of an emergency is a criminal offense under Section 148.3 of the California Penal Code. 5.02.080 Alarm systems terminating at police department. No alarm system shall be installed which, when activated, causes an alarm or signal to be sent directly to the Palm Springs police department or any facility thereof, unless and until written permission therefor is received from the Chief of Police. The chief is authorized to limit the number of such devices terminating into the police department if he determines that any such device or devices would interfere with the normal functions of the police department. 5.02.090 Automatic callin devices. No person other than an authorized agent of the police department sha use, maintain, operate, or attempt to use or operate, or cause to be used or operated any alarm system or other device I or conbination of devices that is arranged, adjusted or programmed so that it will upon activation, either mechanically, electronically or by other automatic means, initiate, call and deliver a recorded message to any telephone number assigned to the City or its police department, or to any radio frequency used thereby. 5.02.100 Appeals. Any person aggrieved by any administrative action of the Chief of Police or his designee in administering the provisions of this chapter may appeal to the City Council in accordance with Chapter 2.05 of the 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 June 1984. AYEii: NOES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert ABSENT: None I None ' ATTEST: CITY OF PALM SPRINGS, CALIFO By2' City Clerk Ma REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1222 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 6th day of June, 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation on June 21, 1984. JUDITH SUM1C;, City Clerk ORDINANCE 1223 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTION 14.04.100 OF THE MUNICIPAL CODE TO REMOVE CONFLICTING STREET ADDRESS NUMBER SIZES. THE CITY COUNCIL OF THE CITY OF PALM SIPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 14.04.100 of the Palm Springs Municipal Code relating size and placement of street numbers, is 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 27thday of June 1984. AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PALM SPRIN CALIF NIA By(y� .A mac--- ity Clerk Mayor REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1223 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 27th day of June, 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation on July 11, 1984. JUDITH SUMICH City Clerk I ORDINANCE N0. 1224 OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE OASIS REDEVELOPMENT PROJECT. WHEREAS the City Council of the City of Palm Springs has received from the Palm Springs Redevelopment Agency (the "Agency") the proposed Redevelopment Plan (the "Redevelopment Plan") for the Oasis 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 E. Tahquitz-McCallum Way, Palm Springs , California, together with the Report of the Agency, including the reasons for the selection of the Project Area, a description of the physical , social and economic conditions existing in the Project Area, the proposed method of financing 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 recommendations of the Planning Commission of the City of Palm Springs (the "Planning Commission") , an environmental impact report on the Redevelopment Plan, the report of the County Fiscal Officer and the Agency's analysis thereof, and the report of the Fiscal Review Committee convened to consider the Project; 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 Redevelopment Plan conforms to the General Plan 1 for the City of Palm Springs; and WHEREAS the Council and the Agency held a joint public hearing on June 27, 1984, 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 E. Tahquitz-McCallum Way, Palm Springs, California; and WHEREAS a notice of said hearing was duly and regularly 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 Redevelopment 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 taxi"" 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 WHEREAS the Council has general knowledge of the conditions existing in the Project Area and of the availability 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 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 feasibility, 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 Redevelopment 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 June 27, 1984 by Agency Resolution No. and Council Resolution No. L5 1 2 . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS does 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. Eliminate environmental deficiencies in the Project Area, including, among others, incompatible and uneconomic land uses, irregularly shaped lots„ obsolete and aged building types, deteriorated and inadequate public improvements. b. Assemble land into parcels suiitable for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area. c. Replan, redesign and develop undeveloped areas which are stagnant or improperly utilized. d. Strengthen commercial functions in the Project Area. Encourage the expansion and addition of new department stores. Encourage commercial uses in the western half of the Project Area. This may involve the development of a large integrated retail/office facility on land both in the Project Area and the existing Central Business District. ' I e. Strengthen the economic base of the Project Area and the community by installing needed site and off-site improvements. f. Provide adequate land for parking and open spaces. g. Establish and implement performance criteria to assure high site design standards and environmental quality and I other design elements which provide unity and integrity to the entire Project. h. Provide opportunitles for participation by owners and tenants in ti•c revitalization of their properties. i . The western half of the Project Area is slated for the development of either a new hotel or high-density residential . j. Assist in the provision of an appropriate storm drainage system to deal with periodic street flooding caused by heavy rains. These improvements would be installed in conjunction with new development. Section' 2. The Council hereby finds and determines that: a. The Project Area is a blighted area, the redevelopment 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 characterize the Project Area: 1 . The existence of unfit or ,unsafe buildings and structures due to age, obsolescence, ior 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 and gutters, which cannot be remedied with private or governmental action without redevelopment; 3. The existence of properties which suffer from economic dislocation, deterioration and disuse resulting from faulty planning; 4. 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 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 redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public I improvements and facilities required to -correct the blighting , conditions are beyond the capacity of the City and cannot be undertaken or borne by private enterprise, acting alone or in concert with available governmental action. 5. The lack of drainage facilities pursuant to the Riverside County Flood Control District Master Plan of Drainage results in a condition loy which the Project Area is prone to flooding from storm water runoff. This condition cannot be remedied with private or governmental action without redevelopment, resulting in the disuse and underutilization of property in the Project Area. 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 redevelopment 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 Agency can demonstrate that it has adequate revenue to finance the activity and the Agency' s Report to Council pursuant to Health & Safety Code Section 33352 further demonstrates the economic soundness and feasibility of the Redevelopment I Plan. 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 Redevelopment 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 physcial 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 I 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. 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 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 Section 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• needs of the City as a whole, for the redevelopment of such area by private enterprise. I . . The Redevelopment Plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the Redevelopment Plan, and it provides for the retention I of controls and the establishment of restrictions 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. in. Pursuant to Section 33445 of the Health & Safety Code, certain flood control projects, namely Line 158 and Line 16A of the Riverside County Flood Control District Master Plan of Drainage, outside of the Project Area are included in the list of required public improvements. These improvements are included since: 1 ) such facilities are of benefit to the Project Area and iimnediate neighborhood; and 2) no other reasonable means of financing such facilities are available to the community. 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 displacement. 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 revenue 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 "Redevelopment Plan for the Oasis 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, Plain for the Oasis Redevelopment Project." i 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 I 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 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 that 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 body 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, published 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 1 Redevelopment Plan, and this Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted. ADOPTED this loth day of July 1984. AYES: Councilmembers Birer, Foster, Maryanov and Smith NOES: None ABSENT: Mayor Bogert , ATTEST: CITY :OF PALM SPRINGS, CA ORNIA 15 B City Clerk Mayor REVIEWED & APPROVED IJ1 I HEREBY CERTIFY that the foregoing Ordinance 1224 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the loth day of July, 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation on July 18, 1984. 9� PU�DI�THSUMICH City Clerk ORDINANCE NO. 1225 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO REGULATE ESCORTS, AND ESCORT BUREAUS. THE CITY COUNCIL OF THE CITY OF PALM SPRINIGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. There is hereby added to the Palm Springs Municipal Code Chapter 5.42 to read as follows: CHAPTER 5.42 ESCORTS AND ESCORT BUREAUS 5.42.010 Citation. This chapter may be cited as the Palm Springs Escort Ordinance. 