HomeMy WebLinkAbout7/26/2017 - STAFF REPORTS - 1.D. FppLMs
O pRi
Z
~ F C
V V+
F 11 R� P City Council Staff Report
4<lO �\
DATE: July 26, 2017 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1930,
ADOPTING AN AMENDMENT TO SECTION 93.02.00(B) OF THE PALM
SPRINGS ZONING CODE (PSZC) RELATING TO WALL HEIGHT FOR
RESIDENTIAL SWIMMING POOL SAFETY ENCLOSURES.
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1930.
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety, read by title only, and adopt
Ordinance No. 1930, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING AN AMENDMENT TO SECTION 93.02.00(B) OF THE PALM
SPRINGS ZONING CODE (PSZC) RELATING TO WALL HEIGHT FOR RESIDENTIAL
SWIMMING POOL SAFETY ENCLOSURES."
STAFF ANALYSIS:
On July 19, 2017, Ordinance No. 1930 was introduced for first reading, as noted below:
ACTION: 1) Waive the reading of text in its entirety, read by title only, and
introduce for first reading Ordinance No. 1930, "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING AN AMENDMENT TO SECTION
93.02.00(B) OF THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO
WALL HEIGHT FOR RESIDENTIAL SWIMMING POOL SAFETY ENCLOSURES."
Motion by Councilmember Roberts, seconded by Councilmember Kors, and
unanimously carried on a roll call vote.
ITEM NO. -�
ADOPTION OF ORDINANCE NO. 1930
July 26, 2017
Page 2 of 2
This report provides for the City Council to waive further reading and adopt the ordinance.
The ordinance shall be effective 30-days from adoption.
Kathleen D. Hart, MMC David H. Ready, Esq. .
Interim City Clerk City Manager
/cab
Attachment:
Ordinance No. 1930
02
ORDINANCE NO. 1930
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING AN AMENDMENT TO SECTION
93.02.00(B) OF THE PALM SPRINGS ZONING
CODE (PSZC) RELATING TO WALL HEIGHT FOR
RESIDENTIAL SWIMMING POOL SAFETY
ENCLOSURES.
City Attorney Summary
The proposed ordinance allows an exception to the City's wall
height limitations for swimming pool safety enclosures, as required
by the California Building Code.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS.-
A. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code
(PSZC), the Director of Planning Services is authorized to initiate proceedings
and recommend amendments to the Zoning Code.
B. The 2016 California Building Code establishes requirements for
swimming pool safety enclosure fencing that is in conflict with PSZC Section
93.02.00, necessitating a change to the City's zoning requirements for perimeter
walls.
C. Notice of a public hearing of the Planning Commission of the City of
Palm Springs to consider Case 5.1421 ZTA ("Zone Text Amendment") was given
in accordance with applicable law.
D. On June 14, 2017, a public hearing on the proposed Zone Text
Amendment was held by the Planning Commission in accordance with applicable
law, and after taking public testimony and reviewing all evidence presented in
connection with the hearing, the Planning Commission voted 6 to 0 to
recommend approval of the proposed ordinance to the City Council.
E. Notice of public hearing of the City Council of the City of Palm
Springs to consider Case 5.1421 ZTA was given in accordance with applicable
law.
F. The proposed Ordinance is not subject to the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.)
pursuant to Section 15060(c)(2) of the State Guidelines, because the Ordinance
is directly related to ministerial actions, will not result in a direct or reasonably
foreseeable indirect physical change in the environment, and is not a "project" as
that term is defined in Section 15378 of the State CEQA Guidelines.
03
Ordinance No. 1930
Page 2
G. On July 19, 2017, a public hearing on the proposed Zone Text
Amendment was held by the City Council in accordance with applicable law, and
the City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the Zone Text Amendment,
including, but not limited to, the staff report, and all written and oral testimony
presented.
