HomeMy WebLinkAbout3/6/2013 - STAFF REPORTS - 1 A 7 ALM Sp
c
V N
R City Council Staff Report
Cq<IFON��
DATE: March 6, 2012 PUBLIC HEARING
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE
NO. 1817, PERTAINING TO FIRE SPRINKLER REQUIREMENTS FOR
A-2 (ASSEMBLY) OCCUPANCIES, INCLUDING RESTAURANTS
AND BARS
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1817.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Waive further reading and adopt Ordinance No. 1817, "AN ORDINANCE OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION 27 OF
SECTION 8.04.510 OF THE PALM SPRINGS MUNICIPAL CODE (SECTION
903.2.1.2 OF THE STATE FIRE CODE) PERTAINING TO FIRE SPRINKLER
REQUIREMENTS FOR A-2 (ASSEMBLY) OCCUPANCIES, INCLUDING
RESTAURANTS AND BARS."
STAFF ANALYSIS:
On February 20, 2013, Ordinance No. 1817 was introduced for first reading,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SUBSECTION 27 OF SECTION 8.04.510 OF THE PALM SPRINGS MUNICIPAL
CODE (SECTION 903.2.1.2 OF THE STATE FIRE CODE) PERTAINING TO FIRE
SPRINKLER REQUIREMENTS FOR A-2 (ASSEMBLY) OCCUPANCIES, INCLUDING
RESTAURANTS AND BARS."
ACTION: 1) Waive full reading of the ordinance text and introduce by title only
on first reading Ordinance No. 1817, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING SUBSECTION 27 OF SECTION 8.04.510
Item No. 1 • A •
ADOPTION OF ORDINANCE NO. 1817
March 6, 2013
Page 2 of 2
OF THE PALM SPRINGS MUNICIPAL CODE (SECTION 903.2.1.2 OF THE
STATE FIRE CODE) PERTAINING TO FIRE SPRINKLER REQUIREMENTS
FOR A-2 (ASSEMBLY) OCCUPANCIES, INCLUDING RESTAURANTS AND
BARS;" and 2) Direct staff to schedule a public hearing on March 6, 2013, to
consider the adoption of the proposed Ordinance. Motion Mayor Pro Tern
Mills, seconded by Councilmember Hutcheson and unanimously carried on
a roll call vote.
The public hearing notice was published and posted pursuant to Government Code
Sections 50022.3 and 6066.
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption.
mes Thompson David H. Ready .D.
City Clerk City Manager
/kdh
Attachment: Ordinance No. 1817
Public Hearing Notice
Draft February 20, 2013 Minutes
02
ORDINANCE NO. 1817
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SUBECTION 27 OF SECTION
8.04.510 OF THE PALM SPRINGS MUNICIPAL CODE
(SECTION 903.2.1.2 OF THE STATE FIRE CODE)
PERTAINING TO FIRE SPRINKLER REQUIREMENTS
FOR A-2 (ASSEMBLY) OCCUPANCIES, INCLUDING
RESTAURANTS AND BARS.
City Attorney Summary
The current provisions of the Palm Springs Fire Code
generally require the installation of fire sprinkler systems for
all new construction involving A-2 occupancies, an assembly
classification that includes restaurants and bars. This
requirement exceeds the requirements of the State Fire
Code. This Ordinance will reinstate the minimum State Fire
Code requirements for existing A-2 occupancies and restate
a requirement for fully enclosed areas, thereby effectively
allowing the addition of ground level patios to existing
structures without triggering imposition of more restrictive
Palm Springs Fire Code requirements for fire sprinklers for
restaurants and bars while still requiring compliance with
minimum State Fire Code requirements.
The City Council of the City of Palm Springs ordains:
SECTION 1. Subsection 27 of Section 8.04.510 of the Palm Springs Municipal
Code (Section 903.2.1.2 of the State Fire Code) is amended to read:
27) Amend Section 903.2.1.2 Group A-2 to read:
903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for
existing Group A-2 occupancies where one of the following conditions exist:
1. The fully enclosed area exceeds 3,000 square feet. For the purposes of this
Section, the term "fully enclosed area" means an area enclosed by fire walls,
fire barriers, or exterior walls extending from floor to ceiling but does not
include patio areas included solely within the horizontal projection of the roof
or floor next above.