5.42.020 Purpose and Intent. It is the purpose and intent of this chapter to provide for the orderly re<aulation of escorts and escort bureaus including escort bureaus which operate as introductory services, in the City of Palm Springs by establishing certain minimum standards for the conduct of this type of business, which standards will protect the public health and welfare of the City of Palm Springs. 5.42.030 Definitions. For purposes of this chapter the following words and phrases shall have the meaning respectively ascribed to them by this section. (a) Escort. Any person who, for pecuniary compensation escorts, accompanies or consorts with another person in or about any public or private place within the City of Palm Springs. (b) Escort Bureau. Any person, business or agency which for pecuniary compensation furnishes or offers to furnish escorts within the City of Palm Springs, or which offers to aid persons to become socially acquainted with or to otherwise assist persons to meet for social purposes. (c) Pecuniary compensation means, any commission, fee, gratuity, hire, profit, reward or other form of consideration, exclusive of meals, drinks or items having a retail value of less than $30 which are usually provided or exchanged in ordinary social intercourse. (d) Person. Both the singular and the plural of either sex. The term "person" shall include person, individual , firm, corporation, co- partnership, association, club, society or any other organization. (e) Police. The Police Department of the City of Palm Springs. (f) Specified sexual activities means and includes any of the following: 1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; or 3. Masturbation, actual or simulated. 5.42.040 License or Permit Re uired. a Escort Bureau License. No person shall engage in or carry out the business of escort bureau in the City of Palm Springs unless such person has a valid escort bureau license issued by the City pursuant to the provisions of this Chapter for each and every separate office or place of business conducted by such person. Said license shall be in addition to the business license required by Palm Springs Municipal Code, Section 3.48.010. (b) Escort permit required. No person shall do business as an escort in the City of Palm Springs unless such person has in his or her possession a valid escort permit issued by the City pursuant to the provisions of this Chapter. 5.42.050 Application for Escort Bureau License. Every applicant for a license to maintain, operate or conduct an escort bureau shall file an application under oath with the City Business License Collector upon a form provided by said Collector and pay a nonrefundable annual license fee in such Ord. No. 1225 Page 2 amount as established by resolution of the City Council . The application, once accepted, shall be referred to the Chief of Police for investigation of the applicant' s character. Each application shall contain the following information: (a) The location, mailing address and all telephone numbers where the business is to be conducted; (b) The name and residence address of each applicant; (1) If applicant is a corporation, the names and residence addresses of each of the officers and directors of said corporation and of each stockholder holding more than 10 percent of the stock of the corporation, and the address of the corporation itself, if different from the address of the escort bureau; (2) If applicant is a partnership, the names and addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the escort bureau; (c) The two previous addresses immediately prior to the present address of the applicant; (d) Proof that the applicant is at least 18 years of age; (e) Individual or partnership applicants height, weight, sex, color of eyes and hair; (f) Copy of identification such as driver' s license or identifi- cation issued by the Department of Motor Vehicles; (g) One portrait photograph of the applicant at least two inches by two inches and a complete set of applicant's fingerprints which shall be taken by the Chief of Police or his agent. If the applicant is a corporation, one portrait photograph at least two inches by two inches of each officer and managing agent of said corporation and a complete set of fingerprints of each officer and agent which shall be taken by the Chief of Police or his agent. If the applicant is a partnership, one front face portrait photograph at least two inches by two inches in size of each partner including limited partners in said partnership and a complete set of fingerprints of each partner or limited partner which shall be taken by the Chief of Police of his agent; (h) Business, occupation or employment of the applicant for the three years immediately preceding the date of application; (i ) If the applicant has ever had a business license revoked or suspended, the reason therefor and the business activity or occupation subsequent to such action of suspension or revocation; (j) All criminal convictions other than minor traffic violations including dates of convictions, the charges leading to the conviction and the court where the conviction was rendered; (k) The name and address of each escort who is or will be employed or associated with said escort bureau; (1 ) The name and address of any escort bureau or similar business owned or operated by any person whose name is required to be stated in subsection (b) wherein the business of escort or escort bureau is carried on; (m) A description of any other business to be operated on the same premise or on joint premises owned or controlled by the applicant; (n) Authorization for the City, or its agents or employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license; (o) Such other identification and information necessary to dis- cover the truth of the matters required to be set forth in this application; (p) The names, current addresses and written statements of at least three bona fide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the City, then the County, then the State of California, and lastly from the rest of the United States. These references must be persons other than relatives or business associates. Upon the completion of the above provided form and the furnishing of all required information, the Business License Collector shall accept the application for the necessary investigations. The holder of an escort bureau license shall notify the Business License Collector of each change in any of the data required to be furnished by this section within ten days after such change occurs. Ord. No. 1225 Page 3 5.42.060. Application for escort permit. Application for escort permit shall be made to the Business License Collector in the same manner as above provided for escort bureau licenses, accompanied by the annual non-refundable escort permit fee in such amount as established by resolution of the City Council . Escorts who have already paid the permit fee for the current period shall not be required to pay an additional fee hereunder. The application shall contain but not be limited to the following: (a) The name, address and telephone number of the escort bureau with which the escort is to be associated; (b) Name and residence address and all names, nicknames and aliases by which the applicant has ever been known, including the two previous addresses immediately prior to the present address of the applicant; (c) Social Security number, driver' s license number if any, and date of birth; (d) Applicant' s weight, height, sex, color of hair and eyes; (e) Written evidence that the applicant is at least 18 years of age; (f) A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local ordinance except minor traffic violations; (h) Two front face portrait photographs taken within 30 days of the date of application and at least 2" by 2" in size; (i) The escort or similar business history and experience of the applicant for the ten years prior to the date of application including but not limited to whether or not such person performed such service in another city or state under license or permit, if application for such license or permit has ever been denied, or if issued such license or permit has been revoked or suspended and the reasons therefor; (j) The names, current addresses and written statements of at least three bona fide permanent residents, other than relatives, of the United States, that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the city, then the County, then the State of California, and lastly from the rest of the United States; (k) A medical certificate signed by a physician licensed to practice in the State of California within seven days of the date of applica- tion. The certificate shall state that the applicant was examined by the certifying physician and that the applicant is free of communicable disease. The additional information required by this sub-section shall be provided at the applicant's expense; (1) Such other information, identification and physical examina- tion of the person deemed necessary by the Police Chief in order to discover the truth of the matters herein required; (m) Authorization for the City, or its agents or employees, to seek information and conduct an investigation into the truth of the statements set forth in the application; (n) Written declarations by the applicant under penalty of perjury that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the City. 5.42.070 Issuance of License for escort bureau or permit for escort. The City of Palm Springs shall issue a license for an escort bureau or a permit for an escort if all requirements for an escort bureau license or escort permit described in this chapter are met unless it finds: (a) The correct permit or license fee has not been tendered to the City and, in the case of a check or bank draft, honored with payment upon presentation; (b) The applicant, if an individual , or any of the stockholders holding more than 10% of the stock of the corporation, or any of the partners, or the manager or other person principally in charge of the operation of the business, have been convicted of any of the following offenses or convicted of an offense without the State of California that would have constituted any of the following offenses if committed within the State of California: (1) An offense involving the use of force and violence upon the person of another that amounts to a felony; (2) An offense involving sexual misconduct; Ord. No. 1225 Page 1 (3) An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony. The City of Palm Springs may issue a license for a permit to any person convicted of any of the crimes described in (1) , (2) or (3) of this sub-section if it finds that such conviction occurred at least five years prior to the date of the application I and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for any crime mentioned in this subsec- tion (b) ; (c) The applicant has knowingly made any false, misleading, or fraudulent statements of fact in the permit application or in any document required by the City in conjunction therewith; (d) The applicant has had an escort bureau, escort, or other similar permit or license denied, revoked, or suspended by the city or any other state or local agency within five ,years prior to the date of the applica- tion; (e) The applicant, if an individual , or any of the officers and directors, if the applicant is a corporation, or any of the partners, includ- ing limited partners, if the application is a partnership, and the manager or other person principally in charge of the operation of the business, is not over the age of 18 years; 5.42.080 Approval or denial of application. The City of Palm Springs shall act to approve or deny an application for a license or permit under this chapter within a reasonable period of time and in no event shall the City of Palm Springs act to approve or deny said license or permit later than 90 days from the date said application was accepted by the Business License Collector. Every license or permit issued pursuant to this chapter will terminate at the expiration of one year from date of its issuance unless I sooner suspended or revoked. 