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HomeMy WebLinkAbout2031ORDINANCE NO. 2031 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE TO ESTABLISH THE NAME OF THE DEVELOPMENT SERVICES DEPARTMENT AND TO UPDATE THE ASSOCIATED TITLES AND REFERENCES THEREIN. City Attorney's Summary This Ordinance amends the Palm Springs Municipal Code to modify all references relative to the Development Services Department, and the titles of the Development Services Director, Building Official, and City Engineer. 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 Sections 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. On June 30, 2020, the City Council adopted a revised Allocated Positions and Compensation Plan via Resolution No. 24775, which combined the Building & Safety Department, the Department of Engineering Services, the Department of Planning Services, and the Office of Sustainability, under one department to be known as the Development Services Department; and D. This ordinance is a technical update to the City's Municipal Code to establish the Development Services Department, to combine the responsibilities and authority of the City departments identified above under the Development Services Department, and making various conforming amendments consistent therewith; and E. The proposed Zoning Text Amendment Ordinance is not subject to the California Environmental Quality Act ("CEQA") (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) of the State Guidelines, because the ordinance relates to organizational or administrative activities of government that 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. As projects are submitted and reviewed for compliance with this ordinance, the City will conduct CEQA review as required by law. Ordinance No. 2031 Page 2 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 the and through this Ordinance. SECTION 2. Amend Section 2.29.010 of Chapter 2.29 of the Palm Springs Municipal Code as follows: 2.29.010 Created. Pursuant to Section 65100 et seq. of the California Planning and Zoning Law, there has been and hereby is established for the city a planning agency, consisting of a planning department known as the development services department, a planning commission, and the city council acting in combination. The planning commission consists and shall consist of seven members, serving without compensation, and appointed in the manner and for the terms prescribed in Sections 2.04.060 and 2.06.010 respectively, of this code. It shall have the powers, functions and duties prescribed in the Planning and Zoning Law and in the Palm Springs zoning ordinance and in this code and other local ordinances, provided that it shall not exercise any direct contracting authority as specified in Section 65007 of the planning and zoning law. SECTION 3. Amend Section 2.60.070(B) of Chapter 2.60 of the Palm Springs Municipal Code as follows: (B) The Development Services Director and the city clerk shall at all times use and apply their best efforts to affect and ensure the City's prompt compliance with subdivision (A) of this section 2.60.070. SECTION 4. Amend Section 5.34.060 of Chapter 5.34 of the Palm Springs Municipal Code as follows: 5.34.060 Application for massage establishment permit. Every applicant for a permit to maintain, operate, or conduct a massage establishment shall file an application under oath with the City Manager upon a form provided by said collector and pay a non-refundable annual permit fee in such amount, as established by resolution of the City Council. Permittees who have already paid the permit fee for the current period shall not be required to pay an additional fee hereunder. The application, once accepted, shall be referred to the chief of police for investigation. Copies of the application shall within five days also be referred to the fire department, the health department, and the development services department. The departments shall within thirty days inspect the premises proposed to be operated as a massage establishment and shall make written verification to the City Manager concerning compliance with the codes of the City that they administer. The application shall further be referred to the police department for investigation of the applicant's character and qualifications. Each application shall contain the following information: Ordinance No. 2031 Page 3 SECTION 5. Amend Section 5.38.195(2) of Chapter 5.38 of the Palm Springs Municipal Code as follows- (2) Valets must post a sign during their business hours at each location where they take possession of vehicles. The sign must identify the names, address and telephone number of the operator and the hours of operation. The sign must be approved in advance by the Development Services Director. SECTION 6. Amend Section 5.55.140(C) of Chapter 5.55 of the Palm Springs Municipal Code as follows: C. Prior to commencing operations, an Adult -Use Cannabis Business must obtain a certification from the Development Services Director certifying that the business is located on a site that meets all of the requirements of the City's Zoning Ordinance. SECTION 7. Amend Sections 5.77.025(a) and 5.77.025(b) of Chapter 5.77 of the Palm Springs Municipal Code as follows: (a) The city development services director shall issue an adult oriented business permit within thirty days of receipt of a complete application if it finds that: (b) The city development services director shall deny the requested permit if the above findings have not been made. SECTION 8. Amend Section 5.81.040 of Chapter 5.81 of the Palm Springs Municipal Code as follows: 5.81.040 Procedure. (a) Prior to any action by the Public Arts Commission, the Development Services Department shall send notice of such application to all property owners within 500 feet of the location of the mural at least 10 days prior to the Public Arts Commission consideration of the mural. No mural shall be permitted until the Development Services Department has certified that notification has been completed. (b) The Development Services Department shall submit the application to the Public Arts Commission who shall review the proposal, solicit public comment, and make a recommendation to the City Council based on the artistic merit and execution of the proposed art. (c) The Development Services Department shall submit the application to the City Council for authorization. (d) For a proposed mural on any Class 1 historic site, the application shall be referred to the Historic Site Preservation Board for recommendation prior to authorization by the City Council. Ordinance No. 2031 Page 4 SECTION 9. Amend Sections 8.04.402(a) and 8.04.402(b) of Article IV of Chapter 8.04 of the Palm Springs Municipal Code as follows: (a) Utility lines of less than thirty-five kV and overhead service drop conductor(s), including all lines on -site, abutting and transecting shall be placed underground when existing buildings or structures are remodeled or expanded where the modification increases the building footprint (exclusive of porches and patios) of an existing structure by more than ten percent for multifamily, commercial and industrial uses and by more than forty percent for single-family use unless undergrounding is deferred pursuant hereto. Deferral may be permitted by the City Engineer under the following circumstances: (i) if the length of line to be undergrounded is less than three hundred lineal feet; or (ii) if the cost of undergrounding would be excessive in comparison to the value of the improvements being constructed and be a financial hardship; or (iii) if there are alternative methods of accomplishing the under -grounding; or (iv) there is limited public benefit to the undergrounding. (b) The overhead service drop conductors shall be placed underground when existing buildings or structures are repaired, remodeled