2. The fire area exceeds 5,000 square feet.
3. The fire area has an occupant load of 100 or more.
4. The fire area is located on a floor other than a level of exit discharge serving
such occupancies.
03
Ordinance No. 1817
Page 2
5. The structure exceeds 5,000 square feet, contains more than one fire area
containing a Group A-2 occupancy, and is separated into two or more
buildings by fire walls of less than four hour fire resistance rating without
openings.
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCILI THIS 20TH DAY OF FEBRUARY, 2013.
Stephen P. Pougnet, Mayor
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1817 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Spring City Council on the 20th day of
February, 2013, and adopted at a regular meeting of the City Council held on the 6th day
of March, 2013, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
04
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
f�eM1
Date: March 6, 2013
Subject: FY Fire Code Amendment
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun
on February 16 and February 23, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
1L�2
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing 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 and on February 14, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
�L1� Xu
Kathie Hart, CMC
Chief Deputy City Clerk
05
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs,CA 92262 >-
760-778-45781 Fax 760-778-4731 is `
2013BEB2b Ai' 9; 28
State Of California as:
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000358914
No 0298.
NOTICE OF PUBLIC NEARING
CITY COUNCIL
I am over the age of 18 years old, a citizen of the United CITY OF PALM SPRINGS
States and not a parry to, or have interest in this matter. I AMENDMENT TO THE 2010 FIRE CODE
hereby certify that the attached advertisement appeared NOTICE I6 HEREBY GIVEN that the CI(v
In said newspaper (set in type not smaller than non panel) Council of me City of Palm Springs,California,will
in each and entire Issue of said newspaper and not in an hold a Public Heading at Its meeting of Mardi 6,'.
y 2013. The City Council meemrq ina at 8:00
supplement thereof on the following dates,to wit: pf�bq E.
ufiz n Council Chambm Pem9, Ins att 6: 0
The rPose of mla heartn ts b wnsidar arr0-
Newspaper: .The Desert Sun .vet of an ortnance penaln to fire spdnid re-
CCWrements for A-2 (Assam ) occupand6% m-
dudmg restaurants end bars.
2/16/2013 2/23/2013 pert Ian othe INFORMATION�Nmene i 9
inrs me ter fo point b eview m CRY Hall
t eNreen
mehoursofT a.m.to11:00a.m.and2:00p.m.
co�em WagCltyC Ie di ( 0tthOcag )323-
8204 fi you would like to schedule an appofnboem
to review mesa documents.
COMMENT ON THIS APPLICATION : Re-
to this notice may be made verbally at the
Publb Hearing anNor in writing before me hear-
I acknowledge that I am a principal clerk of the printer of ing.Wow comments may be made to the Cary
The Desert Sun, printed and published weekly in the City CourbdlMlammerer Thomor llor handd llrvery)to:
of Palm Springs, Coun of Riverside, Slate of California. James Thompson City Clark
County 3200 E.Talpuitz l:arryon Way
The Desert Sun was adjudicated a newspaper of general Palm springs,CA 92262
circulation on March 24, 1988 by the Superior Court of the Any challenge of dire proposed proiecl tin court
Count of Riverside, State of California Case No. they a Ilmed to raising only those issues raised
y at IM gOto heahg described In INS notice.or in
191236. written oone -lance delivered to the City Clerk
Coda �rfor do,' tbo pub2licD heading. (Government
I declare under penalty of perjury that the foregoing is true An 0PPormni9 Will be given at said heeding for all
imerested persona to be heard. Questions
i this ma ina directed to John Men,Fire lef.
and correct. Executed on this 23rd day of February, 2013 et 32�-e1et.
in Palm Springs,C� a. .$I necesha ayude con age carte,porfavor llamaa
Ia Ciudad tie Palm SprLign yy haW con
Nadine Fieger telebro(7�)82 45.
