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Home My WebLink About1/1/1989 - ORDINANCES ORDINANCE NO. 1322 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO PUBLIC ART AND THE RATE OF PAYMENT AS A FEE FOR SUCH AND THE MANNER OF PROVIDING SUCH. The City Council of the City of Palm Springs, California, does ordain as follows: SECTION 1. Section 9311.00 of the Zoning Ordinance is amended to read as follows: All development projects (new construction and remodels) , except single-family residences and affordable housing developments receiving city, state, or Federal assistance shall be subject to payment of a public arts fee equivalent to one percent (1%) of the total construction valuation of the project payable at the time of building permits. This fee shall be used to provide public art, or other alternate public amenities at the discretion of the City Council or its authorized designee. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this _ 4th day of January 1989.. AYES: Councilmembers Apfelbaum, Foster, Neel and Mayor Bono NOES: Councilmember Broich ABSENT: None ATTEST: CITY OF PALM SPR'lifJGS, CALIFORNIA By —'"City Clerk ( 'i Mayor' REVIEWED & APPROVED: I HEREBY CERTIFY THAT the foregoing Ordinance 1322 was duly adopted by the City Council of the City of Palm Springs, in a meeting thereof held on the date above shown, and that a copy was published in the DESERT SUN, a newspaper of general circulation, printed and published in said City on November 24, 1988 and January 8, 1989. L�JUDITH SUMICH City Clerk I ORDINANCE NO. 1323 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 10.28.020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO NOISE DISTURBANCES BY ANIMALS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 10.28.020 of the Palm Springs Municipal Code is hereby amended to read as follows: 1.0.28..020 Noise Disturbances by Animals. (a ) It is unlawful for any person to knowingly keep, allow to be kept , o7 permit to remain upon premises under the control of such person , any animal which habitually barks , whines , or makes loud and unusual noises so as to unreasonably disturb the peace and quiet of the neighborhood or interfere with any person of ordinary sensitive- ness in the reasonable and comfortable enjoyment of life and property. (b) This section shall not be construed to prohibit the keeping of any watch dog, provided the keeper thereof takes immediate steps to quiet such dog whenever it barks , and provided further that such keeper never leaves such dog unattended on the premises in a place where its barking, if prolonged or repeated an undue number of times ., unreasonably disturbs a person of ordinary sensitiveness . (c ) After being informed that a violation of subsection (a ) or (b) above, may have occurred , the oivaer or harborer of such animal shall take all steps necessary to ensure that such violation does not again occur. 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 Ordina.rice, C,nd to cause the same or a summary thereof or a display advertisentent, duly prepared according to law, to be published in accordance with lata. ADOPTED this Ist `_ day of Februar'.Y 1989. AYES: Councilmembers Apfelbau,n., Broich, Foster, Neel and Mayor Bono NOES: None ABSENT: None ATTEST: CITY Of PALM SPRINGS;�CAIIFORNIA / L Ciiy Clerk--- d �� M y or -�) —__. fl. REVIEWED A APPROVED: I I HEREBY CERTIFY that the foregoing Ordinance 1323 was duly adopted I by the City Council of the City of Palm Springs., in a meeting thereof held on the date above shown, and that a copy was published in the DESERT SUN, a newpaper of general circulation, printed and published in said City on February 9, 1989. JUDITH SUNICH City Clerk WP/CC ORD(M) r; ORDINANCE NO. 1324 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO LIQUOR STORES, AUTO PARTS SALES, CONVENIENCE STORES AND LAUNDROMATS IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONES. I THE COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9212.01A. of Ordinance No. 1294, the Palm Springs Zoning Ordinance is hereby amended by deleting the following: "7. Auto parts and accessories, retail . " "26. Laundromats. " "28. Liquor stores. " SECTION 2. Section 9212.01B. of Ordinance No. 1294, the Palm Springs Zoning Ordinance is hereby amended by deleting the following: "3. Installation of auto accessories. " SECTION 3. Section 9212.01C. of Ordinance No. 1294, the Palm Springs Zoning Ordinance is hereby amended by adding the following: 17. Auto parts and accessories, retail , and installation of same. 18. Convenience stores. 19. Laundromats. 20. Liquor stores. " I SECTION 4. Section 9215.01A. of Ordinance No. 1294, the Palm Springs Zoning Ordinance is hereby amended by adding the Following: "26. Auto parts and accessory, retail , and installation of same 27. Laundromats" SECTION 5. Section 9215.01D. of Ordinance No. 1294, the Palm Springs Zoning Ordinance is hereby amended by adding the following: "5. Convenience stores 6. Liquor stores" SECTION 6. Section 9217.01A.7. of Ordinance No. 1294, the Palm Springs Zoning Ordinance is hereby amended by adding the following: "f. Auto parts and accessories, retail , and installation of same. g. Laundromats. '° I 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 15th day of February 1989. AYES: Councilmembers Apfelbaum, Broich, Foster, nad Neel NOES: Mayor Bono ABSENT: None ATTEST: / ,. CITY OF PALK: SP•RINGS, CALIFORNIA By - City Clerk REVIWED & APPROVED: �- ;� ^- y --— /� JMayor -e- I HEREBY CERTIFY that the foregoing Ordinance 1324 was duly adopted by the City Council of the City of Palm Springs, in a meeting held on the 15th day of February, 1989, and that same was duly published in the DESERTSUN, a newspaper of general circulation, printed and published in said City on February 9, and 21, 1989. JUDITH SUMICH City Clerk ORDINANCE N0. 1325 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.04.070 OF THE PALM SPRINGS MUNICIPAL CODE TO ADOPT THE CALIFORNIA SEISMIC SAFETY COMMISSION MODEL ORDINANCE AND AMENDING CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE TO ADD SECTION 8.04 .072 TO AMEND VARIOUS PROVI- SIONS OF THE CALIFORNIA SEISMIC SAFETY COMMISSION MODEL ORDINANCE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8.04.070 of the Palm Springs Municipal Code is hereby amended to read as follows: 8.04.070 California Seismic Safety Commission Model Ordinance-- Adopted. That certain document, a copy of hi wch is oro file in the office of the City Clerk of the City, being marked and designated as "California Seismic Safety Commission Model Ordinance" , and all appendixes , tables and indexes thereto as set forth in the appendix to the Commission guidebook to identify and mitigate seismic hazards in buildings, December 1987, is hereby adopted as the non-reinforced masonry buildings standard for the City by reference, pursuant to the provisions of Section 50022.1 et seq. of the California Government Code. SECTION 2. Chapter 8.04 of the Palm Springs Municipal Code is hereby amended by adding thereto Section 8.04.072 to read as follows: 8004.072 California Seismic Safety Commission Model Ordinance-- Additions and Amendments . The California Seismic Safety Commission Model Ordinance adopted herein by reference is hereby amended by the following addi- tions and amendments: (1) Section 8801 is amended by inserting therein June 8, 1938 as the adoption date of the Building Code requiring earthquake resistant design of buildings. (2) Section 8802 is amended to read as follows: "The provisions of this Chapter shall apply to all buildings con- structed or under construction prior to June 8, 1938 or for which a building permit was issued prior to June 8, 1938 which on the effective date of this ordinance have unreinforced masonry bearing walls as defined herein. EXCEPTION: This division shall not apply to detached one or two family dwellings and detached apartment houses containing less than five dwelling units and used solely for residential purposes." (3) The first paragraph of Section 8808 (b)1. is amended to read as follows: "Unreinforced masonry walls. Unreinforced masonry walls analyzed in accordance with this section may provide vertical support for roof and floor construction and resistance to lateral loads . The bonding of such walls shall be accordance with the Building Code." (4) Section 8809(b)4. is amended by adding thereto the following: "The maximum height of an unbraced, unreinforced masonry parapet above the lower of either the level of tension anchors or roof sheathing, shall not exceed one and one-half times the thickness of the parapet wall . If the required parapet height exceeds this maximum height, a bracing system designed for the force factors specified in Table No. 88-E and Table No. 23-J for walls shall support the top of the parapet. Parapet corrective work must be performed in conjunction with the installation of 'tension roof anchors. The minimum height of a parapet above the wall anchor shall be twelve inches. EXCEPTION: If a reinforced concrete beam is provided at the top of the wall , the minimum height above the wall-anchor may be six inches ." (5) Table No. 88-B is hereby amended by deleting therefrom footnote (1) . Ord. No. 1325 Page 2 (6) The column entitled "Extension of Time if Wall Anchors are Installed" in Table No. 88-C is hereby amended to read: "1 year" for all rating classifications . (7) Table No. 88-I is hereby amended t adding to Items 3, 4, 5, and 6 the notation (3) and by adding note (3) to reaV as follows: " (3) Drilling for bolts and dowels shall be done with an electric rotary drill . Impact tools shall not be used for drilling holes or tightening anchor and shear bolt nuts ." SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4.. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 15th day of FebrQFj_ _, 1989. AYES: Counciimembers Broich, Foster, Neel and Apfelbaum NOES: Mayor Bono ABSENT: None ATTEST:- CITY OF PALM SPRINGS-y,CALIFORJVIA By L- City Clerk Maybr REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1325 was duly adopted by the City Council of the City of Palm :Springs, in a meeting thereof held on the date shown above, and that a copy was published in the DESERT SUN, a newspaper of general circulation, printed and published in said City on February 9 & 21, 1989. j �_. -SUDITH SUMICH City Clerk WP/ORD ORDINANCE NO. 1326 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA REPEALING SECTION 3 . 32 . 060 OF THE PALM SPRINGS MUNI- CIPAL CODE RELATING TO WATER USERS TAX. THE CITY COUNCIL OF THE CITY-OF PALM SPRINGS, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 3 . 32 . 060 of 'the Palm Springs Municipal Code is hereby repealed. SECTION 2 . EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3 . PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 1st day of March 1989 . AYES : Councilmembers Apfelbaum, Broich, Foster, Neel and Mayor Bono NOES : None ABSENT: None ATTEST: CITY OF PALM SPRINGS, ,CALIFORNIA By 1 Depti�ty-'City Clerk Mayor l REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1326 was duly adopted by the City Council of the Cityof Palm Springs, in a meeting thereof held on the date shown above, and that a copy was published in the DESERT SUN, a newpaper of g n- -1 circulation, printed and published in said City on March 9, 1989. JUDITH SUMICH City Clerk I ORDINANCE NO. 1327 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.23 TO THE PALM SPRINGS MUNICIPAL CODE TO ESTABLISH A VISITORS AND PROMOTION BOARD. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. PURPOSE. The City of Palm Springs wants to have a visitors and promotion board to promote Palm Springs. SECTION 2. The Palm Springs Municipal Code is hereby amended by adding thereto a new chapter to be numbered 2.23 and reading as follows: CHAPTER 2.23 VISITORS AND PROMOTION BOARD SECTIONS: 2.23.010 Definitions 2.23.020 Visitors and Promotion Board 2.23.030 Term--Vacancies--Vote 2.23.040 Powers and Duties 2.23.010 DEFINITIONS. For the purpose of this chapter, "Board" shall mean the Palm Springs Visitors and Promotion Board. 2.23.020 VISITORS AND PROMOTION BOARD. Creation. There I is hereby created within the City of Palm `.springs a Visitors and Promotion Board, consisting of eleven members, appointed by the Mayor with the approval of the City Council , to serve at the pleasure of the City Council . 2.23.030 TERM--VACANCIES--VOTE, Members of the Commission shall serve for the term provided by Chapter 2.06 of the Palm Springs Municipal Code, except that three members shall be appointed to terms expiring June 30, 1990; four members, to terms expiring on June 30, 1991; and four members, to terms expiring on June 30, 1992. Members of the Board shall be appointed as follows: One (1) member shall be an owner or manager representing hotels with over 250 rooms. One (1) member shall be an owner or manager representing hotels with 150 to 249 rooms. Ore (1) member shall be an owner or manager representing hotels with 51 to 149 rooms. One (1) member shall be an owner or manager representing hotels with 1 to 50 rooms. Three (3) members shall represent the retail and restaurant segments of the community. Two (2) members shall represent the citizenry-at-large who are actively involved in tourism. Two (2) members shall be appointed from the City Council ; one (1) of these will be the principal Palm Springs representative on the Palm Springs Desert Resorts Convention and Visitors Bureau. A vacancy in the Board shall not Impair the right of the remaining members to exercise the powers of the Board pursuant to this chapter. Six members shall constitute a quorum of the Board, and any ruling, decision or other action of the Board may be 'taken by a majority of those members present, provided a quorum is present. Ord. No. 1327 Page 2 2.23.040 POWERS AND DUTIES. Within the limitations provided by law, the Visitors and Promotion Board shall have the following powers and duties: (1) To establish a schedule of regular meeting times. (2) To oversee and advise on the promotion, advertising, publicity and marketing activities of the City of Palm Springs. (3) To serve as a liaison between the hospitality industry/valleywide CVB and the Palm Springs-only effort. (4) To evaluate the success of marketing efforts. (5) To make recommendations on the hiring of a person who will oversee advertising and promotion for the visitor market. (6) To make recommendations on annual budgets for visitor promotion, expenditure of funds and related issues. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4. PUBLICATION. The City Cleric is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. I ADOPTED this 1st _ day of March _ 1989. AYES: Counciolmembers Apfelbaum, Broich, Foster, Neel and Mayor Bono NOES: None ABSENT: None ATTEST: CITV,OP PALM SPRINGS,,CALIFORNIA By C_ _ - 'lam v _;% .y Cit _Clerk Mayor = v REVIEWED AND APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1327 was duly adopted by the City Council of the City of Palm Springs, in a meeting thereof held on the date above shown, and that a copy was publihsed in the DESERT SUN, a newspaper of general circulation, printed and published in said City on March 9, 1989. #8/4/026/021589 iUDITH SUMICH City Clerk ORDINANCE NO. 1328 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0500-CZ, A CHANGE OF ZONE FROM N-0-5 TO M-1-P FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF TACHEVAH DRIVE AND FARRELL DRIVE, SECTION 12. 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 N-0-5 (open land with Noise Impact Combining Zone) to M-1-P (Planned Research and Development Zone) 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 15th day of March 1989. AYES: Councilmembers Apfelbaum, Broich, Foster, Neel and Mayor Bono NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS,,_CA,LIFORNIA By _ City Clerk Mayor REVIEWED & APPROVED:, I HEREBY CERTIFY THAT the foregoing Ordinance 1328 was duly adopted by the City Council of the City of Palm Springs in a meeting thereof held on the date above shown, and published in the DESERT SUN, a newspaper of general circulation, printed and published in said City on March 20, 1989. -'JUDITH`SUMICH City Clerk 7 ✓' �� VICINITY MAP VISTA CHINO DRIVE `' SANDA LWOOD > CHIA RD 0 E— PROJECT LOCATION 0 ct IHEVAH m DRIVE F— AIRPORT it W w EL U q<q cc MFdq tL TAMARISK R .