5.42.090 Multiple escort bureau locations. Should any escort bureau have more than one location where the escort business is pursued then a license stating both the address of the principal place of business and of the other business locations shall be issued by the Business License Collector for each location upon the tender of the license fee. Licenses issued for other locations shall terminate on the same date as that of the principal place of business regardless of the date of issue. 5.42.100 Posting of permit or license. a Every escort shall post a copy of the permit required by this chapter in the office of the escort bureau with which the escort is associated. (b) Every person, corporation, partnership or association licensed under this chapter as an escort bureau shall display such license in a prominent place in its place of business. 5.42.110 Register of employees and associates. The licensee or person designated by the licensee of an escort bureau shall maintain a register of all persons employed or associated therewith as escorts together with their permit numbers. Such register shall be available at the escort bureau to representatives of the City of Palm Spring during regular business hours. I 5.42.120 Revocation or suspension of license. Any license issued for a escort bureau may be revoked or suspended by the City of Palm Springs after notice and a hearing for good cause or in any case where any of the pro- visions of this chapter are violated or where any employee or associate of the licensee is engaged in any conduct which violates any of the state or local laws or ordinances or provisions of this chapter while engaged in the escort business. Such revocation proceedings shall be conducted as prescribed by Section 5.72.030 of the Palm Springs Municipal Code. 5.42. 130 Revocation of escort permit. An escort permit issued by the Business License Collector shall be revoked or suspended where it appears that the escort has been convicted of any offense which would be cause for denial of a permit upon an original application, has made a false statement on Ord. No. 1225 Page 5 an application for a permit, or has committed an act in violation of this chapter. Such revocation proceedings shall be conducted as prescribed by Section 5.72.030 of the Palm Springs Municipal Code. 5.42.140 Unlawful acts. I a It shall be unlawful for an escort bureau to employ or associate with itself as an escort any person under 18 years of age. (b) It shall be unlawful for any escort bureau to furnish any escort to or accept employment from any patron, customer or person to be escorted who is under 18 years of age except at the special instance and request of a parent, guardian or other person in lawful custody of the person upon whose behalf the escort service is engaged. (c) It shall be unlawful for any person to escort, offer to escort or perform any activity described in this chapter to any person under 18 years of age except at the special instance and request of the parent, guardian or other person in lawful custody of the person on whose behalf the escort is engaged. (d) It shall be unlawful for any person to accept employment or arrange employment of another as a escort with the intention of engaging in any specified sexual activity whether or not additional consideration is offered, demanded or received therefor. (e) It shall be unlawful for any person to be an escort unless such person is employed by, or associated with, a licenced escort bureau. (f) It shall be unlawful for any person to escort, offer to escort or perform any activity described in this chapter except as directed by the escort bureau with which said person is employed or associated. 5.42.150 Relocation or change in licensee status. If an escort bureau is moved to a different location, or if there is a change in the I licensee such that the information required for the license application is no longer complete or accurate, the license therefor shall become null and void, except that such license may be reissued as provided in Section 5.42.070, pro- vided however, that upon the death or incapacity of the licensee or any co- licensee of the escort bureau, any heir or devisee of a deceased licensee, or any guardian of an heir or devisee of a deceased licensee, may continue the business of the escort bureau for a reasonable period of time not to exceed 60 days to allow a reasonable time for application to reissue the license. 5.42.160 Violation and penalty. Any person who acts as an escort or who operates an escort bureau, as these terms are defined in this chapter, without first having obtained a license or permit therefor and having paid the necessary fee or who shall violate any provisions of this chapter shall be guilty of a misdemeanor and upon conviction such person shall be punished by a fine not to exceed $1,000.00 or by imprisonment; for a period not to exceed six months or by both such fine and imprisonment. 5.42.170 Declaration of public nuisance. Any violation of this chapter of the Palm Springs Municipal Code is hereby declared to be a public nuisance. 5.42.180 Applicability to existing persons and businesses. The provisions of this chapter of the Palm Springs Municipal Code shall be applic- able to all persons and businesses described herein whether the herein described activities were established before or after the effective date of I the ordinance enacting this chapter into law. All such persons and businesses shall comply with the provisions of this chapter within 60 days from the date which the ordinance that establishes this chapter becomes effective. 5.42.190 Separability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. Ord. No. 1225 Page 6 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 l9th day of September , 1984. AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None AATTTESST: CITY OF PALM SPRINGS, CALIFORNI B( City Clerk Mayo REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1225 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 19th day of September, 1984, and that a summary of same was published in THE DESERT SUN, a newspaper of general circulation, on the loth and 26th days of September, 1984. JUDITH SUMICH ICity Clerk r WP/CC ORD 2 ORDINANCE NO. 1226 AN ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE BY ADDING CHAPTER 2 . 05 AND AMENDING VARIOUS SECTIONS OF PALM SPRINGS MUNICIPAL CODE, I SIGN ORDINANCE AND ZONING ORDINANCE RELATING TO APPEAL PROCEDURES . THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2. 05 is hereby added to the Palm Springs Municipal Code, to read as follows : Chapter 2 . 05 Appeal to City Council 2 . 05 . 010 Exclusive Procedure. All appeals to the City Council otherwise allowed by the Palm Springs Municipal Code or other ordinance shall be prosecuted in accordance with this Chapter. 2 . 05. 020 Definitions . For purposes of this Chapter: (a) "Aggrieved person" means (1) Any applicant who has been denied a permit or license or who has been granted a permit or license subject to conditions by any administrative officer or agency of the City, where such denial or grant is otherwise appealable; or (2) Any person who was entitled to notice of the applica- tion by another for a permit or license, whether or not such notice was actually given, and who is dissatisfied that the permit or license was granted with or without conditions, where such grant is otherwise appealable; or (3) Any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from. (b) "Administrative agency means an organ of the City government other than the City Council which affects the rights of private parties through adjudication or rulemaking. (c) Administrative officer" means an officer of the City who is not a member of the legislative body or appointed boards or commissions. Such officers include but are not limited to the City Manager, Chief of Police, Director of I Transportation and Director of Community Development. (d) "Appellant" means an aggrieved person directly affected by an action, who files an appeal. (e) "Intervenor" means a person aggrieved by the grant of a permit or license to another, or who was entitled by law to notice of the action taken, who Seeks to be heard concerning such person ' s interest in an appeal. (f) "Respondent" means the administrative officer or agency which took the action appealed from, and any other adminis- trative officer or agency named as respondent in an appeal. Ord. No. 1226 Page 2 2 . 05. 030 Filing of Appeal. A person aggrieved by an action taken by an administrative officer or administrative agency of the city may appeal the action to the city council, if the action is made appealable by applicable provision of the Palm Springs Municipal Code or other city ordinance, by filing with the City Clerk a written notice of appeal which I sets forth the appellant' s full name and mailing address , the specific action appealed from, the grounds for the appeal and the relief sought; and paying to the City Clerk such fee as the city council may establish by resolution. 2 . 05. 040 Time of Filing. The notice required by Section 2 . 05. 030 shall be filed no later than 10 days following the date of mailing to appellant of notice of the action from which the appeal is taken or, if there is no such mailing and/or none is required, no later than 15 days following the date of the action which is the subject of the appeal. The City Clerk shall furnish a copy of the appeal to the respon- dent within 5 days after filing. 2 . 05. 