j James Thompson,City Cledr
PublaNwC WIS.2R8113
Declaran s Sr e
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs,CA 92262
760-77BA578/Fax 760-778-4731
20131i ;;, 12
State Of California ss: �
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000361687
1 am over the age of 18 years old, a citizen of the United
States and not a party to, or have interest in this matter. I No 0451
hereby certify that the attached advertisement appeared ORDINANCE NO.1817 in said newspaper (set in type not smaller than non panel) AN ORDINANCE OF THE CRY OF PALM
in each and entire issue of said newspaper and not In any SPRINGS CALIFORNIA AMENDING
SUBECT16N 27 OF SECTiN4 8.04.510 OF THE
supplement thereof on the following dates,to wit: PALM SPRINGS MUNICIPAL CODE (SE�E
��CTION
7AINING OF
TFIRE STATE FIRE
REOl11RE-
Newspaper .The Desert Sun MENTS FOR A-2 ,ASSEMBLyi OCCUPANCIES,
INCLUDING RESTAURANTS AND BARS.
City Ataung Summary
The current rorevigsons d the Palm Springs Fire
3/9/2013 wes seeroyr all new��rlIsliw.Yl an�invnMng A-2
orcupan IN.. n assembly deseificetln met In-
clod resteurena ant here. This requirement Fireex-
Thhi Omn no�e�wglrerelrp the minimiinni m
Fire Code requiremnt$for ft ng A-2 oxupn-
cies and raetate a requree m fir.fulty an ad
areas,thereby effecavely allowi the addition of
groun0 levm patios to existing s�nx:WTea walput
trlggerin skion W more reslnnve Palm
I acknowledge that I am a principal clerk of the 8pmge uran a requirements for fire spdnaers
g p p printer of far restaurants eM bars while sell requiring com-
The Desert Sun, printed and published weekly in the City P� wdh minimum Seta Fire Code require-
of Palm Springs, County of Riverside, Slate of California. CERTIFICATION
The Desert Sun was adjudicated a newspaper of general
circulation on March 24, 1988 by the Superior Court of the STATE OF CALIFORNIA
County of Riverside, State of California Case No. GCOUNTY
Y OF PAL OF MISPRIINGSIry �.
191236. Y JA 9 S THO PSOO e,dCa here Clark
of�C�m by oarmy that Or-
dinance No.�817 is a full,true and coneCl copy
and was introduced at a lar Meeng of fAe
I declare under penalty of perjury that the foregoing is true Palrmy Sprirg rid.Coundl on e 201h day of Feb.
ere C 20Councs hdeooton reOWa�meatirq of
and coned. Executed on this 9th day of March, 2013 in aY ld on the eth d of March,
2013,by the following vote:
Palm Springs,Califor AYES: Counrilmembeis Foal Hutcheson
Lewin Mayor Pro em Mills,and May"Pougnet
NOES: None.
�'. ABSENT: None.
ABSTAIN: None.
James Thompson,Cr'rNN Clerk
City of Palm Spnge,C&Cmla
Published:W3
Declarant ignaturel I g
rl � � -�9'\•i
CITY OF PALM SPRINGS
NOTIFICATION
City Council
Meeting Date: March 6, 2013
Subject: Ordinance No. 1817
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was published in the Desert Sun on
March 9, 2013. .
I declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary 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 March 7, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
k
Kathie Hart, CMC
Chief Deputy City Clerk
ORDINANCE NO. 1817
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SUBECTION 27 OF SECTION 8.04.510 OF THE PALM
SPRINGS MUNICIPAL CODE (SECTION 903.2.1.2 OF THE STATE FIRE
CODE) PERTAINING TO FIRE SPRINKLER REQUIREMENTS FOR A-2
(ASSEMBLY) OCCUPANCIES, INCLUDING RESTAURANTS AND
BARS.