\ PROJECT SITE M 1 P U- W M 1 P PC RECOMMENDED LU ALIGNMENT ! i h � TAQHEVAH [)RI\9E --I-- L-xF;dt31T "R" CITY OF PALM _ SPRINGS - L(; . 5L'q TTI! 23,233 (Revised) APPROVED BY PLAN. COW. DATE IT ngs egiona irport APPROVED BY COUNCeI_ DATE i 2 ORD. N0. EtEBOL. N0. -:xx ORDINANCE NO.. 1329 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2 . 24 TO THE PALM SPRINGS MUNICIPAL CODE TO ESTABLISH A CONVENTION CENTER COMMISSION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFOR- NIA, DOES ORDAIN AS FOLLOWS: SECTION 1. PURPOSE. To create a Convention Center Com- mission in order to involve the business community in the review of policies affecting the Palm Springs Con- vention Center. SECTION 2 . The Palm Springs Municipal Code is hereby amended by adding thereto a new chapter to be numbered 2 .24 and reading as follows: CHAPTER 2 .24 CONVENTION CENTER COMMISSION SECTIONS- 2 . 24 . 010 Definitions 2 . 24 . 020 Convention Center Commission 2 .24 . 030 Term--Vacancies--Vote 2 .24 . 040 Powers and Duties 2 . 24 . 010 DEFINITIONS. For the purpose of this chapter, "Commission" shall mean the Convention Center Commission. 2 . 24 . 020 CONVENTION CENTER COMMISSION. Creation. There is hereby created within the City of Palm Springs a Convention Center Commission, consisting of five members, appointed in the manner prescribed in Section 2 . 04 . 060 of this code. 2 . 24 . 030 TERM--VACANCIES--VOTE. Members of the Commission shall serve for the term provided by Chapter 2 . 06 of the Palm Springs Municipal Code, except that initially two members shall be appointed to terms expir- ing June 30, 1990; two members to terms expiring on June 30, 1991 ; and one member to a term expiring on June 30, 1992 . Members of the Commission shall be selected based on the following criteria: (a) Have expertise in accounting, law, management or I other business or professional areas. (b) Have low potential for conflict of interest arising out of the employment, investments or sources of income of the member. Ord. No. 1329 Page 2 (a) Have expertise in accounting, law, management or other business or professional areas. (b) Have low potential for conflict of interest arising out of the employment, investments or sources of income of the member. (c) Have no contractual or other business involvements with or related to the Convention Center. Three members shall constitute a quorum of the Commis- sion, and any ruling, decision or other action of the Commission may be taken by a majority of those members present, provided a quorum is present. 2 .24.040 POWERS AND DUTIES. Within the limita- tions provided by law, the Convention Center Commission shall have the following powers and duties: (1) To establish a schedule of regular meet- ings of the Commission. (2) To review and make recommendations on the annual budget for the Convention Center. (3) To periodically review and make recommen- dations on the Convention Center's Rules, Regulations and Operational Policies. (4) To review and make recommendations on proposed Convention Center improvements, including meth- ods of financing. (5) To review and make recommendations on marketing and work plans and policies of the Convention Center. (6) To review and make recommendations on Convention Center aesthetic issues. (7) To review and make recommendations on the quality of concessionaires/contractors providing services to the Convention Center. (8) To perform other related duties as directed by City Council. (9) A].1 reports shall be made to the City Council but shall first be submitted through the office of the. City Manager. SECTION 3 . REVIEW OF ORDINANCE. This Ordinance shall be reviewed by the City Council on or before June 30, 1991 , SECTION 4 . EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. Ord. No. Page 3 SECTION 5. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 15th day of _March , 1989 . AYES : Councilmembers Apfelbaum, Broich, Foster, Neel and Mayor Bono NOES: None ABSENT: None ATTEST: CITY OF PAIZ SPRINGS,--�,CALIFOR�NIA --City Clerk nI Mayor' REVIEWED AND APPROVED: _ IHE REBY CERTIFY that the foregoing Ordinance 1329, was I duly adopted by the City Council of the City of Palm Springs, in a meeting held on the 15th day of March, 1989, and that a summary of same was duly published in the DESERT SUN, a newspaper of general circulation, printed and published in said City on March 9 & 20, 1989. % UDITH`SUMICH City Clerk I i ORDINANCE NO. 1330 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 11.80.130 OF THE PALM SPRINGS MUNICIPAL CODE TO DELETE THE REQUIREMENT THAT A VEHICLE NOT BE DISMANTLED OR DESTROYED FOR 30 DAYS AFTER REMOVAL FROM PRIVATE OR PUBLIC PROPERTY I AS A PUBLIC NUISANCE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that an urgency exists as to abandoned and inoperative vehicles on private property in the City based on the following facts : 1 . Because of a number of factors, automobile dismantlers have declined to accept abandoned and inoperable vehicles declared to be a public nuisance by the City. As a result, such vehicles have been and are accumulating on private property throughout the City. 2. These abandoned and inoperative vehicles on private property are causing a visual blight which has an immediate and negative effect on the tourist economy of the City. 3. The City now has a contract in effect to remove abandoned vehicles from within the City for a period of three months commencing March 15 , 1989, at no cost to the City. I 4 . Section 11.80.130 of the Municipal Code prohibits dismantling or destroying a vehicle for 30 days after it has been removed from private or public property as public nuisance. It is necessary for City Council to delete this 30 days waiting period as quickly as possible to take advantage of this contract for removal of abandoned and inoperable vehicles from private property. SECTION 2. Section 11 .80.130 of the Palm Springs Municipal Code is amended to read as follows : 11.80.130 Removal of Vehicle to Scrap Yard . 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 authorizing removal following appeal , the vehicle or part thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. Said vehicle shall not be 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 the vehicle may be reconstructed or made operable. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect Iimmediately upon the affirmative vote of four-fifths of the City Council . �( 1 Ord. No. 1330 U •_ Page 2 SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be pub- lished in accordance with law. ADOPTED this 5th day of April 1989. AYES: Councilmembers Broich, Foster Neel and Mayor Pro Tem Apfelbaum I NOES: None ABSENT: Mayor Bono ATTEST: CITY OF PALM SPRINGS, CALIFO.,RNhA By City Clerk M yor REVIEWED & APPROVED: — I HEREBY CERTIFY that the foregoing Orrinance 1330 was duly adopted by the City Council of the City of Palm Springs, in a meeting thereof held on the date above shown, and published in the DESERT .SUN, a newpaper of general circulation, printed and published in said City on April 13, 1989. 1- �- ,._-�dUDITH SUMCIH City Clerk ORDINANCE NO. 1331 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO TENNIS COURTS IN ALL ZONES. ITHE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 9301.00 of the Zoning Ordinance is amended to read as follows : SECTION 9301.01 TENNIS COURTS This section is intended to provide for the regulation of tennis courts, including paddle tennis, within all zones of the City. A. Tennis courts may be allowed , subject to the following conditions : 1 . Single-family Zones a . No tennis courts shall be allowed within any yard or setback area. b. A six (6) foot high solid masonry wall shall be installed on the property line between the tennis court and adjacent property. Landscape, which screens the tennis court fence, shall be installed within the setback area. I C. The height of any tennis court fence shall not exceed ten (10) feet above the court surface. d. Tennis courts shall establish the surface level of the court at the lowest elevation or below the natural terrain . e. Plans and Minor Architectural Approval Application, including plot plan, grading plan, landscape plan, shall be submitted to the Planning Division for approval pursuant to Section 9404.00. Tennis courts located in hillside areas , as defined in Section 9313.00, shall be reviewed by the Planning Commission . For all other locations , the Planning Director may approve proposed tennis courts. f. Night lighting of tennis courts may be allowed under Conditional Use Permit approval by the Planning Commission in accordance with Section 9402.00 of the Palm Springs Zoning Ordinance and provided the above-listed condition "a- e" have been met. In addition, the following development standards shall be complied with: (1) The height of the proposed light fixtures shall not exceed 12' at the setback line. A maximum of fire (5 ) light standards (fixtures) shall be permitted on each side of the court. The light fixture height shall be measured from natural grade. (2) The light beam shall not extend off the subject property. Lighting levels, measured at the property line shall not be increased more than one (1) foot candle above the ambient light level . WP/CC ORD 1 Ord. No. 1331 Page 2 (3) Quartz lights shall be prohibited . (4) Lighting shall not be greater than 400 watts per fixture. 2. All Other Zones, Including Multi-Family Residential ' a. No tennis courts shall be allowed within any yard or setback area. b. No more than thirty (30) percent of the requirement for usable landscaped open space and outdoor living and recreation shall be devoted to tennis court development. C. A six (6) foot high solid imasonry wall shall be installed on the property line between the tennis court and adjacent property. Landscape, which screens the tennis court fence, shall be installed within the setback area. d. The height of any tennis court fence shall not exceed ten (10) feet above court surface. e. Tennis courts shall establish the surface level of the court at the lowest elevation or below the natural terrain. f. Any proposed or existing development proposing tennis courts shall require architectural approval of the total site by the Planning Commission pursuant to Section 9404.00. Plans , including plot plan, grading plan, landscape plan, lighting diagram, light specification, neighboring property diagram, I and application, shall be submitted to the Planning Division. Where an existing development is proposing to add a tennis court(s) a Minor Architectural Approval Application shall be filed. g. Night lighting of tennis courts must maintain a 60 foot setback from property lines and the above-listed conditions "a-f" must be complied with. In addition, the following development standards shall be complied with: (1) The height of the proposed light fixtures shall not exceed 18° . The light fixture height shall be measured from natural grade . (2) The light beam shall not extend off the subject property. Lighting levels, measured at the property line shall not be increased more than one (1) -foot candle above the ambient light level . (3) Quartz lights shall be prohibited. (4) Lighting shall not be greater than 1000 watts. Bo In cases where one or more of the above conditions (except Aol.fo which will be applied in all cases) cannot be met, tennis courts may be I allowed under Conditional Use Permit approved by the Planning Commission in accordance with Section 9402.00. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. Ord. No. 1331 Page 3 SECTION 3. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 19th — day of April 1989. I AYES: Councilmembers Apfelbaum, Foster, Neel and Mayor Bono NOES: Councilmember Broich ABSENT: None ATTEST: CITY OF PALM SPRINGS, C ,I-FORNIA i By '<----) Mayor City Clerk REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1331, was duly adopted by the City Council of the City of Palm Springs, in a meeting thereof held ;on the date above shown, and published in the DESERT SUN, a newspaper of general circulation printed and published in said City on April 27, 1989. J bITH SUMICH City Clerk I J r• ORDINANCE NO. 1332 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING ORDINANCE 11.32 . 040 IN' REGARD TO AUTHORIZATION FOR PRESCRIBING I INTERIM PROMOTIONAL FEES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFOR- NIA, DOES ORDAIN AS FOLLOWS: SECTION 1. PURPOSE. To establish authorization for the Director of General Operations to prescribe Interim Pro- motional Golf Course Fees for periods not to exceed 100 consecutive days. SECTION 2 . Section 11. 32. 040 of the Palm Springs Municipal Code is hereby amended to read as follows: 11. 32 . 040 Green Fees-- Season ticket: fees. The green fees, season ticket fees, and other special fees for the use of the Palm Spring Municipal Golf Course, or facili- ties thereof, shall be prescribed by resolution of the City Council, except that the Director of General oper- ations is authorized to set interim promotional fees for periods of up to 100 days provided that such fees do not exceed the standard adopted fees. ' SECTION 2 . EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3 . The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display adver- tisement, duly prepared according to law, to be pub- lished in accordance with law. ADOPTED this 17th day of May , 1989. AYES: Councilmembers Broich, Foster, Neel and Mayor pro tem Apfelbaum NOES: None ABSENT: Mayor Bono ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By, .-City Clerk -" Mayor REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1332, was duly adopted by the City Council of the City of Palm I Springs in a meeting thereof held on the date shown above, and published in the DESERT SUN, a newspaper of general circulation printed and published in said City on May 25, 1989. 'JUDITH SUMICH City Clerk ORDINANCE NO. 1333 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO ADULT ENTERTAINMENT ESTABLISHMENTS, GASOLINE PRICE SIGNS, REAL ESTATE SIGNS, CONVERSION OF SECOND STORY SPACE TO RESIDENTIAL USE, AND MANUFACTURED HOUSING. The Council of the City of Palm Springs, California, does ordain as follows: SECTION 1. Section 9100. 10 A.9. of Ordinance No. 1294, the Palm Springs Zoning Ordinance, is hereby amended to read: "ADULT ENTERTAINMENT ESTABLISHMENTS shall mean any business or establishment where patrons may observe or participate in specified sexual activities or view specified anatomical areas, or which has as a substantial portion of its stock-in-trade and offers for sale or viewing for any form of consideration any printed matter, photographic or film depictions or devices or paraphernalia which depict or are characterized by an emphasis upon the depiction or description or engagement in specified sexual activities or specified anatomical areas. This definition shall not include an establishment where a medical practicioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in sexual therapy. 1) 'Specified. . . '" SECTION 2. Section 9201.01 A. of Ordinance No. 1294, the Palm Springs Zoning Ordinance, is hereby amended by adding the following: 6. Manufactured housing on permanent foundations as allowed in Section 65852.3 of the California Government Code and Section 18551 of the California Health & Safety Code provided: a. Roof overhangs must be designed as an integral part of the roof structure, with a minimum overhang of 36 inches. b. Roofing materials shall comply with the Uniform Building Code and Uniform Building Code Standards as adopted by the City of Palm Springs and shall be limited to those customarily utilized in the desert. c. Siding materials shall comply with the Uniform Building Code and Uniform Building Code Standards as adopted by the City of Palm Springs and shall be limited to those customarily utilized in the desert. d. The unit shall not be greater than ten (10) years of age at the time it is placed on the lot. " /0 ~j C�L— Subsection D.4. of Section 9201.01 of Ordinance No. 1294, the Palm Springs Zoning Ordinance, is hereby repealed. SECTION 3. Section 9209.01 B. 1. of Ordinance No. 1294, the Palm Springs Zoning Ordinance, is hereby amended by adding the following: "o. Conversion of existing upper-story floor area to apartments. The following standards shall apply: 1. Each unit shall contain complete kitchen and sanitary facilities. 