H. The City Council hereby finds that the proposed Zone Text
Amendment would:
1 . Align the City's zoning requirements with the 2016 California
Building Code;
2. Provide a ministerial process for property owners to comply with the
updated Building Code requirements; and
3. Maintain the City's aesthetic standards for perimeter walls.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. That the findings and determinations reflected above are
true and correct, and are incorporated by this reference herein as the cause and
foundation for the action taken by and through this Ordinance.
SECTION 2. Palm Springs Zoning Code (PSZC) Section 93.02.00(B) is
hereby amended to read as follows:
B. Security Fencing.
Security fencing, including swimming pool safety enclosure fencing,
as required by any governmental agency of jurisdiction shall be
permitted, notwithstanding any other provision of this Zoning Code.
C '.
Ordinance No. 1930
Page 3
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 26T" DAY OF JULY, 2017.
ROBERT MOON
MAYOR
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs,
California, do hereby certify that Ordinance No. 1930 is a full, true, and correct
copy, and was introduced at a regular meeting of the Palm Springs City Council
on July 19, 2017 and adopted at an adjourned regular and special meeting of the
City Council held on July 26, 2017, by the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
4 "
J
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262 RECEIVED
760-778-4578/Fax 760-778-4731 :!'1 1 OF PALM S P R I N'(,`.
State Of California ss: 2111 AUG 15 AM 9: 09
County of Riverside
01'. FICE OF ik Ci T Y CLE; :
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0002324924
1 am over the age of 18 years old, a citizen of
the United States and not a party to, or have
interest in this matter. I hereby certify that the
attached advertisement appeared in said
newspaper(set in type not smaller than non
pariel)in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates, to wit:
Newspaper: The Desert Sun
8/5/2017
.�:x77ffogsR doHWlAv�l'N
AN ORDINANCE OF THE AD.ppUrytlL• OF THE CITY OF PALM SPRINGS,
CALIPORNIA, ADOP71F1G.,Ill AMENDMENT TO SECTION 93.0100(B) p� THE
PALM SPRINGS ZONING('3®DE npcf RELATING TO WALL HEIGHT FOR RESIDEN-
I acknowledge that I am a principal clerk of the nALSwIMMtNG?oCxsAPETYEP+a:osuREs•
printer of The Desert Sun, printed and ft Attcmay Summary
The proposed ordinance allows an exception to the Cltys wall height limita.
published weekly in the City of Palm Springs, (ions for swimming pool safety enclosures as MWAvd by the 01i(om/a Build-
County of Riverside, State of California.The cERnncanon ,
Desert Sun was adjudicated a Newspaper of ITA OFCOUNTY o RIVERSIDE j r�
general circulation on March 24, 1988 by the CITY OF PALM SPRINGS )
Superior Court of the County of Riverside, I,KATHLEEN D.MART,interim City Clerk of the City of Palm Springs,California,
do hereby certify that Ordinance No.1930 is a full true,and correct copy,and
State of California Case NO. 191236. -was Introduced at a regular meeting of the Palm Springs City Council on Jury
19,2017 and adopted at an adjourned regular and special meeting of the City
Council held on
July 26,2017,by the fogoedng vote:
t
AYES COuncilmemben Kors,Mills,Roberts,Mayor Pro Tam Foat and i
Mayor Moon
NOES None
I declare under penalty of perjury that the ABSENT: None
ABSTAIN: None
foregoing is true and correct. Executed on RECUSAL: None
this 5th da of AllrUST, 2017 in Palm IrKATHLETERIM N D.HART,CLERK M�
Springs, ifornia. Pul>tRched:Bfosnon
Declara t
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
♦,II.IMI
Date: August 7, 2017
Subject: Ordinance 1930
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, Interim Chief Deputy City Clerk, of the City of Palm Springs,
California, do hereby certify that a copy of the attached Notice was published in the Desert
Sun on August 5, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
ew--
Cynthia A. Berardi, CMC
Interim Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Cynthia A. Berardi, Interim Chief Deputy City Clerk, of the City of Palm Springs,
California, do hereby certify that a copy of the attached Notice was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on or before August 3, 2017.
I declare under penalty of perjury that the foregoing is true and correct.
