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1/1/1985 - ORDINANCES
ORDINANCE No . 1233 AN ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 2 . 05 . 050 ADDING REQUIREMENT FOR PUBLICATION OF NOTICE OF APPEAL. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1. Section 2. 05. 050 of the Palm Springs Municipal Code is hereby amended to read as follows : 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 the hearing shall be mailed or otherwise delivered by the City Clerk to the appellant, 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. If publication of the initial application or action being appealed was required, the notice of appeal shall be published in like manner. SECTION 2 . EFFECTIVE DATE. This Ordinance shall be in full force and effect 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 2nd day of January _. 1985. AYES : Councilmembers Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT:Councilmember Birer ATTE�R.- CITY OF PALM SPRINGS ,,:<C` F RN.lA L/City Clerk Mayor REVIEWED & APPROVED: _ I HEREBY CERTIFY that the foregoing Ordinance 1233 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 2nd day of January, 1985, and that same was published in THE DESERT SUN, a newspaper of general circulation, o January 11 , 1985. 4- JUDITH SUMI CH City Clerk ORDINANCE NO. 1234 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO REGULATE MASSAGE ESTABLISH- MENTS AND THEIR MASSAGISTS AND EMPLOYEES IN THE CITY. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. There is hereby added to the Palm Springs Municipal Code Chapter 5.34 which is to read as follows: CHAPTER 5.34 MASSAGE ESTABLISHMENTS 5.34.010 Citation. This Chapter may be cited as the Palm Springs Massage Ordinance. 5.34.020 Purpose and Intent. It is the purpose and intent of this Chapter to provide for the orderly regulation of massage establishments and their massagists and employees in the City of Palm Springs by establishing certain minimum standards for the education and conduct of this type of business which will protect the public health and welfare of the citizens of the City of Palm Springs. 5.34.030 Definitions. For the purpose of this Chapter, the foIIcming words and phrases shall have the meanings respectively ascribed to them by this Section. (a) Employee. Any person, other than a massagist, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons. (b) Health Department. The Department of Public Health of the County of Riverside. (c) Licensee. The person to whom a license has been issued to own or operate a massage establishment as defined herein. (d) Massage. Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol , liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor. (e) Massage Establishment. Any establishment having a source of income or compensation derived from the practice of mass.,e as defined in Subsection (d) , and which has a fixed place of business where any person, firm association or corps'at,ou engages in or carries on any of the activities as defined in Subsection (d) . (f) Massagist. Any person who, for any consideration whatsoever, engages in the practice of massage as defined in Subsection (d) . (g) Outcall Massage Service, Any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at a massage establishment as defined in Subsection (e) . (h) Patron. Any person, who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor. ( i) Permittee. The person to whom a permit has been issued to act in the capacity of a massagist (masseur or masseuse) as herein defined. (j) Person. Any individual , partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character. Ord. No. 1234 Page 2 (k) Recognized School . Any school or educational institution licensed to do business as a school or educational institution in the State in which it is located, or any school recognized by or approved by or affiliated with the American Massage Therapy Association, Inc. and which has for its purpose the teaching of the theory, method, ' profession, or work of massage, which school requires a resident course of study not less than one hundred (100) hours before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. (1 ) Sexual or Genital Area. Genitals, pubic area, anus, or perineum of any person, or the vulva or breast of a female. 5.34.040. Permit Requirements. (a) Massage establishment license required. No person shall engage in or carry out the business of massage unless he has a valid massage establishment 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. (b) Massagist's permit required. No person shall practice massage as a massagist, employee or otherwise, unless he has a valid and subsisting massagist's permit issued to him by the City pursuant to the provisions of this Chapter, and he is associated with a licensed massage establishment. (c) Business license required. In addition to the requirements of subsections (a) and (b) above, no person shall engage in or carry out the business of massage without first having procured a business license pursuant to the requirements of Palm Springs Municipal Code Chapters 3.40 through 3.96 inclusive and having paid the tax thereunder. 5.34.050. Exemptions. This Chapter shall not apply to the ing indi followviduals while This in the personal performance of the duties of their respective professions: (a) Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly . licensed to practice their respective professions in the State of California. (b) Nurses who are registered under the laws of the State of California. (c) Barbers, beauticians, manicurists, and pedicurists who are duly licensed under the laws of the State of California except that this exemption shall apply solely to the massaging of the neck, face, scalp, hair, hands or feet of the customer or client for cosmetic or beautifying purposes. 5.34.060. A lication for Massa e Establishment License. Every applicant for a icense to maintain, operate, or conduct a massage establishment 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 amount, as ,stablished by Resolution of the City Council . Licensees who have already paid the license fee for the current period shall not be required to pay an additional fee hereunder. The application, once accepted, shall be referred to the Chief of Police for investigation. Copies of the application shall within five (5) clays also be referred to the Department of Building and Safety, the Fire Department, the Health Department, and the Planning Department. The departments shall within thirty (30) days inspect the premises proposed to be operated as a massage establishment and shall make written verification to the Business License Collector concerning compliance with the codes of the City of Palm Springs that they administer. The application shall further be referred to the Police Department for investigation of the applicant's character and qualifications. Each application shall contain the following information: (a) A definition of service to be provided. (b) The location, mailing address and all telephone numbers where the business is to be conducted. Ord. No. 1234 Page 3 (c) The name and residence address of each applicant. Hereinafter a] I provisions which refer to applicant include an applicant which may be a corporation or partnership. (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 owning more than ten percent (10%) of the stock of the corporation, and the address of the corporation itself, if different from the address of the massage establishment. (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 massage establishment. (d) The two (2) previous addresses immediately prior to the present address of the applicant. (e) Proof that the applicant is at least eighteen (18) years of age. (f) Individual or partnership applicant's height, weight, color of eyes and hair, and sex. (g) Copy of identification such as driver's license and social security card. (h) One portrait photograph of the applicant at least two (2) inches by two (2) 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 (2) -inches by two (2) inches of all officers and managing agents of said corporation and a complete set of the same officers' and agents' fingerprints 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 (2) inches by two (2) inches in size of each partner, including a limited partner in said partnership, and a complete set of each partner's or limited partner's fingerprints which shall be taken by the Chief of Police or his agents. (i ) Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of applicant. (j) The massage or similar business license history of the applicant; whether such person, in previously operating in this or another City or State has had a business license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. (k) All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted, and full statement of the disposition of all such actions. (1) The name and address of each massagist who is or will be employed in said establishment. (m) Applicant must furnish a diploma or certificate of graduation from a recognized school or other `_ titution of learning wherein the method, profession and work of massage is taught, provided, however, that if the applicant will not himself engage in the practice of massage as defined herein, he need not possess such diploma or certificate of I graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught. (n) The name and address of any massage business or other establishment owned or operated by any person whose name is required to be given in Subsection (c) wherein the business or profession of massage is carried on. (o) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. (p) Authorization for the City, its agents and 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 permit. Ord. No1234 Page d (1) The City may request the Department: of Health to conduct some or all of the inspections or investigations required herein. The Department: of Health is authorized to bill and collect from the applicant reasonable fees for such services and the applicant shall show evidence that such fees have been paid before a license or permit is issued hereunder. (q) Such other identification and information necessary to discover the truth of the matters herein specified as required to be set forth in the application. (r) The names, current addresses and written statements of at least three (3) bonafide 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 and business associates. Upon the completion of the above provided farm and the furnishing of all foregoing information the Business License Collector shall accept the application for the necessary investigations. The holder of a massage establishment license shall notify the Business License Collector of each change in any of the data required to be furnished by this Section within ten (10) days after such change occurs. 5.34.070. Application for Massagist's Permits. Application for a massagist's permit shall be made to the Business License Collector in the same manner as provided above for massage establishment licenses, accompanied by the annual nonrefundable massagist's permit: fee in such amount as established by Resolution of the City Council . v,assagists 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, business address, and all telephone numbers of the massage establishments where the massage is to be practiced. (b) Name and residence address., and all names, nicknames and aliases by which the applicant has 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, color of hair and eyes, and sex. (e) Written evidence that the applicant is at least eighteen (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 misdemeanor traffic violations, and full statement of the disposition of all such actions. (g) Fingerprints of the applicant taken by the Police Department. (h) Two front-face portrait p'^_tographs taken within thirty (30) days of the date of application and at least two (2) inches by two (2) inches in size. ( i) The name and address of the recognized school attended, the dates attended and a copy of the diploma or certificate of graduation I awarded the applicant. (1) A person who is employed as a massagist in the City of Palm Springs on the day this Chapter goes into effect or has been so employed for three of the previous six months and who has not graduated from a recognized school , may apply for a temporary permit which shall be valid for six months from the day this Chapter goes into effect. The temporary permit may be extended for an additional six months upon a showing that the applicant is actively engaged, enrolled or participating in a course of study leading to graduation at a recognized school . In no event shall any temporary permit be valid after one year after this Chapter goes in effect. Ord. No. 1234 Page 5 (2) Employment shall be established by sworn affidavit from the employer. School enrollment shall be certified by an official of the recognized school. (j) The massage or similar business history and experience for the teen (10) years prior to the date of application, including but not limited to whether or not such person in previously operating in this or another city or state under license or permit has had such license or permit denied, revoked, or suspended and the reasons therefor, and the business activities or occupations subsequent to such action of denial , suspension or revocation. (k) The names, current addresses and written statements of at least five (5) bonafide permanent residents of the United States, other than relatives, 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. (1 ) A medical certificate signed by a physician, licensed to practice in the State of California, within seven (7) days of the date of the application. 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 Subsection shall be provided at the applicant's expense. (rn) Such other information, identification and physical examination of the person deemed necessary by the Police Chief in order to discover the truth of the matters herein required to be set forth in the application. (n) Authorization for the City, its agents and employees and such other enforcement agencies as may be necessary to seek information and I conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit. (1) The City may request the Department of Health to conduct some or all of the inspections or investigations required herein. The Department of Health is authorized to bill and collect from the applicant reasonable fees for such services and the applicant shall show evidence that such fees have been paid before a license or permit is issued hereunder. (o) Written declaration 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. 5.34.075. Outcall Massage Endorsement. A massagist permit may be endorsed to authorize a permittee to perform outcall massage if, in addition to meeting all the requirements of Section 5.34.070, the massagist: (a) Has completed a course of instruction of not less than 500 hours, conducted at a school recognized, approved or accredited by the American Massage Therapy Association or by a professional association of simiilar stature; and (b) Is currently certified P� a Massage Therapist (MS.T. ) or a Registered Massage Therapist (RM.T. ) by the American Massage Therapy Association or has an equivalent certification. 5.34.080. Issuance of License or Permit for a Massage Establishment. The City of Palm Springs shall issue a license for a massage establishment or a permit for a massagist if all requirements for a massage establishment or massagist 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, or that fees pursuant to Section 5.34.060(p) and 5.34.070(n) above have not been paid. (b) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the City's building, zoning, and health regulations and the Health Department's regulations and standards relating to the practice of massage and operation of massage establishments. Ord. No. 1234 Page 6 (c) The applicant, if an individual ; or any of the stockholders holding more than ten percent (10%) of the stock of the corporation; or any of the partners; or the holder of any lien, of any nature, upon the business and/or the equipment used therein; and 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. (3) An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony. The City of Palm Springs may issue a license or permit to any person convicted of any of the crimes described 'in (1), (2) or (3) of this subsection if it finds that such conviction occurred at least five (5) years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for any crime mentioned in this subsection (c) . (d) The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the permit application or in any document required by the City in conjunction therewith. (e) The applicant has had a massage establishment, massagist, or other similar permit or license denied, revoked, or suspended by the City or any other State or local agency within five (5) years prior to the date of the application. (f) The applicant, if an individual , or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the ope^ation of the I business, is not over the age of eighteen (18) years. 5.34.090. 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 that 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 the date of its issuance unless sooner suspended or revoked. 5.34„100. Waiver of Application Requirements. The City of Palm Springs shall waive the requirements of Sections 5.34.060 (m) and 5.34.070 (i) of this Chapter if the applicant furnishes satisfactory evidence that he or she attended not less than one hundred (100) hours of instruction in a school within or without this State or in any foreign country that provides education substantially equal to or in excess of the educational requirements of this Ordinance or provides a notarized copy of the applicant's unexpired American Massage Therapy Association MS.T. Certificate, or its equivalent. 5.34.110. Multiple Massage E�uablishments. Should any massage business have more than one location where the business of massage is pursued, then a permit, stating both the address of the principal place of business, and of the other location(s) shall be issued by the I Business License Collector 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 issuance. 5.34„120. Posting of License. (a) Every massagist shall post the permit required by this Chapter in his/her work area. (b) Every person, corporation, partnership, or association licensed under this Chapter shall display such license in a prominent place in its place of business. Ord. No. 1234 Page 7 5.34.130. Register of Employees. The licensee or person designated by the licensee of a massage establishment shall maintain a register of all person employed at any time as massagists and their permit numbers. Such register shall be available at the massage establishment to representatives of the City of Palm Springs during regular business hours. 5.34.140. Revocation or Suspension of License. Any license issued for a massage establishment 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 provisions of this Chapter are violated or where any employee of the licensee, including a massagist is engaged in any conduct which violates any of the State or local laws or ordinances at licensee's place of business and the licensee was aware, or with due diligence would have been aware of said violation. Such permit may also be revoked or suspended by the City of Palm Springs after notice and hearing, upon the recommendations of the Director of the Health Department that such business is being managed, conducted or maintained without regard to proper sanitation and hygiene. Such revocation proceedings shall be conducted as prescribed by Section 5.72.030 of the Palm Springs Municipal Code. 5.34.150. Revocation of Masseur or Masseuse Permit. A massagist permit issued by the Business License Collector shall be revoked or suspended where it appears that the massagist 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 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. 