HomeMy WebLinkAbout2020ORDINANCE NO. 2020
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING AN ANNUAL
UPDATE TO THE PALM SPRINGS ZONING CODE (CASE
5.1466 ZTA).
City Attorney's Summary
This Ordinance provides for an update to certain terms,
standards and regulations of the Palm Springs Zoning Code
as part of an annual process to keep the City's zoning
ordinance up to date. The proposed changes have been
identified by staff in working with and applying zoning
regulations. No major policy changes are proposed as part of
this annual update.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. The City of Palm Springs is a charter city organized pursuant to Article XI of the
California Constitution and pursuant to the authority granted the City by Section 5 and 7
of Article XI, the City has the power to make and enforce within its limits all ordinances
and regulations in respect to municipal affairs not in conflict with general laws and its own
charter. Such police powers include without limitation the ability to adopt comprehensive
zoning regulations and regulations upon the use of land and property within the City; and
B. Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm
Springs may adopt and enforce ordinances and regulations not in conflict with general
laws to protect and promote the public health, safety, and welfare of its citizens; and
C. 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; and
D. On February 12, 2020, the Planning Commission conducted a duly noticed
public hearing to consider Case 5.1466 ZTA, an ordinance proposing minor corrections
and additions to the Zoning Code and, by a 6 to 0 vote, approved Resolution #6796
recommending approval of the Zoning Text Amendment to the City Council; and
E. Notice of a public hearing of the City Council of the City of Palm Springs to
consider the Zoning Text Amendment was given in accordance with applicable law; and
F. On March 19, 2020, a duly noticed public hearing on the proposed Zoning Text
Amendment was held by the City Council in accordance with applicable law where, by a
5 to 0 vote, the City Council adopted the Zoning Text Amendment; and
Ordinance No. 2020
Page 2
G. The proposed Zoning Text Amendment Ordinance is not subject to the
California Environmental Quality Act (Public Resources Code Section 21000 et. seq.)
pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the
Zoning Text Amendment 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 Guidelines. As projects are submitted and reviewed for
compliance with this Zoning Text Amendment, the City will conduct CEQA review as
required by law; and
H. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the Zoning Text Amendment, including, but
not limited to, the staff report, and all written and oral testimony presented; and
I. The City Council hereby finds that approval of the proposed Zoning Text
Amendment would:
1. Correct technical discrepancies in zoning code regulations;
2. Align language in the zoning code with other recent code amendments;
3. Bring certain zoning requirements into conformance with State and
Federal law;
4. Implement goals and policies of the General Plan as they relate to land
use issues; and
5. Assist staff, elected and appointed officials, and the general public in
interpreting and applying zoning regulations.
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 Resolution.
SECTION 2. Amend Section 91.00.10(B) ("Definitions') to rescind and replace
the definition for "Commercial recreation" as follows:
"Commercial recreation (indoor)" means an enclosed facility or area for sport,
entertainment, games of skill or recreation that is open to the general public for a fee.
The term includes without limitation arcades, billiard parlors, bowling alleys, roller/ice
skating rinks, and video arcades.
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SECTION 3. Amend Section 91.00.10(B) ("Definitions') to add the following
definition:
"Commercial recreation (outdoor)" means an outdoor facility or area for sport,
entertainment, games of skill, or recreation that is open to use by the general public for a
fee. The term includes without limitation amphitheaters, batting cages, golf courses, golf
driving ranges, miniature golf, sports facilities, swimming pools, tennis courts, and water
parks.
SECTION 4. Amend Section 91.00.10(B) ("Definitions') to revise the definition
for "Day care, small" as follows:
"Day care, small" means regularly provided care and supervision of eight (8) or
fewer children in the provider's own home for periods of less than twenty-four (24) hours.
The total number of children shall include those children under the age of ten (10) who
reside at the home.
SECTION 5. Amend Section 91.00.10(B) ("Definitions") to revise the definition
for "Day care, large" as follows:
"Day care, large" means regularly provided care and supervision of nine (9) to
fourteen (14) children, inclusive, in the provider's own home including those children
under the age of ten (10) who reside at the home.
SECTION 6. Amend Section 91.00.10(B) ("Definitions') to revise the definition
for "Mixed -use development" as follows:
"Mixed -use development" means a development type where residential uses and
commercial and/or civic uses are integrated within a single building or a single
development, and where the uses share pedestrian access, vehicular access, parking
functions, or any combination thereof.