050 Time of Hearing; Notice. The City Clerk, upon receipt of the notice of appeal, shall set a time and place for the hearing of such appeal by the council . The appeal shall be heard no more than 45 days following the filing of the notice of appeal unless the parties waive such time limits. Notice of the time and place of hearing shall be mailed or otherwise delivered by the City Clerk to appellant, I respondent and all other persons, if any, to whom notice of the initial application or action was required, not less than 10 days prior to hearing. 2 . 05. 060 Answer and Cross-Appeal. Respondent is not required to file an answer to the appeal. If no answer is filed, every material allegation of the appeal is in issue. After an appeal has been initiated, a cross-appeal may be brought by any person who would otherwise have had stand- ing to appeal the subject action or decision. The cross- appellant shall file a written notice of cross-appeal with the City Clerk stating cross-appellant' s full name and mail- ing address, the specific action appealed from, the grounds for the cross-appeal and the relief sought. Such notice shall be filed no less than 5 days prior to hearing except for good cause shown to the satisfaction of the City Council. 2 . 05 . 070 Designation of Parties. (1) A person who is aggrieved by the denial to him of a permit or license or the grant to him of such permit or license with conditions, or whose personal or property right was the subject of the action appealed from, shall be designated "appellant. " (2) A person who is aggrieved by the grant with or without conditions of a permit or license to another, or who I was entitled by law to receive notice of the application for permit or license whether or not such notice was actually given, shall be designated "intervenor" . (3) Unless the appeal names some other respondent, the administrative officer or administrative agency which took the action or made the decision appealed from shall be designated "respondent" . 2. 05. 080 Hearing by Council. At the time of hearing of the appeal by the city council, the appellant shall be limited in his presentation to the specific grounds for appeal set Ord. No. 1226 Page 3 forth in his notice of appeal and shall have the burden of establishing cause why the action appealed from should be altered, reversed or modified. Pill parties shall have the right to be heard by the council either in person or by counsel. Technical rules of evidence shall not apply in proceedings under this Chapter. No party shall have the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the council. 2 . 05 . 090 Dismissal for Nonprosecution. If appellant fails to appear, either in person or by counsel, at the appointed time and place for hearing, such failure to appear shall constitute sufficient grounds for denial of the appeal. Such denial for nonprosecution shall not effect the right of a cross-appellant, if any, to proceed with a cross-appeal. 2 . 05. 100 Time for Decision; Effective When. The city council shall render its decision within 15 days following the conclusion of the hearing of the appeal. Upon finding good cause to do so, the City Council may extend the time for rendering its decision up to 90 days. The council by its decision may reverse, modify or affirm the administrative action taken. No later than 5 days following the rendering of the council ' s decision the City Clerk shall mail or otherwise deliver a copy of said decision to each party who appeared during the proceedings, or who requested to be furnished a copy of the decision. Failure of the City Clerk to mail or deliver a copy of the decision to each party or to any party shall not affect the finality or effectiveness of the decision. I The council ' s decision shall be final and effective at the final adjournment of the meeting at which the decision is rendered, except in those cases where the council is authorized to grant a rehearing, in which case the council ' s decision shall be final and effective (a) when the time to petition for rehearing has expired without the filing of a petition for rehearing, or (b) upon the denial of a petition for rehearing. 2 . 05 . 110 Reconsideration. Without granting a rehearing, the city council may reopen and reconsider a decision at any time before the decision becomes final. A motion to recon- sider may be made only by a member of the city council who voted in favor of the decision. 2 . 05. 120 Rehearing. In those cases where the effect of a decision on appeal is to deny a permit or entitlement, an appellant may apply for a rehearing by filing with the City Clerk and serving upon the other parties , within 15 days of the date when the decision was rendered, a petition therefor. Within 30 days after the filing of such petition, the Council shall grant or deny the petition , in whole or in part. Fail- ure to act within the 30 day limit shall constitute denial of the petition. I SECTION 2. Section 3 . 24. 130 of the Palm Springs Municipal Code is hereby amended to read as follows : " 3 . 24. 130 Appeal. Any operator aggrieved by any decision of the tax administrator with respect to the amount of any tax, interest or penalties, if any, may appeal to the city council in the manner provided in Chapter 2 . 05 of this code. When the decision of the city council. becomes final, any amount found to be due shall be immediately due and payable. " SECTION 3 . Section 3 . 68 . 010 of the Palm Springs Municipal Code is hereby amended to read as follows : Ord. No. 1226 Page 4 "3 . 68. 010 Appeal Procedure. Any person aggrieved by any decision of the collector with respect to the issuance or application for issuance of any license hereunder may appeal to the city council in the manner provided in Chapter 2 . 05 of this code. " I SECTION 4. Section 5 . 02 . 110 of the Palm Springs Municipal Code is hereby amended to read as follows : "5 . 02 . 110 Appeals . Any person aggrieved by any action of the City Manager or his designee in administering the pro- visions of this chapter may appeal such action to the city council in the manner provided by Chapter 2 . 05 of this code. " SECTION 5 . Section 5. 12 . 300 of the Palm Springs Municipal Code is hereby amended to read as follows : "5. 12. 300 Appeals. Any person aggrieved by any decision of the City Manager with respect to denial or issuance of any permit, conditions attached thereto, or any other admini- strative action taken pursuant to the terms of this chapter, may appeal to the city council in the manner provided by Chapter 2 . 05 of this code. " SECTION 6 . Section 5 . 32 . 250 of the Palm Springs Municipal Code is hereby amended to read as follows : "5 . 32 . 250 Appeals . Any person aggrieved by any action of any administrative official pursuant to this chapter may I appeal to the city council in the manner provided by Chapter 2. 05 of this code. " SECTION 7 . Section 5. 38. 100 of the Palm Springs Municipal Code is hereby amended to read as follows : "5. 38 . 100 Appeals . Any person aggrieved by any action of the City Manager or his designee in administering the pro- visions of this chapter may appeal to the city council in the manner provided by Chapter 2. 05 of this code. " SECTION 8 . Section 5. 48. 070 of the Palm Springs Municipal Code is hereby amended to read as follows : "5. 48. 070 Appeal. Any person aggrieved by the action of the Chief of Police or the City Clerk in the denial of a license may appeal to the City Council in the manner provided SECTION 9 . Section 5. 52 . 045 is hereby added to the Palm Springs Municipal Code to read as follows : "5. 52. 045 Appeal Procedure. Any appeal pursuant to Section 5 . 52. 020, 5. 52 . 030 or 5. 52 . 040 shall follow the procedure provided by Chapter 2. 05 of this code. " SECTION 10. Section 5 . 60 . 340 of the Palm Springs Municipal Code is hereby amended to read, as follows: "5 . 60. 340 Appeals. Any person aggrieved by any decision of the City Manager with respect to denial or issuance of any permit, conditions attached thereto, or any other administra- tive action taken pursuant to this Chapter, may appeal to the city council in the manner provided by Chapter 2. 05 of this code. " Ord. No. 1226 Page 5 SECTION 11. Section 5. 64 . 065 is hereby added to the Palm Springs Municipal Code to read as follows: " 5. 64. 065 Appeal Procedure. Any appeal pursuant to Section 5. 64 . 060 shall follow the procedure provided by Chapter 2 . 05 of this code. " SECTION 12. Section 6. 04 . 232 of the Palm Springs Municipal Code is hereby amended to read as follows : " 6. 04. 232 Disputes--Appeal. In any case where a dis- pute arises as to the rate charged or to be charged for any service provided for in this Chapter, or with regard to any matter concerning obligations or responsibilities of the contractor under his franchise or contract, the matter may be referred to the Director of Transportation and Operations or his authorized representative„ who, upon due investiga- tion, shall resolve such dispute„ Any person aggrieved by the decision of the Director of Transportation may appeal to the city council in the manner provided by Chapter 2 . 05 of this code. " SECTION 13 . Section 6. 07 . 090 of the Palm Springs Municipal Code is hereby amended to read as follows : " 6. 07. 090 Appeal. Any person whose application for a food worker' s certificate is denied, or whose certificate is :revoked by the health officer,, may appeal such action to the city council in the manner provided by Chapter 2 . 05 of this code. " SECTION 14. Section 8. 05 . 230 of the Palm Springs Municipal Code is I herei,y amended to read as follows : " 8 . 05. 230 Appeal. Any person aggrieved by an action of the Historic Site Preservation Board may appeal the decision to the city council in the manner provided by Chapter 2 . 05 of this code. " SECTION 15. Section 9. 63 . 090 of the Palm Springs Municipal Code is hereby amended to read as follows : "9. 63 . 090 Appeals. Any person aggrieved by an action or decision by any administrative agency or administrative officer pertaining to matters covered by this title may appeal the action or decision to the city council in the manner provided by Section 2. 05 of this code . " SECTION 16. Section 11. 13. 150 of the Palm Springs Municipal Code is hereby amended to read as follows : "11. 13 . 150 Appeals. Any person aggrieved by any action of the City Manager in administering the provisions of this Chapter may appeal to the city council in the manner provided by Chapter 2. 05 of this code. " I SECTION 17 . Section 11. 20 . 200 of the Palm Springs Municipal Code is hereby amended to read as follows : "11. 20. 200 Appeal from revocation of certificate. The holder of a certificate revoked pursuant to Section 11 . 20 . 190 may appeal such revocation to the city council in the manner provided in Chapter 2 . 05 of this code. " SECTION 18. Section 11. 20. 210 of the Palm Springs Municipal Code is hereby repealed. Ord. No. 1226 Page 6 SECTION 19. Section 11. 24. 090 of the Palm Springs Municipal Code is hereby amended to read as follows: "11. 