or expanded where the value (as determined for building permit fee purposes by the building code of the city) of such repairs or remodeling or expansion in any calendar year exceeds the assessed valuation of the building or structure, or the amount of twenty thousand dollars, whichever is less. The undergrounding of utilities may be waived or deferred by the Development Services Director under the following circumstances: (i) if the cost of undergrounding would be excessive in comparison to the value of the improvements being constructed and be a financial hardship; or (ii) if there are alternative methods of accomplishing the undergrounding; or (iii) there is limited public benefit to the undergrounding. SECTION 10. Amend Section 8.05.020 of Chapter 8.05 of the Palm Springs Municipal Code to revise the following definitions: "Department" means the Development Services Department, unless otherwise specified herein. "Director" means the Director of the Development Services Department, or their designee, unless otherwise specified herein. SECTION 11. Amend Section 8.40.030 of Chapter 8.40 of the Palm Springs Municipal Code as follows: 8.40.030 Processing time limits. It shall be the responsibility of the Development Services Director or the director's designee to inform a transportation demand management applicant as to the completeness of the application within thirty days of filing the application. Once the application is accepted as complete, the Development Services Director shall either approve or deny the application within sixty days. Ordinance No. 2031 Page 5 SECTION 11 Amend Section 8.40.035 of Chapter 8.40 of the Palm Springs Municipal Code as follows: 8.40.035 Filing procedure and evaluation. (a) A request for TDM approval shall be made through application forms provided by the Development Services Department. The application for such approval shall be filed with the Development Services Department within thirty days of the issuance of a certificate of occupancy. (b) A processing fee shall be paid at the time the completed application is filed with the Development Services Department. The fee shall be as adopted by resolution of the city council. (c) An application for TDM review shall be supplemented by plans and other pertinent information to adequately address all applicable aspects of a proposal. (d) The Development Services Department shall review applications and approve, conditionally approve or deny the application and shall assure conformity with the chapter. SECTION 12. Amend Section 8.80.1000) of Chapter 8.80 of the Palm Springs Municipal Code as follows: (j) Due to the potential economic and public health, welfare and safety problems caused by vacant buildings, the City needs to monitor them, so that they do not become attractive nuisances, are not used by trespassers, are properly maintained, and do not become a blighting influence in the neighborhood. City departments involved in such monitoring include the Police, Fire, and Development Services Departments. There is a substantial cost to the City for monitoring vacant buildings, whether or the buildings in question are boarded up, which should be borne by the owners thereof. The fees for a monitoring program pursuant to the provisions of this Chapter shall be separate from and in addition to any registration fees or administrative citation fines required or otherwise assessed pursuant to the provisions of this Chapter. SECTION 13. Amend Section 8.80.160(c) of Chapter 8.80 of the Palm Springs Municipal Code as follows: (c) Temporary site perimeter fencing must be pre -approved by the Development Services Department and may remain in place for a period of no more than sixty (60) days unless a permit is issued for construction. SECTION 14. Amend Section 8.80.170(b) of Chapter 8.80 of the Palm Springs Municipal Code as follows: Ordinance No. 2031 Page 6 (b) Temporary site perimeter fencing must be pre -approved by the Development Services Department and may remain in place for a period of no more than sixty (60) days unless a permit is issued for construction. SECTION 15. Amend Section 9.60.030(15) of Chapter 9.60 of the Palm Springs Municipal Code as follows: (15) Utilities consisting of natural gas, electric power, and telephone distribution lines shall be installed to the property lines of all lots. All existing abutting and transecting thirty-three thousand volt of less of electric lines and all proposed utility lines shall be installed underground pursuant to Article V of Chapter 8.04 of this code, unless waived by the City Engineer. Television cable service shall be provided according to the approved franchise agreement with the city. SECTION 16. Amend Section 9.60.070(a)(1) of Chapter 9.60 of the Palm Springs Municipal Code as follows: (1) Completed application, in a form prescribed by the Director; SECTION 17. Amend Section 9.60.080 of Chapter 9.60 of the Palm Springs Municipal Code as follows: 9.60.080 Lot line adjustments —Procedure. Applications for lot line adjustments shall be administered in the following manner: (1) One copy each of the forms described in Section 9.60.070 shall be forwarded to the Development Services Department. (2) The Director shall either approve or disapprove the application and forward to the city engineer for completion. (3) Any decision of the Director concerning lot line adjustments may be appealed to the planning commission. SECTION 18. Amend Section 9.60.090 of Chapter 9.60 of the Palm Springs Municipal Code as follows: If a lot line adjustment approval is granted, a certificate of compliance shall be filed with the county recorder, which certificate shall describe the real properties involved, name the owners thereof, and state that a lot line adjustment has been granted by action of the Director, giving the date thereof. SECTION 19. Amend Section 9.61.020 of Chapter 9.61 of the Palm Springs Municipal Code as follows: "Advisory Agency" means: Ordinance No. 2031 Page 7 (a) The Planning Commission shall be the advisory agency for all purposes concerning maps. (b) The Director shall be the advisory agency for all purposes concerning lot line adjustments. SECTION 20. Amend Section 9.61.020 of Chapter 9.61 of the Palm Springs Municipal Code to add the following definition: "Director" means the Director of the Development Services Department, or their designee. SECTION 21. Amend Section 9.63.070(14) of Chapter 9.63 of the Palm Springs Municipal Code as follows: (14) Each street shown by its existing actual and/or proposed street name. Street names or approval of proposed names shall be coordinated with the Development Services Department before submittal; SECTION 22. Amend Section 9.63.180(a) of Chapter 9.63 of the Palm Springs Municipal Code as follows: (a) The planning commission shall consider the application within forty-five days after the filing of the application. The planning commission may grant the application, provided that it finds that the proposal complies with applicable requirements as to area, general plan, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this title. The time limit for action may be extended by mutual consent of the subdivider and the Director. SECTION 23. Amend Section 9.63.200 of Chapter 9.63 of the Palm Springs Municipal Code as follows: 9.63.200 Authority of Development Services Director. The Director is delegated the authority for the issuance of certificates of compliance pursuant to the provisions of Section 66499.35 of the Subdivision Map Act and this chapter. SECTION 24. Amend Section 9.63.210 of Chapter 9.63 of the Palm Springs Municipal Code as follows: 9.63.210 Request. Any person owning real property may request the issuance of a certificate of compliance stating that such real property (or any division thereof) complies with Ordinance No. 2031 Page 8 the provisions of the Subdivision Map Act and of local ordinances enacted pursuant thereto. Such request shall be filed with the Director upon such forms and accompanied by such information as may be prescribed by the Director. SECTION 25. Amend Section 9.66.020 of Chapter 9.66 of the Palm Springs Municipal Code as follows: 9.66.020 Initiation of proceedings by owners. Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the Director. The petition shall contain the information required by Section 13.28.040 and such other information as required by the Director. SECTION 26. Amend Section 9.66.042 of Chapter 9.66 of the Palm Springs Municipal Code as follows: 9.66.042 Review of tentative map. The tentative map shall be distributed by the Director to all interested and affected agencies and utilities. Thereafter, the tentative map shall be considered by the director of planning and zoning who shall report and recommend to the planning commission. SECTION 27. Amend Section 9.66.044 of Chapter 9.66 of the Palm Springs Municipal Code as follows: 9.66.044 Consideration by the planning commission. The planning commission shall consider the report and recommendation of the Director on the tentative map, and shall forward a report and recommendation to the city council for approval, conditional approval, or disapproval of the proposed reversion to acreage. A copy of the planning commission report and recommendations shall be mailed to the applicant or the authorized agent. SECTION 28. Amend Section 9.68.070(a) of Chapter 9.68 of the Palm Springs Municipal Code as follows: (a) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Government Code Section 66474.2. This will normally mean ordinances, policies and standards in effect on the date the map application is certified complete by the Director. However, if permitted by the modification in repeal of Government Code Section 66474.2 or other state law, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is Ordinance No. 2031 Page 9 approved or conditionally approved. SECTION 29. Amend Section 11.74.044(f)(1) and Section 11.74.044(f)(10) of Chapter 11.74 of the Palm Springs Municipal Code as follows: (1) All noise measurements shall be made using a sound level meter meeting ANSI standard specifications for Type I equipped with Bruel and Kjaer Windscreen (Model No. UA 9237 or 0207) and calibrated to standards of National Bureau of Standards, or other instrumentation as approved by the Development Services Director. The specific instrumentation used shall be described in the noise report. (10) If the Development Services Director determines that any data provided in the noise report is inconsistent or inadequate, a supplemental noise report prepared by an independent acoustical consultant may be required. SECTION 30. Amend Section 11.80.090(d)(2)(C) of Chapter 11.80 of the Palm Springs Municipal Code as follows: (C) The Development Services Department has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to public health or safety; SECTION 31. Amend Section 14.04.110 of Chapter 14.04 of the Palm Springs Municipal Code as follows: 14.04.110 Designating of numbers for buildings. The Building Official or their designee shall have the authority, and it shall be their duty, to designate the respective numbers for buildings and structures fronting on streets heretofore laid out or to be hereafter laid out or extended. SECTION 32. Amend Section 14.04.120 of Chapter 14.04 of the Palm Springs Municipal Code as follows: 14.04.120 Fee for change in street number for buildings. Any person desiring to have changed the street number for his building or structure fronting on a street within the city shall first make application to the Building Official or their designee for such change in street number, and shall pay a fee in such amount as has been established by resolution of the city council. The Building Official shall receive the fee so required and issue a receipt for same, and process the street number change. The Building Official thereupon shall notify the affected agencies and utilities of the change. SECTION 33. Amend Section 91.00.09(A) of Chapter 91.00 of the Palm Springs Municipal Code as follows: Ordinance No. 2031 Page 10 A. The police chief, the Development Services Director, the city clerk and all officials charged with the issuance of licenses or permits, shall enforce the provisions of this Zoning Code. SECTION 34. Amend Section 91.00.10 of Chapter 91.00 of the Palm Springs Municipal Code as follows: "Administrator" means the zoning administrator, or the Director in the capacity of zoning administrator. "Affordable Housing" means ownership or rental dwelling units affordable to households with extremely low, very low, low or moderate incomes as published periodically by HCD for households in Riverside County or equivalent as approved by the Director. "Building coverage" means the relationship between the ground floor area of the building or buildings and the net area of the site. Swimming pools or any portion of a structure which is open on at least one side and is an extension of the exterior open space, in the opinion of the Director, shall not constitute a building for the purpose of this definition. "Building height" means the vertical distance plus eighteen (18) inches measured from the average grade at the curb adjacent to the property or from the top of the crown of the roadway if there is no curb, exclusive of exceptions permitted in Section 93.03.00. In the event of hillside lots, lots in excess of twenty thousand (20,000) square feet or lots where the approved pad height is greater than eighteen (18) inches above or below the curb level, the Director or planning commission may establish the point of measurement at a level higher or lower than the curb or crown of street. The building height for parcels in excess of thirty thousand (30,000) square feet shall be measured from adjacent natural grade unless otherwise established by the planning commission. "Department" means the Development Services Department, unless otherwise specified herein. "Director" means the Director of the Development Services Department of the City of Palm Springs or the City Manager's designee. "First class hotel standard" means a standard of physical features of and operational (service expectations) aspects for a hotel or resort hotel that meets or exceeds the criteria established for the American Automobile Association ("Association") "four diamond" or "four star" properties. Should this Association cease to exist or to publish physical and/or operational criteria, for hotels, or where otherwise necessary to further the purposes of this chapter, the Director may utilize a similar set of criteria that he or she finds will meet the intent of this definition. The first class hotel standard shall also include, without limitation, operation of the hotel or resort hotel on a seven (7) day a week basis, with sufficient room service, housekeeping (including housekeeping of the individual units), food and beverage Ordinance No. 2031 Page 11 service, concierge, parking, bellman, banqueting, and meeting services. "Lot coverage" means the percentage of lot area covered by all buildings and structures. Swimming pools or any portion of a structure which is open on at least one side and is an extension of the exterior open space, in the opinion of the Director, shall not constitute a building for the purpose of this definition. "Sending site" means a site which has received a certification by the Director of density eligible for transfer to another site pursuant to the provisions of this code. SECTION 35. Amend Sections 92.01.03(E)(2) and 92.01.03(E)(7) of Chapter 92.00 of the Palm Springs Municipal Code as follows: 2. Hillside Lots. Hillside lot front yards and building heights may be modified by the Director as provided in Section 94.06.01. 