SECTION 7. Amend Section 92.01.01(A) ("Uses Permitted"— R-1 Zone) to add
the following use and to renumber all following uses accordingly:
3. Accessory dwelling units, subject to the requirements of Section 93.23.14;
SECTION 8. Amend Section 92.01.01(A) ("Uses Permitted" — R-1 Zone) to
rescind and replace the standards for manufactured housing in R-1 zones as follows:
7. Manufactured housing on permanent foundations as allowed in Section
65852.3 of the California Governmental Code and Section 18551 of the
California Health and Safety Code; provided, the following criteria are met.
In cases where one (1) or more of these criteria cannot be met, such
Ordinance No. 2020
Page 4
housing shall be subject to approval of the planning director pursuant to the
provisions of Section 94.04.00, Architectural review:
a. 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,
b. 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,
C. The unit shall not be greater than ten (10) years of age at the time it
is placed on the lot,
d. The design of the residence shall be compatible with the surrounding
neighborhood.
SECTION 9. Amend Section 92.01.03(B)(5) ("Minimum Dwelling Size') to
delete the following language and renumber all following sections accordingly:
R-1-AH
R-1-A
R-1-B
R-1-C
R-1-D
R-1-E
5. Minimum dwelling size
1,500
1,500
1,500,
1,100
1,100
N/A
(excluding'
SECTION 10. Rescind and replace Section 92.01.03(B)(6) ("Building
Envelope') as follows:
5. Building Envelope. Buildings shall not exceed one (1) story and twelve (12)
feet in height at the minimum setback. From the minimum setback, the
height may be allowed to increase along a plane which has a slope of 4:12,
until a building height of eighteen (18) feet is attained. Gable ends, dormers,
shed roof eaves, butterfly or folded -plate roofs, and front entrance
treatments, not exceeding fifteen (15) feet in height, may encroach past the
building envelope limits. These regulations may be modified by the planning
commission for hillside lots pursuant to Section 94.06.01(A)(11).
SECTION 11. Rescind and replace Section 92.01.03(E)(4) ("Distance Between
Buildings') as follows:
4. Distance Between Buildings.
a. For structures relating to the keeping of horses, the provisions of
Section 92.21.01(D)(5) shall apply.
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b. Minimum distance between buildings, accessory or main, shall be six
(6) feet unless such buildings have a common wall.
c. Buildings, accessory or main, over twelve (12) feet in height shall be
separated by a minimum distance of ten (10) feet unless such
buildings have a common wall.
SECTION 12. Amend Section 92.02.01(A) ("Uses Permitted"— R-G-A Zone) to
rescind and replace the permitted uses as follows:
A. Uses Permitted. Buildings, structures and land shall be used and buildings
and structures shall hereafter be erected, altered or enlarged only for the
following uses. All uses shall be subject to the standards in Section
92.02.03.
1. Single-family dwellings in accordance with Section 92.01.00 (R-1-C);
2. Multiple -family dwellings;
3. Accessory buildings and uses customarily incidental to the permitted
uses and located on the same lot therewith;
4. Accessory dwelling units, subject to the requirements of Section
93.23.14;
5. Home occupations subject to the provisions of Chapter 5.22 of the
Palm Springs Municipal Code;
6. Hotels which exist on the effective date of this Zoning Code;
7. Manufactured housing on permanent foundations as allowed in
Section 65852.3 of the California Governmental Code and Section
18551 of the California Health and Safety Code; provided, the
following criteria are met. In cases where one (1) or more of these
criteria cannot be met, such housing shall be subject to approval of
the planning director pursuant to the provisions of Section 94.04.00,
Architectural review:
a. 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,
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Page 6
b. 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,
c. The unit shall not be greater than ten (10) years of age at the time
it is placed on the lot,
d. The design of the residence shall be compatible with the
surrounding neighborhood.