24. 090 Appeals--resubmittals--late applications. (a) Any person aggrieved by any decision of the City Manager relating to the issuance or denial of a parade permit may appeal to the city council in the manner provided by Chapter 2. 05 of this code. (b) If a permit for a parade is denied on the basis , in whole or in part, of the date, hour or route of travel, the appli- cant may submit a new request proposing alternate dates , hours or routes of travel. (c) The city council may also directly consider any application for permit to conduct a parade which is not filed within the time limits prescribed herein if placed upon the council agenda by a council member. In such a case, the city council shall apply the criteria set forth in Sections 11. 24 . 070 and 11. 24 . 080. " SECTION 20 . Section 11. 72. 220 of the Palm Springs Municipal Code is hereby amended to read as follows : " 11. 72 . 220 Appeal and hearing. The owner or person occupying or controlling a lot or premises affected by a 'NOTICE OF PUBLIC NUISANCE' may appeal to the city council in the manner provided in Chapter 2. 05 of this code. " SECTION 21, Section 11. 10. 130 of the Palm Springs Municipal Code is hereby amended to read as follows : "11. 80. 130 Appeal to city council. Any interested party may appeal the decision of the administrative board to the city council in the manner provided by Chapter 2 . 05 of this code. The city clerk shall give written notice of the time and place of hearing to the appellant and those persons specified in Sections 11. 80. 060 and 11. 80. 070 . " SECTION 22 . Section 11. 80. 140 of the Palm Springs Municipal Code is hereby repealed. SECTION 23 . Section 14 . 16 . 510 of the Palm Springs Municipal Code is hereby amended to read as follows : "14. 16 . 510 Appeal. Any person aggrieved by the action of any administrative official under this Chapter may appeal such decision to the city council in the manner provided in Chapter 2. 05 of this code. " SECTION 24. Section 14.16. 520 and Section 14 . 16. 530 of the Palm Springs Municipal Code are hereby repealed. SECTION 25. Section 8130. 06 of the Palm Springs Sign Ordinance is I hereby amended to read as follows : " 8130 . 06 PERMIT REQUIREMENT. The Director of Community Development or his authorized representative shall remove or order the immediate removal of any sign for which a permit has not been obtained as required by Section 8130. 02 of this code, provided, however, that the owner or user of said sign shall have the right to appeal the removal or order to remove to the city council in the manner provided by Chapter 2. 05 of the Palm Springs Municipal Code. " SECTION 26. Section 8170 . 21 of the Palm Springs Sign Ordinance is hereby amended to read as follows : Ord. No. 1226 Page 7 " 8170 . 21 DENIAL OF VARIANCE--APPEAL. Denial of a sign ordinance variance may be appealed to the city council in the manner provided by Chapter 2 . 05 of the Palm Springs Municipal Code. " SECTION 27 . Section 8170. 22 of the Palm Springs Sign Ordinance is hereby repealed. SECTION 28. Section 9314 . 04 of the Palm Springs Zoning Ordinance is hereby amended to read as follows : "Section 9314 . 01 Appeals. Any decision of the Director hereunder may be appealed to the Planning Commission following the procedure prescribed in Section 9402 . 00 D. Any decision of the Planning Commission hereunder may be appealed to the city council according to the procedure provided by Chapter 2 . 05 of the Palm Springs Municipal Code. " SECTION 29. Section 9315. 00 F of the Palm Springs Zoning Ordinance is amended to read as follows : "Section 9315. 00 Use or occupancy of land on a ' time-share' basis. F. Appeals. Any decision of the Planning Commission on such conditional use permit may be appealed to the City council in the manner provided by Chapter 2 . 05 of the Palm Springs Municipal Code. " SECTION 30 . Section 9402 . 00 D of the Palm Springs Zoning Ordinance is hereby amended to read as follows : "Section 9402. 00. Conditional use permit. D. Appeal. The granting or denial of a conditional use permit pursuant to Section 94.02 . 00 A 1 (uses listed in the zones as 'uses permitted subject to conditional use permit' ) may be appealed to the city council in the manner provided by Chapter 2. 05 of the Palm Springs Municipal Code. " SECTION 31. Section 9404 . 064 of the Palm Springs Zoning Ordinance is hereby amended to read as follows : " 9404. 064 . The decision of the Planning Commission is final unless appealed to the city council in the manner pro- vided by Chapter 2 . 05 of the Palm Springs Muncipal Code. " SECTION 32 . Section 9405. 00 D of the Palm Springs Zoning Ordinance is hereby amended to read as follows : "Section 9405. 00 : Variances, D. Appeal. The decision of the Planning Commission I shall be final unless appealed to the city council in the manner provided by Chapter 2 . 05 of the Palm Springs Municipal Code. " SECTION 33. Section 9406 . 00 C of the Palm Springs Zoning Ordinance is hereby amended to read as follows : "Section 9406. 00 : Zoning Map amendment (change of zone) . C. Appeal. Any party aggrieved by a Planning Commission recommendation against an amendment to the official zoning map may appeal to the city council in the manner provided by Chapter 2 . 05 of the Palm Springs Municipal Code. " Ord . No 1226 Page 8 SECITION 34. Section 9410. 00 of the Palm Springs Zoning Ordinance is hereby amended to read as follows : "Section 9410. 00 Review by council member. Any member of the city council of the City of Palm Springs may initiate a review of any planning or zoning decision of the Planning I Commission not otherwise before said council by giving notice thereof to the city clerk within the time for filing of an appeal as prescribed by Section 2 . 05. 040 of the Palm Springs Municipal Code. Such notice of review shall be deemed the equivalent of the filing of a notice of appeal pursuant to Section 2. 05 . 030 of the Palm Springs Municipal Code. Except for the manner of initiating the proceeding, such city council review of a planning or zoning decision of the Planning Commission shall follow the procedure provided by Chapter 2 . 05 of the Palm Springs Municipal Code. " SECTION 35. Section 9410 . 01 of the Palm Springs Zoning Ordinance is hereby repealed. SECTION 36 . 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 l9th day of September r 1984 AYES : Councilmembers Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: Councilmember Birer ATTEST: CITY OF PALM SPRIN CALIFORNIA City Clerk /� r REVIEWED & APPROVED: A I HEREBY CERTIFY that the foregoing Ordinance 1226 was duly adopted by the City Council of the City of Palm Springs, California, at a meeting thereof held on the 19th day of September, 1984, and that a summary of same was published in THE DESERT SUN, a newspaper of general circultion, on the loth and 26th day of September, 1984. L / SUDITH SUMICH City Clerk I ORDINANCE NO. 1227 OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE NORTH PALM CANYON REDEVELOPMENT PROJECT. WHEREAS THE City Council of the City of Palm Springs has received from the Palm Springs Redevelopment Agency (the "Agency") the proposed Redevelopment Plan (the "Redevelopment Plan") for the North 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 8, Palm Springs, California, and at the office of the City Clerk, City Hall , 3200 E. Tahquitz-McCallum Way, Palm Springs, California, together with the Report of the Agency, including the reasons for the selection of the Project Area, a description of the physical , social and economic conditions existing in 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 recommendations of the Planning Commission of the City of Palm Springs (the "Planning Commission") , an environmental impact report on the Redevelopment Plan, the report of the County Fiscal Officer and the Agency's analysis thereof, and the report of the Fiscal Review Committee convened to consider the Project; 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 Redevelopment 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 September 5, 1984, on adoption of the Redevelopment Plan and on certification of the Final Environmental Impact Report on the Redevelopment Plan, in the City Council Chamber, City Hall , 3200 E. Tahquitz-McCallum Way, Palm Springs, California; and WHEREAS a notice of said hearing was duly and regularly 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 Redevelopment 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 WHEREAS the Project Area Committee reviewed and forwarded its recommendation for approval of the Redevelopment Plan on June 7, 1984; and WHEREAS the Council has general knowledge of the conditions existing in the Project Area and of the availability 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 housing conditions, has carefully considered and reviewed such programs 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 feasibility, the feasiblity of the relocation program and the Environmental Impact Report, has provided an opportunity for all persons I 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 Redevelopment 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 September 5, 1984 by Agency Resolution No. 244 and Council Resolution No. _ 15230. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS does 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. Eliminate environmental deficiencies in the Project Area, including, among others, incompatible and uneconomic land uses, irregularly shaped lots, obsolete and aged building types, deteriorated and inadequate public improvements. b. 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 vacant areas which are stagnant or improperly utilized. d. Strengthen retail and other commercial and residential functions in the Project Area. e. Strengthen the economic base of the Project Area and the community by installing needed site improvements to stimulate new commercial and residential development, employment and economic growth. f. Provide adequate land for parking and open spaces. g. Establish and implement performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project. h. The establishment of financial mechanism to assist in the upgrading and/or redevelopment of new commercial and residential facilities. ` i . Provide opportunities for participation by owners and tenants Iin the revitalization of their properties. j. The provision of necessary public improvements, including but not limited to flood control facilities and street improvements to correct existing deficiencies. Section 2. The Council hereby finds and determines that: a. The Project Area is a blighted area, the redevelopment 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 characterize 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 and gutters, which cannot be remedied with private or governmental action without redevelopment. 