2. No outdoor storage may be visible from any street. 3. Such conversion shall be subject to applicable building code provisions. 4. Additional standards as deemed appropriate by the Director of Community Development, including considerations for open space, parking, and trash collection. " SECTION 4. Section 9320.05 C.2. of Ordinance No. 1294, the Palm Springs Zoning Ordinance, is hereby amended to read as follows: "Gasoline Price Signs. 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 Code 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. " SECTION 5. Section 9320.07-2.e. of Ordinance 1294, the Palm Springs Zoning Ordinance, is hereby amended to read as follows: "One (1) small added sign, commonly referred to as a "rider" sign not to exceed three (3) inches, x the width of the "main" sign, single faced with ivory background 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 OR RENT (d) SOLD (e) RADIO REALTY INFORMATION (f) TYPES OF AMENITIES (g) AGENT'S NAME (h) OTHER REASONABLE OR APPROPRIATE ITEMS" SECTION 6. Section 9320.07 of the Ordinance 1294, the Palm Springs Zoning Ordinance, is hereby amended by adding the following: 6. The design and placement of temporary real estate open house directional signs are subject to the following provisions: 1. Such signs must be related to a single-family or individual condominium dwelling unit which is offered for resale purpose only. 2. Such signs may contain only the words "Open House" , together with an arrow. 3. Such sign shall be ground-mounted and the height of such installed signs shall not exceed three (3) feet from the ground. 4. Such signs shall not be placed in the public right-of-way or on any public property, and shall only be placed on private property with the consent of the property owner. 5. Such signs shall only be in place during daylight hours. 6. No flags, banners, streamers, pennants or other adornment shall be permitted in association with the placement of such sign. 7. The size of such signs shall not exceed two (2) square feet. 8. Such signs may be double-faced and the colors shall be an ivory background with brown letters. Posts shall be brown or black in color. ' 9. Two such signs shall be allowed for each unit offered for resale. 10. Only one such sign shall be installed at any one location. 11. Such signs shall not be located so as to be viewed from Palm Canyon Drive or Tahquitz/Tahquitz-McCallum Way. " SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 8. Section 6 of this Ordinance shall be in effect for one (1) year from the date of adoption and shall then expire unless otherwise extended. SECTION 9. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 7th day of June 1989. AYES: Councilmembers Broich, Foster, and Mayor Bono NOES: Councilmembers Apfelbaum, Neel ABSENT: None ATTEST: CITY OF PALM SPRIG 7�'CALIFORNLA V By City Clerk Mayor i REVIEWED & APPROVED: _ I HEREBY CERTIFY that the foregoing Ordinance 1333, was duly adopted by the City Council of the City of Palmer' .gs in a meeting thereof held on the date shown above, at� 1 ? published in the DESERT SUN, a newspaper of general it at.0 printed and published in said City on May 10, & June 1;6,:-1g89 � .vinTTu 1 I11MTrH - - );— ORDINANCE NO. 1334 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A TRANSPORTATION UNIFORM MITIGATION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. (1) The City Council of the City of Palm Springs finds that future development within the City of Palm Springs and within the Coachella Valley to the year 2010 will result in traffic volumes in excess of capacity on the regional system of streets , arterials and highways now existing. (2) The City Council finds that failure to expand the capacity of the existing circulation system will cause unacceptable levels of congestion on the streets and arterials of the regional system. (3) The City Council also finds and declares that in the absence of this Ordinance imposing a fair-share traffic fee upon new development, existing and future sources of revenue are inadequate to fund substan- tial portions of the regional transportation system improvements needed to avoid unacceptable levels of congestion and related adverse impacts . (4 ) The City Council finds that exactions from development will construct only a portion of the local and regional facilities and that the adoption of this Transportation Uniform Mitigation Fee ordinance will ' raise the additional revenues needed to construct the improvements to accommodate traffic that will be generated by development of land within the City and within the Coachella Valley. (5) The City Council also finds that the Coachella Valley Area Transporta- tion Study has determined the extent to which the new development of land will generate traffic volumes impacting the roadway system and that this Ordinance establishes a fair and equitable method for distributing the unfunded costs of transportation improvements necessary to accom- modate the traffic volumes generated by such development. (6) The City Council further finds that the regional transportation improve- ments and the Transportation Uniform Mitigation Fee established by this Ordinance are based on the findings of the 1987 Coachella Valley Area Transportation Study whose policy-committee members represented all nine cities in the Coachella Valley and Riverside County. This study has established that growth in the year 2010 will affect the entire regional transportation system and therefore the area of impact for future development is the entire Coachella Valley as defined in this Ordinance. The Study make the following additional findings : (a) Population and employment within the Coachella Valley is expected to double by the year 2010 and would cause Levels of Service E and F (as defined in the National Academy of Sciences 1964 Highway ' Capacity Manual and as updated in the 1985 Highway Capacity Manual , Special Report 209) on existing streets and arterials. WP/CC ORD Ord. No . 1334 Page 2 (b) The Coachella Valley Area Transportation Study shows that by the year 2010 the Coachella Valley will increasingly become a more integrated and inter-dependent region where 92% of all daily trips will stay within the Valley, most as inter-city trips for both residents and visitors. (c) The 1181 Coachella Valley Area Transportation Study modeled and evaluated the effect of projected growth to the year 2010 on all major streets and highways in the Coachella Valley and found that without expansion , the transportation system would suffer severe congestion. Further, the study showed that the recommended trans- portation improvements would accommodate the traffic anticipated in the year 2010 at the desired Level of Service C. (d) In the year 2010, according to the Coachella Valley Area Trans- portation Study, the Valley will remain a self-contained community where jobs and the labor force are well-balanced. The increase in inter-city travel , however, will result in an increase in average trip length. (e) Existing and future sources of public revenues are insufficient to fund all the needed transportation improvements. (f) The revenues generated by this Transportation Mitigation Fee will provide the additional funds necessary to construct the trans- portation improvements and provide the additional capacity needed by the year 2010 to accommodate the traffic generated by the development of land in the City and in the Coachella Valley. (g) The Transportation Mitigation Fee is a fair and equitable method of distributing the cost of transportation improvements among the developments which will generate the increased traffic. (7) The City Council adopts all findings and incorporates by reference all findings contained in the following Reports/Studies , which Reports /Studies are on file in the office of the Director of Community Develop- ment. - Coachella Valley Area Transportation Study, dated December, 1987; - Transportation Uniform Mitigation Fee Ordinance Report, dated June, 1988; - Transportation Expenditure Plan : Scope and Cost Review, May, 1988 by Bechtel Civil , Inc. , herein; - Institute of Transportation Engineers (ITE) , 3rd Edition, with the exception as referenced in this Ordinance , Section 2 (6) . SECTION 2. DEFINITIONS (1) "Coachella Valley" means those combined boundaries of the Palm Springs Unified School District, Desert Sands Unified School District and that part of the Coachella Unified School District within Riverside County. (2) "Regional System" means those streets , arterials , and road improvements named in this Ordinance as the Regional System as set forth in Section 9 or as may subsequently be amended. (3) The "Coachella Valley Area Transportation Study" means that report pub- lished by the Southern California Association of Governments and dated December, 1987, or as subsequently amended by the entities/jurisdictions of the Coachella Valley Association of Governments. WP/CC ORD Ord. No. 1334 Page 3 (4) "Average Weekday Trips" means the average number of daily vehicle trips to or from a designated land use Monday through Friday. (5) "Change of Use" means any change in the use of an existing building which results in the increase of vehicular trips . (6) "Trip Generation Rate" means the number of average weekday trips generated by a particular land use. The Trip Generation Rate for each of the following land-use categories shall be the rate published by the Institute of Transportation Engineers (ITE) , 4th edition , or as revised , as noted in Section VII ; 'Trip Generation Land Use Code' , calculated upon the measurement herein specified. If a developer is required to prepare a traffic study, the trip-generation rate shall be as determined by that traffic study and approved by the appropriate general purpose government, but in no case may the rates be less than the ITE rates calculated upon the measurement as herein specified . Trip-generation rates shall be calculated based upon the following measurement: Residential Single-family, Multi-family, Condominiums , Planned Unit Develop- ments, and Mobile homes shall be calculated per dwelling unit. Lodging Hotels , Resorts Hotels, and Motels shall be calculated per room. Restaurants Low turnover, Sit-down, high turnover, and Drive-through shall be calculated per 1000 sq. ft. gross floor area . Retail Stand-alone convenience store and shopping centers shall be cal- culated per 1000 gross square feet. Office Space Office space shall be calculated per 1000 square feet of gross floor area . Banks Walk-in , with Drive-through, Savings & Loan and Savings & Loan with Drive-through shall be calculated per 1000 gross square feet . Light Industry/Manufacturing Industrial Park and manufacturing shall be calculated per 1000 gross square feet. Medical Hospitals shall be calculated per 1000 gross square feet. Recreation Golf Courses independent of hotels shall be calculated per parking space; Racquet clubs shall be calculated per court. Convention Centers Shall be calculated per 1000 gross square feet. (7) "Development" means any activity which requires discretionary or ministerial action by the City resulting in the issuance of grading, building, plumbing, mechanical , or electrical permits , or certificates of occupancy issued by the City to construct, or change the use of, a building or property. Where development applies to an enlargement of an existing building, or change of use of an existing building which results in increased vehicle trips , the average weekday trips shall be only the additional trips in excess of those associated with the existing use. WP/CC ORD Ord . No. 1334 Page 4 (8) "The Coachella Valley Association of Governments," hereinafter CVAG, means the legal entity which will manage and administer the Transporta- tion Uniform Mitigation Fee in accordance with the laws of the State of California. SECTION 3. APPLICABILITY. The provisions of this Ordinance shall apply only to new development yet to receive final discretionary approval and/or issuance ' of a building permit or other development right and to any reconstruction or new use of existing buildings that results in change of use and generates additional vehicular trips. SECTION 4. ESTABLISHMENT OF TRANSPORTATION MITIGATION FEE. (1) There is herby established a Transportation Uniform Mitigation Fee, the proceeds of which shall be placed in the trust fund established by CVAG and used to construct the transportation improvements and provide the additional capacity needed by the year 2010 to accommodate the traffic generated by the development of land in the City and in the Coachella Valley. (2) The amount of the mitigation fee shall be based on the trip generation rate and as recommended by CVAG. The Council shall adopt by resolution the fee amount recommended by CVAG or may adopt a higher fee amount. The Executive Committee of CVAG shall annually review and, if necessary, amend the amount of the recommended mitigation fee to insure that it is a fair and equitable method of distributing the costs of the improve- ments necessary to accommodate traffic volumes generated by future growth. (3) The Council shall annually review and , if necessary, amend the amount of the mitigation fee to insure that it is a fair and equitable method of distributing the costs of the improvements necessary to accommodate traffic volumes generated by future growth. If the amount of the recom- mended mitigation fee is amended by CVAG pursuant to CVAG's annual review, the Council shall amend its fee amount in accord or in an amount greater. (4) No Tract map, parcel map, conditional use permit, land use permit or other entitlement shall be approved unless payment of the mitigation fee is a condition of approval for any such entitlement. The mitigation fee shall be paid to the City. (5) No building or similar permit, certificate of occupancy or business license reflecting a change of use shall be issued unless the applicant has paid the mitigation fee . (G) Mitigation fees shall be imposed and collected by the City and shall be transmitted to CVAG to be placed in the Coachella Valley Transportation Mitigation Trust Fund. All interest or other earnings of the Fund shall be credited to the Fund . SECTION 5. EXEMPTIONS. The following developments are exempted from payment of the fee required by this Ordinance: (1) Low and lower-income residential housing, including single-family homes , apartments , and mobile homes built for those whose income is no more than 80% of the median income in the San Bernardino-Riverside Standard Metropolitan Statistical Area and as determined and approved by the legislative body or its designee. The sales or rental price shall not exceed the affordability criteria as established under HUD Section 8 guidelines . (2) Public buildings , public schools, and public facilities unless they are primarily for lease to private, for-profit enterprises. WP/CC ORD Ord . No. 1334 Page 5 (3) Buildings used for religious purposes but excluding other commercial properties or businesses owned by a religious institution . (4) The reconstruction of any building so long as the reconstructed building both continues a use of the same category as the prior use and generates the same or fewer trips as the original building and reconstruction com- mences within one (1) year from