SECTION 13. Amend Section 92.02.01(C) ("Uses Permitted by Conditional Use
Permit" — R-G-A Zone) to add the following use and renumber all following uses
accordingly:
4. Off -site parking areas, not as an accessory to uses permitted in this zone.
The property proposed for off -site parking shall abut a commercial zone or
on an alley which is the boundary with such zone, and extend not more than
one hundred fifty (150) feet from such boundary;
SECTION 14. Amend Section 92.03.01(A) ("Uses Permitted" — R-2 Zone) to
rescind and replace the permitted uses as follows:
A. Uses Permitted. Building, structures and land shall be used and buildings
and structures shall hereafter be erected, altered or enlarged only for the
following uses. All uses shall be subject to the standards in Section
92.03.03.
1. Permanent single-family dwelling subject to the standards of the R-1-A
zone (Section 92.01.00);
2. Multiple -family dwellings;
3. Hotels (provided that no more than ten (10) percent of the guest rooms
contain kitchen facilities);
4. Accessory buildings and uses customarily incidental to the permitted
uses and located on the same lot therewith;
5. Accessory dwelling units, subject to the requirements of Section
93.23.14;
6. Home occupations subject to the provisions of Chapter 5.22 of the Palm
Springs Municipal Code.
Ordinance No. 2020
Page 7
7. Manufactured housing on permanent foundations as allowed in Section
65852.3 of the California Governmental Code and Section 18551 of the
California Health and Safety Code; provided, the following criteria is
met. In cases where one (1) or more of these criteria cannot be met,
such housing shall be subject to approval of the planning director
pursuant to the provisions of Section 94.04.00, Architectural review:
a. 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,
b. Siding materials shall comply with the Uniform Buildinq
Code and Uniform Buildinq Code Standards as adopted by
the city of Palm Springs and shall be limited to those
customarily utilized in the desert,
C. The unit shall not be greater than ten (10) years of age at the
time it is placed on the lot,
d. The design of the residence shall be compatible with the
surrounding neighborhood.
SECTION 15. Amend Section 92.03.01(C) ("Uses Permitted by Conditional Use
Permit"— R-2 Zone) to rescind and replace the following use:
10. Off -site parking areas, not as an accessory to uses permitted in this zone.
The property proposed for off -site parking use shall abut a commercial zone
or on an alley which is the boundary with such zone, and extends not more
than one hundred fifty (150) feet from the boundary;
SECTION 16. Amend Section 92.03.01(C) ("Uses Permitted by Conditional Use
Permit"— R-2 Zone) to delete the following use:
16. Video/amusement arcades as a secondary use in conjunction with a resort
hotel subject to the provisions of Section 93.16.00.
SECTION 17. Amend Section 92.04.01(A) ("Uses Permitted" — R-3 Zone) to
delete the following use and renumber all following uses accordingly:
6. Video/amusement machines as an accessory use subject to the provisions
of Section 93.16.00;
SECTION 18. Amend Section 92.04.01(D) ("Uses Permitted by Conditional Use
Permit" — R-3 Zone) to delete the following use:
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Page 8
20. Video/amusement arcades as a secondary use in conjunction with a resort
hotel subject to the provisions of Section 93.16.00.
SECTION 19. Amend Section 92.05.01(A) ("Uses Permitted" — R-4 Zone) to
delete the following use and renumber all following uses accordingly:
6. Video/amusement machines as an accessory use subject to the provisions
of Section 93.16.00;
SECTION 20. Amend Section 92.05.01(D) ("Uses Permitted by Conditional Use
Permit" — R-4 Zone) to delete the following use and renumber all following uses
accordingly:
8. Video/amusement arcades as a secondary use in conjunction with a resort
hotel subject to the provisions of Section 93.16.00;
SECTION 21. Amend Section 92.09.01(C)(1) ("Uses Permitted by Land Use
Permit" — CBD Zone) to add the following uses and renumber all following uses
accordingly:
e. Commercial recreation (indoor);
k. Lodges, meeting halls, private clubs, wedding chapels, and similar
assembly uses;
SECTION 22. Amend Section 92.09.01(D) ("Uses Permitted by Conditional Use
Permit" — CBD Zone) to delete the following use and renumber all following uses
accordingly:
9. Lodges, meeting halls, private clubs;
SECTION 23. Amend Section 92.10.01(A) ("Uses Permitted"— C-D-N Zone) to
delete the following use and renumber all following uses accordingly:
37. Video/amusement machines as an accessory use subject to the provisions
of Section 93.16.00;
SECTION 24. Amend Section 92.10.01(C) ("Uses Permitted by Land Use
Permit" — C-D-N Zone) to add the following use and renumber all following uses
accordingly:
5. Commercial recreation (indoor);
SECTION 25. Amend Section 92.10.01(A) ("Uses Permitted by Conditional Use
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Page 9
Permit" — C-D-N Zone) to delete the following uses and renumber all following uses
accordingly:
3. Video/amusement arcades as a primary use subject to the provisions of
Section 93.16.00;
4. Video/amusement machines as a secondary use subject to the provisions
of Section 93.16.00;
SECTION 26. Amend Section 92.11.01(D) ("Uses Permitted by Conditional Use
Permit"— C-S-C Zone) to delete the following uses:
10. Video/amusement arcades as a primary use subject to the provisions of
Section 93.16.00;
11. Video/amusement machines as a secondary use subject to the provisions
of Section 93.16.00.