5.34.160. Facilities Necessary. No license to conduct a massage establishment shall be issued until the City of Palm Springs has caused an inspection to be made of the premises and it is found that the establishment complies with each of the following minimum requirements: (a) Construction of rooms used for toilets, tubs, steam baths and showers shall be made waterproof with approved waterproofed materials and shall be installed in accordance with the City of Palm Springs Building Code. Plumbing fixtures shall be installed in accordance with the City Plumbing code. (1) Steam rooms and shower compartments shall have waterproof floors, walls and ceilings approved by the City of Palm Springs. (2) Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer. (Exception: Dry heat rooms with wooden floors need not be provided with pitched floors and floor drains). (3) A source of hot water must be availaLle within the immediate vicinity of dry and wet heat rooms to facilitate cleaning. (b) The premises shall have 'equate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron. (c) Closed cabinets shall be provided and used for the storage of clean linen, towels and other materials used in connection with administering massages. All soiled linen, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas. (d) Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the same time separate toilet facilities shall be provided for each sex. A single water closet per sex shall be provided for each fifteen (15) or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein. Ord. No. 1234 Page 8 (e) Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels. (f) All electrical equipment shall be installed in accordance with the requirements of the Palm Springs Building Code. 5.34.170. Operating Requirements. (a) Every portion of the massage establishment, and all appliances and apparatus, shall be kept clean and operated in a sanitary condition. (b) Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers. (c) All employees, including massagist:s, shall be clean and wear clean, nontransparent outer garments, covering the sexual and genital and upper body areas, whose use is restricted to massage establishments and travel from one massage establishment to another massage establishment. A separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing. (d) All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shah be laundered after each use thereof and stored in a sanitary manner. (e) No massage establishment granted a license under the provisions of this Chapter shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture, or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage services. 5.34.180. Persons Under Age 18 Prohibited on Premises. No person I shall permit any person under the age of eighteen 8 years to come on or remain on the premises of any massage establishment, as massagist, employee, or patron, unless such person is on the premises on lawful business. 5.34.190. Alcoholic Beverages Prohibited. No person shall sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of any massage establishment. 5.34.200. Hours. No massage business shall be kept open for any purpose between the hours of 10:00 F.M. and 8:00 A.M. 5.34.210. Employment of Massagist. No person shall employ as a massagist any person unless said employee has, obtained and has in effect a permit issued pursuant to this Chapter. 5.34.220. Inspection Required. The! Chief of Police or his authorized representatives shall from time to time make inspection of each massage business establishment ` ,, the purposes of determining that the provisions of this Chapter are fully complied with. It shall be unlawful for any permittee to fail to allow such inspection officer access to the premises or hinder such officer in any manner. Health Department representatives are deemed authorized representatives of the Chief of Police. 5.34.230. Unlawful Acts. (a) It shall be unlawful for any person, in a massage establishment, to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage, a sexual or genital part of any other person. Sexual or genital parts shall include the genitals, pubic area, anus, or perineum of any person, or the vulva or breast of a female. (b) It shall be unlawful for any person, in a massage establishment, to expose his or her sexual or genital parts, or any portion thereof, to any other person. It shall also be unlawful for any person, in a massage establishment, to expose the sexual or genital parts, or any portions thereof, of any other person. Ord. No. 1234 Page 9 (c) It shall be unlawful For any person, while in the presence of any other person in a massage establishment, to fail to conceal with a fully opaque covering, the sexual or genital parts of his or her body. (d) It shall be unlawful for any person owning, operating or managing a massage establishment, knowingly to cause, allow or permit in or about such massage establishment, any agent, employee, or any other person under his control or supervision to perform such acts prohibited in Subsections (a) or (b) of this Section. (e) It shall be further unlawful for any permittee under this Chapter to administer massage on an outcall basis as defined in Section 5.34.030(g) , unless said permittee's massagist permit includes a valid, current outcall massage endorsement. A massagist whose permit does not include an outcall massage endorsement shall administer massage solely within an establishment licensed to carry on such business under this Chapter. Any violation of these provisions shall be deemed grounds for revocation of the permit granted hereunder. The restriction on outcall massage shall not apply to a permittee who performs outcall massage as defined herein upon a customer or client who, because of reasons of physical defects or incapacities or due to illness is physically unable to travel to the massage establishment. If any outcall massage is performed under this exception, a record of the date and hour of each treatment, and the name and address of the customer or client, and the name of the employee administering such treatment and the type of treatment administered, as well as the nature of the physical defect, incapacity or illness of said client or customer shall be kept by the licensee or person or employee designated by the licensee. Such records shall be open to inspection by officials charged with the enforcement of public health laws. The information furnished or secured as a result of I any such inspection shall be confidential . Any unauthorized disclosure or use of such information by an employee of the business or by any employee of the City of Palm Springs shall be unlawful . (f) It shall be unlawful for any massage service to be carried on within any cubicle, room, booth, or any area within a massage establishment which is fitted with a door capable of being locked. Toilets and cubicles used solely for the application of liquid and vapor baths shall be clearly marked as to purpose on the exterior door or curtain of said cubicle, room or booth. Nothing contained herein shall be construed to eliminate other requirements of statute, ordinance or Municipal Code concerning the maintenance of premises, nor to preclude aui;horized inspection thereof, whenever such inspection is deemed necessary by the police or health departments. 5.34.240. Sale or Transfer or Change of Location. Upon sale, transfer or relocation of a massage establishment, 'the license therefore shall be null and void unless reapproved as provided in Section 5.34.080 provided, however, that upon the death or incapacity of the licensee or any co-licensee of the massage establishment, any heir or devisee of a decreased licensee, or any guardian of an heir or devisee of a deceased licensee, may continue the business of the massage establishment for a reasonable period of time not to exro-d sixty (60) days to allow for an orderly transfer of the license. 5.34.250. Name and Place of Business. No person granted a license I pursuant to this Chapter shall operate the massage establishment under a name not specified in his license, nor shall he conduct business under any designation or location not specified in his license. 5.34.260. Transfer of License. No license or permit shall be transferable except with the consent of the City of Palm Springs. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in Sections 5.34.060 and 5.34.070. The written application for such transfer shall contain the same information as requested herein for initial application for the license or permit. Ord. No. 1234 Page 10 5.34.270. Violation and Penalty. Every person, except those persons who are specifically exempted by this Chapter, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere agent or independent contractor for the owner, employee or operator, or acting as a participant or I worker in any way directly or indirectly who gives massages or operates a massage establishment or any of the services defined in this Chapter without first obtaining a license or permit and paying a fee to do so from the City of Palm Springs or 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 $500 or by imprisonment for a period not to exceed six (6) months or by both such fine and imprisonment. 5.34.275. Violation a Nuisance. The City Council declares a violation of this Ordinance to be a public nuisance. 5.34.280. Separability. (a) 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 provisions and such holding shall not affect the validity of the remaining portions thereof. (b) All ordinances in conflict herewith are hereby repealed. (c) This Chapter shall be in full force and effect 30 days from and after its passage, provided, however, any person, partnership, corporation or association engaged in the operation of a massage establishment and every person engaged in the business or profession of massage, at the time of the enactment of this Chapter shall have one year in which to comply with the licensing provisions of this Chapter. 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 2nd day of January 1985. AYES: Councilmembers Foster, Maryanov, Smith and Mayor Bogert NOES:_ None ABSENT: Councilmember Birer ATTEST % CITY OF P=SPRjNCALIFgRNIA 8y�M__- / �' '--- ---- City Clerk �7Mayor REVIEWED & APPROVED: A , I HEREBY CERTIFY that the foregoing Ordinance 1234 was duly adopted by the City Council I of the City of Palm Springs, California, in a meeting thereof held on the 2nd day of Jan. 1985, and that a summary of same was published in THE DESERT SUN, a newspaper of general circulation on December 28, 1984 and January 11 , 1985. �UDITH SUMICH City Clerk WP/CC ORD 2 ORDINANCE NO. 1235 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP FROM '0" (OPEN SPACE) TO R-1-C (SINGLE-FAMILY RESIDENTIAL) FOR 1.4 ACRES LOCATED ON THE WEST SIDE OF VIA MIRALESTE SOUTH OF IFRANCIS DRIVE, SECTION-2. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION I . Pursuant to Section 9406.00 of the Palm Springs Zoning Ordinance, the official Zoning Map is hereby amended from "0" (Open Space) to R-1-C (Single-Family Residential ) for property hereinabove described and as shown on Exhibit "A" attached and made a part thereof. 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 Dublished in accordance with law. ADOPTED this 6th day of February 1985 APES: Councilmembers Birer, Foster, Smith and Mayor Bogert NOES: None ABSENT: Councilmember Maryanov ATTEST: CITY OF PALM SPRINGS. '�ORN B City Clerk — r REVIEWED & APPROVED:_��-f ' 4 I HEREBY CERTIFY that the foregoing Ordinance 1235 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 6th day of February, 1985 and that same was published in THE DESERT SUN, on February 13, 1985. ID TH UMI H City Clerk I Ordinance 1235 I-c N c i ------------ -- ---------------- 1 ----- --------- FE1OII AI Ni�C_IS' y --- -- rill UB.J1 CT -1-13 TA DEL MONTE SCHOOas Y4 cc ]7 — Lr o as - 14 I � � p � � I I I 12 --'E' 1 co W U 0 tl 1 al Jj 1 la .- I � U r - ------------- J11 ° 17 cc o u N1 b ° sl I >I ---- U I 7� � I j. 1• I _ I 7a i 1 PUSUC PARS: .a i i----i p I O ° p ra ---� ;----t 4 , 1 a7 I I I I I ara7lpll ° r----- u 7a 1 0 o'., . �.t' ---�' _ 21 RACQUET CLU ROAt7 � �,--.----�`—' - ------------- �.,.._------------------------- RACQUt cLt�� RU . CITY OF PALM SPRINGS CASE pap. i.:13 ;3-CZ/TTN 2043> APPROVE© BY PLAN. COMM. 1 GATE APPLICANT l'. Pirozzi J .AFIPROVEO BY COUNCIL_ DATE---- -- -- A 9! I(S Section 2 ' ORDINANCE NO. 1236 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9403.00 OF THE ZONING ORDINANCE TO ESTABLISH TIME LIMITS ON PROJECTS REQUIRING ARCHI- TECTURAL APPROVAL AS OUTLINED IN CASE 5.0353-ZTA, CITYWIDE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. SECTION 9403.00.0, (Procedures) is hereby amended to read as follows: D. ARCHITECTURAL ADVISORY COMMITTEE GUIDELINES The Architectural Advisory Committee shall examine the material sub- mitted with the Architectural Approval application and specific aspects of design shall be examined to determine whether the proposed develop- ment, will provide desirable environment for its occupants as well as being compatible with the character of adjacent and surrounding develop- ments, and whether aesthetically it is of good composition, materials, textures, and colors. Conformance will be evaluated, based on consider- ation of the following: (865:1 1-12-70) 1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of 1 pedestrian and vehicular areas; i .e. , sidewalks as distinct from parking lot areas. (865:1 1-12-70) 2. Harmonious relationship with existing and proposed adjoining developments, avoiding both excessive variety and monotonous repetition, but allowing similarity " of style, if warranted. (865:1 1-12-70) 3. Maximum height, area, setbacks, and overall mass, as well as parts of any structure (buildings, walls, screens, towers, or signs) and effective concealment of all mechanical equipment. (865:1 1-12- 70) 4. Building design, materials, and colors to be sympathetic with desert surroundings. (865:1 1-12-70) 5. Harmony of materials, colors, and composition of those sides of a structure which are visible simultaneously. (865:1 1-12-70) 6. Consistency of composition and treatment. (865:1 1-12-70) 7. Location and type of planting, with regard for desert climate con- ditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials. (865:1 1-12-70) 8. Design and appropriateness of signs, as well as interior and exterior lighting. (865:1 1-12-70) 9. Graphics, as understood in architectural design. (865:1 1-12-70) SECTION 2. SECTION 9403.00.E. (Architectural Advisory Committee Guidelines) is hereby amended to read as follows: E. PROCEDURES 1. Architectural review shall be required for all of the following streets and areas: Ord No. 1236 Page 2 a. North, South and East Palm Canyon Drive. b. Indian Avenue. C. Tahquitz-McCallum Way (but not to include Tahquitz Drive South) . d. Ramon Road. e. Sunrise Way. f. Areas zoned and/or used for industrial purposes. g. Hillside, as defined in Section 9313 of this Code. h. Churches. i . Commercial and professional buildings. j . Governmental buildings. k. Hospital and health facilities. 1 . All multiple residential units. (1035:1 11-3-76) M. Service stations. n. Mobile Home Parks. (Architectural approval shall apply to all common areas and exterior boundaries. Architectural approval shall not be required for individual mobile home sites. ) (687: 903:1 9-13-71) o. Tennis courts in all residential zones. (971:1 7-24-74) p. East Vista Chino. (1019: 5-5-76) 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. (1209:4 01-10-84) 2. Before any building or structure proposed for streets in areas shown above is erected, constructed, altered, moved, remodeled, or repainted a color different than that existing, an application for Architectural Approval shall be submitted to the Planning Commission on forms provided by the Planning Department. An application for new construction and additions shall include a I preliminary landscape plan and drawings showing the exterior elevation of all sides of a proposed building or structure, the types of materials and colors to be used, and the signs to be dis- played. (687: 783:3 865:1 1-12-70) 3. Said application for Architectural Approval shall be submitted to the Architectural Advisory Committee within forty-five (45) days after it has been accepted as complete by the Planning Department. The Architectural Advisory Committee shall make recommendations on each application before the next succeeding meeting of the Planning Commission. (865:1 1-12-70) 4. The Planning Commission shall either approve, conditionally approve, or over-rule the recommendations of the Architectural Advisory Committee. The action of the Planning Commission shall be final unless appealed. (865:1 1-12-70) 5. The approval , with or without conditions, or denial by the Planning Commission of an application for Architectural Approval shall be final unless appealed to the City Council pursuant to the provision of Chapter 2.05 of the Palm Springs Municipal Code. 6. Before an occupancy permit is issued, there must be full compliance with all requirements of the Architectural Advisory Committee as approved by the Planning Commission. If for any valid reason full compliance cannot be made, a cash bond shall be posted for the work to be completed within a reasonable period of time as determined by the Director of Community Development. (865:1 1-12-70) 7. Properties subject to architectural approval shall be maintained in a condition consistent with the approval of the Planning Commission. Such maintenance shall include, but not be limited to, the exterior of the building and grounds, including land- scaping, parking and walking areas„ exterior lighting and signing and all other features reviewed b•y the Commission. Failure to maintain said property consistent with such standards shall con- stitute a public nuisance. (1184:2 7-6-83) Ord No. 1236 Page 3 SECTION 3. SECTION 9403.00 (Architectural Review) is hereby amended by adding thereto Subsection F which is to read as follows: F. EFFECTIVE DATE An architectural approval shall become effective after an elapsed period of fifteen (15) days from the date of the decision by the Planning Commission or City Council . SECTION 4. SECTION 9403.00 (Architectural Review) is hereby amended by adding thereto Subsection G which is to read as follows: G. TIME LIMIT FOR DEVELOPMENT Unless otherwise stated by the Planning Commission or City Council the time limit for commencement of construction under an architectural approval shall be two (2) years from the effective date of approval . SECTION 5. SECTION 9403.00 (Architectural Review) is hereby amended by adding thereto Subsection H which is to read as follows: H. EXTENSIONS OF TIME Extensions of time may be granted by the Planning Commission upon demon- stration of good cause. Said extensions shall be requested in writing and received prior to expiration of original approval . Extensions of time granted for companion cases such as conditional use permits, tentative maps or planned development districts will also extend the architectural approval unless otherwise provided. Fees may be charged to process on extension request. SECTION 6. SECTION 9403.00 (Architectural Review) is hereby amended by adding thereto Subsection I which is to read as follows: II . PREVIOUSLY APPROVED PROJECTS Projects approved prior to the adoption of Subsection F as stated above may apply for consideration of a time extension under the provisions of this section within one year from the effective date of this Ordinance amendment. Such projects shall be subject to all new applicable regulations. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION! 8. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 20th day of March 1985. AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CAL FORNIA By -- �/ City Clerk Mayor REVIEWED & APPROVED: 'AwiNe, I HEREBY CERTIFY that the foregoing Ordinance 1236 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 20th day of March, 1985, and that a summary of same was published in THE DESERT SUN, a newspaper of general circulation on March 13 and Marc 7, 1985. ` , JUDITH SW11 rites rinrle ORDINANCE NO. 1237 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 93 OF THE PALM SPRINGS ZONING CODE REGULATING SIGNS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 81 of the uncodified ordinances of the City of Palm Springs, commonly known as the "Sign Ordinance" is hereby redesignated as Section 9320.00, added to Chapter 93 of the Palm Springs Zoning Ordinance and amended to read as follows: CHAPTER 93 SECTION 9320.00 SIGNS Sections: 9320.01 - Short Title 9320.02 - Purpose 9320.03 - Definitions 9320.04 - Prohibited Signs 9320.05 - Permitted Signs - Commercial & Industrial Business 9320.06 - Permitted Signs - Residential Business 9320.07 - Permitted Signs - Real Estate 9320.08 - Permitted Signs - Temporary 9320.09 - General Provisions SECTION 9320.01 SHORT TITLE. This Section may be referred to as the sign regulations of the City of Palm I Springs. SECTION 9320.02 PURPOSE. Recognizing that Palm Springs is one of the country' s foremost desert resorts, the City Council finds that proper sign control is necessary to maintain the high aesthetic values which both residents and visitors to the City have come to expect. A sign ordinance provides equitable standards for all businesses to identify the location of goods and services. One main identification sign shall be allowed in conjunction with accessory/convenience signs as necessary. Therefore, the purpose of this Ordinance is to provide standards to safeguard life, health, property and the public welfare and to provide the means for adequate identification of businesses and other sign users by regulating and controlling the design, location, and maintenance of all signs in the City. SECTION 9320.03 DEFINITIONS. The following definitions shall apply to this Section unless another meaning is clearly apparent from the context. Definitions in Section 9100.09 of the Palm Springs Zoning Ordinance shall also apply. (1) Abandoned Sign - A sign which no longer directs, advertises or I identifies a legal business establishment, product or activity on the premises where such sign is displayed. (2) Abatement - Elimination and removal of any sign in violation of the Palm Springs Sign Ordinance. (3) Amortization - As pertaining to the Palm Springs Sign Ordinance, amortization shall be the gradual extinction of non-conforming signs. Ord. No. 1237 Page 2 (4) Animated Sign - Any sign which is designed to give a message through a sequence of progressive changes of parts or lights or degree of lighting. (5) Attraction Board - Any sign which provides for changeable letters, I numbers or symbols. (6) Banners •- A sign composed of lightweight material either enclosed or not enclosed in a rigid frame. (7) Building Frontage - The linear length of a building facing a public street or pedestrian mall . (8) Canopy - A permanent roof-like shelter extending from part or all of a building face and constructed of some durable material which may or may not project over a public right-of-way. (9) Center Identification Sign - A sign identifying a center or com- plex. For purposes of this Section a center or complex shall be defined as a group of three or more retail , wholesale, industrial or professional uses utilizing common facilities including off- street parking, access, and landscaping, not necessarily under single ownership. (10) Directory - A sign identifying and locating residential , business or industrial uses within a building, subdivision, planned devel- opment, center or complex. (11) Entertainment Board - Any assemblage of verbiage, designed to I advertize current or coming entertainment scheduled to occur on the premises. Also attraction board. (12) Free-standing or monument sign - Any sign which is not attached to a building or fence, or wall which is attached to a building. (13) Height of Sign - The distance measured from the top of the street curb to the highest projection of the sign structure, including architectural design features. (14) Main Sign - The largest single permitted sign on a property. (15) Multi-Tenanted Building -- A building containing more than one individual business within a shopping, professional or industrial complex. (16) Night-club - A place of entertainment serving food and beverages having a floor show and/or providing music for dancing. For the purposes of this Section, cabarets and discotheques shall be con- sidered night clubs. (17) Non-Conforming Sign - A sign lawfully erected and legally existing at the time of the effective date of an ordinance, but which does not conform to the new provisions of said code. I (18) Off-Site Sign - Also known as off premise billboards and poster panels. Any sign which advertises goods, products, services or facilities not necessarily sold on the premises on which the sign is located. (19) Political Sign - Any sign whose content addresses a government issue or the name of a person seeking a government office. (20) Restricted/Limited Residential Complex - Any residential complex that controls vehicular pedestrian entry to the complex by virtue of wall and/or gate design. Ord. No. 1237 Page 3 (21) Sign - Any identification, description, illustration or device illuminated or non-illuminated, which is visible from any public place or is located on private property and exposed to the public and which directs attention to a prodluct, place, activity, person, institution, business, or solicitation with the exception of win- dow display. Any emblem, painting, banner, pennant, placard, I lighting or other item, designed to advertise, identify, or convey information shall be considered a sign. National flags and flags of political subdivisions shall not be construed as signs. An interior unlit sign or graphic, other than sale sign, with letters or numbers less than 2-inch high per foot of distance from the street front glass shall be exempt from provisions of the Ordi- nance. This Ordinance does not apply to signs located further than three (3) feet from the street front glass. This definition shall not include official notices issued by any court or public body or officer or directional warning or informa- tion sign or structures required by or authorized by law or by Federal , State, County or City authority. (22) Sign Area - The area of a sign without a border placed on the wall of a building shall be computed by enclosing the entire sign within sets of parallel lines touchiing the outer limits of the sign message and computing the area thus enclosed. The area of other signs shall be calculated by adding the outer dimensions of all faces capable of presenting a sign message including the standard and the frame. (23) Sign Program - Design criteria established to guide the design of all signs on a building or complex, sign programs can, but need I not mandate specific elements such as material , color, size, loca- tion, lighting, and uniformity. SECTION 9320.04 PROHIBITED SIGNS Any sign not specifically authorized by this Ordinance shall be prohibited unless required by law or utilized by a proper governmental agency. The fol- lowing signs are expressly prohibited: (1) Rotating, Moving, Flashing, Reflecting, Prismatic or Blinking Signs: Signs which rotate, move, flash, reflect, blink or appear to do any of the foregoing shall be prohibited. This includes, but is not limited to flags, banners, pennants, inflatable objects, balloons and time- temperature modules. (2) Signs on Public Property or Right-of-Way: Signs on public property or right-of-way shall be prohibited unless otherwise authorized in this Chapter. (3) Signs Advertising the Use, Name of the Owner, Products or Service Not Available on the Premises: Any sign which advertises a use not being made on the premises, the name of the owner or user, or which identifies a product, an interest, service or entertainment not available on the premises shall be prohibited unless otherwise authorized herein. I (4) Businesses Without Street Frontage: Signs other than those authorized on the multiple tenant identification sign or an approved sign program shall be prohibited for any business without street Frontage. (5) Signs Located On The Third or Higher Story: All signs located on a third or higher story shall be prohibited. (6) Signs Affixed to Windows or Doors: Any sign, merchandise, or graphic, otherwise affixed to windows or doors, interior or exterior, other than those permitted by this Chapter shall be prohibited. Ord. No. 1237 Page 4 (7) Signs Facing Private Property: Signs which do not face a public or pri- vate right-of-way, or plaza, promenade or arcade, or public or private parking area (parking associated with the same premises) shall be pro- hibited. (8) Imitation of Traffic Signal : No person shall place, maintain or display in view of any street or highway, any sign, signal , or device, which resembles an official traffic sign or signal . Visual obstruction of any official traffic sign or signal is prohibited. (9) Signs in residential zones identifying home occupations. (10) Signs displaying obscene, indecent or immoral matter. SECTION 9320.05 PERMITTED SIGNS - COMMERCIAL & INDUSTRIAL BUSINESS A. Main Signs. The number and area of signs as outlined in this Section are intended to be maximum standards and do not necessarily insure architectural compatibility. In addition to the enumerated standards, consideration shall be given to a sign' s relationship to the overall design of the subject property and the surrounding community. 1. Signsfor_ Residential uses in a commercial zone. - Section 9320.06 shall apply. 2. Signs for Commercial and Industrial Uses. Except as otherwise provided in this Section, each separate business shall be limited to one (1) main sign. Relative thereto, the following provisions shall apply: a. Buildings within one hundred (100) feet of right-of-way. The maximum area of a main sign for any business in a building located within one hundred (100) feet of the right- of-way upon which it faces shall be one (1) square foot of sign area per lineal foot of frontage which the business has facing on a right-of-way, plaza, promenade, arcade, or parking lot (in the case of shopping centers) . Except as otherwise provided herein, such signs shall have a surface area no greater than fifty (50) square feet. No such sign shall be closer than ten (10) feet from any other sign permitted hereunder. The main sign must be located adjacent to or on the building facing the right-of-way or parking lot from which its maximum allowable size is determined. b. Buildings one hundred (100) feet or more from the right-of- way. The total aggregate area for a main sign for any busi- ness in a building located one hundred (100) feet or more from any right-of-way upon which it faces shall be the equivalent of one and one-half (1z) square feet of sign area per lineal foot of frontage which the building has facing on a right-of-way or parking lot. Except as provided herein, such signs shall have a surface area no greater than { seventy-five (75) square feet. No main sign shall be closer I than ten (10) feet from any other sign permitted hereunder. The main sign must be located adjacent to the right-of-way or on the building or parking lot from which its maximum allowable size is determined. Ord. No. 1237 Page 5 C. Additional sign area for a single business in a building having over fifty 50 feet of frontage. A single business having a lineal frontage on any right-of-way in excess of fifty (50) feet shall be entitled to in addition to a or b above, an additional one (1) square foot of sign area for each four (4) feet of frontage in excess of fifty (50) feet up to one hundred (100) feet,, and an additional one (1) square foot of sign area for each eight (8) feet of frontage in excess of one hundred (100) feet. d. Businesses Not on the Ground Floor. Businesses fronting on a main thoroughfare maintained exclusively on the second floor of a multiple story building shall be entitled to fifty (50) percent of the sign area authorized for busi- nesses conducted on the ground floor of the building. 3. Height. The top of any sign shall not be higher than the building on which it is located and in no event higher than twenty-eight (28) feet. B. Accessory and Convenience Signs. 1. Sign for Pedestrian Traffic. Where the principal sign for a busi- ness is located so that it cannot be seen by pedestrian traffic, a sign in addition to that otherwise allowed in this Section shall be permitted. Such a sign shall be no larger than six (6) square feet (three square feet on each face if at a right angle to the street) and it shall be designed and located so as to not distract from the appearance of the building or violate the intent of this Ordinance. Signs may be divided on either side of fascia or architectural element. 2. Customer Convenience Signs. Each individual business shall be permitted the following signs on the entry door, on the building adjacent to the entry door, or inside the glass window nearest to the entry. a. Open/Close Signs: One (1) square foot sign per street entrance. For buildings with multiple entrances on one street, two signs may be permitted if the entrances are no closer than thirty-five (35) linear feet apart. b. Menu/Services, etc: One sign not more than two (2) square feet in size. C. Hours/Days: Two (2) inch letter/number height per line. d. Street Address Numbers/Letters: A street address is required and shall conform to the requirements of Chapter 14.04.100 of the Palm Springs Municipal Code. When address or other numbers are used as an identification name, they shall conform to all applicable provisions of this Section. Street address numbers in excess of 8° in height shall be considered a sign. e. Credit Cards/Service Decals: Credit card and other service decals may be displayed in a one square foot sign located behind the glass line. Ord. No. 1237 Page 6 3. Pedestrian Sign Dire decto orr for Sho s within Arcades or Malls. Where a pedestrian arca ma has been developed with shops, a a sign directory may be allowed which will identify the arcade or mall and each of the shops which do not have frontage on the public right-of-way. The sign complex may be attached to the building or may be free standing. The arcade or mall identifica- tion sign shall not be larger than three (3) square feet per side, and the sign for the individual tenants shall be entitled to not be larger than one and one-half (12) square foot per side. 4. Listing of Business Associates and/or Sub-Lessees. in addition to the other sign usage authorized herein, each separate business shall be allowed lettering on or behind windows facing the public view indicating the owners, operators or business associates exer- cising the use, provided that such lettering shall be enclosed within a single area and shall not exceed a total of three (3) square feet. Not more than one such sign shall be permitted per entrance. 5. Interior Real Estate Office Signs. In addition to the other sign usage authorized herein, Real Estate offices may use internal display boards subject to the following provisions: Real estate display boards shall be limited to not more than three (3) signs and/or attraction boards, no one of which shall be larger in area than one-half (2) the total authorized square footage authorized in this paragraph. The total square footage of such signs may be twenty (20) percent of the total window area on which they face but not to exceed twenty (20) square feet. Signs I shall be located no closer than one (1) foot from a window facing public view. Letters and/or numbers shall not exceed three- quarters (3/4) inches in height. The intent of this provision is to allow only such window pricing and other such integrated adver- tising matter as is deemed necessary and proper to the merchandis- ing of the properties being advertised. 6. Use of Attraction Boards by Night Clubs, Theaters and Cabarets. In addition to the other sign usage authorized herein, businesses which offer entertainment to the public shall be allowed one attraction board to advertise such entertainment. The maximum allowable size for an attraction board shall be twenty-five (25) sq. ft. if it faces the street; and 15 sq. ft. per face if the sign is at right angles to the street. Multiple theaters may have multiple attraction boards, if the design is compatible with the overall design of the building and/or complex. Showcases may be allowed in additiona to an attraction board, if approved as part of the overall design. The copy on the attraction board may be changed at intervals of 15 minutes or greater. C. Special Provisions. 1. Gasoline Service Stations. a. Gasoline service stations shall be limited to one (1) double-faced sign of an area not to exceed thirty-six (36) square feet on each side face. The height of this sign shall not exceed twenty (20) feet. In addition, one (1) ten (10) square foot sign fixed flat on the surface of the building shall be allowed. Ord. No. 1237 Page 7 b. In addition to the signs for public safety and convenience authorized by Section 9320.09-B-1, the Director of Community Development may authorize and approve instructional or directional signs not to exceed two (2) square foot or directional signs not to exceed two (2) square foot per face when deemed necessary for the convenience of patrons of ' gasoline service stations. 2. Gasoline Price Signs. a. Nothing in Section 9320.04, or in any other provision of this Sign Ordinance relating to rates or prices shall be construed as prohibiting compliance with Section 13531 of the Business and Professions Cade of the State of California which relates to the posting of gasoline prices. Any sign, statement or other advertising medium posted or displayed shall conform to all of the requirements of this Section. b. Pursuant to the authority of Business and Professions Code, Sections 13531 (b) and 20881 (b) , any area designated in the General Plan of the City of Palm Springs as a scenic corri- dor is exempt from the requirements of Sections 13531 and Section 20881 of the Business and Professions Code of the State of California. 3. Signs for Large Scale Commercial and Industrial Centers. In addition to the sign area allowed for individual businesses, shopping centers in excess of three and one-half (33i) acres of land shall be allowed one (1) identification sign on each street frontage. Such signs shall not extend beyond the property line or ' into the right-of-way and shall be used solely to identify the shopping center. The allowable sign area shall be based on ten (10) square feet of sign per acre to a maximum area of fifty (50) square feet per face. Signs shall not exceed a maximum height of eight (8) feet. 4. Free Standing Signs. Except as otherwise provided herein, free standing signs shall be prohibited on a single parcel of property containing more than one business. Where authorized for a single business, a free standing sign shall not be located within the public right-of-way and shall not exceed twelve (12) feet in height unless otherwise restricted in this section. Free standing signs shall be subject to all other provisions of this Section. 5. MAJOR STORES NOT HAVING STREET FRONTAGE. Retail establishments which have a floor area in excess of fifty thousand (50,000) square feet and are so located within a shopping complex that they are not afforded street frontage shall be allowed signs as follows: a. One (1) single-face sign per major or secondary street frontage, not to exceed fifty (50) square feet in area per store affected. Said sign shall be allowed for no more than two (2) street frontages. b. The location of said signs shall be determined by the Plan- ning Commission and shall be located in an area which is in accordance with the provisions intent of this Ordinance and, in the opinion of the Planninq Commission, in keeping with the architectural design of the shopping center. Or•d. No. -1237 Page 8 6. Sign Pro ram for Multi-Tenanted Buildings. Sign programs shall be required -or aT'bui dings with more than one tenant. Sign pro- grams shall remain in force until a new program is submitted and approved. Signs within approved sign programs shall be required to obtain permits, submit applicable fees and shall be in con- formance with the approved sign program. Appearance before the Planning Commission is not required unless so determined by the Director of Community Development. Sign programs shall integrate with the architecture of the building complex, including such elements as size, color, location, and construction material . A sign program may be approved which varies from the specific limitations of the sign ordinance if the Planning Commission finds that unusual circumstances such as architecture and site design are present. 