3. The existence of properties which suffer from economic dislocation, deterioration and disuse resulting from faulty planning. 4. 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 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 I 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 redevelopment would be insufficient to cause any significant correction 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 enterpise, acting alone or in concert with available governmental action. 5. The lack of drainage facilities pursuant to the Riverside County Flood Control District Master Plan of Drainage results in a condition by which the Project Area is prone to flooding from storm water runoff. This condition cannot be remedied with private or governmental action without redevelopment, resulting in the disuse and underutilization of property in the Project Area. 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 I welfare. This finding is based upon the fact that redevelopment, 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 find - 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 and the Agency's Report to Council pursuant to Health & Safety Code Section 33352 further demonstrates I the economic soundness and feasibility of the Redevelopment Plan. 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 Redevelopment 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 I 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. 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 accessible to their places of employment. lhis 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 Section 33670 of the Community Redevelopment Law without other I 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 I improvements and facilities. k. The Redevelopment Plan for the Project Area will afford the maxinum 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 safeguards 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 restrictions 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. m. Pursuant to Section 33445 of the Health & Safety Code, certain street improvements„ namely the crossover for the Indian Avenue/Palm Canyon one-way couplet, outside the Project Area are included in the list of public improvements. These improvements are included since: 1 ) such facilities are of benefit to the Project Area and immediate r neighborhood; and 2) no other reasonable means of financing I such facilities are available to the community. Section 3. The Council is satisfied that permanent housing facilities will lie 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 he 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 displacement, No persons or families of low or moderate income shall he displaced from residences unless I 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 revenue 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 G. That certain documents entitled "Redevelopment Plan for the North Palm Canyon 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 1 City Clerk, having been duly reviewed and considered, is hereby J{ 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 North Palm Canyon Redevelopment Project". 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, (h) 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 uppn proposals and measures designed to effectual .! the Redevelopment Plan, and (d) declares Its intention to undertake and complete any proceeding necessary to he carried out by the City under the provisions of the Redevelopment Plan. Section 8. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency whereupon Lite Agency is vested with the responsibility for carrying out the Redevelopment I Plan. Section.g. 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 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 body 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, published 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 Redevelopment Plan if such invalid portion thereof had been deleted. ADOPTED this 19th day of September 1984. AYES: Councilmembers Birer, Poster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIF IA B - City Clerk Mayor REVIEWED & APPROVED_J( I HEREBY CERTIFY that the foregoing Ordinance No. 1227 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the I 19th day of September, 1984, and that same was published in THE DESERT SUN, a news- paper of general circulation, on September 26th, 1984. f JUDITH SUMICH City Clerk ORDINANCE NO. 1228 WAS NOT USED I ORDINANCE NO. t229 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO ALLOW DRIVE-THROUGH FACILITIES ONLY AS A CONDITIONAL USE, AND TO ALLOW DRIVE- THROUGH RESTAURANTS AS A CONDITIONAL USE ONLY IN CERTAIN ZONES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. SECTION 9100.09A. DEFINITIONS, is hereby amended as follows: 143.5d. Drive-through restaurant shall mean any building which provides an outdoor service window where food and/or beverages may be obtained by the driver of a vehicle without leaving his vehicle and where consumption of the food and/or beverage obtained is primarily off the premises. A drive-through restaurant shall not mean a drive-in facility where consumption of food and/or beverages takes place primarily within the patron's vehicle on the premises. SECTION 2. SECTION 9216.01B. (C-1 Zone) , USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby amended as follows: 13. Restaurants with drive-through facilities. SECTION 3. SECTION 9217.01c. (C-1-AA Zone) , USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby amended as follows: 5. Drive-through facilities, unless otherwise prohibited. SECTION 4. SECTION 9219.01. (C-M Zone) , USES PERMITTED, is hereby amended as I follows: A. USES PERMITTED Building, structures, and land shall be used and buildings and struc- tures shall hereafter be erected, altered, or enlarged only for the following uses. All uses shall be subject; to the standards in Section 9219.03. All uses permitted in the C-1 and C-2 Zone! Districts. Automobile and truck sales, repair garages, re-upholster, all service and repair within an entirely enclosed building. Bakeries Blueprinting and photocopying Book binderies Building materials, new Catering Cleaning and dyeing establishments Contractor's yards, shops Frozen food lockers Household goods storage Ice Houses (no manufacturing) Laundry and linen service I Locksmith and saw filing Medical and dental laboratories Movie, television and radio studios Picture framing Plumbing shop Printing and publishing Restaurants, excluding drive-through facilities, and coffee shops Sheet metal shop Sign painting shops Taxidermist Trade schools ( industrial ) Ord. No. 1229 Page 2 Upholstery or mattress shop Video amusement machines as an accessory use subject to the provisions of Section 9316.00 Warehousing and wholesaling Woodworking and cabinet shop I C. USES PERMITTED BY CONDITIONAL USE PERMIT The following uses may be permitted subject to approval of Conditional Use Permit, as provided in Section 9402.00. Automobile service station (Restaurants with drive-through facilities SECTIONN S. SECTION 9220.01. (M-1-P Zone) , USES PERMITTED, is hereby amended as follows: A. USES PERMITTED 3. SERVICES Banks and financial institutions Blueprinting and photocopying Business and research office related to the administration and operation of the permitted industrial uses. Newspaper publishing Office, business and professional Off-street parking Printing, lithographing, publishing Radio and television broadcasting I Restaurants, excluding drive-through facilities C. USES PERMITTED BY CONDITIONAL USE PERMIT The following uses may be permitted subject to approval of a Conditional Use Permit, as provided in Section 9402.00. Automobile service station Animal hospital and shelter Mortuary Restaurants with drive-through facilities Uses listed in the M-1 Zone and not listed in this Zone unless otherwise prohibited. SECTION 6. SECTION 9221.01C. (M-1 Zone) , USES PERMITTED BY CONDITIONAL USE PERMIT, are hereby amended as follows: The following uses may be permitted subject to approval of a Conditional Use Permit, as provided in Section 9402.00. Junk yards and auto wrecking yards Truck and general freight terminals Planning Mill Manufacturing, processing, fabrication, and service uses, wholesaling and warehousing other than of uses as listed above in performance standards in Section 9221.03. . .with such modifications as the Commission and Council deem necessary Automobile service stations Animal hospitals and kennels Restaurants with drive-through facilities Ord. No. 1229 Page 3 SECTION 7. SECTION 9227.01B. (C-S-C Zone) , USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby amended as follows: If not approved as part of the original plan, the following ;uses may be permitted subject to further approval of a Conditional Use Permit, as provided in Section 9402.00. Such uses shall be designed integrally I with the center. Automobile service stations, limited to the dispensing of motor fuels and oils, lubrication, sales and service of tires, tubes, bat- teries, and other minor accessories. No major automotive repair shall be permitted, such as engine, radiator, transmission, or body repair. Bowling alleys, provided the bowling alley portion of the structure shall be suitably sound-proofed and alleys mounted on suitable structures to prevent transmission of noise and vibration. Junior department stores, not exceeding 100,000 ft. of gross floor area, provided the shopping center site shall contain thirty (30) gross acres. Restaurants, including those with drive-through facilities and cocktail lounges. Roller skating facility (no liquor may be sold or served on the premises) . Theaters. SECTION 8. SECTION 9229.00 (C-B-D Zone) is hereby amended as follows: SECTION 9229.01 USES PERMITTED I C. USES PERMITTED BY CONDITIONAL USE PERMIT Automobile parking lots and structures as a main use 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 Financial institutions with drive-through facilities 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 SECTION 9229.02 USES PROHIBITED All uses and structures note permitted in Section 9229.01 are here I deemed to be specifically prohibited. The following classification of uses shall not be permitted in this Zone by Planning Commission determination: Adult book stores, movies and entertainment establishments Auction galleries Automobile service stations other than those permitted in Section 9229.01 Billiard parlors. Cleaning establishments with cleaning plants on the premises. Convenience food and sundries stores Ord. No. 1229 Page 4 Dog kennels and catteries Drive-in and drive-through facilities, except financial institutions. Industrial uses and manufacturing Massage parlors except in conjunction with resort hotel Motor scooter, motorbike and motorcycle rentals and sales, both as a primary and secondary use Pawn shops Pinball machines, shooting galleries and electronic games as primary uses Self-service laundries Single-family residence Supermarkets Tattoo parlors Upholstery shops Walkaway foods unless specifically permitted Wholesaling and warehousing SECTION 9. SECTION 9301.02. (GENERAL CONDITIONS) , DRIVE-THROUGH FACILITIES, is hereby added as follows: A. Definition. For the purpose of this section, a drive-through facility is any build- ing which provides an outdoor service window where a service or retail transaction may be conducted by the driver of a vehicle without leaving the vehicle. 