SECTION 27. Amend Section 92.12.01(A) ("Uses Permitted. — C-1 Zone) to
delete the following use:
57. Video/amusement machines as an accessory use subject to the provisions
of Section 93.16.00.
SECTION 28. Amend Section 92.12.01(C)(1) ("Uses Permitted by Land Use
Permit' — C-1 Zone) to add the following uses and renumber all following uses
accordingly:
f. Commercial recreation (indoor);
k. Lodges, meeting halls, private clubs, wedding chapels, and similar
assembly uses;
SECTION 29. Amend Section 92.12.01(D) ("Uses Permitted by Conditional Use
Permit' — C-1 Zone) to delete the following uses and renumber any following uses
accordingly:
17. Lodges, meeting halls;
26. Video/amusement arcades as a primary use subject to the provisions of
Section 93.16.00;
27. Video/amusement machines as a secondary use subject to the provisions
of Section 93.16.00.
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Page 10
SECTION 30. Amend Section 92.13.01(A)(2) ("Uses Permitted"— C-IAA Zone)
to delete the following use:
II. Video/amusement machines as an accessory use subject to the provisions
of Section 93.16.00.
SECTION 31. Amend Section 92.13.01(C)(1) ("Uses Permitted by Land Use
Permit" — C-IAA Zone) to add the following use and renumber all following uses
accordingly:
d. Commercial recreation (indoor);
SECTION 32. Amend Section 92.13.01(D) ("Uses Permitted by Conditional Use
Permit"— C-IAA Zone) to delete the following use:
10. Video/amusement arcades as a secondary use in conjunction with a resort
hotel subject to the provisions of Section 93.16.00.
SECTION 33. Amend Section 92.14.01(A) ("Uses Permitted" — C-2 Zone) to
rescind and replace the following use:
17. Lodges, meeting halls, private clubs, wedding chapels, and similar
assembly uses;
SECTION 34. Amend Section 92.14.1.01(C) ("Uses Permitted by Land Use
Permit"— HC Zone) to add the following use and renumber all following uses accordingly:
2. Commercial recreation (indoor);
SECTION 35. Amend Section 92.16.01(A) ("Uses Permitted"— M-1-P Zone) to
delete the following use and renumber all following uses accordingly:
8. Video/amusement machines as an accessory use subject to the provisions
of Section 93.16.00;
SECTION 36. Amend Section 92.16.01(C) ("Uses Permitted by Land Use
Permit" — M-1-P Zone) to add the following use and renumber all following uses
accordingly:
3. Commercial recreation (indoor);
SECTION 37. Amend Section 92.17.01(D) ("Uses Permitted by Conditional
Use Permit" — M-1 Zone) to delete the following use and renumber all following uses
accordingly:
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24. Video/amusement arcades as a primary or secondary use subject to the
provisions of Section 93.16.00;
SECTION 38. Amend Section 92.18.01(A) ("Uses Permitted" — A Zone) to
delete the following use:
16. Video/amusement machines as an accessory use, subject to the provisions
of Section 93.16.00.
SECTION 39. Amend Section 92.18.01(A) ("Uses Permitted by Conditional Use
Permit"— A Zone) to delete the following use:
5. Video/amusement arcades as a primary use, subject to the provisions of
Section 93.16.00.
SECTION 40. Rescind and replace Section 92.21.01(A) ("Uses Permitted"— O
Zone) as follows:
A. Uses Permitted. Buildings, structures and land shall be used and buildings
and structures shall hereafter be erected, altered or enlarged only for the
following uses:
1. Accessory buildings and uses customarily incident to the permitted
uses on the same lot therewith. It is unlawful to construct, erect or
locate any accessory building without a permitted main building.