destruction of the building. SECTION 6. CREDITS. (1) Where a developer improves those regional streets identified in Section 9 of this Ordinance beyond the requirements established in Section 6(2) , the developer shall receive a credit against the Transportation Uniform Mitigation Fee. To receive a credit , the developer shall obtain in advance an agreement with CVAG pursuant to CVAG's rules and regulations . That credit shall be an amount equal to the actual engineering and con- struction costs incurred at the time of the development to the extent that CVAG has included those costs in its estimated cost of constructing the regional system. (2) The fees required by this Ordinance shall be in addition to any fees , conditions or exactions for on-site and off-site improvements imposed upon projects pursuant to state and local laws , ordinances , or adminis- trative policy which may authorize the imposition of conditions , fees or exactions on development and the developer shall not be entitled to any credits for such fees, conditions or exactions . (3) If a developer constructs , or is required by the City to construct, any portion of the regional network as identified in Section 9 of this Ordinance in excess of that required to meet standard street require- ments as provided by local ordinances , municipal codes , and the City' s General Plan, the developer shall be entitled to a credit for the cost ' of such excess construction. All such construction on the regional net- work must have the approval of CVAG as to plans and detailed costs estimates. (4) Should the credit exceed the applicant's total fee, the difference may be credited against any of the applicant's future development within five (5) years which would be subject to the fee. The credit may not be refunded in cash. (5) Should a developer provide improvements which benefit adjacent undeveloped land , the developer may be reimbursed for a proportionate share of the cost of such improvements contingent upon future Fees con- tributed from other benefited developments and pursuant to special agreements made in advance with CVAG and in accordance with CVAG' s rules and regulations . SECTION 7. APPEAL PROCESS. An applicant who disputes the fee may file a written notice of appeal with the Executive Committee of CVAG within 15 days of imposition of the fee. The Executive Committee of CVAG must decide the appeal by majority vote and within 60 days of the filing of the appeal . SECTION 8. SEVERABILITY. If any one or more of the terms, provisions , or sections of this Ordinance shall to any extent be adjudged invalid , unenforce- able, voidable for any reason whatsoever by a court of competent jurisdiction , each and all of the remaining terms , provisions , and sections of this ' Ordinance shall not be affected thereby and shall be valid and enforceable. SECTION 9. LIST OF PROJECTS ON THE REGIONAL SYSTEM. The following trans- portation projects are those which when completed will together mitigate the traffic impacts of future growth in the year 2010 throughout the Coachella Valley. The following list of projects shall be annually reviewed and may be amended from time to time by CVAG. WP/CC ORD Ord . No. 1334 Page 6 Freeway Interchanges : Gene Autry at I-10 Ramon at I-10 Monterey at I-10. Cook at I-10 Washington at I-10 Jefferson at I-10 Avenue 56 at Highway 86 Railroad Crossings South of I-10 Gene Autry Trail Ramon Monterey Cook Washington Avenue 56 Major Primary Arterial (Involving multiple jurisdictions) Mid-Valley Parkway (by segment) Gene Autry Trail/Palm Drive Gene Autry to Monterey Palm Springs Bypass (Whitewater Bypass) Gene Autry/Palm Canyon (North of PS Bypass) Ramon Gerald Ford Frank Sinatra Monterey Cook Country Club 48th Avenue Madison Jefferson Fred Waring Drive 52nd Avenue Date Palm Drive Vista Chino Washington Bob Hope Avenue 56 BRIDGES ACROSS WHITEWATER (Widening or New Bridge) Gene Autry Ramon Frank Sinatra Monterey Cook E1 Dorado Madison Washington Jefferson Fred Waring Drive (2 bridges) Vista Chino Country Club BRIDGES OVER OTHER CHANNELS 48th at All American (2 bridges) Madison (2 bridges) Jefferson (3 bridges) Washington (La Quinta Evac Channel ) 52nd at All American Canal Avenue 56 at Coachella Valley Storm Channel (widen) Ramon Road at Baristo Channel The Uniform Transportation Mitigation Fee shall be solely used toward funding the engineering and construction of, and purchasing right-of-way for, these WP/CC ORD Ord. No. 1334 Page 7 Regional System projects and any other purposes consistent with this Ordinance. The Fee may not be used for system maintenance . CVAG shall annually establish priorities for the Regional System projects bases on the criteria set forth in the Uniform Transportation Mitigation Fee Ordinance Report, Section 4.3, Exhibit B. SECTION 10. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after adoption with the following exception: The portion of this ordinance which imposes a fee upon a single-family or multi- family development project shall be effective sixty (60) days after adoption. SECTION 11. 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 pub- lished in accordance to law. ADOPTED this 21st day of June--.--------, 1989. AYES: Councilmembers Apfelbau, Broich, Neel and Mayor Bono NOES: None ABSENT: Councilmember Foster ATTEST: CITY OF PALM SPRINGS, CALIFORNI-A By(� -L_ _ i-� I ---- ✓� City Clerk - -� -r ''� May6rr " REVIEWED & APPROVED: v I HEREBY CERTIFY that the foregoing Ordinance 1334, was duly adopted by the City Council of the City of Palm Springs, in a meeting thereof held on the date shown above, and published in the DESERT SUN, a newspaper of general circulation, printed and published in said City on June /8, and July 3, 1989. D-11JU TTH SUMICFI City Clerk WP/CC ORD C;) ORDINANCE N0. 1334 A A AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A TRANSPORTATION UNIFORM MITIGATION FEE AS AN URGENCY MEASURE. ] THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. (1) The voters have approved Measure A, imposing a County sales tax increase for the purpose of mitigating the transportation problems of the County; and (2) The sales tax increase is effective July 1 , 1989 and Measure A requires the City to adopt a fee for new construction to provide local funds for transportation projects in order to receive Measure A funds; and (3) The City finds that receipt of Measure A funds are necessary to protect the public health, welfare and safety; and (4) On June 21 , 1989, the City adopted a Transportation Uniform Mitigation Fee in compliance with Measure A, but such fee will not take effect until July 21 , 1989 and a portion of such fee which is imposed on single and multi-family development projects will take effect until August 21 , 1989 pursuant to State law; and (5) The City adopts this interim urgency measure pursuant to Government Code, Section 65962 to be effective immediately in order to comply with Measure A requirements and receive Measure A funds to protect the public health, welfare and safety; and (6) The City Council of the City of Palm Springs finds that future development within the City of Palm Springs and within the Coachella Valley to the year 2010 will result in traffic volumes in excess of capacity on the regional system of streets, arterials and highways now existing; and (7) The City Council finds that failure to expand the capacity of the existing circulation system will cause unacceptable levels of congestion on the streets and arterials of the regional system; and (8) The City Council also finds and declares that in the absence of this Ordinance imposing a fair-share traffic fee upon new development, existing and future sources of revenue are inadequate to fund substan- tial portions of the regional transportation system improvements needed to avoid unacceptable levels of congestion and related adverse impacts ; and (9) The City Council finds that exactions from development will construct only a portion of the local and regional facilities and that the adoption of this Transportation Uniform Mitigation Fee ordinance will raise the additional revenues needed to construct the improvements to accommodate traffic that will be generated by development of land within the City and within the Coachella Valley; and (10) The City Council also finds that the Coachella Valley Area Transporta- tion Study has determined the extent to which the new development of land will generate traffic volumes impacting the roadway system and that this Ordinance establishes a fair and equitable method for distributing the unfunded costs of transportation improvements necessary to accom- modate the traffic volumes generated by such development; and WP/CC ORD Ord . No. 1334 Page 2 (11 ) The City Council further finds that the regional transportation improve- ments and the Transportation Uniform Mitigation Fee established by this Ordinance are based on the findings of the 1987 Coachella Valley Area Transportation Study whose policy-committee members represented all nine cities in the Coachella Valley and Riverside County. This study has established that growth in the year 2010 will affect the entire regional transportation system and therefore the area of impact for future ' development is the entire Coachella Valley as defined in this Ordinance . The Study make the following additional findings : (a ) Population and employment within the Coachella Valley is expected to double by the year 2010 and would cause Levels of Service E and F (as defined in the National Academy of Sciences 1964 Highway Capacity Manual and as updated in the 1985 Highway Capacity Manual , Special Report 209) on existing streets and arterials . (b) The Coachella Valley Area Transportation Study shows that by the year 2010 the Coachella Valley will increasingly become a more integrated and inter-dependent region where 92% of all daily trips will stay within the Valley, most as inter-city trips for both residents and visitors . (c) The 1987 Coachella Valley Area Transportation Study modeled and evaluated the effect of projected growth to the year 2010 on all major streets and highways in the Coachella Valley and found that without expansion , the transportation system would suffer severe congestion . Further , the study showed that the recommended trans- portation improvements would accommodate the traffic anticipated in the year 2010 at the desired Level of Service C . (d) In the year 2010, according to the Coachella Valley Area Trans- ' portation Study, the Valley will remain a self-contained community where jobs and the labor force are well-balanced. The increase in inter-city travel , however , will result in an increase in average trip length. (e) Existing and future sources of public revenues are insufficient to fund all the needed transportation improvements. (f) The revenues generated by this Transportation Mitigation Fee will provide the additional funds necessary to construct the trans- portation improvements and provide the additional capacity needed by the year 2010 to accommodate the traffic generated by the development of land in the City and in the Coachella Valley. (g) The Transportation Mitigation Fee is a fair and equitable method of distributing the cost of transportation improvements among the developments which will generate the increased traffic; and (12) The City Council adopts all findings and incorporates by reference all findings contained in the following Reports/Studies , which Reports /Studies are on file in the office of the Director of Community Develop- ment. - Coachella Valley Area Transportation Study, dated December, 1987 ; - Transportation Uniform Mitigation Fee Ordinance Report, dated June , 1988; - Transportation Expenditure Plan : Scope and Cost Review, May, 1988 by Bechtel Civil , Inc . , herein; - Institute of Transportation Engineers (ITE) , 3rd Edition, with the exception as referenced in this Ordinance, Section 2 (6) . WP/CC ORD Ord . No. 1334 e Page 3 SECTION 2. DEFINITIONS ( 1) "Coachella Valley" means those combined boundaries of the Palm Springs Unified School District, Desert Sands Unified School District and that part of the Coachella Unified School District within Riverside County. (2) "Regional System" means those streets , arterials , and road improvements named in this Ordinance as the Regional System as set forth in Section 9 or as may subsequently be amended . (3) The "Coachella Valley Area Transportation Study" means that report pub- lished by the Southern California Association of Governments and dated December, 1987, or as subsequently amended by the entities/jurisdictions of the Coachella Valley Association of Governments . (4) "Average Weekday Trips" means the average number of daily vehicle trips to or from a designated land use Monday through Friday. (5) "Change of Use" means any change in the use of an existing building which results in the increase of vehicular trips . (6) "Trip Generation Rate" means the number- of average weekday trips generated by a particular land use . The Trip Generation Rate for each of the following land-use categories shall be the rate published by the Institute of Transportation Engineers (ITE) , 4th edition , or as revised , as noted in Section VII ; 'Trip Generation Land Use Code ' , calculated upon the measurement herein specified . If a developer is required to prepare a traffic study, the trip-generation rate shall be as determined by that traffic study and approved by the appropriate general purpose government, but in no case may the rates be less than the ITE rates calculated upon the measurement as herein specified. Trip-generation rates shall be calculated based upon the following measurement: Residential Single-family, Multi-family, Condominiums , Planned Unit Develop- ments , and Mobile homes shall be calculated per dwelling unit. Lodging Hotels , Resorts Hotels , and Motels shall be calculated per room. Restaurants Low turnover, Sit-down , high turnover , and Drive-through shall be calculated per 1000 sq. ft. gross floor area . Retail Stand-alone convenience store and shopping centers shall be cal - culated per 1000 gross square feet. Office Space Office space shall be calculated per 1000 square feet of gross floor area . Banks Walk-in , with Drive-through , Savings & Loan and Savings & Loan with Drive-through shall be calculated per 1000 gross square feet. Light Industry/Manufacturing Industrial Park and manufacturing shall be calculated per 1000 gross square feet. Medical Hospitals shall be calculated per 1000 gross square feet. WP/CC ORD Ord . No. 1334 Page 4 Recreation Golf Courses independent of hotels shall be calculated per parking space; Racquet clubs shall be calculated per court. Convention Centers Shall be calculated per 1000 gross square feet. (7) "Development" means any activity which requires discretionary or ministerial action by the City resulting in the issuance of grading, building, plumbing, mechanical , or electrical permits , or certificates of occupancy issued by the City to construct, or change the use of, a building or property. Where development applies to an enlargement of an existing building, or change of use of an existing building which results in increased vehicle trips , the average weekday trips shall be only the additional trips in excess of those associated with the existing use. (8) "The Coachella Valley Association of Governments ," hereinafter CVAG, means the legal entity which will manage and administer the Transporta- tion Uniform Mitigation Fee in accordance with the laws of the State of California . SECTION 3. APPLICABILITY. The provisions of this Ordinance shall apply only to new development yet to receive final discretionary approval and/or issuance of a building permit or other development right and to any reconstruction or new use of existing buildings that results in change of use and generates additional vehicular trips . SECTION 4. ESTABLISHMENT OF TRANSPORTATION MITIGATION FEE. , ( 1) There is herby established a Transportation Uniform