7. Colex_Identification Signso in addition to main identification signs allowed under this chapter for individual businesses, a separate sign identifying a building or complex of businesses may he allowed as part of an approved sign program (see section 9320.05.C.6) . This sign shall not exceed 20 square feet unless no individual tenant signs are included in the sign program in which case the sign area may be based on the frontage formula. Such a sign may be free standing. B. Special Sign Districts. Nothing in this section shall prohibit the City Council from adopting special sign districts as part of a Specific Plan, Redevelopment Plan, Planned Development District or the like when special sign provisions are necessary or appropriate I o implement General Plan provisions and goals. 1 SECTION 9320.06 PERMITTED SIGNS - APARTMENTS, HOTELS, AND RESIDENTIAL TRAILER PARKS This Section shall be applicable to apartments, hotels, resort hotels, residential riobile home parks, and miscellaneous businesses and uses allowed in residential zones. Ao Blain Soso 1. Apartments, Hotels, Condominium Complexes. and Residential Trailer Parks. Apartments, hotels and residential trailer parks shall be allowed a basic sign of twenty (20) square feet, plus one (1) additional square foot of sign area for each separate rental unit to be encompassed in the sign. A separate rental unit as used herein shall mean each room or combination of rooms for which a separate lodging charge is made. Such signs shall include in their design layout all accessory service signs. The total sign area for this use shall not exceed a maximum of fifty (50) square Feet. The criteria to be used in designing and locating these signs shall be those of proportion, simplicity, utility and compatibility with surrounding uses and development. 2. Resort Hotels . Resort hotels as defined in the Palm Springs Zoning Ordinance, shall be allowed a single sign of one and one- half (1z) square feet per separate rental unit, to a maximum of 300 sq. ft. The sign area provided in this Section shall include, but not be limited to, accessory service signs and Attraction Boards. The criteria to be used in designing and locating these signs shall be those of proportion, simplicity, utility and compatibility with surrounding uses and development. 3. Other Uses Allowed in a Residential Zone. One identification sign not exceeding twenty 20 square feet in area shall be per- mitted for an authorized use (churches, clubs, stables, and the like) . Such use shall be separate and not in conjunction with a permitted hotel or apartment use. Such signs shall be subject to all other applicable restrictions of this Section. Ord. No. 1237 Page 9 B. Accessory Signs. 1. Attraction Boards for Hotels/Resort Hotels. An attraction board may be included in the design and allowable sign area for a hotel/resort hotel that has accessory commercial uses, subject to its location and design being approved as provided herein. a. The attraction board shall be designed and located so that it is made an integral part of the principal sign, except if the principal sign is designed and located on a building in such a manner that an attached attraction board would detract from the appearance of said sign, a detached attraction board may be required. 1) That the size of a detached attraction board shall be counted as part of the total allowable sign area. b. The copy on the attraction board may be changed at intervals of fifteen (15) minutes or greater. 2. Additional Signs - Resort Hotels. In addition to other signing allowable under this section, a separate sign up to 20 sq. ft. may be approved for a restaurant within a hotel if the restaurant has a separate entry. The sign shall be located at the restaurant entry. 3. Vacancy Signs. Vacancy signs not exceeding 5 sq. ft. may be per- mitted at the office entrance. C. Special Provision. 1. Free Standing Signs. Free standing signs for apartments, hotels, resort hotels and residential trailer parks shall not be located on the public right-of-way and shall not exceed twelve (12) feet in height for resort hotels or eight (8) feet in height for hotel and other uses. Only one free standing sign may be allowed on a corner parcel . SECTION 9320.07 PERMITTED SIGNS - REAL ESTATE 1. Sale, Lease or Exchange Signs not Including Single Family Property. During the period of time when realty is offered for sale, lease., or exchange, one (1) sign so indicating may be located on the property by the owner or his authorized agent, subject to the following provisions: a. The size of the sign shall not exceed six (6) square feet for properties up to one acre in size, or 12 sq. ft. for properties in excess of one acre. No sign shall be longer than 4 ft. in any direction. b. The sign shall be single-fared and the colors including logos shall be an ivory background with brown letters. C. The overall height of the sign shall not exceed five (5) feet and the sign face shall be: parallel with the street. d. The information displayed on the sign shall include the following: 1. That the property is for sale, lease, or exchange by the owner or his agent; 2. The owner' s or agent' s name; and Ord. No. 1237 Page 10 3. The owner' s or agent' s address and telephone number. e. MULTI-TENANTED BUILDINGS. In addition to the signage allowed under Section 9320.07-1, one (1) Sale, Lease, or Exchange sign shall be permitted for each space or unit in a multi-tenanted building subject to the following provisions: 1. Such sign shall be placed in the windows of the space or if there is no window, adjacent to the door. The sign shall not exceed two (2) square feet. 2. The information displayed on the sign shall include the following: a. That the property is for sale, lease, or exchange by the owner or his agent; b. The owner's or agent' s name; and C. The owner' s or agent' s address and telephone number. 3. The colors including logos shall be an ivory background with brown letters. 4. Such signs shall not be visible from the public right- of-way unless located at least fifty (50) feet from such right-of-way. 2. Sale, Lease or Exchange Signs For Single Family Property. During the period of time when realty is offered for sale, lease, or exchange, one (1) sign so indicating may be located on the property by the owner or his authorized agent, subject to the following provisions: a. The size of the sign shall not exceed two (2) square feet. b. The sign, including logos, shall be single faced and shall be an ivory background and brown lettering. C. The overall height of the installed sign shall not exceed three (3) feet from the ground, and the sign face shall be parallel with the street. d. The information displayed on the sign shall include the following: 1. That the property is for sale, lease, or exchange by the owner or his agent; 2, The owner' s or agent' s address and telephone number. e. One (1) small added sign, commonly referred to as a "rider" sign not to exceed 5" x 16", single faced with ivory back- ground and brown letters may be attached to the bottom of the above Sale/Lease/Exchange sign indicating: (a) BY APPOINTMENT ONLY (b) DO NOT DISTURB (c) FOR LEASE (d) SOLD (e) RADIO REALTY INFORMATION Ord. No. 1237 Page 11 3. O�cn House Signs. in addition to the above real estate Sale/Exchange signs in items 1 and 2, one (1) "Open House" sign may be permitted only during the time an owner or owner' s agent is on the premises, subject to the following provisions: a. Such signs shall be permitted only during the hours from 8:00 a.m, until sunset. b. The size of the sign shall not exceed two (2) square feet. C. The sign may be double-faced and the colors shall be an ivory background and brown lettering. d. The overall height of the installed sign shall not exceed three (3) feet from the ground. e. The sign shall be located on the property being offered for sale only. 4. Vacant Lots and Land Not Including Si221 e-Family Pro ems. During to period of time when realty is offered for sa e, lease or exchange, one (1) sign so indicating may be located on the property by the owner or his authorized agent, subject to the following provisions: a. The size of the sign shall be governed by the size of the property as follows: (1) For lot sizes less than 40,000 square feet, the size of the sign shall not exceed six (6) square feet. (2) For lot sizes 40,000 square feet or greater, the size of the sign shall not exceed twelve (1.2) square feet. b. The information displayed on the sign shall include the following: (1) That the property is for sale., lease, or exchange by the owner or his agent; (2) The owner' s or agent' s name; and (3) The owner' s or agent' s address and telephone number. C. The colors including logos shall be an ivory background with brown letters. 5. Land Subdivision Signs In-lieu of, but not in addition to any other sale, lease, or exchange sign permitted under this Ordinance, signs advertising land subdivisions shall be permitted upon recordation of the final subdivision map subject to the following provisions: a. One (1) double-faced sign as follows: (1) The size of the sign shall not exceed twenty (20) square feet per side, and the sign may be perpendicular to the street; or b. Two (2) single-faced signs as follows: (1) The size of each sign shall not exceed twenty (20) square feet and the signs shall be parallel to the street. Ord. No. 1237 Page 12 (2) Such signs shall be a minimum of two hundred (200) feet apart. (3) Placement of such signs shall be approved by the Director of Community Development. C. Such signs shall not be illuminated. d. Such signs shall be removed at the end of one (1) year from date of erection, or when ninety (90) percent of the subdi- vision is sold, whichever occurs first. SECTION 9320.08 PERMITTED SIGNS - TEMPORARY 1. Political Sign Regulations. Candidates/applicants for political signs shall comply with the following requirements: a. Such signs shall not exceed five (5) square feet in area. b. Campaign headquarters/window signs shall be limited to one sign per street front, not to exceed twenty (20) square feet or twenty percent of the total window area, whichever is less. C. Such signs shall not be located in the public right-of-way and shall not be affixed to trees or public utility poles. d. No political campaign signs shall be posted until thirty (30) days prior to the election and all political signs I shall be removed within five (5) days after each election date. 2. Construction Signs for Future Buildings In-lieu of, but not in addition to any other sale, lease or exchange sign permitted under this Ordinance, sign(s) advertising future buildings may be erected only after a building permit has been issued and shall be subject to the Following provisions: a. The size of the sign shall not exceed a maximum of thirty- two (32) square feet per street frontage. b. Sign(s) shall be located within subject property lines and shall be parallel to the street. C. All construction or lease potential signs shall be removed at the end of one (1) year from the date of the certificate of occupancy, or when 90% of the development is leased, whichever occurs first. 3. Identificat.ion Signs. A temporary identification sign may be permitted for a period of up to thirty (30) days if an application for a permanent sign has been submitted. An extension of time may l be granted for an additional thirty days. The size of the sign shall be consistent with the limitations for permanent signs. 5. Sale Signs. W°nile a sale of goods or services is being conducted, ®ne (1) sale sign is permitted per• street frontage and must be displayed at least one (1) foot behind the glass line of the show window. Said sign(s) shall not exceed five (5) square feet per sign per street front. Sale signs shall not require a permit. Ord. No. 1237 Page 1.3 6� Grand Opening Signs. A grand opening sign shall be permitted for a new or reocated business within the City. Such signs shall be permitted for seven (7) consecutive clays and shall not exceed ten (10) square feet in size. No other attention attraction devices shall be permitted. A permit for such signs shall be required. 7. Real Estate Auction Signs. In addition to other permitted signs, one sign advertising an auction of real estate property may be permitted on the subject property. Said sign shall not exceed twenty (20) square feet and shall be removed at the close of business on the day of the auction. Said sign shall not be displayed prior to 30 days before date of auction. SECTION 9320.09 GENERAL PROVISIONS The following general sign usage provisions and regulations shall apply. The additional sign usage authorized hereunder shall be strictly construed in its application. A. PROCEDURES 1. Compliance With Section: Nuisance: Abatement. The City Council hereby determines that the public peace, safety, morals, health, and welfare, require that all signs and advertising structures heretofore constructed or erected in violation of any ordinance of the City of Palm Springs in effect at the time such sign was constructed or erected, be and are hereby made subject to the provisions of this Section. Such signs shall be made to conform and comply with this Ordinance as soon as reasonably possible after the effective date of this Ordinance. All signs and adver- tising structures which are not made to conform and comply within a reasonable time shall be and are hereby declared to be public nuisances and may be abated in the manner provided, 2. Removal and Amortization Schedule. Any sign which is non- conforming to the requirements of this Chapter, either by variance previously granted or by conformance to the existing sign regulations at the time the initial permit for said sign was issued, shall either be removed or brought up to Code requirements within the period of time prescribed herein dating from the effective date of this Ordinance. Such non-conforming signs may be abated forthwith upon the payment of the cost of removal and the remaining value of said sign, as determined from the cost of the permit and based upon a depreciation schedule for such sign as follows: AMORTIZATION SCHEDULE PERMIT VALUE OF SIGN AMORTIZATION SCHEDULE $10.00 or less Immediately $10.01 to $100.00 1 Year, $100.01 to $500.00 2 Years $500.01 to $750.00 3 Years I $750.01 to 1,000.00 4 Years $1,000.OI to $2,500.00 5 Years $2,500.01 to $5,000.00 7 Years $Over $5,000.00 10 Years 3. Notification. Any owner of a sign that is illegal , abandoned, non-maintained, or is not in compliance with the requirements of this Chapter shall be notified by the Director of Community Development. Such notification must be by registered or certified mail and list the specific areas of non-compliance. Ord. No. 1237 Page 14 4. Appeal . Any applicant or aggrieved person denied approval of a sign by the Director of Community Development shall be advised that said application may be placed on the Planning Commission agenda for re-consideration of denial . . The decision of the Planning Commission may be further appealed to the City Council pursuant to Chapter 2.05 of the Palm Springs Municipal Code. 5. Specaal Permits. Nothing herein contained shall prevent the City Co6-FE 1 from granting a temporary special permit or other- wise permitting, on such terms as it may deem proper, signs adver- tising or pertaining to any civic, patriotic or special events of general public interest which takes place within the City when it can be found that such signs will not be materially detrimental to the public welfare, interest or safety, nor injurious to adjacent property. 6. Approval and Permits Required. Review and approval by the Planning Commission shall be required for the design and location of signs in excess of thirty (30) square feet. All other signs shall be approved by the Director of Community Development, except that either the applicant or the Director, of Community Development may request review by the Planning Commission. Sign permit fees shall be established by resolution of the City Council . A double permit fee shall be assessed if the installation of a sign is commenced before obtaining a permit. Permits shall be required For the installation of all signs except real estate signs of two (2) square feet or less, sale signs and political signs. 7. Variances- The provisions of Section 9405.00 of the Zoning Ordinance shall apply. The Planning Commission may grant a sign variance based on findings which establish unusual or unique architectural or site plan features which are present and limit the applicability of the provisions of this section to a particular property, building, or store and where the intent of this section is fulfilled. B. SAFETY le Signs r"or_ Public Safe y and Convenience. When deemed necessary, the Director of Community Development may authorize and approve signs not to exceed five (5) square feet per face to serve the public safety or convenience, such as "Entrance" signs, "Exit" signs, and "Parking" signs, 2. Proper Maintenance obis. The user, owner or lessee of a sign authorizers hereunder shall maintain it as approved in a safe, neat, attractive condition and in adequate repair. 3. Obstruction o`r Passage. Signs shall not be constructed so as to obstruct any door, window, or fire escape of any building. 4. "No Trespassing" Signs. A "No Trespassing" or "No Dumping" sign _ not exceeding three (3) square feet shall be authorized for each parcel of property in addition to other authorized signs and shall be designed and located thereon in a manner satisfactory to the Director of Community Development. 5. Glare from Signs. Illuminated signs shall be designed in such a manner as to avoid undue glare or reflection of light onto private property in the surrounding area or right-of-way and shall be erected and located in a manner satisfactory to the Director of Community Development. The intensity of lighting of sign may be reviewed in the field by the Director of Community Development who may require the reduction of intensity. Ord. No. 1237 Page 15 6. Location of Right Angle Signs. Right angle signs on faces of boiTdings shall' not extend over eighteen (18) inches beyond the face of the building where located unless supported on a marquee. Right angle signs shall be seven (7) 'Peet or higher above the sidewalk or the right-of-way. Right angle signs supported by posts or standards shall not extend beyond the property line or into the public right--of-way. 7. Exceptions. Nothing herein contained shall prevent the erection, construction or maintenance of official traffic, fire and police signs, signals, devices and markings of the California Transporta- tion Department, the City Council or of other competent public authorities, or the posting of the notices required by law. All signs located in any public right-of-way shall require approval by the Community Development Director. C. OTHER 1. 5i nq s for Public and Quasi-Public Uses. Directional and public convenience signs for public and cluasi-public uses may be per- mitted on public property. The design must conform to standard directional sign specifications promulgated by the Director, of Community Development and approved by the Planning Commission. The total number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the Director of Community Development. 2. Color of Signs. All signs regulated by this Section shall contain no more than four (4) colors. Black and white shall be considered as colors. 