2. Agriculture;
3. Governmental public facilities;
4. Public parking areas;
5. Public parks, recreational areas, and open space;
6. Single-family residential uses, on lots which were of record on
August 1, 1973 and in conformance to the density limits established
by the General Plan; provided, however, that the owner files a
nonsuit covenant with the City of Palm Springs, relieving the City
from responsibility related to whatever hazard may exist.
SECTION 41. Rescind and replace Section 92.21.01(D) ("Uses Permitted by
Conditional Use Permit" — O Zone) as follows:
D. Uses Permitted by Conditional Use Permit.
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Cemeteries;
2. Commercial recreation (outdoor);
3. Energy Uses.
a. Solar energy facility;
b. Wind energy conversion systems (WECS) subject to the
requirements and standards contained in Section
94.02.00(H)(8),
C. Co -generation facilities;
4. Except for the "0" Zone, large scale residential developments may
be permitted on sites of not less than forty (40) acres in an 0-20 Zone
at a density of one (1) unit per twenty (20) acres and on sites not less
than five (5) acres in an 0-5 Zone at a density not to exceed that
permitted by the General Plan land use map. The land shall be
developed as an integrated unit, conforming to all property
development standards, except that lot area, lot dimensions,
coverage and yards may be modified to allow "cluster" housing;
provided, the overall development equals the general quality of
development in the immediate area. Density is determined by net
area. Adequate guarantee must be provided to ensure permanent
retention of open space.
5. Keeping of horses, in connection with the residential use of the
property, subject to the following conditions:
a. The lot is not more than three-quarters (%) of a mile from a
bridle trail existing or proposed on the General Plan,
b. There shall not be more than one (1) horse for each one-half
(Y2) acre of lot area, however, not more than four (4) horses
shall be kept on any one lot,
C. No stable, barn, pen or corral shall be within one hundred
(100) feet of any lot line abutting a street, abutting any lot line,
or abutting any dwelling or other building used for human
habitation on the same lot;
6. Outdoor storage when conforming to all standards of the zoning
ordinance, and where use abuts an industrial zone;
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7. Places of assembly;
8. Public schools, including accessory uses.
SECTION 42. Rescind and replace Section 92.26.00(C)(6) ("D" Downtown
Parking Combining Zone) as follows:
6. Mixed -Use Developments, Which Exceed Twenty Thousand (20,000)
Square Feet of Gross Floor Area.
One space for each three hundred seventy-five (375) square feet of gross
floor area. In addition, theaters and restaurants within mixed -use
developments shall also require parking in addition to the 1:375 ratio as
follows:
Size of Mixed -Use
Restaurant Area Over
Development
Theaters
25% of Total Area of
Development
20,000 — 100,000 sq.
3 spaces/100 seats
1 space/100 sq. ft.
ft.
100,000 — 200,000 sq.
3 spaces/100 seats
1 space/167 sq. ft.
ft.
over initial 450 seats
200,000 sq. ft.+
3 spaces/100 seats
No additional spaces
over initial 750 seats
a. An application for a mixed -use development shall designate any
proposed theater and restaurant use for the purpose of computing
parking requirements. Theater and restaurant uses may not
thereafter be added in a manner which would require additional
parking in accordance with the above ratios unless the additional
parking can be provided on site or in -lieu fees are paid to the off-
street parking fund.
b. Residential units, when incorporated as part of a mixed -use
development which exceeds twenty -thousand (20,000) square feet
of gross floor area, shall be parked at a ratio of one-half (0.5) space
per bedroom from the first two bedrooms. No additional parking
spaces shall be required for residential units with more than two
bedrooms.
C. Hotels, when incorporated as part of a mixed -use development
which exceeds twenty -thousand (20,000) square feet of gross floor
area, shall be parked at a ratio of on -half (0.5) space per guest room.
Ancillary hotel uses, such as restaurants and banquet facilities, shall
require additional parking in accordance with the ratios in the table
above.