Mitigation Fee , the proceeds of which shall be placed in the trust fund established by CVAG and used to construct the transportation improvements and provide the additional capacity needed by the year 2010 to accommodate the traffic generated by the development of land in the City and in the Coachella Valley. (2) The amount of the mitigation fee shall be based on the trip generation rate and as recommended by CVAG . The Council shall adopt by resolution the fee amount recommended by CVAG or may adopt a higher fee amount. The Executive Committee of CVAG shall annually review and , if necessary, amend the amount of the recommended miitigation fee to insure that it is a fair and equitable method of distributing the costs of the improve- ments necessary to accommodate traffic volumes generated by future growth. (3) The Council shall annually review and , if necessary, amend the amount of the mitigation fee to insure that it 'is a fair and equitable method of distributing the costs of the improvements necessary to accommodate traffic volumes generated by future growth . If the amount of the recom- mended mitigation fee is amended by CVAG pursuant to CVAG' s annual review, the Council shall amend its fee amount in accord or in an amount greater . (4) No Tract map, parcel map, conditional use permit, land use permit or ' other entitlement shall be approved unless payment of the mitigation fee is a condition of approval for any such entitlement. The mitigation fee shall be paid to the City. WP/CC ORD / f Ord . No, 1334 ^ Page 5 A (5) No building or similar permit, certificate of occupancy or business license reflecting a change of use shall be issued unless the applicant has paid the mitigation fee . (6) Mitigation fees shall be imposed and collected by the City and shall be transmitted to CVAG to be placed in the Coachella Valley Transportation ' Mitigation Trust Fund. All interest or other earnings of the Fund shall be credited to the Fund. SECTION 5. EXEMPTIONS. The following developments are exempted from payment of the fee required by this Ordinance: (1) Low and lower-income residential housing, including single-family homes , apartments , and mobile homes built for those whose income is no more than 80% of the median income in the San Bernardino-Riverside Standard Metropolitan Statistical Area and as determined and approved by the legislative body or its designee. The sales or rental price shall not exceed the affordability criteria as established under HUD Section 8 guidelines . (2) Public buildings , public schools , and public facilities unless they are primarily for lease to private, for-profit enterprises. (3) Buildings used for religious purposes but excluding other commercial properties or businesses owned by a religious institution . (4) The reconstruction of any building so long as the reconstructed building both continues a use of the same category as the prior use and generates the same or fewer trips as the original building and reconstruction com- mences within one (1) year from destruction of the building. SECTION 6. CREDITS. ( 1 ) Where a developer improves those regional streets identified in Section 9 of this Ordinance beyond the requirements established in Section 6(2) , the developer shall receive a credit against the Transportation Uniform Mitigation Fee . To receive a credit, the developer shall obtain in advance an agreement with CVAG pursuant to CVAG' s rules and regulations . That credit shall be an amount equal to the actual engineering and con- struction costs incurred at the time of the development to the extent that CVAG has included those costs in its estimated cost of constructing the regional system. (2) The fees required by this Ordinance shall be in addition to any fees , conditions or exactions for on-site and off-site improvements imposed upon projects pursuant to state and local laws , ordinances , or adminis- trative policy which may authorize the imposition of conditions , fees or exactions on development and the developer shall not be entitled to any credits for such fees , conditions or exactions . ( 3) If a developer constructs , or is required by the City to construct, any portion of the regional network as identified in Section 9 of this Ordinance in excess of that required to meet standard street require- ments as provided by local ordinances , municipal codes , and the City's General Plan , the developer shall be entitled to a credit for the cost 1 of such excess construction . All such construction on the regional net- work must have the approval of CVAG as to plans and detailed costs estimates . (4) Should the credit exceed the applicant' s total fee, the difference may be credited against any of the applicant's future development within five (5) years which would be subject to the fee. The credit may not be refunded in cash. WP/CC ORD Ord . No. 1334 Page 6 (5) Should a developer provide improvements which benefit adjacent undeveloped land , the developer may be reimbursed for a proportionate share of the cost of such improvements contingent upon future fees con- tributed from other benefited developments and pursuant to special agreements made in advance with CVAG and in accordance with CVAG' s rules and regulations . SECTION 7. APPEAL PROCESS. An applicant who disputes the fee may file a ' written notice of appeal with the Executive Committee of CVAG within 15 days of imposition of the fee. The Executive Committee of CVAG must decide the appeal by majority vote and within 60 days of the filing of the appeal . SECTION 8, SEVERABILITY. If any one or more of the terms , provisions , or sections of this Ordinance shall to any extent be adjudged invalid , unenforce- able , voidable for any reason whatsoever by a court of competent jurisdiction , each and all of the remaining terms , provisions , and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable . SECTION 9. LIST OF PROJECTS ON THE REGIONAL SYSTEM. The following trans- portation projects are those which when completed will together mitigate the traffic impacts of future growth in the year 2010 throughout the Coachella Valley. The following list of projects shall be annually reviewed and may be amended from time to time by CVAG. Freeway Interchanges : Gene Autry at I-10 Ramon at I-10 Monterey at I-10. Cook at I-10 Washington at I-10 Jefferson at I ' Avenue 56 at Highway 86 Railroad Crossings South of I-10 Gene Autry Trail Ramon Monterey Cook Washington Avenue 56 Major Primary Arterial (Involving multiple jurisdictions) Mid-Valley Parkway (by segment) Gene Autry Trail /Palm Drive Gene Autry to Monterey Palm Springs Bypass (Whitewater Bypass) Gene Autry/Palm Canyon (North of PS Bypass ) Ramon Gerald Ford Frank Sinatra Monterey Cook Country Club 48th Avenue Madison Jefferson Fred Waring Drive 52nd Avenue Date Palm Drive Vista Chino Washington Bob Hope Avenue 56 WP/CC ORD Ord . No. 1334 Page 7 BRIDGES ACROSS WHITEWATER (Widening or New Bridge) Gene Autry Ramon Frank Sinatra Monterey Cook E1 Dorado Madison Washington Jefferson Fred Waring Drive (2 bridges) Vista Chino Country Club BRIDGES OVER OTHER CHANNELS 48th at All American (2 bridges) Madison (2 bridges) Jefferson (3 bridges) Washington (La Quinta Evac Channel ) 52nd at All American Canal Avenue 56 at Coachella Valley Storm Channel (widen) Ramon Road at Baristo Channel The Uniform Transportation Mitigation Fee shall be solely used toward funding the engineering and construction of, and purchasing right-of-way for , these Regional System projects and any other purposes consistent with this Ordinance . The Fee may not be used for system maintenance. CVAG shall annually establish priorities for the Regional System projects bases on the criteria set forth in the Uniform Transportation Mitigation Fee Ordinance Report, Section 4.3, Exhibit B. SECTION 10. 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 thirty (30) days from its day of adoption except that before thirty (30) days from its day of adoption the City Council after notice and public hearing pursuant to government code Sections 54986 and 54992 may extend the time this Ordinance will be in full force and effect for an additional thirty (30) days and subsequently may extend this Ordinance for an additional thirty (30) days. Any such extension shall also require a four-fifths vote of the City Council for adoption . SECTION 11 . 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 pub- lished in accordance to law. ADOPTED this 27th _ day of June 1989. AYES: Councilmembers Apfelbaum, Broich, Foster, Neel and Mayor Bono NOES: None ABSENT: None IATTEST: CITY OF LM SPRINGS LIFORNIA �- City Clerk C� ay or REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1332A was duly adopted by the City Council of teh City of Palm Springs, in a meeting held on the 27th day of June, 1989, and that same as duly published in the DESERT SUN, a newspaper of general WPlCC �Drculation, pringed and publish sai Ci on June 3`.O, 1989. UDITH SUMICH ORDINANCE NO. 1335 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNCIPAL CODE, CHAPTER 11.02 TO ADOPT AND AMEND THE 1988 EDITION OF THE UNIFORM FIRE CODE THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 11.01.010 of the Palm Springs Municipal Code, is hereby amended to read as follows: 11.02.010 Uniform Fire Code Adopted. That certain document, a copy of which is on file in the office of the City Clerk, entitled "Uniform Fire Code, 1988 Edition" and all appendices, tables and indices thereto, except as hereinafter modified, are hereby adopted as the Fire Code of the City of Palm Springs by reference, pursuant to the provisions of Government Code Section 50022. 1 et. seq. SECTION 2. Section 11.02.020 of the Palm Springs Municipal Code is hereby amended to read as follows: 11.02.020 Aditions, deletions and amendments. The Uniform Fire code adopted herein by reference is amended by the following additions, deletions and amendments: (1) Add Subsection 10.207 (rru) Fire Lanes on private Property, Devoted to Public Use. In all locations where access for fire suppression or rescue purposes is unduly difficult or subject to obstruction, the Fire Chief may designate fire lanes and cause them to be posted as such. No vehicle or apparatus shall obstruct such fire lanes in any manner that would deter or hinder the Fire Department from gaining immediate access and use of such designated fire lane. (2) Add Subsection 10.309 (f) Standpipes. Class II and III standpipe outlets shall be accessible and shall be located so that all areas of the building can be reached by a variable fog nozzle attached to 100-125 feet of 12" lined hose tested 300-500 psi . (3) Amend Subsection 10.306 (b) Automatic Sprinkler Systems. An approved, automatic fire sprinkler system shall be installed in every building except detached single family residences where the gross floor area exceeds 3,000 square feet; or any building regardless of size which`fs-wilt beyond a Five minute fire Department emergency response time as defined from time-to-time by resolution of the City Council . I NOTES: 1. For purposes of this code section regarding building size, fire resistive walls shall not be considered for purposes of reducing the gross floor area of the building. u ORD. NO. 1335 PAGE 2 2. In all Group R occupancies, the locally modified standard for installation of sprinkler systems in residential occupancies shall be used. Exception: Group R-3 occupancies in Tracts 2082, 2928, 3600 and 8137 are exempt from the five minute response time fire sprinkler requirement. (4) Amend Subsection 10.306 (c) 1. Automatic Sprinkler Systems 1. In all Group A occupancies with an occupant load of 100 or more above the first story of the building. (5) Amend Subsection 10.309 (b) Standpipes Where Required - Table No. 10.309 occupancies having three stories or more shall be required to have a Class III system. (6) Add Subsection 10.309 (f) Existing Standpipes. Occupancies having an existing wet standpipe system which has been determined by the Fire Chief to need replacement, shall be required to replace the hose and nozzle appliances with lined hose tested to 300 psi and variable fog nozzle. All areas of the building must be reached. (7) Add Subsection 10.310 (a) Buildings Under Construction Where Required. Every building shall have domestic water supply available on site and garden hose installed which will reach all portions of the combustible construction areas. Every building three stories or more in height shall be provided with all required Class III standpipes during construction. All standpipes shall be provided with Fire Department inlet connections when required. Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. Where construction height requires installation of a standpipe system, fire pumps and water main connections shall be provided to serve the standpipe. (9) Add Subsection 14. 104 fshal Upon sale of any single family dwelling, the seller l have installed therein, permanently wired or battery powered approved detectors of products of combustion other than heat only, commonly known as smoke detectors. The smoke detectors are required to be State Fire Marshal approved and listed. The seller must obtain certification from the Fire Department of the installation prior to close of sale of property. (10) Amend Subsection 25.115 Open Flame No person shall cause or permit any open flame to be used in a. place of public assemblage, or drinking or eating establishment except when used in conjunction with approved heating or cooking appliances in areas not accessible to the public or under written permit of the Chief. ORD. NO. 1335 PAGE 3 (11) Amend Subsection 25. 116 Use of Candles and Open Flames, Permits. (a) A person shall not use, or allow to be used, any open flame, burning candle or candles in any building or place in such a manner as to create a fire or life hazard. (b) A special permit shall be obtained before serving any flaming foods or drinks on any premises. Such permit shall specify those conditions, as indicated on the permit application, peculiar to the place or use and in addition to the requirements set forth herein. (1) The preparation of foods and drinks is restricted to the table being served. They shall not be transported or carried through rooms or areas while burning. (2) Jellied or semi-solid type fuels may be used to heat foods at the table. (3) Liquid fuel heating devices containing no more than one ounce of fuel may be used. (4) The person preparing the flaming food or drink shall have a wet towel immediately available for use in smothering the flames in the event of emergency. (5) The serving of flaming foods, drinks or desserts shall be done in a safe manner, which would not create high flames. The pouring, ladling or spooning of liquids is restricted to maximum height of eight (8) inches. (6) The flammable liquid used in the preparation of foods, drinks or desserts shall be permitted only when dispensed from one of the following: (a) A one (1) ounce container (b) A container not to exceed one (1) quart with a controlled pourin device, that will limit the flow to one (13 ounce. (7) All containers, when not in use, will be positioned in a secure manner to prevent spillage. (12) Amend Subsection 25. 