7. Off -Street Parking. Parking is permitted only where improved per Section 93.06.00 and in areas designed specifically for that use, unless otherwise approved by the planning commission or the Director. Such areas shall be located no closer than five (5) feet to any property line adjacent to a street. SECTION 36. Amend Section 92.04.03(E)(1)(b) of Chapter 92.00 of the Palm Springs Municipal Code as follows.- b. Hillside lot yards may be modified by the Director, as provided in Section 94.06.01. SECTION 37. Amend Section 92.05.03(D)(2)(a) of Chapter 92.00 of the Palm Springs Municipal Code as follows: a. On hillside lots, building height may be modified by the Director, as provided in Section 94.06.01. SECTION 38. Amend Section 92.09.01(C)(1)(e)(iv) of Chapter 92.00 of the Palm Springs Municipal Code as follows: iv. Additional standards as deemed appropriate by the Director, including considerations for open space, parking, and trash collection; SECTION 39. Amend Section 92.09.04(D) of Chapter 92.00 of the Palm Springs Municipal Code as follows: D. Off-street Loading and Trash Areas. Ordinance No. 2031 Page 12 The provisions of Section 93.07.00 shall apply, except for Section 93.07.01(B), which shall be modified as follows: Land Use Loading Spaces Required 1. Commercial buildings 1 2. Hotels (40 or more rooms) 1 3. Restaurants (40 or more seats) 1 4. Other uses 1 More than one (1) lot and/or owner may form agreements in the C-B-D zone to allow common usage of loading areas; provided that, the buildings are determined by the Director to be readily accessible to the common loading space(s). SECTION 40. Amend Section 92.12.01(C)(1)(f)(iv) of Chapter 92.00 of the Palm Springs Municipal Code as follows: iv. Additional standards as deemed appropriate by the Director, including considerations for open space, parking, and trash collection; SECTION 41. Amend Section 92.21.1.05(A) of Chapter 92.00 of the Palm Springs Municipal Code as follows: A. Environmental Analysis. Concurrent with the submission of any proposed project application for a specific plan, tentative map or building permit application, an environmental analysis shall be prepared and submitted to the city. The analysis shall include a map and text which identify all major and minor environmental conditions on the subject site and major environmental conditions in the surrounding area, including lands within five hundred (500) feet of the site, with the surrounding area subject to final determination by the Director. At a minimum, the analysis shall identify and describe the following subjects: 1. Geologic conditions. 2. Cultural resources. 3. Topographic conditions. 4. Unique rock formations and mineral deposits. 5. Drainage patterns and local watershed boundaries. 6. Minor and major water channels. 7. Significant landscape features, oases, etc. 8. Flora and fauna. 9. Non-native plant species. 10. Significant animal species. 11. Prior development history. 12. Existing development. Ordinance No. 2031 Page 13 A plan for the removal or other treatment of boulders shall be prepared as part of the specific plan and evaluated in the associated environmental impact report. The analysis provides the basis for project site planning, and the applicant shall design and locate proposed development to minimize impacts on environmental conditions. SECTION 42. Amend Section 92.21.1.05(B) of Chapter 92.00 of the Palm Springs Municipal Code as follows: B. View Analysis. Concurrent with the submission of any proposed project application for a specific plan, tentative map or building permit application, a view analysis shall be prepared and submitted to the City. The analysis shall include a map, photos and text which identify views of the project site from the North Palm Canyon Drive, Tram Way and other viewpoints, with the actual viewpoints subject to final determination by the Director. At a minimum, the analysis shall address the following related to the selected viewpoints: 1. Areas of the subject site which are visible. 2. Areas of the site which may be screened or otherwise oriented so as not to be visible. 3. Potential building envelopes (volumes) that would not be visible. 4. Strategies for maintaining existing screening features. 5. Strategies for implementing and maintaining proposed screening features. A three (3) dimensional graphic representation of final build -out shall be required as part of any specific plan application, including scale model, computer simulation or similar presentation. All proposed grading, including roads and parking lots; and all structures, including habitable and non -habitable buildings, storage tanks, and all walls shall be shown. The analysis provides the basis for establishing the locations and heights of structures and other support features, and the applicant shall locate proposed development to minimize off -site views of the project. SECTION 43. Amend Section 92.21.1.05(G)(4)(b) of Chapter 92.00 of the Palm Springs Municipal Code as follows: b. Wastewater lines are not located within areas subject to inundation by a one hundred (100)-year storm flow, unless approved by the City Engineer. SECTION 44. Amend Section 93.06.00(B)(7), 93.06.00(B)(10), and 93.06.00(B)(11) of Chapter 93.00 of the Palm Springs Municipal Code as follows: 7. Joint Use of Off -Street Parking Facilities. Ordinance No. 2031 Page 14 In the case of uses which operate at hours not coincident with adjacent uses, parking credit may be given for the use of those adjacent parking spaces under the following conditions: a. Sufficient evidence shall be presented to the Director demonstrating that no substantial conflict in the principal hours or periods of peak demand of the structures or uses for which the joint use is proposed will exist; b. The credited space may not exceed the distance authorized in this section from the subject use; C. The spaces must be attributed to the user by a covenant running with the land from the owner designating the spaces and their hours of use to the subject use; or d. A lease agreement from the owner to the subject user specifying the spaces and their hours of use with a requirement to notify the city if the lease is broken. 10. Administrative Relief. The Director may grant a reduction of width of required parking spaces by not more than six (6) inches and modification of other design standards subject to the finding that special circumstances would deprive the subject property of privileges enjoyed by other properties in the vicinity. Administrative relief from the number of parking spaces required by this section may be granted by the director of planning and building in the manner set forth in Section 94.06.01 (Minor modification). 11. Specific Parking Plan. Economies in parking may be achieved by large or mixed use developments. The Director may approve a specific parking plan for these kinds of development under a land use permit. SECTION 45. Amend Section 93.06.00(C)(10) of Chapter 93.00 of the Palm Springs Municipal Code as follows: 10. Handicapped Parking Spaces (for all projects other than single-family residential development). If parking spaces are provided for self -parking by employees or visitors, or both, then accessible spaces complying with this section and state and federal guidelines shall be provided according to the table below. These spaces need not be provided in the particular parking lot but may be provided in a different location, subject to Section 93.06.00(B) and approval Ordinance No. 2031 Page 15 by the Director, if equivalent or greater accessibility, cost and convenience is ensured. SECTION 46. Amend Section 93.06.00(C)(15)(g) of Chapter 93.00 of the Palm Springs Municipal Code as follows: g. A continuous six (6) inch concrete curb shall be installed to serve as a wheelstop, located no closer than five (5) feet from any building, wall or fence. Individual wheelstops shall be prohibited