1 B. Conditional Use Permit Required A drive-through facility shall be permissible in any commercial , indus- trial , or planned development district in conjunction with the uses permitted in said districts, unless such facility is expressly pro- hibited. A Conditional Use Permit shall be required in accordance with Section 9402.00 for any drive-through facility. SECTION 10. SECTION 9306.00018. (OFF-STREET PARKING) , Drive-through Facili- ties, is hereby added as follows: Such facilities shall conform to the following regulations. Exceptions to these regulations may be permitted by the Planning Commission when existing on- or• off-site conditions warrant alternative design solutions. 1) Safe on- and off-site traffic and pedestrian circulation. This includes traffic patterns which do not conflict with entering or exiting traffic to the site, parking habits, or pedestrian movements. 2) Each service window or machine shall provide a minimum of seven tandem standing spaces inclusive of the vehicle being serviced. Said standing spaces shall not extend into the public right-of-way nor interfere with I any internal circulation patterns. Vehicles at service windows or machines shall be provided with a shade structure. 3) An integrated design of the drive-through facility with an existing or proposed structure shall include roof lines, building materials, signage and landscaping. 4) Sensitivity to abutting properties and public rights-of-way are encour- aged through the proper use and placement of amplification equipment, lighting and visibility of the drive-through facility. The service window(s) shall be adequately screened from public view. Ord. No. 1229 Page 5 SECTION 11. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) clays 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 or a summary thereof or a display advertisement, duly prepared according to law, to be I published in accordance with law. ADOPTED this 71-h day of Nn zanber 1984. AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PALM SPRING`.i, CALIFO A B ' r City Clerk a or REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance No. 1229 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 7th day of November, 1984, and that a summary of same was published in THE DESERT SUN, a newspaper of general circulation, on the 6th and 21st days of November, 1984. �a' ITH SUMICH City Clerk I I WP/CC ORD ORDINANCE NO. 1230 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO ALLOW DAY CARE FACILITIES BY CONDITIONAL USE PERMIT IN CERTAIN ZONES AND BY LAND USE PERMIT IN CERTAIN ZONES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. SECTION 9100.09. DEFINITIONS, is hereby amended to add the following definitions: 32a. Child Care Center shall mean any establishment, activity or use of a site providing group day-care services (less than 24 hours) for children other than those resident on-site including a day nursery, play group, after-school group, pre-school group or kinder college. 49a. Da Care, small, shall mean regularly provided care and super- vision of six 6) or fewer children in the provider's own home for periods of less than 24 hours. The total number of children shall include those that reside at the home. 491. Day Care, large, shall mean regularly provided care and super- vision of seven (7) to twelve (12) children, inclusive, in the provider's own home including those that reside at the home. 125a. Nursery School , shall mean Child Care Center. I SECTION 2. 9203.01.A.4 (R-1-AH) USES PERMITTED, is hereby amended to read as follows: 4. Day Care, small , pursuant to Sections 9314.00 et. seq. SECTION 3. SECTION 9203.01.C.6. (R-1-AH) USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby deleted. SECTION 4. SECTION 9203.01.C.7. (R-1-AH) , USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby renumbered as: 9203.01.C.6. SECTION 5. SECTION 9203.01 (R-1-AH) USES PERMITTED, is hereby amended with the addition of Subsection D which reads as follows: D. USES PERMITTED BY LAND USE PERMIT I. Day Care Large. SECTION 6. SECTION 9204.0l.A.3. (R-1-A) USES PERMITTED, is hereby amended to read as follows: 3. Day Care, small , pursuant to Section 9314.00 et. seq. I SECTION 7. SECTION 9204.01.C.6. (R-1-A) USES PERMITTED BY CONDITIONAL USE PERMIT., is hereby deleted . SECTION 8. 9204.0l.C.7. (R-1-A) , USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby renumbered as follows: 9204.01.C.6. SECTION 9. 9204.01. (R-1-A) , USES PERMITTED, is hereby amended with the addi- tion of' Subsection D which reads as follows: D. USES PERMITTED BY LAND USE PERMIT. 1. Day Care, Large. Ordinance 1230 SECTION 10. 9205.01.A.3. (R-1-B) , USES PERMITTED, is hereby amended to read as follows: 3. Day Care, Small , pursuant to Section 9314.00 et. seq. SECTION 11. 9205.01.C.6 (R-1-B) , USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby deleted. SECTION 12. 9205.01.C.7. (R-1-B) , USES PERMITTED BY CONDITIONAL USE PERMIT, I is hereby renumbered as follows: 9205.01.C.6. SECTION 13. SECTION 9205.01. (R-1-B) USES PERMITTED, is hereby amended with the addition of Subsection D which reads as follows: D. USES PERMITTED BY LAND USE PERMIT 1. Day Care, Large. SECTION 14. SECTION 9206.01.A.3. (R-1-C) USES PERMITTED, is hereby amended to read as follows: 3. Day Care, Small, pursuant to Section 9314.00 et. seq. SECTION 15. SECTION 9206.01.C.6. (R-1-C) USES PERMITTED BY CONDITIONAL USE PERMIT is hereby deleted . SECTION 16. SECTION 9206.01.C.7. (R-1-C) USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby renumbered as follows: 9206.101.C.6. SECTION 17. SECTION 9206.01.C.8. (R-1-C) USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby renumbered as follows: 9206.101.C.7. SECTION 18. SECTION 9206.01 (R-1-C) USES PERMITTED, is hereby amended with the addition of Subsection D which reads as follows: D. USES PERMITTED BY LAND USE PERMIT 1. Day Care, Large. SECTION 19. SECTION 9207.01.A.3. (R-1-D) USES PERMITTED, is hereby amended to read as follows: 3. Day Care, small pursuant to Section 9214.00 et. seq. SECTION 20. 9207.01.C.5. (R-1-D) USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby deleted. SECTION 21. SECTION 9207.01.C.6. (R-1-D) USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby renumbered as follows: 9207.01.C.5. SECTION 22. SECTION 9207.01.C.7. (R-1-D) USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby renumbered as follows: 9207.01.C.6. SECTION 23. SECTION 9207.01. (R-1-D) USES PERMITTED, is hereby amended with the addition of Subsection D which reads as follows: D. USES PERMITTED BY LAND USE PERMIT I 1. Day Care, Large. SECTION 24. SECTION 9224.01. ( "0" OPEN LAND) , USES PERMITTED, is hereby amended with the addition of Subsection D which reads as follows: D. USES PERMITTED BY LAND USE PERMIT. 1. Child Care Center. SECTION 25. SECTION 9314.00. (CHILD CARE FACILITIES) , is hereby amended as follows: Ordinance 1230 SECTION 10. 9205.01.A.3. (R-1-B) , USES PERMITTED, is hereby amended to read as follows: 3. Day Care, Small , pursuant to Section 9314.00 et. seq. SECTION 11. 9205.01.C.6 (R-1-B) , USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby deleted. SECTION 12. 9205.01.C.7. (R-1-B) , USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby renumbered as follows: 9205.01.C.6. SECTION 13. SECTION 9205.01. (R-1-B) USES PERMITTED, is hereby amended with the addition of Subsection D which reads as follows: D. USES PERMITTED BY LAND USE PERMIT 1. Day Care, Large. SECTION 14. SECTION 9206.01.A.3. (R-1-C) USES PERMITTED, is hereby amended to read as follows: 3. Day Care, Small , pursuant to Section 9314.00 et. seq. SECTION 15. SECTION 9206.01.C.6. (R-1-C) USES PERMITTED BY CONDITIONAL USE PERMIT is hereby deleted, SECTION 16. SECTION 9206.01.C.7. (R-1-C) USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby renumbered as follows: 9206.01.C.6. SECTION 17. SECTION 9206.01.C.8. (R-1-C) USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby renumbered as follows: 9206.01.C.7. I SECTION 18. SECTION 9206.01 (R-1-C) USES PERMITTED, is hereby amended with the addition of Subsection D which reads as follows: D. USES PERMITTED BY LAND USE PERMIT 1. Day Care, Large. SECTION 19. SECTION 9207.01.A.3. (R-1-D) USES PERMITTED, is hereby amended to read as follows: 3. Day Care, small pursuant to Section 9214.00 et. seq. SECTION 20. 9207.01.C.5. (R-1-D) USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby deleted . SECTION 21. SECTION 9207.01.C.6. (R-1-D) USES PERMITTED BY CONDITIONAL USE PERMIT, is hereby renumbered as follows: 9207.01.C.5. SECTION 22. SECTION 9207.01.C.7. (R-1-D) USES PERMITTED BY CONDITIONAL USE PERMIT., is hereby renumbered as follows: 9207.01.C.6. SECTIO14 23. SECTION 9207.01. (R-1-D) USES PERMITTED, is hereby amended with the addition of Subsection D which reads as follows: D. USES PERMITTED BY LAND USE PERMIT 1. Day Care, Large. SECTION 24. SECTION 9224.01. ("0" OPEN LAND) , USES PERMITTED, is hereby amended with the addition of Subsection D which reads as follows: D. USES PERMITTED BY LAND USE PERMIT. 1. Child Care Center. Ordinance 1230 SECTION 25. SECTION 9314.00. (CHILD CARE FACILITIES) , is hereby amended as follows: Ordinary day care in the home, of nonresident children needing supervi- sion by reason of their youth, shall be permitted only when listed in a zone as a principal permitted use, land use, or as a conditional use. Where listed as a conditional use, no such use shall be made unless there is approved and and in full force and effect a Conditional Use Permit., as provided in Section 9402.00. Where listed as a principal permitted use or land use, no such use shall be made unless the follow- ing requirements are and have been met. SECTION 26. SECTION 9314.01 LAND USE (PERMIT REQUIRED) , is hereby amended as follows: No such use shall be established or maintained until there has been issued and there is in full force and effect a land use permit therefor issued by the Director of Community Development. Application for any such permit shall be in such form and shall provide such information as is required by the Director as is deemed necessary to process the application. In addition to obtaining a local permit, said use shall be carried on pursuant to State and County licensing procedures. SECTION 27. SECTION 9314.03 (REVOCATION OF PERMITS) , is hereby amended as follows: The Planning Commission or, the Director of Community Development in the case of Land Use Permits, shall have the power and authority to revoke any permit issued pursuant hereto at any time when it is found, after due-process hearing, that: SECTION 28. 