116 (2) Detailed Requirements for Use ' of Candles and Open Flame Decorative Lighting Devices The following detailed requirements will be used for guidance in the issuance of permits for candles and open flame decorative lighting devices. (a) Open Flame Decorative Lighting: (1) Class 1 flammable liquids shall not be used. (2) Liquid fuel lighting devices shall contain no more than three (3) ounces of fuel . ..._.. - ORD. NO. 1335 PAGE 4 (3) The device shall be so constructed so as to prevent the spilling of liquid fuel when not in an upright position. (4) The base of the device shall be adequate to prevent overturning when the base is not fastened to the table or counter• balanced by weight. (The diameter shall be at least z of the height). (5) The flame must be completely enclosed. (1) Openings on the sides must not be more than 3/8 inches in diameter; (2) Openings on the top must not be more than two (2) inches in diameter. (6) Any shade must be made of fire-resistive materials and securely attached to the lamp. (7) There shall be a minimum of two (2) inches between the top of the flame and the top opening of the device. (b) Candle Holders -- Basic Requirements: (1) The diameter of the base must be at least one-half the height of the candle of candle holder or weighted to prevent overturning. (2) The base must support the light of lamp on the Fib entire perimeter. The use of legs is not permitted unless the lamp is stable. (3) The flame must be completely enclosed. Openings on the sides must not be more than 3/8 of an inch in diameter. Openings on the top must not be more than two (2) inches in diameter. (4) All materials, except the candle itself shall be made of noncombustible materials. (5) The candle must be located in the holder so that there is a minimum of two (2) inches between the top of the flame and the opening of the candle holder. (13) Add Section 25. 118 Detailed Requirements for Insta_llati_o_n_ of Permanent Tiki and/or Luau Torches Using Liquid Fuel or Natural Gas (1) Installer shall obtain permit from the Building Division of the Department of Community Development ' after review and approval of the application for said permit by the Fire Prevention Division. (2) Maximum length of flame shall not exceed twenty-four (24) inches. (3) Flame shall be a minimum of eight feet (8' ) from ground level and entire torch shall be entirely on private property. ORD. NO. 1335 PAGE 5 (4) Minimum size of pipe support shall be one and one half inches (l,") in diameter. EXCEPTION: If mounted on a structure and braced to the satisfaction of the inspection authority, minimum size could be one (1") inch. (5) A radius of five feet (5' ) between torch burner and combustibles shall be maintained. (6) Torches mounted on ground shall be embedded at least twelve inches (12") in an eighteen inch (18") cube of concrete or more if necessary to ensure stability and shall be mounted perpendicular at right angle to the ground. (7) When exposed to probable vehicular damage due to proximity to alleys, driveways or parking areas, torches shall be suitably protected. (8) Where natural gas is used, an approved shut-off valve shall be located at or near the base of the torch and a labeled secondary shut-off shall be located at a readily accessible remote location. Secondary valves may operate one or more torches. 1 (14) Delete Article 61 Section 61. 106 In Its Entirety. (15) Amend 79.501 Restricted Locations The storage of Class I and II liquids in above ground tanks outside of buildings is prohibited. (16) Add Section 82.103 (d) New Installation of Liquified Petroleum Gas. All new installations of liquified petroleum gas with an aggregate capacity of 2000 gallons or more shall be protected by an approved automatic fixed water spray system. The system shall protect the entire surface area of the tank and the cargo tanker transfer area. The system shall be calculated to provide a minimum density of .25 gallons per minute per square foot with a one hour duration water supply. (17) Amend Section 85.107 Exception: U.L. approved multi-adapter outlet boxes that have a built-in 15 ampere circuit breaker, may be utilized provided the other provisions of this section are met. (18) Add Appendix VII Plans and Specifications. With each application for a building permit, one set of plans and specifications for such building shall be submitted to the Division of Fire Prevention. Such plans and specifications shall be complete, and after approval work specified therein shall be executed strictly in accordance with such approved plans and specifications. Any change, erasure, alteration, or modification, affecting fire and life safety on any drawing or specification bearing the stamp of the Division of Fire Prevention, automatically voids the approval of such drawing and specifications unless permission in writing has been obtained from the Division of Fire Prevention for such, 7-- changes. ! d ORD. NO. 1335 PAGE 6 Plans and specifications bearing the stamp of the Division of Fire Prevention shall expire, by limitation, if construction has not commenced within one (1) year from date of stamp. Suspension of abandonment of construction for one hundred eighty (180) days shall also cause expiration of stamped plans and specifications. (19) Add Appendix VIII Fire Emergency Plans. Hotel facilities having a capacity of 100 rooms or more and other facilities designated as critical life safety hazards shall be required, when ordered by the Chief, to develop and implement a "fire emergency plan". The plan shall designated a fire brigade liaison officer and elements approved by the Fire Department. Those personnel who may be assigned to a fire brigade will be required to complete training classes in cooperation with the Fire Department. SECTION 3. THE PRIOR "Uniform Fire Code, 1985 Edition", are each and all hereby repealed. Also, any other ordinances or parts of ordinances in conflict with the herein ordinance are hereby repealed with the exception of Chapter 8.04 of the Palm Springs Municipal Code. SECTION 4. VALIDITY. If any section, subsection, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordi- nance. The City Council of the City of Palm Springs, hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the clauses or phrases being declared invalid. SECTION 5. VIOLATION A MISDEMEANOR. A violation of any provision of this Ordinance or of any code adopted hereby is a misdemeanor, punishable by imprisonment in the County jail not exceeding six months, or by the fine not exceeding one thousand dollars ($1,000), or by both. SECTION 6. VIOLATION A PUBLIC NUISANCE. The City hereby declares a violation of any provision of this Ordinance or of any code adopted hereby to be a public nuisance. 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 of a display advertisement, duly prepared according to law, to be published in accordance with law. ORD. NO. 1335 PAGE 7 The foregoing ordinance was introduced after reading the title and of the titles of the codes adopted thereby, before the City Council of the City of Palm Springs, California at the regular meeting of the City Council held on , 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 the following vote, to wit: ADOPTED THIS 5th—,— DAY OF July 1989 AYES: Coucnilmembers Apfelbaum, Broich, Foster, Neel and Mayor Bono NOES: None ABSENT: None ATTEST:, / CITY PALM SPRING CALIFO IA - ' City Clerk Ma or REVIEWED AND APPROVED____—,__, I HEREBY CERTIFY THAT the foeegoing Ordinance 1335 was duly adopted by the City Council of the City of Palm Springs, in a meeting held on the 5th day of July, 1981, and that same ' was duly published in the DESERT SUN, a newspaper of general circulation, printed and published in said City of May 12, and July 11, 1989. JUDITH SUMICH City Clerk ORDINANCE NO. 1336 AN ORDINANCE OF TI4E CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND AMENDING THE UNIFORM BUILDING CODE, WITH APPENDICES, CHAPTERS 1 , 7, 12 DIVISION II , 23, 32, 35, 38, 49, 51 , 55, 57, 70, THE UNIFORM BUILDING CODE STANDARDS, UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SOLAR ENERGY CODE, UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, UNIFORM ADMINISTRATIVE CODE, AND LIFE SAFETY CODE, ALL BEING THE 1988 EDITIONS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 8.04.005 of the Palm Springs Municipal Code is hereby amended to read as follows: 8.04.005 Citation of Building Code. This chapter, the Uniform Building Code, 1988 Edition; the Uniform Building Code Standards, 1988 Edition; the Uniform Mechanical Code, 1988 Edition; the Uniform Plumbing Code, 1988 Edition; the Uniform Housing Code, 1988 Edition; the Uniform Code For The Abatement of Dangerous Buildings, '1988 Edition, the Uniform Solar Energy Code, 1988 Edition; the Uniform Swimming Pool , Spa and Hot Tub Code, 1988 Edition, the Uniform Administrative Code, 1988 Edition; the National Electrical Code, 1987 Edition, the California Seismic Safety Commission Model Ordinance; and the Life Safety Code, 1988 Edition, may be collectively referred to and cited as the "Palm Springs Building Code. " SECTION 2. Section 8.04.010 of the Palm Springs Municipal Code is hereby amended to read as follows: 8.04.010 Uniform Building Code and Uniform Building Code Standards--Adopted. Those certain documents, a copy of each, which are on file in the office of the city clerk of the city, being marked and designated as "Uniform Building Code, 1988 Edition" and appendices CHAPTERS 1 , 7, 12 Division II, 23, 32, 35, 38, 49, 51 , 55, 57, 70, tables and indices thereto, and "Uniform Building Code Standards, 1988 Edition," except as hereinafter modified, are hereby adopted as the Building Code of the city by reference, pursuant to the provisions of Section 5022. 1 et seq. of the California Government Code. SECTION 3. Section 8.04.015 of the Palm Springs Municipal Code is hereby amended to read as follows: 8.04.015 Uniform Building Code--Additions, amendments and deletions. The Uniform Building Code adopted herein by reference is hereby amended by the following additions, deletions and amendments: (1 ) Subsection 301 (a) , Permits Required, is amended to read as follows: No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any wall , fence, building or structure in the city, or cause the same to be done, without first obtaining a separate building permit for each such wall , fence, building or structure from the Building Official . (2) Subsection 301 (b) , Exempted Work, is deleted. (3) Subsection 303(d) , Expiration, is amended by substituting "120 days" for "180 days" where noted in this Subsection. (4) The following is added to Section 3204(e)1 and (e)2: Fire retardant pressure treated with a minimum Class B Rating. 1988 Uniform Codes Page 2 (5) Section 3802(b) is amended to read as follows: An approved, automatic fire sprinkler system shall be installed in every building except detached single family residences where the gross floor area exceeds 3,000 square feet; or any building regardless of size which is built beyond a five minute Fire Department emergency response time as defined from time-to-time by resolution of the City Council . NOTES: 1 . For purposes of this code section regarding building size, fire resistive walls shall not be considered for purposes of reducing the gross floor area of the building. 2. In all Group R occupancies, the locally modified standard for installation of sprinkler systems in residential occupancies shall be used. Exception: Group R-3 occupancies in Tracts 2082, 2928, 3600 and 8137 are exempt from the five minute response time fire sprinkler requirement. (6) Section 3802(c)l is amended to read as follows: In Group A occupancies with an occupant load of 100 or more above the first story of the building. (7) Section 3805(b) , Where Required, is amended to read as follows: Occupancies three stories or more shall be required to have a Class III System. In addition to the above, standpipe systems shall be as set forth in Table No. 38-A. (8) Section 3806(b) , Construction Standpipe Requirements, is amended to read as follows: Every building, three stories or more in height, shall be provided with not less than one standpipe for Fire department use during construction. Such standpipes shall be installed when the progress of construction is not more than 10 feet in height above grade. Such standpipe shall be provided with fire department inlet connections at accessible locations adjacent to usable stairs, but in no case shall the distance from curb line to fire department connection exceed forty (40) feet. Such standpipe systems shall be extended as construction progresses to the highest point of construction having a secured decking or flooring. (9) The following exception is added at the end of Subsection 4706(e) . EXCEPTION: Weep screeds may be eliminated where the exterior plaster is carried all the way to grade on wall systems where the foundation plate is affixed flush to the edge of an ongrade concrete floor slab and the lath and paper extends at least two inches below the plate line. (10) Items numbered 1 , 8, and 9 are deleted from Appendix Section 7003. (11 ) The following Subparagraph 6 is added to Appendix Subsection 7006(d) Concerning Information on Plans and in Specifications. 6. An effective means of dust control which shall include provisions for adequate watering during the grading process and provision for continuance of dust control after grading, until such time that the graded surface presents sufficient protective cover against wind or water erosion so that special dust control measures are no longer necessary. (12) Appendix Subsection 7014(b) Grading Designation is amended to read as follows: All grading in excess of 2,000 cu. yds. shall be performed in accordance with the approved grading plan prepared by a Civil Engineer, and shall be designated as "engineered grading. " Grading involving less than 2,000 cu. yds. shall be designated "regular grading" unless the permittee, with the approval fo the Building Official , chooses to have the grading performed as "engineered grading. " 1988 Uniform Codes Page 3 EXCEPTION: Grading in excess of 2,001) cu. yds. which is primarily of a landscaping and "fine grading" nature, where no flood hazard is present, may be termed "regular grading" at the discretion of the Building Official . (13) Subsection 4706(d) , Weather Resistive Barriers, is amended to read as follows: Weather resistive barriers shall be installed as required in Section 1707(a) . (14) Appendix Chapter 32, Section 3210, Inspections, is amended by the addition of the following paragraph: All roof top equipment unless exempted by the Building Official , shall be provided with an approved six (6) inch high platform equipped with a sheetmetal cover. Design of the platform shall be as per City detail or approved equal . SECTION 4. Section 8.04.020 of the Palm Springs Municipal Code is hereby amended to read as follows: 8.04.020 Uniform Mechanical Code--Adopted. That certain document, a copy of which is on file in the office of the city clerk of the city being marked and designated as "Uniform Mechanical Code, 1988 Edition," and all appendices, tables and indices -thereto, except as hereinafter modified, is hereby adopted as the Uniform Mechanical Code of the city of Palm Springs, by reference, pursuant to the provisions of Section 50022. 1 et seq. of the California Government: Code. SECTION 5. Section 8.04.025 of the Palm Springs Municipal Code is hereby amended to read as follows: 8.04.025 Uniform Mechanical Code--Additions and Amendments. The Uniform Mechanical Code adopted herein by reference is hereby amended by the following additions and amendments. (1 ) Section 1521 , Condensate Water, is added to read as follows: Condensate water shall be conducted to an approved place of ground absorption and shall not be permitted to discharge onto a roof, structure, road, walkway, traversable area of the grounds, or into the sewer. Condensate water may be conducted to an approved place of ground absorption via a roof drain. SECTION 6. Section 8.04.030 of the Palm Springs Municipal Code is hereby amended to read as follows: 8.04.030 Uniform Plumbing Code--Adopted. That certain document, a copy of which is on file in the office of the city clerk of the city being marked and designated as "Uniform Plumbing Code, 1988 Edition" and all appendices, tables and indices thereto, with the exception of Appendix G, and except as hereinafter modified, is hereby adopted as the Uniform Plumbing Code of the city by reference, pursuant to the provisions of Section 50022. 