3, Suns can Awnings., etc. Painted, non-illuminated or indirectly lighted signs may be permitted on the borders of marquees, cano- pies, awnings, umbrellas or similar structures or attachments if located and erected in a manner satisfactory to the Director of Community Development. Such signs shall be included in the total authorized sign area. 4. Signs on Vehicles. No person shall drive, operate, move in and along, or park on any street or on public or private property, any truck, trailer, carriage, wagon, sled or other vehicle on which is attached or maintained any sign displaying any commercial or non- commercial advertising matter, except for the following: a. The driving, operation and movement of vehicles displaying political campaign advertisements for candidates for public office and ballot measures, provided the same is not other- wise prohibited by this Section. b. The identification of a business enterprise upon a vehicle used primarily for the purpose of and in the usual business of the owner for transporting or servicing goods or persons for commercial or other business purposes, provided that the identification is painted on or otherwise affixed so as not to project from the usual profile of the vehicle. C. The incidental display of non-commercial stickers, plates, license plate brackets, and 'the like; or of customary small identifications on license plate brackets or elsewhere, of vehicle manufacturers, models or types of vehicles, or dealers or entities from whom vehicles bearing the same were purchased or otherwise obtained. d. A single isolated movement of a sign or sign equipment or materials from one place to another within the City. Ord. No., 1237 Page 16 e. Vehicles located on construction sites that are directly involved with ongoing construction. The parking of any such vehicle on any street or on public or private property, or the movement of any such vehicle in and along any street for the sole or primary purpose of displaying advertising matter is declared to be a nuisance and a violation of this Sec- tion. 5. M�iplp e Frontage Lots. All sign areas allowed in this Section shall be allowed on each street frontage of a multiple frontage lot provided that the same use of the property extends through from street to street. Consolidation of sign areas permitted on each frontage to one sign is prohibited. Total sign areas as established elsewhere in this Section shall supersede this item. SECTION 2. 9100.09.A.153 is hereby amended to read as follows: Sign. See Section 9320.03.21. SECTION 3. Sections 9201.03.L, 9202.03.L, 9203.03.L, 9205.03.1-, 9206.03.L, 9207.03.L, 9209.03.1(, 921.0.03.1K, 9213.03.G, 9214.03.J, 9215.03. 1, 9216.03.1, 9217.03.J, 9218.03.1, 9219.03.1, 9220.03.J, 9221.03.J, 9222.03.J, 9224.03.K, 9225.03.L, 9227.03. 1. and 9229.03.F. are hereby amended to read: Signs. The provisions of Section 9320.00 shall apply. SECTION 4. Sections 9208.03.L., 9211.03.N. and 9223.03.L. are hereby added to read: Signs. The provisions of Section 9320.00 shall apply. SECTION 5. Sections 9210.01.A.2.b. and 9211.01.A.4.b. are hereby deleted. ` SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect Ithirty (30) days after passage. SECTION 7. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this _3rd day of April 1985. AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None AITE ' CITY OF PALM SPRINGS, CALIFO _ e`7� `t— �T� City Clerk Mayo REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1237 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 3rd day of April , 1985, and that a summary of same was published in THE DESERT SUN, a newspaper of general circulation, on March 13 and April 13, 1985. /, (—'\))J11UDI-1'H SUMICH City Clerk ORDINANCE 1238 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6. 04 OF THE PALM SPRINGS MUNICIPAL CODE TO PROVIDE FOR COLLECTION OF DELINQUENT REFUSE COLLECTION FEES OR CHARGES BY ADDING THE SAME TO THE PROPERTY TAIL ]SILL FOR TIME PROPERTY SERVED. THE CITY COUNCIL OF THE CITY" OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION to Section 6 . 04 .215 is hereby added to Chapter 6. 04 of the Palm Springs Municipal Code to read as follows: 116. 04 . 215. Delin uken't Fees and Chat-ges--•Alterrnative Method of Collection. Any fees or charges for refuse collection service which remain unpaid for a period of sixty or more days after the date upon which they were billed may be collected thereafter in the manner ;provided in Government Code Sections 25831 and. 38790. 1. T"ne remedy provided by this section is cumulative and alternative to any other method of collection of such delinquent fees and charges. " SECTION 2 . EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) day after passage. SECTION 3 . PUBLICATION. The City Clerk is hereby ordered. and directed to certify to the passage of this ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED 'this 17th day of April , 1985 AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES : None ABSENT, None A'1TES' � CITY OF PALM SPRIN "CALIFORNIA Bk ity Cleric � Mayor REVIEWED & APPROVED:_A I HEREBY CERTIFY that the foregoing Ordinance 1238 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 17th day of April , 1985, and that same was published in THE DE i SUN, a newspaper of general circulation on May 1 , 1985. 9\ v JUDITH SUCH City Clerk ORDINANCE NO. 1239 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A PLANNED DEVELOPMENT DISTRICT IN-LIEU OF A CHANGE OF ZONE FOR A HOTEL ON THE SOUTHEASTERN CORNER OF INDIAN AND VISTA CHINO, SECTION 11, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1 , Pursuant to Section 9406.00-B-5d of the Palm Springs Zoning Ordinance, the official Zoning Map of the City of Palm Springs, referred to herein, is hereby amended as follows: Planned Development District in-lieu of change of zone. The parcel of property legally described in application 5.0352 is approved as a Planned Development District 166 specifically for a 105 room hotel in accordance with preliminary plot plan on file in the Department of Community Development, Case 5.0352-PD-166. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. EXPIRATION. This Ordinance shall expire without further action on the part of the City Council six months after the approval , by resolution, of final development plans by the City Council unless the project has commenced construction or an extension of time has been granted by the City Councils 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 1st— day of May -, 1985. AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT:None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk ay �.REVIEWED eo APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1239 was duly adopted by the City Council Iof the City of Palm Springs, California, in a meeting thereof held on the lst day of May, 1985 and that same was published in THE DESERT SUN, a newspaper of general circu- lation on May 10, 1985. JUDITH SUMICH City Clerk i R --------------- ry N z�l _. 14 Fi00Pv9 PEz°>0�$T EVO�EL" STORIES NOTE : SETBACKS TO FACE OF BUILDING - ( EX0Ll� f ING FATi 10SD - - 00 SOU p y C !� 1 Are fit- 3 R-3 La vizw� �7' Y AND Llk J ~�'�L � I�i50HWV0'�v� uiwe�E9CT w i J uonr[ C MY OF PALM SPRINGS m4,Sls t''J 5A392-Pul-165 APPROVED OV PLAN. COUM DATE APIPUGAkV—'I--r � arh uPRtlG�rtl��u-c� AF G�tda9C�F� f�V G�9Q96�G E dAV r�LS5 REMARKS ect-,oiro `3T-- ORD. NO. 1239 RESOL. NO. ORDINANCE NO. 1240 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING FORTH PROVISIONS FOR THE USE OF DEVELOPMENT AGREEMENTS, CITYWIDE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTIONI 1: SECTION 9408.00 OF THE ZONING ORDINANCE IS HEREBY ADDED AS FOLLOWS: SECTION 9408.00 DEVELOPMENT AGREEMENTS 1. Authority for Adoption. These regulations are adopted under the authority of Government Code "2 65864 through 65869.5. 2. Forms and Information. a) The Director of Community Development or his authorized representative (Director) shall prescribe the form of each application, notice and documents provided for or required under I these regulations for the preparation and implementation of development agreements. b) The Director may require an applicant to submit such information and supporting data as the Director considers necessary to process the application. 3. Fees. The City Council shall by separate resolution fix the schedule of fees and charges imposed for the filing and processing of each application and document provided for or required under these regulations. 4. Applicant and Other Parties. a) AMlicant. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes an authorized agent. The Director may require an applicant to submit proof of his interest in the real property of the authority of an agent to act for the applicant. b) Other Parties. In addition to the City oi- Palm Springs and the property owners, any federal , state or local governmental agency I or, body and any other private party may be included as a party to any development agreement. 5. Proposed Terms of Agreement. Each application shall identify all the proposed parties and shall include the general terms and conditions proposed by the applicant to be contained in the development agreement. Ord No. 1240 Page 2 6. Review of Application. The Director shall endorse on the application the date it is received. He shall review the application and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete, he shall accept it for filing. 7. Contents of Development Agreement A development agreement shall specify the duration of the agreement, the proposed uses of the property, the density or intensity of use, the max- imum height and size of proposed buildings, and provisions for reserva- tion or dedication of land for public purposes. The development agree- ment may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. 8. Public Hearing. A public hearing on an application for a development agreement shall be held by the Planning Commission and by the City Council . 9. Notice. The Director shall give notice of intention to consider adoption of I development agreement and of any other public hearing required by law or these rules. a) -orm of Notice. The form of the notice of intention to consider adoption of development agreement shall contain: '1 ) The time and place of the hearing; 2) A general explanation of the matter to be considered including a general description of the area affected; and 3) Other information required by specific provisions of these regulations or which the Director considers necessary or desirable. b) Time and Manner of Notice. 1) Publication or Posting. The notice shall be published at Yeast once in a newspaper of general circulation, published and circulated in the City of Palm Springs, or if there is none, posting in at least three (3) public places in the City of Palm Springs. 2) The notice shall be mailed to all persons shown on the last equalized assessment roll as owning real property within 400 feet of the property which is the subject of the proposed development agreement. If the number of owners to whom notice is to be mailed is greater than 1,000, the Director may as an alternative provide notice in the manner set forth in Section 65854.5(b) of the Government Code. c) Declaration of Exisl'ii-ig Law. The notice requirements referred to in subsections a and (b) , above, are declaratory of existing law (Government Code J 65867 and 3c3 65854, 65854.5 and 65856 as incor- porated by reference) . If state law prescribes a different notice requirement, notice shall be given in that manner. Ord No. 1240 Page 3 d) Failure to Receive Notice. The failure of any person entitled to notice required icy Taw or these regulations to receive notice does not affect the authority of the City of Palm Springs to enter into a development agreement, 10. Rules Governinq Conduct of clearing. The public hearing shall be conducted in accordance with the procedure for the conduct of zoning hearings as set forth in Sections 9406.00 and 9406.OL Each person interested in the matter shall be given an oppor- tunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement. The public hearing may be held concurrently with the public hearing for consideration of any other approval . 11. Irregularity in Proceedings. No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by any court by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to petition, application, notice, `inding, record, hearing, report, recommendation, or any matters of pro- cedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error com- plained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury resulted if error is shown. I 12. Determination by Planning Commission. a) Purpose and Use. The Planning Commission may approve use of a development agreement as a method of implementing any discre- tionary approval of the Planning Commission including: 1) Rezoning; 2) Issuance of a conditional use permit; 3) Conditions imposed upon approval of a permit after discre- tionary review; 4) Conditions imposed in connection with the adoption of any specific plan; 5) Conditions -imposed in any planned development district; and /or 6) Site-specific conditions imposed in any other district; and/or 7) Mitigation measures imposed upon a project after approval of an environmental impact report in which such mitigation measures have been proposed as a mechanism for eliminating or reducing environmental impacts. b) Recommendations to City Council . After the hearing by the Planning Commission, the Planning Commission shall make its recom- mendation in writing to the City Council . The recommendation shall include the Planning Commission's determination whether or not the development agreement proposed: 1) is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; 2) Is compatible with the uses authorized in, and the regula- tions prescribed for, the land use district in which the real property is located; Ord No. 1240 Page 4 3) is in conformity with public convenience, general welfare and good land use practice; 4) Will be detrimental to the health, safety and general welfare; 5) Will adversely affect the orderly development of property or tine preservation of property values. 13. Derision by City Council . a) Action by City Council . After the City Council completes its public hearing, it may approve or disapprove the recommendation of the Planning Commission. The City Council shall refer matters not previously considered by the Planning Commission during its hearing and any proposed modifications to the development agree- ment back to the Planning Commission for report and recommenda- tion. The Planning Commission may, but need not, hold a public hearing on matters referred back to it by the City Council . b) Consideration with General and Specific Plans. The City Council may not approve the development agreement unless it finds that t'ne provisions of the agreement are consistent with the general plan and any applicable specific plan. c) Approval of Development Agreement. If the City Council approves the development agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development agree- ment takes effect, the City Council may enter into the agreement. 14. Amendment and Cancellation of Agreement by Mutual Consent. The procedure for proposing and adoption of an amendment to or cancell- ation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance. 15. Recordation of Development Agreement, Amendment or Cancellation. a) Within ten (10) days after the City Council enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder. b) If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code § 65868, or if the City Council terminates or modifies the agreement as provided in Government Code § 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement the City Clerk shall have notice of such action recorded with the County Recorder. 16. Periodic Review. a) Time for and Initiation of Review. The Director shall review compliance by the property owner under the development agreement every twelve (12) months from the date the agreement is entered 1nt0. b) Public Hearing. If the Director finds substantial evidence that the property owner under the development agreement has not complied in good faith with the terms and conditions of the development agreement the Director shall request that the Planning Commission conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the development agreement. The burden of proof of compliance by the property owner is upon the property owner. Ord No,. 1240 Page 5 c) Findings Upon Public Ffearing. The planning Commission shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the development agree- ment. 17. Procedure Upon Findings. a) Finding of Compliance. If the Director after his review or the Planning Commission after a hearing determines that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review For that period is concluded. b) Finding of Failure of Compliance. If the Director after his review and the Planning Commission after hearing determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agree- ment during the period under review, the Planning Commission may modify or terminate the agreement. The property owner may appeal such determination to the City Council pursuant to Chapter 2.05 of the Palm Springs Municipal Code. 18. Proceedings Upon Modification or Termination For Noncompliance. if, upon a finding under 15(b) above, the Planning Commission determines to proceed with modification or termination of the agreement, the Director shall give notice to the property owner of its intention so to do. The notice shall contain: 1) The time and place of hearing; 2) A statement as to whether or not the Planning Commission proposes to terminate or to modify the development agree- ment; 3) Other information which the Director considers necessary to inform the property owner of the nature of the proceeding. 19. I-fearing on Modification or Termination For Noncompliance. At the time and place set for the hearing on modification or termina- tion, the property owner shall be given the opportunity to be heard. The Planning Commission may impose those conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the Planning Commission may be appealed to the City Council pursuant to Chapter 2.05 of the Palm Springs Municipal Code. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3o 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 -It; day of __May 1985. I AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORN' B.Y. += e City Clerk Mayo REVTEWE_G & APPROVED: { '44 � q� I HEREBY CERTIFY that the foregoing Ordinance 1240 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the lst day of May, 1985, and that same was published i ESER- SUN , a newspaper of general circulation on May 10, 1985. C e� CITY ('IFRk ORDINANCE NO. 1241 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING TITLE 9 OF THE PALM SPRINGS MUNICIPAL CODE AUTHORIZING WAIVERS OF PARCEL MAPS AND ISSUANCE OF CERTIFICAPES OF COMPLIANCE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. There is hereby added to the Palm Springs Municipal Code, Section 9.60.090 which is to read as follows: 9.60.090. CERTIFICATE OF COMPLIANCE. If a lot line adjustment approval is granted, a Certificate 61F Compliance shall be filed with the County Recorder, which certificate shall describe the real properties involved, name the owners thereof, and state that a lot line adjustment has been granted by action of the Director of Community Development, giving the date thereof. SECTION 2. Section 9.60.205 of the Palm Springs Municipal Code is hereby repealed. SECTION 3. Section 9.62.010 of the Palm Springs Municipal Code is hereby amended to read as follows: 9.62.010 TENTATIVE AND FINAL MAP. A tentative map and final map shall be required for all subdivisions where required by Government Code, Section 66426, subject to the exceptions set forth in said Section 66426. SECTION 4. There is hereby added to the Palm Springs Municipal Code, Section 9.62.015 which is to read as follows: 9.62.01.5 PARCEL MAP. A tentative parcel map and a parcel map shall be required for those subdivisions for which a tentative map and final map are not required by Government Code, Section 66426, except as provided in Section 9.62.070; provided, a tentative map and parcel map shall not be required for subdivisions created by short term railroad leases defined in Government Code, Section 66411, except as provided in that section. SECTION 5. There is hereby added to the Palm Springs Municipal Code, Section 9.62.070 which is to read as follows: 9.62.070 WAIVER OF PARCEL MAP. Except where required by the S-ubdivision Map Act, no parcel -map need be filed or recorded provided that pursuant to the procedure set forth in Chapter 9.63, the Planning Commission finds and determines that the proposed division of land complies with all applicable requirements as to area, improvement and design, floodwater drainage control , appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and all other requirements of the Subdivision Map Act and any applicable provisions of this title. I SECTION 6. Chapter 9.63 of the Palm Springs Municipal Code is hereby amended by adding thereto Sections 9.63.160, 9.63.170, 9.63.180, 9.63.190, 9.63.200, 9.63.210, 9.63.220, 9.63.230, 9.63.240, 9.63.250, 9.63.260, 9.63.270, and 9.63.280, which sections are to read as follows: 9.63.160 APPLICATION. An application for a waiver of a parcel map, pursuant to section 9.62.015 shall be filed on forms and accompanied by such data and information as may be prescribed by the Director of Community Development together with an approved description of the real property involved. Ord No. 1241 Page 2 9.63.170 REFERRALS. Copies of the application may be referred to other appropriate City departments or other public or private agencies affected, together with a request for a written recommendation to be returned to the Director within fifteen working days. Failure to submit such written recommendations may be deemed approval of the application. 