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Page 14
SECTION 43. Rescind and replace Section 93.01.00(F)(3)(a) ("Yards) as
follows:
a. Cornices, canopies, eaves, shed -roof eaves, belt courses, sills, balconies,
unenclosed stairways, chimneys, wind walls and other similar architectural
features may extend or project into a required front yard or into a courtyard
not more than four (4) feet, and may extend into a required side or rear yard
not more than four (4) inches for each one (1) foot of width of such required
side or rear yard.
SECTION 44. Rescind and replace Section 93.06.00(B)(6) (Mixed Uses or
Occupancies) as follows:
6. Mixed Uses or Occupancies. In the case of mixed uses or occupancies, the
total number of required off-street parking spaces shall be the sum of the
requirements for the various uses computed separately. Off-street parking
facilities provided for one use shall not be considered as providing the
requirement parking facilities for any other use, unless a joint use of parking
facilities has been approved by the Planning Commission as specified in
this section. Parking requirements for mixed -use developments, as that
term is defined in Section 91.00.10, shall be calculated in accordance with
the requirements of subsection (D)(7) or subsection (D)(20), as may be
applicable.
SECTION 45. Amend Section 93.06.00(B) ("Off-street parking") to add the
following:
12. Electric Vehicle Charging Spaces and Stations
a. Electric vehicle charging spaces and stations shall be permitted as
an accessory use within any existing residential garage or carport, or
within any existing legal commercial/industrial/civic parking space in
a parking lot or in a parking garage.
b. Electric vehicle charging spaces shall be provided in accordance
with the requirements of the California Green Building Standards
Code.
C. Any spaces reserved for electric vehicle charging stations shall be
clearly marked with signage and shall meet the parking design
standards set out in Subdivision C of this Section.
d. Electric vehicle supply equipment shall comply with the Palm Springs
Building Code, including all applicable provisions of the California
Electrical Code and the California Green Building Standards Code
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Page 15
pertaining to electric vehicle supply equipment, and shall not reduce
the size of the parking space. Electric cords shall not a cross a
pathway.
SECTION 46. Rescind and replace Section 93.06.00(D)(30) ("Off -Street
Parking — Places of Public Assembly') as follows:
30. Places of Public Assembly. Churches, auditoriums, exhibition halls,
theatres, convention facilities, meeting halls, lodges, private clubs, wedding
chapels, and other similar places of public assembly shall provide one (1)
off-street parking space for every four (4) seats, if seats are fixed; one (1)
space for each thirty-five (35) square feet of assembly area, which does not
include foyer, corridors, restrooms, kitchens, storage and other areas not
used for assembly of people. For churches, off-street parking shall be
required for primary seating only. Submitted plans shall show the number
of seats in the assembly area; or if no fixed seating, the total gross floor
area of the assembly area.
SECTION 47. Amend Section 93.07.02(C) ("Nonconforming Trash Enclosures')
to delete the following section and renumber all following sections accordingly:
C. Nonconforming Trash Enclosures. Properties which are unable to comply
with the provisions of this section shall be required to apply for a minor
modification under the provisions of Section 94.06.01 of this Zoning Code.
SECTION 48. Amend Section 93.20.06(C)(2) ("Permitted Signs —
Downtown/Uptown') to rescind and replace Section 2 as follows:
2. Service Signs
Maximum Number
1 sin per business.
Maximum Area
3 square feet.
Location
Sign may be located on the interior of a window or on a
wall adjacent to the front entrance of the business.
Illumination Permitted
No illumination permitted.
Permit Required
No
SECTION 49. Rescind and replace Section 93.20.08(H)(4) ("Sign Program for
Multi -Tenanted Buildings or Sign Districts') as follows:
4. Approval Process- Deviations. A sign program that varies from the specific
requirements of the Sign Ordinance may be approved if the Planning
Commission finds the following:
a. Due to the physical characteristics of the property and the orientation
and design of the structures on the property, strict application of the
Ordinance No. 2020
Page 16
regulations of the Sign Ordinance will not give adequate visibility to
the signage;
b. That the approved program will be compatible with the design of the
property and will represent the least departure from the standards of
the Sign Ordinance necessary for the effectiveness of the program;
and
C. That the approved program is compatible with the surrounding
property and not contrary to the purpose of the Sign Ordinance.