1 et seq. of the California Government Code. SECTION 7. Section 8.04.032 is hereby added to the Palm Springs Municipal Code to read as follows: 8.04.032 Uniform Plumbing Code--Additions and Amendments. The Uniform Plumbing Code adopted herein by reference is hereby amended by the following additions and amendments. (1 ) Table 4-1 is amended by adding the following: Residential Garbage Disposal 6 Fixture Units Commercial Garbage Disposal 12 Fixture Units 1988 Uniform Codes Page 4 (2) IAPMO Installation Standard IS 1-85, PVC Sewer Pipe, Subsection 201 .1 is amended to read as follows: PVC sewer pipe shall be schedule 40 or approved equal . PSP and PSM sewer piping is not interchangeable in sizes eight (8) inches and larger. SECTION 8. Section 8.04.035 of the Palm Springs Municipal Code is hereby amended to read as follows: 8.04.035 Uniform Housing Code--Adopted. That certain document, a copy of which is on file in the office of the city clerk of the city, being marked and designated as "Uniform Housing Code, 1988 Edition" and all appendices, tables and indices thereto is hereby adopted as the Uniform Housing Code of the city by reference, pursuant to the provisions of Section 50022.1 et seq. of the California Government Code. SECTION 9. Section 8.04.040 of the Palm Springs Municipal Code is hereby amended to read as follows: 8.04.040 Uniform Code for the Abatement of Dangerous Buildings--Adopted. That certain document, a copy of which is on file in the office of the city clerk of the city, being marked and designated as "Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition: and all appendices, tables and indices thereto is hereby adopted as the Uniform Code for the Abatement of Dangerous Buildings in the city by reference, pursuant to the provisions of Section 50022. 1 et seq. of the California Government Code. SECTION 10. Section 8.04.045 of the Palm Springs Municipal Code is hereby amended to read as follows: 8.04.045 Uniform Solar Energy Code--Adopted. That certain document, a copy of which is on file in the office of the city clerk of the city, being marked and designated as "Uniform Solar Energy Code, 1988 Edition" and all appendices, tables and indices thereto is hereby adopted as the Uniform Solar Energy Code of the city by reference, pursuant to the provisions of Section 50022.1 et seq. of the California Government Code. SECTION 11 . Section 8.04.050 of the Palm Springs Municipal Code is hereby amended to read as Follows: 8.04.050 Uniform Swimming Pool , Spa and Hot Tub Code--Adopted. That certain document, a copy of which is on file in the office of the city clerk of the city, being marked and designated as "Uniform Swimming Pool , Spa and Hot Tub Code, 1988 Edition" and all appendices, tables and indices thereto is hereby adopted as the Uniform Swimming Pool , Spa, and Hot Tub Code of the city by reference, pursuant to the provisions of Section 50022.1 et seq. of the California Government Code. SECTION 12. Section 8.04.065 of the Palm Springs Municipal Code is hereby amended to read as follows: 8.04.065 Uniform Administrative Code--Adopted. That certain document, a copy of which is on file in the office of the city clerk of the city, being marked and designated as "Uniform Administrative Code, 1988 Edition" and all appendices, tables and indices thereto is hereby adopted as the Uniform Administrative Code of the city by reference, pursuant to the provisions of Section 50022. 1 et seq. of the California Government Code. 1988 Uniform Codes Page 5 SECTION 13. Section 8.04.075 of the Palm Springs Municipal Code is hereby deleted. SECTION 14. Section 8.04.080 of the Palm Springs Municipal Code is hereby amended to read as follows: 8.04.080 Life Safety Code--Adopted. That certain document, a copy of which is on file in the office of the city clerk of the city, being marked and designated as "Life Safety Code, 1988 Edition" and all appendices, tables and indices thereto is hereby adopted as the Life Safety Code for the city by reference, pursuant to the provisions of Section 50022. 1 et seq. of the California Government Code. SECTION 15. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 16. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 5th day of _ July 1989. AYES: Councilmembers Apfelbaum, Broich, Foster, Neel and Mayor Bono NOES: None ABSENT: None ATTEST: CI -OF PALM SPRINGS,__CALIFORNIA/ By City Clerk Maygkr REVIEWED & APPROVED: _ I HEREBY CERTIFY that the foergoing Ordinance 1336 was duly adopted by the City Council of the City of (Palm Springs, in a meeting held on the 5th day of July, 1989, and that same was duly published in the DESERT SUN, a newspaper of general circulation, printed and published in said City on May 12, and July 11, 1989. JUDITH SUMICH City Clerk ORDINANCE NO. 1.337 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0509-CZ, A CHANGE OF ZONE FROM W-R-1-AH to R-1-C FOR PROPERTY LOCATED AT THE EASTERLY TERMINUS OF ESCOBA DRIVE, SECTION 19. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA., DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to Section 9406.00 of the Palm Springs Zoning Ordinance, the official Zoning Map is hereby amended from R-1-AH (Single Family Residential ) to R-1-C (Single Family Residential ) for property located 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 July 1989. AYES: Councilmembers Apfelbaum, Broirh Foster, and Mayor Bono NOES: None qq��EENNT; None ABSTEM Councilmember Neel ATTEST: CCITY OF PALM SPRI,NGS-;;-,-CALIFORNIA By A— City Clerk Mayor REVIEWED E APPROVED: 0- I HEREBY CERTIFY that the foregoing Ordinance 1337 was duly adopted by the City Council of the City of Palm Springs, in a meeting held on the 51Ih day of July, 1989, and that same was duly published in the DESERT SUN, a newspaper of general circulation, printed and published in said City on July 11, 1989 , _7zu, TH SUMICH City Clerk Y r u u VICINITY MAP __,,, RAMON ROAD _ L PROJECT LOCATION 9 U W LL E. PALM ESCOBA PR JECT SITE ESCOBA __ • DRIVE �f EXIIISIT "A" CITY_ OF PALM SPRINGS CASE N0. 5.0509-CZ/TTM 24325 APPROVED BY PLAN. COMM. DATE APPLICANT LAPIIAM CONSTRUCTION CO. APPROVED SY COUNCIL DATE REMARKS SECTION 11 ORD, NO. -�`rRESOL. NO. ORDINANCE NO. 133E AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING TITLE 3 OF THE PALM SPRINGS MUNICIPAL CODE BY ADDING CHAPTER 3.34 THERETO IMPOSING A PARKING TAX, PROVIDING FOR ITS COLLECTION, AND IMPOSING PENALTIES FOR THE VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 . Title 3 of the Palm Springs ' Municipal Code is hereby amended by adding Chapter 3.34 thereto to read as follows: CHAPTER 3.34. PARKING TAX Sec. 3.34.010 Imposition and Rate of Tax. There is hereby imposed a tax of twenty-five percent 25°0) of the rent for every occupancy of parking space in a parking station in the City; provided, however, that no occupant shall pay a tax exceed- ing the sum of twenty-five cents ($.25) per vehicle per day, or ten percent (10%) of the monthly charge where the charge is made on a monthly basis for occupying any parking station pursuant to the provisions of this Chapter, nor shall any tax be imposed for the first hour of any continuous period of occu- pancy of a parking space. The tax imposed by this Chapter shall be paid upon any occupancy on or after the operative date, although such occupancy is had pursuant to a contract, lease, or other arrangement made prior to such date. Sec. 3.34.020 Persons Liable for Tax. Every occupant occupying parking space in a parking station in this City shall be liable for the tax imposed herein. This liability shall not be ex- tinguished until the tax has been paid to the City, except that a receipt from an operator maintaining a place of business in this City or from an operator who is authorized by the Finance Director, under such rules and regulations as he may prescribe, to collect the tax and who is for the purposes of this Chapter regarded as an operator maintaining a place of business in this City, which receipt is given to the occupant pursuant to the provisions of this Chapter shall be sufficient to relieve the occupant from further liability for the tax to which the receipt refers. Sec. 3.34.030 Collection of Tax by Opele rators Receipt to Occupant. Rules for Collection Schedus. Every operator maintaining a place of business in this City and renting parking space in a parking station in this City shall at the time of collecting the rent from the occupant and on demand give to J the occupant a receipt therefor. In all cases in which the tax is not collected by the operator, as aforesaid, the person upon whom such tax is imposed shall pay the same when due to the Finance Director of the City. In all cases of transactions upon credit or deferred payment, the payment of tax to the operator may be deferred in accordance therewith, and the opera- tor shall be liable therefor at the time and to the extent that such credits are paid or deferred payments are made in accordance with the rate of tax owing on the amount thereof. Ord. No. 1338 Page 2 Sec. 3.34.040 Registration of Operator. Every person in or about to engage in business as an operator of a parking station in this City shall immediately register with the Finance Director ' on a form provided by said Finance Director. Persons engaged in such business must so register not later than fifteen (15) days after the operative date of this tax, but such privilege of such registration after the said operative date of such tax shall not relieve any person from the obligation of payment or collection of tax on and after the said operative date, regardless of registration. Such registration shall set forth the name under which such person transacts or intends to transact business, the location of his place or places of business and such other information to facilitate the collection of the tax as the Finance Director may require. The registration shall be signed by the owner if a natural person; in case of an association or partnership, by a member or partner; in the case of a corporation, by an executive officer or some person specifically authorized by the corporation to sign the registration. The Finance Director shall within thirty (30) days after such registration issue without charge a certificate of authority to each registrant, to collect the tax from the occupant, together with a duplicate thereof for each additional place of business of such registrant. Each certificate and duplicate shall state the place of business to which it is applicable and shall be prominently displayed therein so as to be seen and come to the notice readily of all occupants and persons seeking occupancy. Such certificates shall be nonassignable and nontransferable and shall be surrendered immediately to the Finance Director upon the cessation of business at the location named or upon its sale or transfer. If the Finance Director deems it necessary in order to facilitate initial registration hereunder of persons engaged in business on or prior to the date of imposition of the tax as set forth in this Chapter, he may prescribe provisions therefor other than those provided in this section. Such provisions shall be made to effect the purpose thereof. For such purposes, such provisions shall be in lieu of those herein provided. Such registration and the certificate thereof shall have the same effect as that provided herein. Sec 3.34.050 Records Required from Operators. Every operator renting parking space in this City shall keep such records, receipts, invoices and other pertinent papers in such form as the Finance Director may require. Sec. 3.34.060 Examination of Records. The Finance Director or any person authorized in writing by him may examine the books, papers, records and equipment of any person liable for the tax and may investigate the character of the business of the person in order to verify the accuracy of any return made, or, if no return is made by the person, to ascertain and determine the amount required to be paid. Sec. 3.34.070 Authority to Require Reports. In administration of the tax, the Finance Director may require the filing of reports by any person or class of persons having in his or their possession or custody 'information relating to rentals Ord. No. 1338 Page 3 of parking spaces which are subject 'to the tax. The reports shall be filed when the Finance Director requires and shall set forth the rental charged for each occupancy, the date or dates of occupancy, and such other information as the Finance Director may require. Sec. 3.34.080 Time of Payment. Said report, and taxes calculated thereby to be due to the City, shall be due and payable, and delivered to the Finance Director of the City not later than the twentieth (20th) day of each calendar month following the month in which said taxes were collected. Sec. 3.34.090 Extension of Time to File. For good cause, the Finance Director may extend for not to exceed one month the time for making any return or payment of tax. Any person to whom an extension is granted, who makes return and pays the tax within the period of such extension shall pay, in addition to the tax, interest on the amount thereof at the rate of one percent per month, or fraction thereof, for the period of such extension to the time of return and payment. Sec. 3.34.100 Deficiency Determination° If the Finance Director is not satisfied with the return or returns of the tax or the amount of the tax required to be paid to the City by any person, he may compute and determine the amount required to be paid upon the basis of the facts contained in the return or returns or upon the basis of any information within his possession or that may come into his possession. One or more deficiency determinations may be made of the amount due for one or for more than one period. Sec. 3.34.110 Interest on Deficiency. The amount of the determination, exclusive of penalties, shall bear interest at the rate of one percent per month, or fraction thereof, from and after 'the last day required for payment pursuant to Section 3.34.080. Sec. 3.34.120 Offsettino of Overpayments. In making a determination, the Finance of may offset overpayments for a period or periods together with interest on the overpayments, against underpayments for another period or periods, against penalties, and against the interest on the underpayments. The interest on underpayments and overpayments shall be computed in the manner set forth in Section 3.34.110. Sec._ 3.34.130 Time for Payment of Amounts Found Due. Penalty for Delinquency. All determinations of the Finance Director made hereunder are due and payable at the time they become final . If they are not paid when due and payable, a penalty of ten percent (10%) of the amount of the determination, exclusive of interest and penalties, shall be added thereto. Sec. 3.34.140 Manner of Serving Notices. Any notice relating to redetermination proceedings shall be served personally or by mail in the manner prescribed for service of notice of a deficiency determination. le 71 Ir 1 Ord. No. 1338 /// Page 4 Sec. 3.34.150 Penalties. Failure to Pay Tax. Any person who fails to pay any tax to the City or any amount of tax required to be collected and paiid to the City, except amounts of determinations made by the Finance Director pursuant hereto, within the time required, shall pay a penalty of ten percent (10%) of the tax plus interest at the rate of one percent per month, or fraction thereof, from the date on which the tax required to be collected became due and payable to the City until the date of payment. Sec. 3.34.160 Determination if no Return is Made. (a) Estimate of Gross Receipts. Computation of Tax Penalty. If any person fails to make a return, the Finance Director shall make an estimate of the amount of the gross receipts of the person, or as the case may be, of the amount of the total rentals in this City which are subject to the tax. The estimate shall be made for the period or periods in respect to which the person failed to make a return and shall be based upon any information which is in the Finance Director's possession or may come into his possession. Upon the basis of this estimate the Finance Director shall compute and determine the amount required to be paid to the City, adding to the sum thus arrived at a penalty equal to ten percent (10%) thereof. One or more determinations may be made for one or for more than one period. (b) Manner of Computation. Offsets. Interest. In making a determination the Finance Director may offset overpayments for a period or periods, together with interest on the overpayments, against underpayments for another period or periods, against penalties, and against the interest on underpayments. The interest on underpayments and overpayments shall be computed in the manner set forth in this Chapter. Sec. 3.34.170 Interest on Amount Found Due. The amount of the determinations, exclusive of penalties, pursuant to a determination under Section 3. 