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HomeMy WebLinkAbout1992ORDINANCE NO. 1992 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS ZONE CODE SECTION 93.23.07 FOR THE DEVELOPMENT STANDARDS FOR COMMERCIAL WIND ENERGY CONVERSION SYSTEMS (WECS) RELATIVE TO TOWER HEIGHTS AND ADJUSTMENTS TO SETBACKS (CASE 5.4169 ZTA). City Attorney's Summary This Ordinance is intended to facilitate the repowering of commercial wind energy conversion systems (WECS) to take account of energy efficiencies. The Ordinance increases the maximum height of WECS from 300 to 500 feet and the maximum height of meteorological towers from 200 to 330 feet. It also adjusts certain setback requirements, and provides standards for replacement and repair of existing equipment. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. The Sustainability Commission of the City of Palm Springs, by unanimous vote at its meeting of February 19, 2019, approved the draft amendments to the wind energy conversion systems ordinance to facilitate the repowering of wind energy conversion systems to take account of energy efficiencies and recommended that the City forward the draft ordinance to the Planning Commission for consideration. B. Notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.4169 ZTA was given in accordance with applicable law. C. On March 13, 2019, a public hearing on the proposed Zone Text Amendment was held by the Planning Commission in accordance with applicable law, at which meeting the Planning Commission voted 6-0-1 to recommend approval of the proposed ordinance. D. On April 17, 2019, the City Council held a noticed public hearing on the proposed Zone Text Amendment in accordance with applicable law, and continued the public hearing to May 22, 2019, and June 5, 2019 accordingly. E. The proposed Zone Text Amendment 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. Certain structures and projects allowable under this proposed Zone Text Amendment Ordinance No. 1992 Page 2 would require an environmental evaluation under the California Environmental Quality Act (CEQA) at the time an application is filed for such development. F. The City Council has carefully reviewed and considered all the evidence presented in connection with the hearing on the Zone Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented. G. The City Council finds that approval of the proposed Zone Text Amendment would: Facilitate the repowering of commercial wind energy conversion systems to take account of energy efficiencies since the existing systems were first installed: 2. Assist in meeting the State of California's goal to get 100 percent of its electricity from carbon -free energy sources like solar, wind and geothermal by 2045 in accordance with SIB 100; 3. Implement the following goals of the General Plan: • Facilitate the orderly and efficient development of wind energy resources and regulate their location, operation, and management; • Support and encourage the use of alternative energy sources such as wind; • Encourage "green technologies," renewable energy, and related activities as a business development goal and to attract this type of business activity to Palm Springs; • Establish minimum setback requirements from residential areas for commercial wind energy conversion systems. 4. Implement the following goals of the Sustainability Plan: • Help to create 500 clean tech jobs by 2020; • Train and grow the City's green workforce; • Supply 50% of all energy from renewable sources by 2030; • Be a regional leader. Ordinance No. 1992 Page 3 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance. SECTION 2. Section 93.23.07 of the Palm Springs Zoning Code is amended to read as follows: 93.23.07 Commercial Wind Energy Conversion Systems (WECS). A. Purposes. A conditional use permit for a commercial wind energy conversion system (WECS) is intended to regulate and provide for the installation of commercial WECS which are made feasible by the strong prevailing winds within certain areas of the city designated by the general plan. The conditions of the permit are meant to ensure that a safe and beneficial environment, for both the WECS development and the adjacent properties, is provided. B. Applicability. Commercial WECS or WECS arrays, and all other uses listed in subsection (C) of this section, are permitted in the following zone classifications; provided, the general plan designates the lot within the wind energy overlay and a conditional use permit is granted pursuant to this section: 1. Watercourse zone (W); 2. Open land zone (0-5); 3. Energy industrial zone (E-1); 4. Manufacturing zone (M-2). C. Uses Permitted With a Conditional Use Permit. 1. Commercial WECS and WECS arrays with no limit as to rated power output; 2. Meteorological towers, limited to three -hundred thirty (330) feet in height or the hub height of the WECS tower, whichever is greater; 3. Accessory Uses. Parcels may be used for accessory uses; provided, such uses are established on the same parcel of land, are incidental or supplemental, to a Ordinance No. 1992 Page 4 permitted use, and do not substantially alter the character of any permitted use. Accessory uses include, but are not limited to: (a) Storage of trucks and other vehicles; (b) Storage of materials, inventory, tools and machinery; (c) Offices and maintenance shop structures; (d) Caretaker dwellings; provided, no compensation is received for the use of any such dwelling and the size of such dwelling is no greater than two thousand (2000) square feet; (e) Overhead and underground transmission and communications lines and facilities, including transformers, substations, control rooms, switching facilities and microwave towers; (f) Structures necessary for the conservation and development of water resources, such as dams, pipelines and pumping facilities, and aquaculture; (g) Cogeneration facilities; (h) Solar collectors and photovoltaic panels; (i) Energy storage facilities; (j) Natural gas -fueled generation facilities. 