9.63.180 PLANNING COMMISSION ACTION. A. The Planning Commission shall consider the application within forty-five days after the filing of the application. The Planning Commission may grant the application provided that it finds that the proposal complies with applicable requirements as to area, general plan, improvements and design, floodwater drainage control , appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental proteciton, and other requirements of this title. The time limit for action may be extended by mutual consent of the subdivider and the Director. B. if a parcel map waiver approval is granted, a Certificate of Compliance shall be filed with the County Recorder, which certifi- cate shall describe the real properties involved, name the owners thereof, and state that a parcel map waiver has been granted by action of the Planning Commission, giving the date thereof. 9.6'3.190 APPROVAL AND ISSUANCE OF CERTIFICATE OF COMPLIANCE. When approval has been given to an application for waiver of the requirement of a parcel map, then concurrently therewith or at any time thereafter, at the request of the owner of the property, the Director may issue a Certificate of Compliance; and if it is issued, the City shall cause the Certificate of Compliance to be filed for record with the recorder of Riverside County. The Certificate of Compliance shall be substantially in accordance with the form of certificate on file in the office of the Director. 9,63.200 AUTHORITY OF DIRECTOR, The Director is delegated the authority for the issuance of Certificates of Compliance pursuant to the provisions of Section 66499.35 of the Subdivision Map Act and this chapter. 9.63.210 REQUEST. Any person owning real property may request the issuance of a Certificate of Compliance stating that such real property (or any division thereof) complies with the provisions of the Subdivision Map Act and of local ordinances enacted pursuant thereto. Such request shall be filed with the Director upon such forms and accompanied by such information as may be prescribed by the Director. 9e63.220 ISSUANCE. Within thirty days after filing of a request by a Property owner for the issuance of a Certificate of Compliance, unless such time is extended by agreement with the property owner, the Planning Commission shall determine whether or not such real property or the division thereof complies with the provisions of the Subdivision Map Act and of local ordinances enacted pursuant thereto, applicable to the property at the time of the division thereof. '9.63.230 FILING WITH COUNTY RECORDER. Upon making a determination of :such compliance, the Director shall cause a Certificate of Compliance to be filed for record with the recorder of Riverside County. The Certificate of Compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of the Subdivision Map Act and of local ordinances enacted pursuant !thereto:. To cover the cost of issuing and recording the certificate of compliance or a conditional certificate of compliance, a fee as estab- lished by resolution of the City Council shall be imposed. Ad 313 AII3 � � 926L `OL npW uo uoLlrLno.Aro peaauab o aaaea -sMau e `NOS 123S 3H1 Lgnd sPM awes legl PUP `Gsrri ;kVII f_ Ord No. 1241 Page 3 9.63.240 IMPOSITION OF CERTAIN CONDITIONS. If the Planning Commission determines that such rea property does not comply with the provisions of the Subdivision Map Act or of local ordinances enacted pursuant thereto, applicable to the property at the time of the division, the Planning Commission may, as a condition of granting a Certificate of Compliance, impose any of the conditions permitted under Section 66499.34 of the Subdivision Map Act and issue a conditional Certificate of Compliance in lieu of the Certificate o1 Compliance. The conditional Certificate of Compliance shall be substantially in the form of a conditional certificate on file in the office of the Director. Such conditions may be fulfilled and implemented by the property owner who has applied for a certificate of compliance or by a grantee of such property owner. If such conditions are not fulfilled and implemented by the applicant, property owner or the grantee, the conditional certificate of compliance shall have no force or effect upon any subsequent transfer of the property and any subsequent transferee or assignee shall make a new application for a certificate of compliance pursuant to this chapter. The Commission may impose such conditions as would have been applicable at the time such assignee or transferee acquired the property. Where a certificate of compliance is granted subject to conditions, the applicant may request the recordation of a conditional certificate of compliance in which case a final certificate of compliance shall be recorded when all conditions have been fulfilled and implemented as determined by the Commission. 9.63`.260 FINAL MAP OR PARCEL MAP CONSTITUTES CERTIFICATE WHEN. A recorded fina subdivision map or pa cel map shall constitute a Certificate of Compliance with respect to the parcels of real property described therein except that if certain conditions required by the Planning Commission at the time of the division of the land have not been met, then the Director of Community Development may require that those conditions be noted on the face of the subdivision or parcel map or a note referencing the conditions imposed by the Planning Commission will be placed on the maps. 9.63.270 FEE FOR FILING AND RECORDING. 'When there has been compliance with the conditions noted on the parcel map or subdivision map, the owner of the property may request that a certificate of compliance be issued and filed for record. To cover the cost of issuing and recording the certificate of compliance, a fee established by resolution of the City Council shall be imposed by City. 9.63.280 ISSUANCE WHEN APPLICATION F70R WAIVER OF PARCEL MAP APPROVED. Upon request of the owner of 1the property, a certificate of compliance may be issued and filed for record for any real property for which an application for waiver of the requirement of a parcel map has been approved under this chapter. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 8. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 1st day of May 1985. AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTE CITY OF PALM SPRINGS, CALIFORN Mayo ( Ci�y Clerk REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1241 was duly adopted by the City f +h, ri+v of Palm Snrinae California. in a meetinq thereof held on ORDINANCE NO. 1242 AN INTERIM ORDINANCE OF THE CITY OF PALM SPRINGS TO PROHIBIT THE INSTALLATION OF ANY SIGN WHICH UTILIZES NEON TUBES OR SIMILAR DEVICES FOR ILLUMINATION, AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds an alarming increase in the number of applications for neon signs and similar type signs in the City of Palm Springs. Because the City Sign Ordinance fails to provide adequate regulations and guidelines for these types of signs, their continued proliferation is creating an appearance to the city not in keeping with the Palm Springs image. Tourism is the primary industry for the City of Palm Springs. This industry has been successful because of the carefully preserved Palm Springs image. The City Council finds that the now existing proliferation of neon signs poses an immediate threat to the Palm Springs image and therefore to the public welfare and that continued approval and installation of such signs without adequate guidelines and regulation will result in a continued threat to the public welfare. Therefore the City Council declares it to be urgent that this ordinance become effective immediately upon adoption. SECTION 2 . The Planning Department and the Planning Commission, forthwith, intends to study and to promulgate recommendations for the control and regulation of neon signs and similar signs and to present these recommendations to the City Council for adoption. SECTION 3 . During the time this ordinance is in effect: (a) The Planning Department shall accept no application for a sign permit which proposed sign contains any neon tubing or similar devices. (b) Neither the Planning Commission nor the Planning Department shall further consider for approval any sign application previously submitted as set forth in (a) above. (c) The installation of any sign as described in (a) above is prohibited except when such sign has been previously Ord. No. 1242 Page 2 approved and the time to appeal such approval to the City Council has expired before the effective date of this ordinance. SECTION 4 . EFFECTIVE DATE: This ordinance shall be in full force and effect iminediately upon adoption by at least four-fifths vote of the City Council and shall be of no further force and effect 45 days from its date of adoption except that before 45 days from its date of adoption the City Council, after notice pursuant to Government Code Section 65090 and public hearing, may extend the time •this ordinance will be in full force and effect for an additional 10 months and subsequently may extend this ordinance for additional one year. Any such extension shall also require a four-fifths vote of the City Council for adoption. SEC`1'ION 5. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 5th day of June 1985. AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS,___) LIF RNIA `City Clerk �— Mayi� REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1242 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 5th day of June, 1985 and that same was published in THE DESERT SUN, a newspaper of general circulation on June 12, 1985. -� JUDITH SUMICH City Clerk f ORDINANCE NO. 1243 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP FROM R-2, (MULTI-FAMILY RESIDENTIAL) TO P, (PROFESSIONAL) FOR 4.2 ACRES LOCATED ON THE NORTHEAST CORNER OF EL CIELO ROAD AND RAMON ROAD, SECTION 18. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to Section 9406.00 of the Palm Springs Zoning Ordinance, the official Zoning Map is hereby amended from R-2, (Multi-Family Residential ) to P, (Professional ) for property hereinabove described and as shown on Exhibit "A" attached and made a part thereof. 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 J unP , 1985. AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, BS/ City Clerk May REVIEWED & APPROVED: —A-AN�.., I HEREBY CERTIFY that the foregoing Ordinance 1243 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 5th day of June, 1985 and that same was published in THE DESERT SUN, a newspaper of general circulation on June 15, 1985. JUDITH SUMICH ICity Clerk J EXHIBIT A Parcels 1 and 3 of Parcel Map BIo. 7883 as recorded in Map Book 213 , Page 15 of Parcel Maps , Riverside County Recorder, State of California . Also known as Riverside County Assessor Parcel Nos . 677-280-008 and 009 . AND Parcels 2 and 4 of Parcel Map No . 7883 as recorded in map Book 25 , Page 15 of Parcel Maps , Riverside County Recorder , Stata of California. Also known as Riverside County Assessor Parcel Nos . 677-280-008 and 009 . 1 Ordinance 1243 A 280 , I PARCEL i PARCEL 3 1 . 00 AC. e r n R-2 Co R-2 PARCEL 4 3 . 22 AC . I n 0 to PARCEL 2 u R-2 R- 2 CITY _ OF PALM SPRINGS NO. _ 5.0343-CZ _ APPROVED By PLAN, COMM. DATE LICANT C ! Ci�lo 1t oci„ ;s I APPROVED BY COUNCIL DATE ORDINANCE NO. 1244 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE, 1984 EDITION, AND THE NATIONAL ELECTRICAL CODE, 1984 EDITION, AND ALL APPENDICES, TABLES, AND INDICES FOLLOWING; AND REPEALING THE LOCAL CODES SUPERSEDED THEREBY AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 8. 36.010 of the Palm Springs Municipal Code relating to electrical codes, is hereby amended to read as follows: 8.36.010 Uniform Administrative Code Provisions For the National Electrical Code - - Adopted. That certain Administrative Code, one 1 copy of which is on file in the office of the City Clerk of the City of Palm Springs, California, being marked and designated as "Uniform Administrative Code Provisions for the NATIONAL ELECTRICAL CODE, 1984 Edition," commencing with page 1 through page 15, inclusive, and each provision thereof except as amended herein, is hereby adopted as the Electrical Code Administrative Provisions 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 establish administrative provisions for the Palm Springs Electrical Code. SECTION 2. Section 8.36.020 of the Palm Springs Municipal Code relating to electrical codes, is hereby amended to read as follows: 8.36.020 Uniform Administrative Code Provisions For The National Electrical Code - - Additions, Deletions, and Amendments. The Uniform Administrative Code Provisions For the National Electrical Code adopted herein by reference is hereby amended by the following additions, deletions and amendments: Section 203 (deleted) , Section 303 (d) (amended) , Section 304 (a) (amended) , Sections 304 (b) (c) (d) (e) (deleted) , Table 3-A (deleted), in the following aspects: Delete Section 203 Board of Appeals. Amend Section 303 (d) Expiration. By substituting "120 days" Tor "180 days" where noted in this subsection. Amend Section 304 (a) Permit Fees. To read, "The fees for each permit shall be as set forth in the Palm Springs Comprehensive Fee Schedule. " Delete Sections 304 (b) Plan Review Fees, 304 (c) Expiration Of Plan Review, 304 d Investigation Fees, and 304 e Fee Refunds. Delete Table 3-A Electrical Permit Fees. SECTION 3. Section 8. 36.030 of the Palm Scorings Municipal Code relating to the electrical code, is hereby added to read as follows: 8. 36.030 National Electrical Code - Adopted. That certain Electrical Code, one (1 ) , copy of :which is on file in the office of the City Clerk of the City of Palm Springs, California , being marked and designated as "National Electrical Code, 1984 Edition," commencing with page 70-1 through page 70-737, 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, alteration, repair, use, and operation of electric wiring, connections, fixtures, apparatus, machinery, appliances, and other electrical devices on premises within the City of Palm Springs. Ordinance 1244 SECTION 4. Section 8. 36.040 of the Palm Springs Municipal Code relating to the electrical code, is hereby added to read as follows: 8.36.040 National Electrical Code - Additions, Deletions and Amendments. The National Electrical Code adopted herein by reference is hereby amended by the following additions, deletions and amendments: I Article 105 (added) , Article 106 (added) , Article 107 (added) , Article 230 (amended) , Article 305 (amended) , Article 353 (amended) , in the following aspects: 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. I (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 100 ampere main disconnect. (d) SERVICE LOAD. The main switch and/or distribution panel of a dwelling occupancy shall have an adequate capacity and space to carry the calculated load, plus an 8 KW future with four (4) spare spaces at the time of final inspection. The 8 KW load is not to 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 electrical 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 requirments. IARTICLE 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 enclosed in raceway and all connections shall be provided with approved aluminum termination devices. Ordinance 1244 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 305-6 - 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 - MULTIOUTLE:T 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 severe damage. SECTION 5. VALIDITY. If any section, subsection, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Palm Springs hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the clauses or phrases being declared invalid. SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 7. 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. Ordinance 1244 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 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 by the following vote, I to wit: ADOPTED this 3rd day of July 1985. AYES: Councilmembers Foster, Maryanov and Mayor Bogert NOES: None ABSENT: Councilmembers Birer and Smith ATTEST:__, CITY OF PALM SPRINGS,"CALTFORNI By City Clerk Ma:yor��/ REVIEWED AND APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1244 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 3rd day of July, 1985 and a summary of same was published in THE DESERT SUN, a newspaper of general circulation on June 17, 1985 and July 15, 1985. I OUDITH SUMICH " City Clerk I ORDINANCE NO. 1245 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 8 OF THE PALM SPRINGS MUNICIPAL CODE BY AMENDING REFERENCE TO THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE, AND THE NATIONAL ELECTRICAL CODE, TO REFLECT THE CURRENT 1984 EDITIONS. ES ORDAIN AS FOLLOWS: THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES SECTION 1 . Section 8.04.010 of the Palm Springs Municipal Code relating to building codes, is hereby amended to read as follows: 8.04.010 Incorporation by reference. The following Ordinances of the City relating to adoption of a building code are hereby incorporated herein by this reference and shall continue in effect until hereafter superseded, amended or repealed by proper authority. Ordinance No. 1245 Date Passed July 3, 1985 TITLE OF ORDINANCE An ordinance of the City of Palm Springs, California, adopting the Uniform Administrative Code Provisions For the National Electrical Code, and the National Electrical Cade, 1984 Editions, and all appendices, tables and indices following; and repealing the local codes superseded thereby and all ordinances and parts of ordinances in conflict therewith. Ordinance No. 1221 Date Passed: June 6, 1984 TITLE OF ORDINANCE An ordinance of the City of Palm Springs, California, adopting and amending the Uniform Building Code, 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. SECTION 2. Section 8.N .020 of the Palm Springs Municipal Code relating to building codes, is hereby amended to read as follows: 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 Buildings, 1982 Edition, the Uniform Solar Code, 1982 Edition, the Uniform Swimming Pool Code, 1982 Edition, the Uniform Administrative Code Provisions for the National Electrical Code, 1984 Edition, and the National Electrical Code, 1984 Edition, said Ordinance Nos. 1221 and and all amendments thereto, may be collectively referred to and cited as the "Palm Springs Building Code. " Ordinance 1245 t 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 3rd day of July 1985. AYES: Councilmembers Foster, Maryanov and Mayor Bogert NOES: None ABSENT: Councilmembers Birer and Smith ATTEST.: CITY OFF PALM SPRINGS, CALfdRNIA �'By 'y�i-''-;�_� �� / J Y2/`� —✓i /tea '��/ City Clerk Mayor REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1245 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held July 3, 1985 and that a summary of same was published in THE DESERT SUN, a newspaper of general circulation on June 17, 1985 and July 15, 1985. JUDITH SUMICH City Clerk ORDINANCE NO. 1246 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING CHAPTER 11.80 OF THE PALM SPRINGS MUNICIPAL CODE AND RE- ENACTING SAME, DECLARING ABANDONED VEHICLES TO BE A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 11.80 of the Palm Springs Municipal Code is hereby repealed in its entirety and re-enacted to read as follows: 11.80.01. Findinqs. In addition to and in accordance with the determination made and the authority granted by the state under Sections 22660 through 22664 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council hereby makes the following findings and declarations: The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property not including highways is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazardls, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property not including highways, except as expressly herein- after permitted, is a public nuisance which may be abated as such in I accordance with the provisions of this chapter. 