34.160 shall bear interest at the rate of one percent per month, or fraction thereof, from the last day of the month following the close of the period designated in Section 3.34.080. Sec. 3.34.180 Appeals from Determinations of Finance Director. Any person dissatisfied with a determination of the Finance Director relative to any provision of this Chapter, may appeal such determination in the manner provided in Chapter 2.05 of this Code. Sec. 3.34.190 Violation by Operator Misdemeanor. Any operator or other person who fails or refuses to register as herein required, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the Finance Director, or who renders a false or fraudulent return, is guilty of a misdemeanor. Any person required to make, render, sign or verify any report who makes any false or fraudulent report, with intent to defeat or evade the determinations of an amount due required by this Chapter to be made is guilty of a misdemeanor. Ord. No. 1338 Page 5 Sec. 3.34.200 Tax Deemed a Debt. The amount of any tax or penalty imposed by this Chapter shall be deemed a debt due to the City by the person required hereby to collect the same. Sec. 3.34.210 Disposition of Tax Funds. All taxes and penalties received pursuant to the provisions of this Chapter shall be deposited by the Treasurer in the General Fund. SECTION 2. EFFECTIVE DATE. This is an ordinance relating to taxes for the usual and current expenses of the City and shall take effect immediately pursuant to Government Code Section 36937 (d). 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 to be published in accordance with law. ADOPTED this 19th day of July 1989. AYES: Councilmembers Apfelbaum, Broich, Foster, Neel and Mayor Bono NOES: None ABSENT: None ATTEST: \ CITY QF_.. PALM SPRINGS, CAL�FORNIA City Clerk � Mayor` REVIEWED & APPROVED I�- ' I HEREBY CERTIFY that the foregoing Ordinance 1338 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the date above shown, and published in the DESERT SUN, a newspaper of general circulation, printed and published in said City on the 27th day of July, 1989. ` �UDITH SUMICH City Clerk ORDINANCE NO. 1339 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, PROVIDING FOR CONTRIBUTION FROM LAWFUL FUNDS TO PAY FOR CERTAIN COSTS AND EXPENSES IN A SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF PALM SPRINGS, CALIFORNIA, has previously declared its intention and ordered the preparation of a "Report" relating to the initiation of proceedings to create a special assessment district pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, said special assessment district known and designated as ASSESSMENT DISTRICT IVO. 155 (hereinafter referred to as the "Assessment District") ; and, WHEREAS, Section 10205 of the Streets and Highways Code of the State of California expressly authorizes a local agency, at any time, by Ordinance, either before or after the formation of the Assessment District, to authorize a contribution from any lawful source of revenue to pay for certain of the costs and expenses related to said Assessment District; and, WHEREAS, at this time this City Council is desirous to provide for a contribution in the manner and form as authorized by law. NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That this City Council does hereby provide for annual contributions to be made against annual assessments for the Assessment District, said annual contribution to be from the following sources and in the amounts generally set forth as follows: A. REDEVELOPMENT AGENCY: Monies from the Ramone/Bogie Project Area shall be applied to properties in Zone 1 to assist in the payment for certain of the costs and expense of street improvements in that area. The amount is specifically set forth and identified in Resolution No. 459, adopted on February 18, 1989, by the Community Redevelopment Agency of the City o,. alm Springs. B. CITY OF PALM SPRINGS AIRPORT OPERATING REVENUE: Monies shall be applied District-wide to assist in the payment for costs and expenses for street improvements abutting the municipal airport. The amount is specifically set forth and identified in Resolution No. 16788, adopted on June 7, 1989, by the City Council of the City of Palm Springs. SECTION 3. The contributions, as above referenced, shall not constitute an indebted- ness or liability of the City. SECTION 4. This ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the city Clerk shall cause this ordinance to be published or posted pursuant to the provisions of Government Code Section 36933. INTRODUCED AND FIRST READ on July 19 , 1989; I AND THEREAFTER ADOPTED on the 9th day Of August 1989. AYES: Councilmembers Broich, Foster, Neel & Mayor Bono NOES: None ABSENT: Councilmember Apfelbaum ATTEST: y: 'L__,/CITY CLERK REVIEWED G APPROVED: �I \ I HEREBY CERTIFY that the foregoing Ordinance 1339 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 9th day of August, 1989, and that same was duly published in the DESERT SUN, a newspaper of general circulation on August 17, 1989. ` ' !JUDITH SUMTCH City Clerk ORDINANCE NO. 1340 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA ESTABLISHING A PARKING AND BUSINESS IMPROVEMENT AREA TO BE KNOWN AS THE "DOWNTOWN BUSINESS IMPROVEMENT DISTRICT OF THE CITY OF PALM SPRINGS". THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. ESTABLISHMENT OF AREA. A Parking and Business Improvement Area has been established within the City of Palm Springs pursuant to Division 18, Part 6, commencing with Section 36500 of the California Streets and Highways Code. SECTION 2. AMENDMENTS. The businesses in the area established by this Ordinance shall be subject to any amendments to said Part. 6 of Division 18, Streets and Highways Code. SECTION 3. RESOLUTION OF INTENTION. Pursuant to Streets and Highway Code Section 36521, Resolution No. 16873, entitled "A Resolution of the City Council of the City of Palm Springs, California Declaring its Intention to Establish A Downtown Business Improvement District etc. " was adopted on August 9, 1989. SECTION 4. PUBLIC HEARING. The City Council held a Public Hearing on September 6, 1989 at 7:30 P.M. concerning formation of this business improvement area as required by Streets and Highways Code section 36523. SECTION 5. BOUNDARIES. The boundaries of this improvement district are described and depicted in Exhibit A, attached hereto. SECTION 6. ASSESSMENT FEE. All businesses, trades and professions located within the boundaries shown on Exhibit "A", shall commencing on November 1, 1989 pay an assessment fee in addition to the General Business License Tax in the amounts as described in attached Exhibit "B" entitled "Downtown Business Improvement District Proposed Assessment Formula". The term "Assessment Fee" as used in this ordinance shall include, interchangeably, the terms "Assessment" and "Charge", as defined in Streets and Highways Code Sections 36504 and 36505, respectively. Assessment fees based upon gross receipts shall be subject to confirmation by audit. SECTION 7. PURPOSE/BENEFIT. The funds raised by said benefit assessment fee shall be used for the statutory purposes set forth in Section 36500 of the Streets and Highways Code of the State of California, or one or more of said purposes, which includes without limitation: : a. decoration of any public place in the district. b. promotion of public events which are to take place on or in public places in the district; c. furnishing of music in any public place in the district; d. the general promotion of business activities within the district. The Council hereby finds that all businesses lying within the District will be benefitted by the expenditure of the funds raised by the Assessment Fees proposed to be levied. SECTION 8. COLLECTION OF ASSESSMENT FEES. The assessment fees authorized by this Ordinance shall be collected by the City of Palm Springs and remitted to the Downtown Business Improvement District of Palm Springs in accordance with the adopted annual budget. SECTION 9. VOLUNTARY CONTRIBUTIONS. Funds may be collected by voluntary contributions made by associate members and other businesses located outside the district boundaries and businesses within the district boundaries found ' not to be benefitted, or for any reason not subject to the Assessment Fee. SECTION 10. PENALTIES FOR FAILURE TO PAY ASSESSMENT FEE WHEN DUE. For failure to pay assessment fee when due, the License Collector shall add a penalty of ten percent (10%) of the amount of such Assessment Fee on the last calendar day of each month after the due date thereof. In no event, shall any penalty imposed hereunder exceed an amount equal to 100% of such fee. SECTION 11. MEMORANDUM OF UNDERSTANDING. The City herein incorporates Resolution No. 16872 adopted August 9, 1989 entitled "Memorandum of Understanding with the Downtown Business Improvement Association" and makes it a part of this Ordinance. SECTION 12. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 13. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance, and to cause the same to be published in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 26th day of September , 1989. AYES: Councilmembers Broich, Foster, Neel and Mayor pro tem Apfelbaum NOE. None ABSENT: Mayor Bono ATTEST: CITY OF PALM SPRINGS, CALIFORNIA LJty C I er � �a yor REVIEWED & APPROVED: K T T I HEREBY CERTIFY that the foregoing Ordinance 1340 was duly adopted by the City Council of the City of Palm Springs, in a meeting thereof held on the date above shown, and published in the DESERT SUN, a newspaper of general circulation, printed and pub- lished in said City on the 30th day of September 1989. C JUDIT SUMICH City Clerk LUCID MaA,0 LJ l _ GAM•0.LA_ R� W -IF =IAUS�UM L I" y, AHUR LA GOAD 'Q � D 1T - - m b. r > m „' N S m "o --. r 1 _ .. . ram > p -4 �� 110AD ELA4D0 I � i __NOR T _ "-� BEi_aRGQ_ R < aII A __ 1DL P4LM CANYON - - [ , , _ - . _ DRI n V O • �_ 1� u _1 ip v O INDIAN AVENUE :ALL[ AJO / a ALL[ [NCILIA O / ca t.Lt D D _— ALtv YTA-•OL Y La _call■ N.IIL 11aY _ �_1111 La A ILLS A•^G -' CALLE I / p TRAIL 1z z O vll� AG! "'A 4p Y wEST ^' i CALL VARA G r n W ST [LU1--k < AL DRIVE Z L u n m pC WE z 2 I T -A ~ CAYIM • •L VI AG' M O DMIIVE In o z p EAST .......R AVENIDA CABAL ZEROS AVENIDA ___----_—_ �D n e x co•Ia —7 � � I I ) I GA A _ _ w u= uvu In1 u u\J DOWNTOWN BUSINESS IMPROVEMENT ASSOCIATION AMENDED JIINE 13, 1989 ` DOWNTOWN BUSINESS IMPROVEMENT DISTRICT / PROPOSED ASSESSMENT FORMULA CATEGORY "A" Gross Volume Scale Annual Fee Includes all retail sales and services and wholesaling,such as advertising $ 0 to & incl. S 125,000 = S 90 (includes radio,T.V.stations,newspapers and ad agencies),antiques,art, S 125.001 to & incl. S 250,000 = S 180 automobile dealers,beauty and hair salons and shops,bakeries,butchers, S 250,001 to & incl. $ 375,000 = $ 270 book stores, building and supplies, car rental, catering, clothing (all), S 375,001 to & inel. S 500,000 = S 360 confectionary (candies/nuts), drug stores, camera/photographers shops, S 500,001 to & incl. S ,000 = $ a50 _ 750 S 625,001 to & incl. S 750,000 = S 540 dry clewing/laundry, eat & drinking places, electronic/T.V. stores, S 750,001 to & incl. S 875,000 = S 630 general merchandise,gift shops,home furnishings,hotels,interior deco- S 875,001 to & incl. S1,000,000 = S 720 rating shops,jewelry stores, liquor/grocery stores, luggage, movie the- $1,000,001 to & inel. $1,125,000 = $ 810 atres, music stores, printing/copy shops, service stations, shoe stores, $1,125,001 to & incl. S1,250,000 = S 900 _ specialty stores, sporting goods, stationery/office equipment, and all $1, to & incl. $1,375,000 = $ 990 $1,375,001 75,001 to & incl. $1500,000 = SI,080 _ similar businesses, plus bankrupt and temporary sales operating within 31,500,001 to & Incl. $1,625,000 = $1,170 the DBID boundaries. $1.625,001 to & incl. S1,750,000 = $1.260 — $1,750,001 to & inel. $1,875,000 = $1,350 The assessment fee for this category shall be based upon annual gross $2,000,001 to & incl. $2,125,000 = Sis30 _ receipts of sales or services based on either the previous calendar year or $2, ,001 to & incl. S2,250,000 = $1,2,25050,001 to & incl. 52,375,000 = $1,710 710 _ previous fiscal year and falling within the formula as set in the table to the $2,375,001 to & incl. $2,500,000 = $1.800 right and payable annually;new businesses will pay a one-time flat fee of S2,500,001 to & inel. $2,625,000 = S1,890 $90 for the first year and follow the formula thereafter. S2,625,001 to & incl. S2,750,000 = $1,980 $2,750,001 & over = $2,070 _ CATEGORY "B" Includes all financial institutions,such as banks,stock brokerages,savings and loans and similar businesses within the DBID boundaries. Asset Scale Annual Fee Over $25,000,000 S1,000 _ The assessment fee for this category shall be based upon assets for either the previous Under $25,000,000 S 500 _ calendar year or previous fiscal year as shown to the right. CATEGORY "C" Includes all professional and service type people and/or business,such as attomey/legal, bookkeeping/CPA's, architects/designers/drafting, appraisers, secretarial services, em- ployment/personnel services, consultants (all), contractors (all), subcontractors (all), management, real estate, insurance, medical, sorgeons/doctors/dentists, therapists, an, Fiat Fee = S90 swering services,janitorial/building maintenance services, business/vocational schools, Plus a fee of$10 per counselors, data processing services, detective agencies, funeral services, health clubs, licensed individual laboratories(all),psychiatrists/psychologists.The assessment fee for this category shall be in an office based upon the table to the right. FvtITRTT B ORDINANCE NO. 1341 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT NO. 193 IN LIEU OF A CHANGE. OF ZONE FOR A MIXED-USE RESORT COMMERCIAL COMPLEX AT THE NORTHEAST CORNER OF RAMON ROAD AND EL CIELO ROAD, SECTION 18. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to Section 9406.00 B.5.D. 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 shown on Exhibit "A" is approved as Planned Development District 193, specifically for a mixed-use resort commercial complex. 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 unless the project has commenced its construction or an extension of time has been granted by the City Council . SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 18th day of October 1989. AYES: Councilmembers Apfelbaum, Neel and Mayor Bono NOES: Councilmembers Broich and Foster ABSENT:. Bone ATTEST: CITY OF PALM SPRINGS, CALIFORNIA - By t City ClerkC 1 �- - Mayor REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1341 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the date above shown, and published in the DESERT SUN, a newspaper of general circulation, printed and published in said City on the 28th day of October, 1989. o' �JUDITH SUMICH City Clerk WP/CC RES 3/9 A 260' I PARCEL '1 ENTRANCE 1 . 00 AC„ I PDD IN LIEU OF A CHANGE OF ZONE EXISTING CONDOS R-2 R- 2 PARCEL 2 3 . 22 AC . J to I m EXIS-nNG CONDOS LU R - 2 I R - 2 EXHIBIT A CITY OF PALMI SPRINGS CASE NO 5.045u-PD-193 & 5.046E-WA APPROVED EY PLAN. COMM. DATE APPLICANT El Cielo Associates APPROVED BY COUNCIL DATE__ _— RFuan�ra Sartinn 18 -- ----- nan un - ---TRE-SO L. N0. r 1