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 of planning and building 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: 1. Name and address of the applicant; 2. Evidence that the applicant is the owner of the property involved or has written permission of the owner to make such application; 3. A plot plan and development plan drawn in sufficient detail to clearly describe the following: Ordinance No. 1992 Page 5 (a) Physical dimensions of the property, (b) Location and physical dimensions of existing and proposed structures, (c) Location of electrical lines and facilities, (d) Existing topography, (e) Proposed grading and removal of natural vegetation, (f) Wind characteristics and dominant wind direction at the site. Dominant wind direction is the direction from which fifty (50) percent or more of the energy contained in the wind flows, (g) Setbacks, (h) Circulation, (i) Ingress and egress, (j) Utilization of the property under the requested permit; 4. Utility interconnection data and a copy of written notification to the utility of the proposed interconnection; 5. A photograph or detailed drawing of each model of WECS including the tower and foundation; and one (1) or more detailed perspective drawings showing the site fully -developed with all proposed WECS and accessory structures; 6. Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of each model of WECS; 7. Specific information on the type, height, material and safety of each model of tower; 8. A site preparation and installation schedule; 9. A geotechnical report; 10. A vicinity map or aerial photograph describing the location, including distances from existing and proposed WECS, of all residences and other structures which are within one (1) mile of any property proposed for WECS installation; Ordinance No. 1992 Page 6 11. Drawings which show phase spacings, configurations and grounding practices of any proposed electrical distribution lines; 12. An application including any WECS which is located within twenty thousand (20,000) feet of the runway of any airport shall be accompanied by a copy of written notification to the Federal Aviation Administration; 13. If the application includes any WECS which requires the approval of a height limit greater than that allowed in Subsection (E,1,a) (500 feet) of this section, a variance application, pursuant to Section 94.06.00 of the Zoning Code, shall be filed concurrently; 14. An application including any WECS with a rated power output of one hundred (100) kw or larger which is located within a state -designated Alquist-Priolo Act Special Study Zone shall be accompanied by a detailed fault hazard report prepared by a California registered geologist which shall address the potential for rotor tower failure calculated for the vertical and horizontal accelerations reasonably expected on the site in the event of a design earthquake; 15. An application including any WECS which is located within two (2) miles of any microwave communications link shall be accompanied by a copy of a written notification to the operator of the link or evidence that no WECS are located in the microwave path; 16. An application including any WECS which is located within a 100-year floodplain area, as such flood hazard areas are shown on the zoning map, shall be accompanied by a detailed report which shall address the potential for wind erosion, water erosion, sedimentation and flooding, and such report(s) shall propose mitigation measures for such impacts to the extent that such impacts are caused by the proposed WECS; 17. Such additional information as shall be reasonably required by the director of planning and building. E. Standard and Development Criteria. Height Limits. (a) No commercial WECS shall exceed five hundred (500) feet in height, measured at the top of the blade in the "twelve o'clock position." Where unusual conditions warrant, a lower height limit may be imposed as a condition of a conditional use permit. Ordinance No. 1992 Page 7 (b) No other building or structure shall exceed thirty (30) feet in height, except for meteorological towers permitted by Subsection (C,2) of this section. 2. Setbacks. All commercial WECS shall meet these general setback requirements as well as the other setbacks set forth below. (a) No building or structure shall be located closer than fifty (50) feet from any lot line. (b) No WECS shall be located closer than one thousand two hundred (1,200) feet from any residence, hotel, hospital, school, library or convalescent home unless the owner of such structure waives, in writing, the setback requirement. (c) Notwithstanding the one thousand two hundred (1,200) foot setback requirement specified in subsection (E,2) ("Setbacks") of this section, a lesser setback may be permitted where due to factors of topography or the characteristics of the proposed WECS project, the approving entity finds that the noise, aesthetic or other environmental impacts of the project on adjacent properties will not be any more significant than if the one thousand two hundred (1,200) foot setback were applied. In the case of the replacement of WECS, pursuant to subsection (F,3) ("Replacement") of this section, the standard for determining whether a reduction shall be approved is whether the replacement WECS will have a substantially reduced cumulative impact on surrounding property, as compared to the existing project, and whether adhering to the one thousand two hundred (1,200) foot setback will be an unreasonable economic hardship to the applicant. Wherever a setback reduction is proposed pursuant to this subsection, the setback reduction shall be included in all notices, and, if the WECS permit shall specifically state the required setback. 