City Attorney Summary
The current provisions of the Palm Springs Fire Code generally require the installation
of fire sprinkler systems for all new construction involving A-2 occupancies, an
assembly classification that includes restaurants and bars. This requirement exceeds
the requirements of the State Fire Code. This Ordinance will reinstate the minimum
State Fire Code requirements for existing A-2 occupancies and restate a requirement
for fully enclosed areas, thereby effectively allowing the addition of ground level patios
to existing structures without triggering imposition of more restrictive Palm Springs Fire
Code requirements for fire sprinklers for restaurants and bars while still requiring
compliance with minimum State Fire Code requirements.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1817 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Spring City Council on the 20th day of
February, 2013, and adopted at a regular meeting of the City Council held on the 6th day
of March, 2013, by the following vote:
AYES: Councilmembers Foat, Hutcheson, Lewin, Mayor Pro Tern Mills, and
Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
;; s Thompson, City Clerk
CZi7of Palm Springs, California
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
AMENDMENT TO THE 2010 FIRE CODE
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,
California, will hold a Public Hearing at its meeting of March 6, 2013. The City Council
meeting begins at 6:00 p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz
Canyon Way, Palm Springs, California.
The purpose of this hearing is to consider approval of an ordinance pertaining to fire
sprinkler requirements for A-2 (Assembly) occupancies, including restaurants and bars.
REVIEW OF INFORMATION: The staff report and other supporting documents
regarding this matter for public review at City Hall between the hours of 7:00 a.m. to
11:00 a.m. and 2:00 p.m. and 6:00 p.m., Monday through Thursday. Please contact the
Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment
to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally
at the Public Hearing and/or in writing before the hearing. Written comments may be
made to the City Council by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those
issues raised at the public hearing described in this notice, or in written correspondence
delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section
65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard.
Questions regarding this may be directed to John Allen, Fire Chief, at (760) 323-8181.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede
hablar con Nadine Fieger telefono (760) 323-8245.
roes Thompson, City Clerk
06
City Council Minutes
February 20, 2013
Page 5
Manager to execute all necessary documents. A6272. roved as
pa the Consent Calendar.
2.M. ZONING M PDATE AND CONVERSION GRAPHIC INTERFACE
SYSTEM (GIS) MAT (CASE 5.1287
ACTION: Receive a "le
the zoni ap update and conversion to GIS
format. Approved as pa f th onsent Calendar.
EXCLUDED CONSENT CALENDA
2.L. SCULPTURE EXHIB N PROPOSAL SU ITTED BY THE SCULPTURE
FOUNDATION:
Mayor Pougn nd Councilmember Lewin provided ckg round information on
the Sculpt Exhibition Program.
ACT Direct the Public Arts Commission to revie and make a
r mmendation to the City Council. Motion Councilmember Le seconded
y Mayor Po',
and unanimously carried on a roll call vote.
3. LEGISLATIVE:
3.A. INTRODUCTION OF AN ORDINANCE PERTAINING TO FIRE
SPRINKLER REQUIREMENTS FOR A-2 (ASSEMBLY) OCCUPANCIES,
INCLUDING RESTAURANTS AND BARS:
City Manager Ready and John Allen, Fire Chief, provided background
information as outlined in the staff report dated February 20, 2013.
Councilmember Foat requested staff review other City codes to ensure
City codes are reasonable.
Mayor Pro Tern Mills stated his support for the proposed ordinance, and
notes the enhancements to the City Code.
ACTION: 1) Waive full reading of the ordinance text and introduce by title
only on first reading Ordinance No. 1817, "AN ORDINANCE OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION 27
OF SECTION 8.04.510 OF THE PALM SPRINGS MUNICIPAL CODE
(SECTION 903.2.1.2 OF THE STATE FIRE CODE) PERTAINING TO
FIRE SPRINKLER REQUIREMENTS FOR A-2 (ASSEMBLY)
OCCUPANCIES, INCLUDING RESTAURANTS AND BARS;" and 2)
Direct staff to schedule a public hearing on March 6, 2013, to consider the
adoption of the proposed Ordinance. Motion Mayor Pro Tern Mills,
seconded by Councilmember Hutcheson and unanimously carried
on a roll call vote.
07