unless approved by the Director. SECTION 47. Amend Section 93.06.00(D)(19) of Chapter 93.00 of the Palm Springs Municipal Code as follows: 19. Mini -warehousing. Self -storage or Dead Storage. A minimum of six (6) spaces per complex; additional parking to be as required by the Director. Where a caretaker's residence is provided, a minimum of two (2) parking spaces shall be provided for the exclusive use of such residence in addition to those required for the miniwarehouse function. SECTION 48. Amend Section 93.06.00(E) of Chapter 93.00 of the Palm Springs Municipal Code as follows: E. Design Dimensions. The off-street parking area design criteria, as set forth as follows, exemplify minimum dimensions necessary for traffic circulation, ingress and egress, and public safety to and through parking areas, while setting aside ample open space to integrate landscaping, lighting and pedestrian design features into the plan to create an off-street parking area aesthetically complementary to the urban environment. In order to allow for innovative designs to be explored, alternate designs may be considered and approved by the planning commission. While this provision is not intended to allow deviation from the minimums as set forth herein, it is to provide flexibility in the application and structuring of landscaping and related environmental elements. The following parking lot dimensions shall apply to all parking lots constructed in accordance with this Zoning Code. In event practical difficulties and hardships result from the strict enforcement of the following standards due to existing permanent buildings, or an irregular shaped parcel, administrative relief may be granted by the Director according to Section 93.06.00(B)(10) and Section 94.06.01 (Minor modifications). 10. Driveway widths shall be twenty-four (24) feet minimum and constructed to city standards. The Director may require a wider driveway to accommodate needs. Ordinance No. 2031 Page 16 11. First parking space shall be ten (10) feet minimum distance from property line adjacent to the street. The Director may require a greater distance. 12. Six (6) inch PCC curb and gutters shall be installed, except that six (6) inch PCC vertical curbs may be installed in lieu of curb and gutters if no drainage is carried along curb line. Where a six (6) inch PCC vertical curb is used, a two (2) foot wide concrete gutter section shall be installed along drainage lines. Individual wheelstops shall be prohibited unless approved by the Director. 19. Handicapped Parking Spaces. See subsection (C)(10) of Section 93.06.00. Other dimensions as accepted by the Institute of Traffic Engineers may be approved by the Director or planning commission. SECTION 49. Amend Section 93.20.05(C)(2) of Chapter 93.00 of the Palm Springs Municipal Code as follows: 2. The Director shall prepare and implement administrative rules, regulations, and guidelines consistent with, and in furtherance of, the provisions of this Subsection. SECTION 50. Amend Section 93.20.06(D)(2) of Chapter 93.00 of the Palm Springs Municipal Code as follows: 2. The Director shall prepare and implement administrative rules, regulations, and guidelines consistent with, and in furtherance of, the provisions of this Subsection. SECTION 51. Amend Section 93.20.08(H)(3) of Chapter 93.00 of the Palm Springs Municipal Code as follows: 3. Approval Process. A sign program that is fully conforming to the requirements of this Chapter may be approved by the Director, following a review and recommendation by the Architectural Advisory Committee pursuant to Section 94.04.00(E)(2)(a). SECTION 52. Amend Section 93.20.10(A)(1) of Chapter 93.00 of the Palm Springs Municipal Code as follows: 1. Approval and Permits Required. Except as otherwise provided in this Chapter, it is unlawful for any person to construct, erect, repair, alter the structure of, or otherwise relocate any sign within the City without first obtaining a sign permit, and building/electrical permit(s) if required. Review and approval by the Planning Commission shall be required for the design and location of signs in excess of fifty (50) square feet. All other signs shall Ordinance No. 2031 Page 17 be approved by the Director, except that either the applicant or the Director may request review by the planning commission. Sign permit fees shall be established by resolution of the City Council. A double permit fee shall be assessed if the installation of a sign is commenced before obtaining a permit. Permits shall be required for the installation or maintenance of all signs except for temporary signs on private developed property. Permits are also required for portable signs within or on the public right-of-way and temporary signs on vacant property. SECTION 53. Amend Section 93.23.03(B)(9) of Chapter 93.00 of the Palm Springs Municipal Code as follows: 9. All roads from the site to any public street or highway shall be paved with suitable asphaltic material on a prepared base as per specifications of the City Engineer to a width of twenty-eight (28) feet to prevent the emanation of dust. SECTION 54. Amend Section 93.23.07(D) of Chapter 93.00 of the Palm Springs Municipal Code as follows: D. Application. Every application for a conditional use permit shall be made in writing to the planning commission on the forms provided by the Department and shall be accompanied by the filing fee set forth by city council resolution. Applications shall be reviewed by the planning commission for conformance with this section. The application shall include the following information: 17. Such additional information as shall be reasonably required by the Director. SECTION 55. Amend Section 93.23.07(E) of Chapter 93.00 of the Palm Springs Municipal Code as follows: 10. Unsafe and Inoperable WECS. (a) Whenever any existing commercial WECS are modified, or any new commercial WECS are installed, any commercial WECS on the site which are unsafe, inoperable or abandoned or for which the permit has expired shall be removed by the owner or brought into compliance with the provisions of this section. All safety hazards created by the installation and operation of the WECS shall be eliminated. Whenever the operation of any WECS is eliminated, the site shall be restored to its condition prior to installation. A bond, in an amount approved by the Director, or other appropriate form of security, in a form approved by the city attorney, may be required to cover the cost of removal and site restoration. Ordinance No. 2031 Page 18 (b) Every unsafe or inoperable commercial WECS and every commercial WECS which has not generated power for twelve (12) consecutive months is declared to be a public nuisance which shall be abated by repair, rehabilitation, demolition or removal. The appropriate abatement method shall be determined by the Director based upon the cost of abatement and the degree to which the WECS will meet the requirements of this section following abatement. A commercial WECS which has not generated power for twelve (12) consecutive months shall not be considered a public nuisance; provided, the owner can demonstrate that modernization, rebuilding or repairs are in progress or planned and that a good faith effort is being made to return the WECS to service at the earliest practical date. If a commercial WECS does not deliver power as a result of a curtailment whereby power is not accepted by the contracted utility, the period of curtailment shall be added to the minimum period defined above. 