9402.00.A.2. (CONDITIONAL USE PERMITS) , USES PERMITTED SUBJECT TO I A CONDITIONAL USE PERMIT, is hereby amended with the addition of item "0" which reads as follows: 0. Child Care Centers. SECTION 29. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 30. 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 November 1984 . AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORN ' BY City Clerk a or REVIEWED & APPROVED: _ I HEREBY CERTIFY that the foregoing Ordinance 1230 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 7th day of November, 1984 and a summary of same was published in THE DESERT SUN, a newspaper of general circulation, on November 6th and 21st, 1984. JUDITH SUMICH City Clerk ORDINANCE NO. 1231 OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE HIGHLAND-GATEWAY REDEVELOPMENT PROJECT. WHEREAS the City Council of the City of Palm Springs has received from the Palm Springs (Redevelopment Agency (the "Agency") the proposed Redevelopment Plan (the "Redevelopment Plan") for the Highland-Gateway 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 E. Tahquitz-McCallum Way, Palm Springs, California, together with the Report of the Agency, including the reasons for the selection of the Project Area, a description of the physical , social and economic conditions existing in 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 recommendations of the Planning Commission of the City of Palm Springs (the "Planning Commission") , an environmental impact report on the Redevelopment Plan, the report of the County Fiscal Officer and the Agency's analysis thereof, and the report of the Fiscal Review Committee convened to consider the Project; and WHEREAS the Planning Commission has submitted to the Council its report and recommendations for approval of the Redevelopment Plan and its certifications for approval of the Redevelopment 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 7, 1984, on adoption of the Redevelopment Plan and on certification of the Final Environmental Impact Report on the Redevelopment Plan, in the City Council Chamber, ICity Hall , 3200 E. Tahquitz-McCallum Way, Palm Springs, California; and WHEREAS a notice of said hearing was duly and regularly 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 Redevelopment 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 Iin accordance with the Redevelopment Plan; and WHEREAS the Project Area Committee reviewed and forwarded its recommendation for approval of the Redevelopment Plan on October 19, 1984; and Ordinance 1231 WHEREAS the Council has general knowledge of the conditions existing in the Project Area and of the availability 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 housing conditions, has carefully considered and reviewed such programs for relocation; and WHEREAS the Council has considered the report and recommendation of the Planning Commission, the report of the Agency, the Redevelopment Plan and its economic feasibility, 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 Redevelopment 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 7, 1984 by Agency Resolution No. 265 and Council Resolution No. 15304 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS does 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. Eliminate environmental deficiencies in the Project Area, including, among others, incompatible and uneconomic land uses, irregularly shaped lots, obsolete and aged building types, substandard alleys, deteriorated public improvements. b. Assembly of land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation I in the Project Area. C. The replanning, redesign and development of vacant areas which are stagnant or improperly utilized. d. Strengthen retail and other commercial , industrial and residential functions in area. e. Strengthen the economic base of the Project Area and the community by installing needed site improvements to stimulate new commercial and residential development, employment and economic growth. f. Provide adequate land for parking and open spaces. g. Establish and implement performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project. h. The establishment of financial mechanisms to assist in the upgrading and/or redevelopment of new commercial and residential Facilities. i . Provide opportunities for participation by owners and business tenants in the revitalization of their properties. I j. The provision of necessary public improvements, including but not limited to flood control facilities and street improvements to correct existing deficiencies. Ordinance 1231 Section 2. The Council hereby finds and determines that: a. The Project Area is a blighted area, the redevelopment 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 characterize 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 and gutters, which cannot be remedied with private or governmental action without redevelopment. 3. The existence of properties which suffer from economic dislocation, deterioration and disuse resulting from faulty planning. 4. 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 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 I 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 redevelopment would be insufficient to cause any significant correction 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 enterprise, action alone or in concert with available governmental action. 5. The lack of drainage facilities pursuant to the Riverside County Flood Control District Master Plan of Drainage results in a condition by which the Project Area is prone to flooding from storm water runoff. This condition cannot be remedied with private or governmental action without redevelopment, resulting in the disuse and underutilization of property in the Project Area. 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 redevelopment of the Project Area will implement the objectives of the Community Redevelopment I Law by aiding in the elimination and correction of the coditions 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. Ordinance 1231 c. The adoption and carrying out of the Redevelopment Plan is economically sound and feasible. -This find 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 and the Agency' s Report to Council pursuant to Health & Safety Code Section 33352 further demonstrates the economic soundness and feasibility of the Redevelopment Plan. 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 Redevelopment 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 reloction of I 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. 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 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 Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. I 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 1231 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 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 I 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 safeguards 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 restrictions 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 I temporary housing facilities at rents comparable to those in the City of Palm Springs at the time of their displacement. 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 revenue 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 Coucil at the hearing having been considered are hereby overruled. Section 6. That certain documents entitled "Redevelopment Plan for the Highland-Gateway 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 I 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 Highland-Gateway Redevelopment Project". Ordinance 1231 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 I 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 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 that 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 body 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 I 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, published 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 Redevelopment Plan if such invalid portion thereof had been deleted. ADOPTED this 20th day of _ November 1984. AYES: Councilmembers Birer, Foster, Maryanov and Mayor Bogert NOES: None ABSENT:None ABSTAIN: Councilmember Smith ATTEST CITY " OF PALM SPRINGS LIFORNIA City Clerk 611ayor I REVIEWED & APPROVED_ , I HEREBY CERTIFY that the foregoing Ordinance 1231 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 20th day of Nov. , 1984, and that same was published in THE DESERT J newspaper of general circular on November 27, 1984. UDITH SUMICH City Clerk ORDINANCE NO. 1232 AN ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA, AMENDING SECTION 12. 32 . 050 OF THE PALM SPRINGS MUNICIPAL CODE WHICH ESTABLISHES THE PROCEDURES FOR ADOPTING RULES AND REGULATIONS FOR CITY-OWNED PARKING LOTS, PARKING AREAS AND OTHER PROPERTIES UNDER THE CITY'S DIRECT CONTROL WITH RESPECT TO VEHICLE DRIVING AND PARKING USES . THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1. Section 12. 32. 050 of the Palm Springs Municipal Code is hereby amended to read as follows : (a) The city manager shall from time to time examine and survey all city-owned parking lots, parking areas and other properties, and all property under the city' s direct control, with respect to vehicle driving and parking uses, and the need for regulations applicable thereto, in order to assure proper and appropriate use of such public proper- ties and to prevent interferences with the orderly and efficient conduct of the city ' s business. (b) Based thereon, the city manager shall submit such conditions, rules and regulations governing driving, stop- ping, parking or leaving standing of vehicles on the particular properties involved, to the City Council for adoption, as shall, .in his judgment, be necessary and appropriate to advance the public purposes mentioned in I subsection (a) of this section. (c) A written statement or other graphic depiction of such special conditions, rules and regulations shall, upon adoption by the City Council, be filed in the office of the City Clerk. 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 December 1984 AYES : Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES : None ABSENT: None /) ATTEST: CITY OF PALM SPRINGS / ALIFQRNIA By / City Clerk Mayor REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1232 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 5th day of Dec. 1984, and that same was published in THE DESERT SUN, a newspaper of general circulation on Dec. 12, 1984. � JU DITH SUMICH City Clerk