SECTION 50. Rescind and replace Section 93.20.09 ("Temporary Signs') as
follows:
A. Temporary Signs allowed at any time. A property owner may place sign(s)
with a sign face no larger than the following on the property at any time, as
follows:
Residential Zones. Up to two (2) free-standing temporary signs of up
to eight (8) square feet, or one (1) free-standing temporary sign of up
to sixteen (16) square feet, and/or one (1) window sign of no more
than four (4) square feet may be maintained on each individual
residentially zoned property.
2. Commercial and Industrial Zones. Up to two (2) temporary signs of
up to ten (10) square feet or one (1) temporary sign of up to twenty
(20) square may be maintained on any commercial or industrial
property.
3. Vacant Properties, Permit Required. Up to two free-standing
temporary signs of up to eight (8) square feet in size, or one (1) free-
standing temporary sign of up to sixteen (16) square feet in size is
permitted on any vacant property, with the express written consent
of the owner of the land, for a period of time of sixty (60) days per
calendar year. Placement of a temporary sign on vacant residential,
commercial, or industrial property is prohibited without a permit for
same issued by the City. No permit shall be granted for placement of
any temporary sign on vacant property except upon an applicant's
submission of written proof of express permission from the owner of
the vacant property in question for placement of the proposed
temporary sign.
B. Temporary signs, time limited. In addition to the signage permitted in
subdivision (A) above, a property owner may also maintain up to two (2)
additional free-standing signs of up to eight (8) additional square feet or one
Ordinance No. 2020
Page 17
(1) sign of up to sixteen (16) square feet for one hundred and twenty (120)
days (consecutive or non-consecutive) per calendar year.
C. Temporary Signs in Right -of -Way. Temporary signs shall not be
installed or maintained on any public right-of-way or on any public
property, including without limitation trees, public utility poles, and
street signs, and shall only be placed on private property except as
otherwise expressly provided in this Sign Ordinance. However,
nothing herein shall be interpreted as prohibiting any person from
carrying or holding a temporary sign within a public right-of-way as
allowed in Section 11.28.050 of this Code.
D. Exception re: Temporary Signs in Right -of -Way. The owner or
resident of a property in a residential zone, or an authorized agent
thereof, may place temporary signage consistent with Subdivision
93.20.09(A) in right-of-way provided that there is no sidewalk located
in the right-of-way in question, the right of way in question is
landscaped or otherwise improved, and the property in question
extends up to a hedge, fence, wall or other boundary located five (5)
feet or less away from the curb or roadway surface. In the event that
an owner or resident of a residential property places any temporary
signage pursuant to this Subdivision 93.20.09(F), that signage shall
be placed as close to hedge, fence, wall or other boundary of the
property as possible, and in no event less than three (3) feet from the
curb or roadway surface.
SECTION 51. Amend Section 94.06.01(A)(8) ("Minor Modifications') to delete
the following section and renumber all following sections accordingly:
8. Trash Enclosures. When hardship is created by the provisions of Section
93.07.00, minor modifications may be applied for to alter the requirements
creating the hardship. When a site plan limits the ability to locate a trash
enclosure outside required setbacks, a minor modification may be approved
allowing encroachment into the setback providing adequate screening can
be achieved;
SECTION 52. Amend Section 94.06.01(B)(6) ("Minor Modifications') to rescind
and replace Section 6 as follows:
6. Additional Considerations —Separation Waivers for Cannabis Facilities. In
addition to the findings listed in subsection (13)(3) above, the City Council
may consider additional factors when evaluating waivers from separation
requirements for Cannabis Facilities, as may be determined from time to
time via resolution.
Ordinance No. 2020
Page 18
SECTION 53. If any section or provision of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, the remaining sections and/or provisions of this
Ordinance shall remain valid. The City Council hereby declares that it would have
adopted this Ordinance, and each section or provision thereof, regardless of the fact that
any one or more section(s) or provision(s) may be declared invalid or unconstitutional or
contravened via legislation.
SECTION 54. 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) and 15060(c)(3) of the State Guidelines, because the ordinance 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
Guidelines.
SECTION 55. 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
COUNCIL THIS 2ND DAY OF APRIL 2020.
r
GEOFF KORS
MAYOR
Ordinance No. 2020
Page 19
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 2020 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on March 19, 2020 and adopted at a
regular meeting of the City Council held on April 2, 2020 by the following vote:
AYES: Garner, Holstege, Middleton, Woods, and Mayor Kors
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this day of
(ANTHONY/J. -Ejbk
,
CITY CLERK