15. Electrical Distribution Lines. (a) To the extent economically prudent, as determined by the planning commission, electrical distribution lines on the project site shall be undergrounded up to the low voltage side of the step-up transformer or to the utility interface point of an on -site substation. (b) Any electrical distribution line of less than thirty-four (34) kV, not subject to the jurisdiction of the California Public Utilities Commission, which is located within one (1) mile of State Highways 62 and 111, or within one (1) mile of the portion of Interstate 10 commonly known as the Whitewater Grade (between State Highway 62 and the Whitewater River) shall be installed underground if such installation is feasible, as determined by the Director. (c) Electrical distribution lines shall be governed by the latest edition of "Suggested Practices for Raptor Protection on Powerlines" on file with the Bureau of Land Management. Use of this information should be made to design the proposed facilities with proper grounding, phase spacing and configuration such that it will prevent, to the best of the design engineer's ability, the electrocution of raptors. The use of designs other than those included in "Suggested Practices" that are, in the opinion of the Director, raptor safe, shall be permitted in public rights -of -way. The cost of such alternate designs shall be at the applicant's expense. 16. Monitoring. (a) Upon reasonable notice, and subject to the applicant's safety and security procedures, city officials or their designated representatives may enter a lot on which a conditional use permit has been granted Ordinance No. 2031 Page 19 for the purpose of monitoring noise and other environmental impacts. Twenty-four (24) hours advance notice shall be deemed reasonable notice. (b) The holder of a conditional use permit shall report to the Department all dead birds found within five hundred (500) feet of a WECS and all sightings of the Coachella Valley Fringe -Toed Lizard on the WECS site. (c) The holder of a conditional use permit may be required to submit periodic monitoring reports containing data on the operations and environmental impacts. (d) A toll -free telephone number shall be maintained for each commercial WECS project and shall be distributed to surrounding property owners to facilitate the reporting of noise irregularities and equipment malfunctions. 20. Color and Finish of WECS. All commercial WECS shall be either light environmental colors (such as off-white, gray, beige or tan) or darker fully -saturated colors (such as dark blue or green, maroon or rust red) or galvanized. All commercial WECS shall have a matte or galvanized finish unless the Director determines that such finish adversely affects the performance of the WECS or other good cause is shown to permit any other finish. SECTION 56. Amend Section 93.23.11(C) of Chapter 93.00 of the Palm Springs Municipal Code as follows: C. Application for Time-share Project Approval. An applicant for approval of a proposed time-share project shall submit a complete application on a form as prescribed by the Department, in addition to any other application information or forms that may be necessary in the particular case. SECTION 57. Amend Section 93.23.12(C)(1) of Chapter 93.00 of the Palm Springs Municipal Code as follows: CC&Rs and/or other documents satisfactory to the Director and city attorney will be recorded to ensure the long term maintenance and operation of the condominium hotel in accordance with this chapter and the terms of any permits or approvals issued for the condominium hotel and to provide notice to future purchasers of the city's right to enforce the CC&Rs and/or other documents, this chapter, and the terms of any permits or approvals issued for the condo -hotel. Ordinance No. 2031 Page 20 SECTION 58. Amend Section 93.23.12(D)(14) of Chapter 93.00 of the Palm Springs Municipal Code as follows: 14. Each condo -hotel unit owner, the owners' association, and condominium hotel manager or any other rental entity shall maintain and regularly make available to city such information, books, records, and documentation, and also shall allow reasonable access to individual units, as the city finds necessary to have or review in order to ensure that city may determine the condominium hotel's compliance with this section and other applicable city laws, regulations, project conditions, and mitigation measures. The original and every subsequent condominium hotel manager or other rental entity renting condo -hotel units shall immediately advise the Director of its name, qualifications, address, telephone number, and the name of a contact person. SECTION 59. Amend Section 93.23.17(B)(1) of Chapter 93.00 of the Palm Springs Municipal Code as follows: 1. "Affordable housing unit" means an ownership or rental dwelling unit affordable to households with extremely low, very low, low or moderate incomes as published periodically by HCD for households in Riverside County or equivalent as approved by the Director. Calculations for the required affordable housing resulting in fractional units shall be rounded up to the next whole number. SECTION 60. Amend Section 93.23.17(D)(1)(b) of Chapter 93.00 of the Palm Springs Municipal Code as follows: b. Be made on a form provided by the Department; SECTION 61. Amend Section 93.23.20(C)(1) of Chapter 93.00 of the Palm Springs Municipal Code as follows- 1. Intent to convert application. The applicant shall submit an "Intent to Convert" application to the City prior to submitting a formal conversion application. The Director shall establish the procedure and application submittal requirements, including but not limited to: SECTION 62. Amend Section 93.23.20(C)(1)(e) of Chapter 93.00 of the Palm Springs Municipal Code as follows: e. Within 15 days after submitting the Intent to Convert Application, the applicant shall post on -site signage to inform the public that an Intent to Convert application has been submitted to the City. The applicant shall install one 3-foot by 4-foot sign per street frontage and an additional sign every 300 lineal feet along such streets to the satisfaction of the Director. The sign design shall be similar to the signage required in Section Ordinance No. 2031 Page 21 94.09.00(F) of the Zoning Code, with project information, developer and city contact information and other criteria, as specified by the Director; SECTION 63. Amend Section 93.23.20(C)(2)(a) of Chapter 93.00 of the Palm Springs Municipal Code as follows: a. The applicant shall conduct a minimum of two in -person Outreach Meetings in accordance with the procedures outlined by the Director. One of these two meetings shall be conducted as a city-wide neighborhood outreach meeting in a form and format approved by the Director. Notification of these meetings shall be provided to surrounding residents (including renters/occupants and property owners) and community associations that are located within 500-feet of any boundary of the subject golf course. When a portion of a community association is within 500-feet of a boundary, the notice shall be provided to all residents and property owners within the association. Notification of these meetings shall also be provided to all Neighborhood Organizations through the Office of Neighborhood Involvement. Additionally, the applicant shall host a website that provides information on Outreach Meetings and conceptual plans at any time there is an Intent to Convert application submitted to the City. The website address shall be incorporated in the mailings notifying the residents, community members and Neighborhood Organizations of the in -person Outreach Meetings. All costs of the Outreach Meetings shall be borne exclusively by the applicant. SECTION 64. Amend Section 94.02.00(A)(2)(f) of Chapter 94.00 of the Palm Springs Municipal Code as follows: f. Commercial communications antennae, including, but not limited to, monopoles and towers that, in the determination of the Director, may have a visual impact on the surrounding area. SECTION 65. Amend Section 94.02.00(G)(1) of Chapter 94.00 of the Palm Springs Municipal Code as follows: 1. Minor revisions to a site plan approved as part of