11.80.020 Definitions. As used in this chapter: A. "Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel . "Highway" includes street. B. "Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll . C. "Owner of the vehicle" means the last registered owner and legal owner of record, D. "Public property" does not include "highway." E. "Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway except a device moved by human power or used exclusively upon stationary rails or tracks. "."."0 Applicability. This Chapter shall not apply to: A. A vehicle or part thereof which is completely enclosed within a building, or by a fence or wall , in a lawful manner where it is not visible from the street or other public or private property; or B. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard. This exception shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law. 11.80.040 Chapter not exclusive. This chapter is not the exclu- sive regulation of abandoned, wrecked, dismantled or inoperative vehi- cles within the City. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the state of any other legal entity or agency having jurisdiction. 11.80.050 Administration and enforcement. Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Director of Community Development of the City or other authorized city officer, except that the removal of Ord. No. 1246 Page 2 vehicles or parts thereof from property may be by any other duly authorized person. Any such authorized person may enter upon private property for the purposes specified in this chapter to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter. 11.80.060 Right of franchisee to enter private property. When the City Councilhas contracted with or granted a franchise to any person or persons to assist in the enforcement of this chapter, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. 11.80.070 Assessment of administrative costs. The City council shall from time to time determine and fix an amount to be assessed as administrative costs under this chapter. 11.80.080 Abatement authority. Upon discovering the existence of an abandoned, wrecked, or inoperative vehicle, or parts thereof, on private property or public property within the city, the Director of Community Development of the city or other authorized city officers, shall have the authority to cause the abatement and removal thereof in accordance with the procedure described in this chapter. 11.80.090 Ten-day notice required. A ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be issued unless the property owner and the owner of the vehicle I have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. Such ten-day notice of intention to abate shall be mailed by registered or certified mail to the owner of the land, as shown on the last equalized assessment roll , and to the last registered and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms: "NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of owner of the 'land) "As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to Section 11.80.010 of the Palm Springs Municipal Code, has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to license number which constitutes a public nuisance pursuant to the provisions of Chapter 11.80 of the Palm Springs Municipal Code as amended. 1 "You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the city and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts thereof) are located. "As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Clerk of the City of Palm Springs within such 10-day period, the Director of Community Development or other authorized city officer shall have the Ord. No. 1246 Page 3 authority to cause the abatement and removal of said vehicle (or parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your I reasons for denial , and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing. Notice Mailed /s/ "NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and address of last registered and/or legal owner of record of vehicle - notice should be given to both if different. ) "As last registered (and/or legal) owner of record of (description of vehicle - make model , license, etc.) , you are hereby notified that the undersigned pursuant to Section 11.80.010 of the Palm Springs Municipal Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of (Chapter 11.80 of the Palm Springs Municipal Code, as amended. You are hereby notified to abate said nuisance by the removal of said vehicle (or I parts of a vehicle) within 10 days from the date of mailing of this notice. "As registered (and/or legal ) owner of record of said vehicle (or said parts of a vehicle) , you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Clerk of the City of Palm Springs within such 10 day period, the Director of Community Development or other authorized City officer shall have the authority to cause the abatement and removal of said vehicle (or parts of a vehicle) without a hearing. Notice mailed /s/_ 11.80.100 Public hearing. A. Upon request by the owner of the vehicle or owner of the land, received by the City Clerk within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Director of Community Development on the question of abate- ment and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located. B. If the owner of the land submits a sworn written statement I denying responsibility for the presence of the vehicle on his land within such ten-day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail , at least ten days before the hearing to the owner of the land and to the owner of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within said ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. Ord. No. 1246 Page 4 11.80.110 Hearings to be held before Director of Community Development. A. All hearings under this chapter shall be public hearings and shall be held before the Director of Community Development who shall hear all facts and testimony he deems pertinent. Said facts and testi- mony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private property or public property. The Director of Community Development shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial . B. The Director of Community Development may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter. He may delay the time for removal of the vehicle or part thereof if, in his opinion, the circumstances justify it. At the conclusion of the hearing, the Director of Community Development may find that a vehicle or part thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and deter- mine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identifica- tion number and license number of the vehicle if available at the site. I C. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the Director of Community Development shall not assess costs of administration or removal of the vehicle against the owner of the property upon which the vehicle is located or otherwise attempt to collect such costs from such land owner. D. If the owner of the land submits a sworn statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the Director of Community Development but does not appear, he shall be noti- fied in writing of the decision. 11.80.120 Appeal of decision of Director of Community Development. A. Any interested party may appeal the decision of the Director of Community Development by Filing a written notice of appeal with the City Clerk within five days after said decision. B. Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appro- priate. C. The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 11.80.100. D. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. 11.80.130 Removal of vehicle to scrapyard. Five days after adoption of the order declaring the vehicle or part thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 11.80.110, or fifteen days after such action of the governing body Ord. No. 1246 Page 5 authorizing removal following appeal , the vehicle or part thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed, it shall not be dismantled or destroyed for 30 days, during which time the registered owner of said vehicle may reclaim it upon payment of costs for removal and storage. Said vehicle shall not thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in which case 1rhe vehicle may be reconstructed or made operable. 11.80.140 Notice to Department of Motor Vehicle of removed vehicles. Within five days after the date of removal of the vehicle or part thereof, notice shall be given to they Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including, but riot limited to, the registration card, certificates of ownership, or license plates. 11.80.150 Assessment of charges against land. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 11.80.110 are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the county auditor for collection. The assessment shall have the same priority as other city taxes. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 3rd day of July 1985. AYES: Councilmembers Foster, Maryanov and Mayor Bogert NOES: None ABSENT: Councilmembers Birer and Smith ATTEST: CITY OF PALM SPRINGS, CALIFORN X_/ City Clerk i Mayor IREVIEWED & APPROVED': I HEREBY CERTIFY that the foregoing Ordinance 1246 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 3rd day of July, 1985 and that a summary of same was published in THE DESERT SUN, a newspaper of general circulation on June 17, 1985 and July 15, 1985. 'JUDITH SUMICH City Clerk WP/CC ORD 2 ORDINANCE NO. 1247 AN INTERIM ORDINANCE OF THE CITY OF PALM SPRINGS TO PROHIBIT THE INSTALLATION OF ANY SIGN WHICH UTILIZES NEON TUBES OR SIMILAR DEVICES FOR ILLUMINATION, AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds an alarming increase in the number of applications for neon signs and similar type signs in the City of Palm Springs. Because the City Sign Ordinance fails to provide adequate regula- tions and guidelines for these types of signs, their continued proliferation is creating an appearance to the city not in keeping with the Palm Springs image. Tourism is the primary industry for the City of Palm Springs. This industry has been successful because of the carefully preserved Palm spring image. The City Council finds that the now existing proliferation of neon signs poses an immediate threat to the Palm Springs image and therefore to the public welfare and that continued approval and installation of such signs without adequate guidelines and regulations will result in a continued threat to the public welfare. Therefore the City Council declares it to be urgent that this ordinance become effective immediately upon adoption. SECTION 2. The Planning Department and the Planning Commission, forthwith, intends to study and to promulate recommendations for the control and regula- tion of neon signs and similar signs and to present these recommendations to the City Council for adoption. (a) The Planning Department shall accept no applications for a sign permit which proposed sign contains any neon tubing or similar devices. (b) Neither the Planning Commission nor the Planning Department shall further consider for approval any sign application previously submitted as set forth in (a) above. (c) The installation of any sign as described in (a) above is prohibited except when such sign has been previously approved and the time to appeal such approval to the City Council has expired before the effective date of this ordinance. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect immediately upon adoption by at least four-fifths vote of the City Council and shall be of no further force and effect 45 days from its date of adoption except that before 45 days From its date of adoption the City Council , after notice pursuant to Government Code Section 65090 and public hearing, may extend the time this ordinance will be in full force and effect for an additional 10 months and subsequently may extend this ordinance for additional one year. Any such extension shall also require a four-fifths vote of the City Council for adoption. Ordinance 1247 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 31st day of July 1A85. AYES: . CLIMBOs Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PALMSPRINGS, CALIFORNIA I 7--City Clerk MayetF/ REVIEWED & APPROVED: iC __ I HEREBY CERTIFY that the foregoing Ordinance 1247 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 31st day of July, 1985, and that same was duly published in THE DESERT SUN, a newspaper of general circulation on August 7, 1985. ry _i JUDITH SUMICH City Clerk WP/CC ORD 5 ORDINANCE NO. 1248 AN ORDINANCE OF' THE CITY OF PALM SPRINGS, C:ALIFORNIA, AMENDING CHAPTER 5. 34 OF THE PALM SPRINGS MUNICIPAL CODE WHICH REGULATES MASSAGE ESTABLISHMENTS AND THEIR MASSAGISTS AND EMPLOYEES IN THE CITY. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1. Section 5. 34 . 180 of the Palm Springs Municipal Code is hereby repealed. SECTION 3 . Section 5. 34 . 230 (b) of the Palm Springs Municipal Code is amended to read as follows: " (b) It shall be unlawful for any massagist or employee, in a massage establishment, to expose his or her sexual or genital parts, or any portion thereof, to any other person. It shall also be unlawful for any massagist or employee, in a massage establishment, to expose the sexual or genital parts, or, any portion thereof of any other person. " SECTION 4 . Section 5. 34 . 230 (c) is amended to read as follows: " (c) It shall. be unlawful for any massagist or employee, while in the presence of any other person in a massage establishment, to fail to conceal with a fully opaque covering, the sexual or genital parts of his or her body. " SECTION 5 . EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 6. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this _ 4th day of — 1985 . ---�ePtembg�---- --- AYES EounciImembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By — — ,_,City Clera Mayor I HEREBY CERTIFY that the foregoing Ordinance 1248 was duly adopted by the City Council of the City of REVIEWED & APPROVED palm Springs, Cal . and that same was published in THE DESERT SUN, a newspaper of general circulation on September 11 , 1985. Y) JUDITH SUMICH Citv Clerk ORDINANCE NO. 1249 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3.94.020 TO THE PALM SPRINGS MUNICIPAL CODE, REVISING NEW CONSTRUCTION TAX LEVELS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 3.94.020 of the Palm Springs Municipal Code is hereby amended to read as follows: 3.94.020 New construction taxed. (a) In addition to any other Fee or fees prescribed in this title, every person constructing any new building or addition or trailer space in the city shall pay to the city a sum appropriately computed as follows: (1 ) For each dwelling unit in a single—Family, condominium, apartment duplex, or multiple-dwelling structure, or in a hotel or dormitory, forty cents per square foot of gross building area under roof, or five hundred fifty dollars per each dwelling unit, whichever is the greater total sum; (2) For each trailer space five hundred fifty dollars, with no additional sum for any directly accessory structure; (3) For any other construction not failing within the definition of "dwelling unit" or "trailer space," or within subdivisions (1 ) or (2) of this subsection, forty cents per square foot of gross building area under roof. (b) Notwithstanding any of the foregoing provisions of this section, no fee shall be payable on account of construction of an addition to an existing single-family dwelling, which construction does riot exceed three thousand five hundred fifty dollars in valuation. SECTION 2. DECLARATION OF PURPOSE. The City Council hereby declares that the development fees required to be paid hereby are assessed pursuant to the taxing power of the City and solely for the purpose of producing revenue for the general , usual and current expenses of the City and shall , upon collection, be paid into the general fund pursuant to law. SECTION 3. This ordinance, being an Ordinance relating to taxes For usual and current expenses of the City, shall take effect 'immediately upon its passage. Before the expiration of fifteen (15) days after its passage, this Ordinance shall be published once in THE DESERT SUN, a newspaper of general circulation printed and published in the City of Palm Springs. ADOPTED this 2nd day of October , 1985. AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST:_ CITY OF PALM SPRINGS City% lerk ay REVIEWED h APPROVED: jgg I HEREBY CERTIFY that the foregoing Ordinance 1249 was duly adopted by the City Council of the City of Palm Springs, Califori,sa in a meeting thereof held on the 2nd day of ,October, 1985, and that same was published in THE DESERT SUN, a newspaper of general circ, 1- * ,;printed and published in said City, on October 9, 1985. . JUDITH SUMICH r=i r"e'< ORDINANCE NO. 1250 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.56 OF THE PALM SPRINGS MUNICIPAL CODE REGULATING PSYCHIC ACTIVITIES AND DECLARING THE URGENCY THEREOF. I THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.56 of the Palm Springs Municipal Code is amended to read as follows: Chapter 5.56 PSYCHIC ACTIVITIES 5.56.01.0 Fortune Telling. No persons shall conduct, engage in, carry on, participate in, or practice fortune-tellinq or cause the same to be done for pay without having first obtained a permit therefor and without having posted and maintained in full force and effect a surety bond as required by this Chapter. 5.56.020 Definitions. (1) "Fortune-telling" shall mean and include telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art, science, cards, talisman, charm, portion, magnetism, magnetized article or substance, crystal gazing, oriental mysteries or magic of any kind or nature or other similar means or act. (2) "For Pay" shall mean for a fee, reward, donation, loan or receipt of anything of value. 0.56.030 Fees. The application, investigation, and permit fees shall be as From time to time set by resolution of the city council . 5.56.040 Application. (a) Any person desiring to obtain a permit to operate or engage in any fortune-telling business shall make applica- tion to the City business licence collector. A nonrefundable fee shall be paid to the city to defray, in part, the cost of investigation and report required by this chapter. (b) The application for permit does not authorize operation or engagement in the fortune-telling business. 