L
Cynthia A. Berardi, CMC
Interim Chief Deputy City Clerk
ORDINANCE NO. 1930
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
AMENDMENT TO SECTION 93.02.00(B) OF THE PALM
SPRINGS ZONING CODE (PSZC) RELATING TO WALL
HEIGHT FOR RESIDENTIAL SWIMMING POOL SAFETY
ENCLOSURES.
City Attorney Summary
The proposed ordinance allows an exception to the City's wall height
limitations for swimming pool safety enclosures, as required by the
California Building Code.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California,
do hereby certify that Ordinance No. 1930 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on July 19, 2017 and
adopted at an adjourned regular and special meeting of the City Council held on
July 26, 2017, by the following vote:
AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
RECUSAL: None
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
ORDINANCE NO. 1930
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
AMENDMENT TO SECTION 93.02.00(B) OF THE PALM
SPRINGS ZONING CODE (PSZC) RELATING TO WALL
HEIGHT FOR RESIDENTIAL SWIMMING POOL SAFETY
ENCLOSURES.
City Attorney Summary
The proposed ordinance allows an exception to the City's wall height
limitations for swimming pool safety enclosures, as required by the
California Building Code.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
A. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code (PSZC),
the Director of Planning Services is authorized to initiate proceedings and recommend
amendments to the Zoning Code.
B. The 2016 California Building Code establishes requirements for swimming
pool safety enclosure fencing that is in conflict with PSZC Section 93.02.00,
necessitating a change to the City's zoning requirements for perimeter walls.
C. Notice of a public hearing of the Planning Commission of the City of Palm
Springs to consider Case 5.1421 ZTA ("Zone Text Amendment") was given in
accordance with applicable law.
D. On June 14, 2017, a public hearing on the proposed Zone Text
Amendment was held by the Planning Commission in accordance with applicable law,
and after taking public testimony and reviewing all evidence presented in connection
with the hearing, the Planning Commission voted 6 to 0 to recommend approval of the
proposed ordinance to the City Council.
E. Notice of public hearing of the City Council of the City of Palm Springs to
consider Case 5.1421 ZTA was given in accordance with applicable law.
F. The proposed Ordinance is not subject to the California Environmental
Quality Act (Public Resources Code Section 21000 et seq.) pursuant to Section
15060(c)(2) of the State Guidelines, because the Ordinance is directly related to
ministerial actions, will not result in a direct or reasonably foreseeable indirect physical
change in the environment, and is not a "project" as that term is defined in Section
15378 of the State CEQA Guidelines.
Ordinance No. 1930
Page 2
G. On July 19, 2017, a public hearing on the proposed Zone Text
Amendment was held by the City Council in accordance with applicable law, and the
City Council has carefully reviewed and considered all of the evidence presented in
connection with the hearing on the Zone Text Amendment, including, but not limited to,
the staff report, and all written and oral testimony presented.
H. The City Council hereby finds that the proposed Zone Text Amendment
would:
1. Align the City's zoning requirements with the 2016 California Building
Code;
2. Provide a ministerial process for property owners to comply with the
updated Building Code requirements; and
3. Maintain the City's aesthetic standards for perimeter walls.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. That the findings and determinations reflected above are true and
correct, and are incorporated by this reference herein as the cause and foundation for
the action taken by and through this Ordinance.
SECTION 2. Palm Springs Zoning Code (PSZC) Section 93.02.00(B) is hereby
amended to read as follows:
B. Security Fencing.
Security fencing, including swimming pool safety enclosure fencing, as
required by any governmental agency of jurisdiction shall be permitted,
notwithstanding any other provision of this Zoning Code.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 26T" DAY OF JULY, 2017.
ROBERT MOON, MAYOR
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
Ordinance No. 1930
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California,
do hereby certify that Ordinance No. 1930 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on July 19, 2017 and
adopted at an adjourned regular and special meeting of the City Council held on
July 26, 2017, by the following vote:
AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
RECUSAL: None
KATHLEEN D. HART, MMC
INTERIM CITY CLERK