a conditional use permit may be made after review and approval by the Director pursuant to the architectural approval procedure Section 94.04.00. "Minor revisions" are defined as revisions which in no way violate the intent or any of the standards or conditions of the permit or of the zone. SECTION 66. Amend Section 94.02.01(C)(2)(a) of Chapter 94.00 of the Palm Springs Municipal Code as follows: a. Temporary parking areas, subject to conditions as determined by the Director which may require: Ordinance No. 2031 Page 22 SECTION 67. Amend Section 94.02.01(C)(2)(c) of Chapter 94.00 of the Palm Springs Municipal Code as follows: C. Temporary recreational vehicle (RV) parking, in conjunction with a convention center activity, subject to conditions below and to those determined necessary by the Director. - SECTION 68. Amend Section 94.02.01(D)(1)(c) of Chapter 94.00 of the Palm Springs Municipal Code as follows: C. Such other information as the Director may require, including but not limited to, adjacent uses, photographs, building elevations, landscape plans, design studies, etc. SECTION 69. Amend Section 94.02.01(D)(2) of Chapter 94.00 of the Palm Springs Municipal Code as follows: 2. Notice of the land use permit application may be sent, at the discretion of the Director, via electronic mail to the representative or representatives listed on the City's Neighborhood Organization web page for each neighborhood organization within one-half mile of the subject site at least ten (10) days prior to approval, approval with conditions, or denial of the application. SECTION 70. Amend Section 94.02.01(D)(3) of Chapter 94.00 of the Palm Springs Municipal Code as follows: 3. After completion of the investigation, the Director shall either approve the land use permit, subject to those conditions of approval he may deem necessary, or refer the entire matter to the planning commission for review and action. The Commission shall receive the matter at its next regularly scheduled meeting and act within 30 days. SECTION 71. Amend Section 94.02.01(D)(4) of Chapter 94.00 of the Palm Springs Municipal Code as follows: 4. Review of Planning Commission —Appeal. In any case, where the applicant or any other aggrieved party is not satisfied with the decision of the Director, he may within five (5) days of such decision, request review of such decision by the planning commission. Such request shall be made in writing to the Department. Upon receipt of such request, the Department shall schedule the matter for planning commission review, and shall forward to the planning commission for its consideration all of the documents and materials submitted with the application, together with a report of the decision of the Director and the reasons therefor. The planning commission may act upon the application as if it were the initial Ordinance No. 2031 Page 23 consideration of the application. No public hearing shall be required for such action. Any person aggrieved by the decision of the planning commission may appeal to the city council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code. SECTION 72. Amend Section 94.02.01(D)(5) of Chapter 94.00 of the Palm Springs Municipal Code as follows: 5. Revocation. a. When the conditions of a land use permit have not been or are not being complied with, the Director shall give at least then (10) days notice to the permittee(s) of intention to revoke such permit. The permittee shall be given opportunity at an office hearing to show cause why the permit should not be revoked. If good cause is not shown, the Director may revoke the permit. Such revocation may be appealed to the planning commission. b. When a land use permit has not been acted upon within one (1) year after the date of granting thereof, or in the event the use terminates or is inactive for six (6) months, then without further action by the Department, planning commission, or city council, the land use permit shall be null and void. C. Transfer of a land use permit to another applicant is subject to review and approval by the Director. SECTION 73. Amend Section 94.02.01(D)(6)(a) of Chapter 94.00 of the Palm Springs Municipal Code as follows: a. Any land use permit issued may be amended, on a showing of good cause by the Director. SECTION 74. Amend Section 94.03.00(C)(2)(a) of Chapter 94.00 of the Palm Springs Municipal Code as follows: a. Pre -application Submittal. Prior to submitting a planned development district application, the applicant shall submit a pre -application package in a form as determined by the Director. The pre -application submittal shall include the following: Scaled and dimensioned site plans in a schematic format, ii. Schematic massing diagrams and/or building elevations, showing the overall height of the project; iii. A project justification statement, as outlined in Section (3)(d); and Ordinance No. 2031 Page 24 iv. At the discretion of the Director, the applicant may be required to provide preliminary analyses and environmental studies that identify and evaluate environmental constraints on the project site. SECTION 75. Amend Section 94.03.00(G)(1)(b)(i) of Chapter 94.00 of the Palm Springs Municipal Code as follows: The applicant shall conduct at least one (1) in -person Outreach Meeting in accordance with the procedures outlined by the Director. Notification of the meeting shall be provided to surrounding residents, property owners, community associations and Neighborhood Organizations, in accordance with the notification provisions listed in PSZC Section 94.09.00(E). SECTION 76. Amend Section 94.04.00(C) of Chapter 94.00 of the Palm Springs Municipal Code as follows: C. Planning Commission Architectural Advisory Committee. There is hereby established a planning commission architectural advisory committee which shall be a committee responsible to and appointed by the planning commission. The planning commission architectural advisory committee shall consist of one planning commissioner who shall be responsible for acting as a liaison to the planning commission architectural advisory committee. The planning commission shall appoint technical advisors to assist in reviewing detailed plans pursuant to this chapter. Technical advisors shall include three California licensed architects, one California licensed landscape architect, one other design professional, and additional technical members for a total of seven members. The planning commission shall also appoint up to two alternate members to ensure adequate representation at planning commission architectural advisory committee meetings. The planning commission architectural advisory committee shall meet on a regular basis as established by resolution and shall provide written recommendations to the Director and the planning commission. The planning commission architectural advisory committee shall designate a chairman and vice-chairman. The planning commission architectural advisory committee shall be an advisory commission of the city, subject to the Brown Act, and may adopt rules and procedures by resolution. SECTION 77. Amend Section 94.04.00(E)(2) of Chapter 94.00 of the Palm Springs Municipal Code as follows: 2. Before any building or structure or landscape area described in subsection E of this section is erected, constructed, altered, moved, remodeled or repainted a color different than that existing, an application for architectural approval shall be submitted to the Department. An application for new construction and additions shall include a preliminary landscape plan and drawings showing the exterior elevation of sides of a proposed building or Ordinance No. 2031 Page 25 structure, the types of materials and colors to be used, and the signs to be displayed. The Director may authorize staff approval of minor architectural approval applications, non -hillside single-family homes, and sign programs and permits. Review and approval is as follows: a. Staff -Level Approvals. Minor architectural applications which are acted upon by the Director, or designee, shall include the following: i. Additions to single-family residential structures which do not increase the existing floor area by more than forty percent (40%); ii. Additions to multifamily, commercial, and industrial structures which do not increase the existing floor area by more than twenty-five percent (25%); iii. Agricultural structures in the E-1 and M-2 zones; iv. Cannabis Facilities in the Cannabis Overlay Zone, V. Entry features; vi. Exterior lighting plans; vii. Landscaping plans; viii. Minor grading plans; ix. Repaints; X. Reroofs; A. Sign programs; xii. Signs; and xiii. Walls and fences. 