5.56.050 Application contents. Each application for a fortune- telling permit shall contain the following information: (a) The full, true name and any other names used by the appli- cant. (b) The present residential address and telephone number of the applicant. (c) The address of the location at which the business is to be conducted. (d) The previous business and residential addresses and tele- phone numbers of the applicant, if any, for a period of five years immediately prior to the date of the application and the dates at each. (e) The applicant's height, weight, color of eyes and hair, date and place of birth, and sex. Ord. No. 1250 Page 2 (f) Two photographs of the applicant at least 2" X 2" taken within the last six months and fingerprints of the applicant on a form provided by the Police Department. (g) Business, occupation or employment history of the applicant for the five (5) years immediately preceding the date of application. (h) If the applicant, in this or any other city, state, or territory has ever had license or permit of any kind , revoked or sus- pended, or the applicant has ever been subject to disciplinary action by ' the issuer of such license or permit, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. M All convictions within the last five years of any crime involving dishonesty, fraud, deceit, or moral turpitude. (j) Such other identification and information as the business license collector may reasonably require in order to discover the truth of the matters required to set forth in the application. (k) If the applicant is a corporation, the name of the corpor- ation shall he set forth exactly as shown in its articles of incorpor- ation, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than 5 percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee shall be charged. (1) Any individual who will perform fortune-telling for an applicant's business, as an employee, independent contractor, or volunteer, shall complete and sign all application forms in the same manner as an applicant, and a separate fee shall be charged for each such individual . 5.56.060 Investigation. Upon the filing of the application., it shall be referred to the Police Department for investigation, report and recommendation. The investigation shall be conducted to verify the facts contained in the application and any supporting data. The investigation shall be completed and a report and recommendation made in writing to the Business License Officer within thirty (30) days after the filing of the application, unless the applicant request or consents to an extension of the time period. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein. At the time of the filing of the report and recommendation with the business license collector, a copy thereof shall be mailed to the applicant, accompanied by a notice that the applicant may request to be heard when the business license collector considers the application and report. Said notice shall state the date, time and place where applicant may appear before the business license collector. 5.56.070 Hearing and Decision by Business License Collector. The business license collector shall consider the application and the report and recommendation at a hearing held on or before the seventh (7th) day after the filing of the report and recommendation. Notice of the time and place of the hearing shall be given to all parties by the business license collector at least three (3) days prior to the hearing. The applicant for the permit may attend the hearing. Any interested party shall be heard upon a reasonable request. The decision of the business license officer to grant or deny the permit or conditionally grant the permit shall be in writing, and if adverse to the applicant, shall contain findings of fact and a determination of the issues presented. Unless the applicant agrees in writing to an extension of time, the business license collector shall make his order denying or granting or Ord. No. 1250 Page 3 conditionally granting the permit within twenty-four (24) hours after completion of the hearing on the application for a permit and shall notify the applicant of his action by personal service or certified mail . 5.56.080 Granting of Permit. The business license collector shall grant the permit if all the requirements for the permit have been met and it has been found that: (1) all the information contained in the application and supporting data is true; (2) the applicant has not, within the previous two (2) years, been convicted of any violation of this chapter or any law relating to fraud or moral turpitude; (3) the applicant agrees to abide by and comply with all condi- tions of the permit and applicable laws. 5.56.090 Appeal . Any applicant who is dissatisfied with the decision of the business license collector may appeal that decision to the City Council pursuant to the provision of Chapter 2.05 of the Palm Springs Municipal Code. 5.56.100 Issuance of the Permit. If the business license collector grants the permit, he shall thereafter issue said permit only after the applicant has paid the permit fee and has posted with the City Clerk a good and sufficient surety bond in the principal amount of $15,000 executed as surety by a corporate surety in the State of California and as a principal by the applicant. The form of the bond shall have been approved by the City Attorney and shall have been given to insure good faith and fair dealing on the part of the applicant and I as a guarantee of indemnity for any and all loss, damage, theft, or other unfair dealings suffered by any patron or customer of the appli- cant within the City during the term of the permit. The permit fee and term of bond shall be prorated between date of issuance and date of expiration. 5.56.110 Term of Permit. The term of the permit shall be the same as the term of a regular business license. A renewal application shall be filed not later than thirty (30) days prior to the expiration of the permit and shall be processed in the same manner as a new application. 5.56.120 Exception-Entertainment. The provisions of this Chapter shall riot apply to any person engaged solely in the business of enter- taining the public by demonstrations of mind-reading, mental telepathy, thought conveyance, the giving of horoscopic readings or• similar activities at public places and in the presence of and within the hearing of all other persons in attendance, and at which no questions are answered as part of such entertainment except in a manner to permit all persons present at such public place to hear such answers. 5.56.130 Exception-Religious Practice. No person shall he required to pay any fee or take out any permit for conducting or parti- cipating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, or clairvoyant (hereinafter collectively referred to as minister) from any bonafide church or religious association maintaining a church and holding regular services and having a creed or set of religious princi- ples that is recognized by all churches of like faith; provided that: (1) Except as provided in (3) hereof, the fees, gratuities, emoluments, and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the bonafide church or religious association, as herein defined. (2) The minister holding a certificate of ordination from such bonafide church or religious association, shall file with the business license officer, a declaration under penalty of perjury which states the Ord. No. 1250 Page 4 minister' s name, age, street, address, and telephone number in this city where the activity set forth herein is to be conducted. (3) Such bonafide church or religious association, as defined in this Subsection I, may pay to its ministers a salary or compensation based upon a percentage basis, pursuant to an agreement; between the church and the minister which is embodied in a resolution and tran- scribed in the minutes of such church or religious association. 5.56.140 Revocation of Permit. A Psychic Activities Permit, issued by the business license collector shall be revoked or suspended where it is found that the permittee has been convicted of any offense which would be cause for denial of a permit upon an original applica- tion, has made a false statement on an application for a permit, or has committed an act in violation of this Chapter or upon termination of the bond required herein. Revocation proceedings shall be conducted as pre- scribed by Section 5.72.030. 5.56.150 Violation a Public Nusiance. The City Council hereby declares a violation of this chapter to be a public nuisance. SECTION 2. SEVERABILITY. The City Council of the City of Palm Springs hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. EFFECTIVE DATE--Urgency Ordinance. This Ordinance, being an urgency ordinance, shall take effect immediately upon its adoption by at least four-fifths vote of the City Council . The City Council finds that the adoption of this ordinance as an urgency measure is necesary For the immediate preservation of the public peace, health or safety, and finds the following as facts constituting the urgency: On August 15, 1985, the California Supreme Court declared unconstitutional an ordinance of the city of Azusa similar to Chapter 5.56 of the Palm Springs Municipal Code which prohibits fortune- tellings and similar psychic activities for consideration. This ordinance will permit such activities for consideration. This ordinance will permit such activities by ethical practitioners, subject to reasonable regulation and discourage those who would use such activities and devices to take advantage of unwary and vulnerable citizens. 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 2nd day of October 1g85. AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTE _ CITY OF PALM SPRINGS, CALIFORNI City Clerk play REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1250 was duly adopted by the City Council of the City of Palm Springs, in a meeting thereof held on the 2nd day of October, 1985, and that same was duly published in THE DESERT SUN, a newspaper of general circulation, printed and published in said City, on October 9, 1985. (7, v - �JUDITH SUMICH City Clerk ORDINANCE NO. 1251 AN INTERIM ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO PROHIBIT FORTUNE- TELLING AND SIMILAR PSYCHIC ACTIVITIES IN ALL ZONING DISTRICTS EXCEPT THE P- PROFESSIONAL ZONING DISTRICT, AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. AUTHORITY. This ordinance is adopted pursuant to the provisions of Goverment Code Section 65858. SECTION 2. URGENCY ORDINANCE - FINDINGS. On August 15, 1985, the California Supreme Court declared unconstitutional an ordinance of the City of Azusa, similar to Chapter 5.56 of the Palm Springs Municipal Code, which prohibits fortune-telling and similar psychic activities for consideration in the City. Because of this prohibition, the City Zoning Ordinance does not provide for such activities within any of its zoning districts. Now that the prohibition of these activities has been found invalid the City could experience a pro- liferation of such activities in all zoning districts unless the City zoning ordinance is amended to permit fortune-telling and similar psychic activities in those zoning districts which the City Council deems appropriate. The City Council finds that such proliferation of fortune-telling and similar psychic activities poses an immediate threat to the Palm Springs image and therefor to the public health, safety, or welfare. Therefore the City Council declares it to be urgent that this ordinance become effective immediately upon adoption. SECTION 3. PLANNING COMMISSION STUDY. The Planning Department and the Planning Commission, forthwith, intend to study and determine in which zoning district or districts fortune telling and similar psychic activities would be most appropriate, and to present its recommendations to the City Council for adoption. SECTION 4. FORTUNE-TELLING PROHIBITED - EXCEPTION. During the time this ordinance is in effect, fortune-telling and similar psychic activities, as defined in Chapter 5.56 of the Palm Springs Municipal Code, shall be pro- hibited in all zoning districts in the City of Palm Springs, except such activities shall not be prohibited in the P--professional zoning district. Any such activity which shall become nonconforming by reason of any later adopted zoning ordinance shall be removed, abated or brought into conformance with said zoning ordinance within one year of the effective date of said zoning ordinance. SECTION 5. EFFECTIVE DATE. This ordinance shall he in full force and effect immediately upon adoption by at least four fifths vote or the City Council , and shall be of no further force and effect forty-five days from its day of adoption except that before 45 days from its day of adoption the City Council , after notice pursuant to Government Code Section 65090 and public hearing, may extend the time this ordinance will be in full force and effect for an addi- tional ten months and fifteen days and subsequently may extend this ordinance for an additional one year. Any such extention shall also require a four fifths vote of the City Council for adoption. WP/CITY ATTN Ord. Mo. 1251 Page 2 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 2nd day of October 1985. AYES: Councilmembers Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST: CI1Y OF PALM SPRINGS, CALIORiV F City Clerk �— Mayor- - --- REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1251was duly adopted by the City Council of the City of Palm Springs, in a meeting thereof held on *, and that same was duly published in THE DESERT SUN, a newspaper of general circulation, printed and published in said City, on October 9, 1985 CC�DIT H AMC �:ity Clerk *October 2, 1985. I 1 WP/CITY ATTN ORDINANCE NO. 1252 AN INTERIM ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO PROHIBIT FORTUNE- TELLING AND SIMILAR PSYCHIC ACTIVITIES IN ALL ZONING DISTRICTS EXCEPT THE P- PROFESSIONAL ZONING DISTRICT, AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. AUTHORITY. This ordinance is adopted pursuant to the provisions of Goverment Code Section 65858. SECTION 2. URGENCY ORDINANCE - FINDINGS. On August 15, 1985, the California Supreme Court declared unconstitutional an ordinance of the City of Azusa, similar to Chapter 5.56 of the Palm Springs Municipal Code, which prohibits fortune-telling and similar psychic activities for consideration in the City. Because of this prohibition, the City Zoning Ordinance does not provide for such activities within any of its zoning districts. Now that the prohibition of these activities has been found invalid the City could experience a pro- liferation of such activities in all zoning districts unless the City zoning ordinance is amended to permit fortune-telling and similar psychic activities in those zoning districts which the City Council deems appropriate. The City Council finds that such proliferation of fortune-telling and similar psychic activities poses an immediate threat to the Palm Springs image and therefor to the public health, safety, or welfare. Therefore the City Council declares it to be urgent that this ordinance become effective immediately upon adoption. SECTION 3. PLANNING COMMISSION STUDY. The Planning Department and the Planning Commission, forthwith, intend to study and determine in which zoning district or districts fortune telling and similar psychic activities would be most appropriate, and to present its recommendations to the City Council for adoption. SECTION 4. FORTUNE-TELLING PROHIBITED - EXCEPTION. During the time this ordinance is in effect, fortune-telling and similar psychic activities, as defined in Chapter 5.56 of the Palm Springs Municipal Code, shall be pro- hibited in all zoning districts in the City of Palm Springs, except such activities shall not be prohibited in the P-professional zoning district. Any such activity which shall become nonconforming by reason of any later adopted zoning ordinance shall be removed, abated or brought into conformance with said zoning ordinance within one year of the effective date of said zoning ordinance. SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect immediately upon adoption by at least four fifths vote of the City Council , and shall be of no further force and effect forty-five days from its day of adoption except that before 45 days from its day of adoption the City Council , after notice pursuant to Government Code Section 65090 and public hearing, may extend the time this ordinance will be in full force and effect for an addi- tional ten months and fifteen days and subsequently may extend this ordinance for an additional one year. Any such extention shall also require a four fifths vote of the City Council for adoption. Ord. No. 1252 Page 2 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 6th day of November 1985. AYES: Members Birer, Foster, Maryanov, Smith and Mayor Bogert NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFO I B '� -�_� _ G -City Clerk -- F�"------ May REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1252 was duly adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the November 6, 1985 and _that said Ordinance, in full,, was published in THE DESERT SUN, a newspaper of general circulation, printed and published in said City, on October 9 9 .5 7z .-AUDI—TH SUMICH City Clerk ORDINANCE NO. 1253 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2. 23.010, OF THE PALM SPRINGS MUNICIPAL CODE, TO REDUCE THE NUMBER OF ENERGY COMMISSIONERS FROM SEVEN (7) TO FIVE (5). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 2.23.010 of the Palm Springs Municipal Code is amended to read as follows: 2.23.010 Created. There is created an Energy Commission for the City. It shall consist of five members, serving without compensation, appointed in the manner for the terms prescribed in Sections 2.04.060 and 2.06.010 respectively of this 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 ?nth day of Nnvamhar 1985. I AYES: Councilmembers Birer, Foster, Maryanov and Smith NOES: None ABSENT:Mayor Bogert ATTEST CITY OF PALM SPRINGS.,, I RNIA yr_ City Clerk Mayor REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1253 was duly adopted by the City Council of the City of Palm Springs, in a meeting thereof held on November 20, 1985, and that same was duly published in THE DESERT SUN, a newspaper of general circulation, printed and published Ln aid Ciiy,, on December 2, 1985. JUDITH SUMICH City Clerk ORDINANCE NO. 1254 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REVISING THE ZONING ORDINANCE IN REGARD TO PARKING STANDARDS FOR SHOPPING CENTERS, RESTAURANTS IN SHOPPING CENTERS AND EXPANSION OF NON-CONFORMING STRUCTURES IN R-1 ZONES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9306.00.D.l.h of the Zoning Ordinance of the City of Palm Springs, California, is hereby amended to read as follows: "Neighborhood Shopping Center (C-D-.N) Zone and Community Shopping Center (C-S-C) Zone uses. One (1) space for each two hundred and twenty-five (225) square feet of gross leaseable floor area for all uses." SECTION 2. Section 9215.01.A of the Zoning Ordinance is hereby amended with the addition of the following: "Food service facility of all types (except drive-in and drive through types) ." SECTION 3. Section 9215.01.B of the Zoning Ordinance is hereby amended by deleting the following: 2. "Food service facility of all types (except drive-in and drive-through types)." SECTION 4. Section 9405.01.A.12 is hereby added to the Zoning Ordinance as follows: "12. Non-conforming structures. Existing legal non-conforming two-story structures located in an R-1 Zone may be expanded by up to fifty (50) percent of the second story floor area subject to other applicable ordinances and further subject to architectural approval by the Planning Commission." SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 6. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 18th day of December ____, 1985. AYES: Members Birer, Foster, Maryanov and Mayor Bogert NOES: None ABSENT: None ABSTAIN: Member Smith ATTEST: CITY OF PALM SPRINGS, CALIF By -- v - — —{ �; -- ----- C i ty C Terk--------- P May REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1254 was duly adopted by the City Council of the City of Palm Springs, in a meeting thereof held on December 18, 1985, and that same was duly publiished in THE DESERT SUN, a newspaper WP/ORD5.0383 of general circulation, printed and published in said City. on December 31 , 1985. �d'U f ITH SUMICFf"