2. The Director may consult with the planning commission architectural advisory committee in review of minor architectural applications, or refer the entire matter to the planning commission for review and action. The commission shall receive the matter at its next regularly scheduled meeting and act within 30 days. b. Staff Action Appeals. The action of the Director shall be final unless appealed to the planning commission within ten (10) working days. The appeal shall be in writing and, upon receipt and filing of appropriate appeal fee, the Director shall schedule the item at the next regular meeting of the planning commission. The action of the planning commission shall be final unless appealed to the city council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code. C. Planning Commission Approvals. All other projects subject to this section shall be subject to planning commission review and approval after review by the planning commission architectural advisory committee without the need for Ordinance No. 2031 Page 26 appeal. Architectural applications may be placed on the planning commission consent calendar unless other discretionary actions are required. SECTION 78. Amend Section 94.04.00(E)(3) of Chapter 94.00 of the Palm Springs Municipal Code as follows: 3. The planning commission architectural advisory committee shall recommend approval, conditional approval, or denial to the Director or planning commission. Applications shall be reviewed by the planning commission architectural advisory committee at the earliest stages of application review. SECTION 79. Amend Section 94.04.00(E)(6) of Chapter 94.00 of the Palm Springs Municipal Code as follows: 6. Before an occupancy permit is issued, there must be full compliance with all requirements and conditions as approved by the city council, planning commission, planning commission architectural advisory committee, development committee or the Director, City Engineer, and/or the Building Official. If for any valid reason full compliance cannot be made, a cash bond shall be posted for the work to be completed within a reasonable period of time as determined by the director of planning services, public works director, and/or building and safety manager. SECTION 80. Amend Section 94.04.00(E)(8) of Chapter 94.00 of the Palm Springs Municipal Code as follows: 8. Properties subject to architectural approval shall be maintained in a good, first-class condition consistent with the approval of the planning commission, planning commission architectural advisory committee, or the Director. Such maintenance shall include, but not be limited to, the exterior of the building and grounds, including landscaping, parking and walking areas, exterior lighting and signing and all other features reviewed by the commission or the Director. The Director may, in appropriate circumstances, require the recordation of enforceable covenants containing maintenance requirements. Failure to maintain such property consistent with such standards shall constitute a public nuisance. SECTION 81. Amend Section 94.05.05(A) of Chapter 94.00 of the Palm Springs Municipal Code as follows: A. Upon determination that the provisions of this chapter apply to a given parcel of land, the Director, or their designee shall send a notice thereof by certified mail to the owner thereof as shown on the last equalized assessment roll and shall cause such notice to be published at least once in a newspaper of general circulation. Ordinance No. 2031 Page 27 SECTION 82. Amend Section 94.06.00(A)(2) of Chapter 94.00 of the Palm Springs Municipal Code as follows: 2. All business matters before the commission shall be administered by the Director or their authorized representative. SECTION 83. Amend Section 94.07.00(B)(1)(c) of Chapter 94.00 of the Palm Springs Municipal Code as follows: C. By Application. All applications for amendment or change of zone shall be signed by the owner of the property in question or the owner's authorized representative. Where the authorized representative is the signatory, his or her authorization to represent the owner shall be in written form signed by the owner. The application shall be on forms provided by the Department and shall be full and complete and shall include such data and information as may be prescribed by the planning commission to assist in determining the validity of the request and the manner in which it meets the considerations set forth in Section 94.07.00. An incomplete application shall not be accepted for filing. ii. When a complete application is accepted by the Department, the Director or their designee, shall check the property owners list and map against their records and shall verify in writing the accuracy and completeness of the list as so checked. SECTION 84. Amend Section 94.07.01(A)(1)(c) of Chapter 94.00 of the Palm Springs Municipal Code as follows: C. The Director may initiate proceedings by written action, submitted to the Planning Commission for public hearing pursuant to the provisions of this Subsection. SECTION 85. Amend Section 94.08.00(A)(2)(a) of Chapter 94.00 of the Palm Springs Municipal Code as follows: a. The Director or their authorized representative (director) shall prescribe the form of each application, notice and documents provided for or required under these regulations for the preparation and implementation of development agreements. SECTION 86. Amend Section 94.09.00(E)(2)(h) of Chapter 94.00 of the Palm Springs Municipal Code as follows: h. The Director or his/her designee shall check the submitted list and map against city records and shall verify the accuracy and completeness of said list as so checked. Ordinance No. 2031 Page 28 SECTION 87. Amend Section 94.09.00(E)(7) of Chapter 94.00 of the Palm Springs Municipal Code as follows: 7. Additional Notice. The Director may require additional notice of the hearing by expanding the area of notification or using other means of notification or both. SECTION 88. 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 89. With the concurrence of the City Attorney, the City Clerk is hereby authorized to make such minor, technical and clarifying changes to this Ordinance as may be deemed necessary and appropriate. SECTION 90. 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 relates to organizational or administrative activities of government that 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. As projects are submitted and reviewed for compliance with this ordinance, the City will conduct CEQA review as required by law. SECTION 91. 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 24TH DAY OF SEPTEMBER, 2020. AT EST: THONY J. JIA MM CITY CLER Ordinance No. 2031 Page 29 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. 2031 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on September 10, 2020, and adopted at a regular meeting of the City Council held on September 24, 2020 by the following vote: AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tem Holstege, and Mayor Ko rs 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 q0^ day of , �'C,40.