3. Safety Setbacks. (a) No commercial WECS shall be located where the center of the tower is within a distance of 1.1 times the total WECS height from any above -ground electrical transmission line of more than twelve (12) kV. (b) No commercial WECS shall be located where the center of the tower is within a distance of 1.1 times the total WECS height from any public highway or road, railroad or off -site building. The setback Ordinance No. 1992 Page 8 herein specified shall be measured from the boundary of the public right-of-way or railroad right-of-way. (c) No commercial WECS shall be located where the center of the tower is within a distance of 1.1 times the total WECS height from any lot line. No commercial WECS shall be located where the center of the tower is within five hundred (500) feet or 1.1 times the total WECS height from any lot line of a lot which contains a dwelling, whichever is greater. (d) Notwithstanding the provisions of subsections (E,3,b) and (E,3,c) ("Safety Setbacks") of this section, the setbacks therein specified may be reduced to less than 1.1 times the total WECS height if the planning commission determines that the topography of, or other conditions related to, the adjacent property or right-of-way eliminates or substantially reduces the potential safety hazards. Whenever a setback reduction is proposed pursuant to this subsection, the setback reduction shall be included in all notices regarding the conditional use permit, and, if granted, the conditional use permit shall specifically state the required setback. 4. Wind Access Setbacks. (a) No commercial WECS shall be located where the center of the tower is within a distance of five (5) rotor diameters from a lot line that is perpendicular to and downwind of, or within forty-five (45) degrees of perpendicular to and downwind of, the dominant wind direction. (b) Notwithstanding the provisions of subsection (4,a) (Wind access setbacks) of this section, such setbacks from lot lines do not apply if the application is accompanied by a legally enforceable agreement or waiver for a period of twenty-five (25) years or the life of the permit that the adjacent landowner agrees to the elimination of the setback, or if the planning commission determines that the characteristics of the downwind property eliminate the ability to develop said downwind property with commercial WECS. 5. Scenic Setbacks. (a) No commercial WECS shall be located where the center of the tower is within one thousand three hundred fifteen (1,315) feet (one -quarter (1/4) mile) of State Highway 62 and of that portion of Interstate 10 between State Highway 62 and the Whitewater River, commonly known as the Whitewater Grade. Ordinance No. 1992 Page 9 (b) No commercial WECS shall be located where the center of the tower is within five hundred (500) feet of Indian Canyon Drive/Indian Avenue. (c) No commercial WECS shall be located where the center of the tower is within five hundred (500) feet of Interstate 10, except as specified in subsection (5,a) ("Scenic Setbacks") of this section. (d) No commercial WECS shall be located where the center of the tower is within three thousand four hundred seventy-two (3,472) feet (two- thirds (2/3) mile) of State Highway 111. (e) No commercial WECS shall be permitted south of State Highway 111. (f) No commercial WECS shall be located where the center of the tower is within 1.1 times the total WECS height from Dillon Road. (g) The setbacks specified in the subsections above shall be measured from the nearest boundary of the public right-of-way. (h) Notwithstanding the provisions of the subsections (5) ("Scenic Setbacks") of this section, the setbacks therein specified may be reduced if the planning commission determines that the characteristics of the surrounding property eliminate or substantially reduce considerations of scenic value. Whenever a setback reduction is proposed pursuant to this subsection, the setback reduction shall be included in all notices regarding the conditional use permit, and, if granted, the conditional use permit shall specifically state the required setback. 6. Safety and Security. (a) Fencing, or other appropriate measures, shall be required to prevent unauthorized access to the WECS or WECS array. (b) Guy wires shall be distinctly marked. (c) Signs in English and Spanish warning of the electrical and other hazards associated with the WECS shall be posted at the base of each tower and at reasonable intervals on fences or barriers. (d) Horizontal -axis WECS. The lowest extension of the rotor of a horizontal -axis WECS shall be at least twenty-five (25) feet from the ground. Ordinance No. 1992 Page 10 (e) Vertical -axis WECS. A fence or other barrier shall be erected around a vertical -axis WECS whose rotors are less than fifteen (15) feet from the ground. 7. Seismic Safety. (a) All WECS shall comply with the requirements of the applicable seismic zone of the Uniform Building Code or with the seismic design recommendation in an approved geotechnical report on the project. (b) Control facilities for commercial WECS or WECS arrays shall not be located within six hundred sixty (660) feet of any fault within a state - designated Alquist-Priolo Act Special Studies Zone. 8. Fire Protection. Upon recommendation of the city fire department, commercial WECS and WECS arrays may include fire control and prevention measures including, but not limited to, the following: (a) Fireproof or fire-resistant building materials; (b) Buffers of fire -retardant landscaping; (c) An automatic fire -extinguishing system; (d) Fire breaks. 9. Interconnection and Electrical Distribution Facilities. Interconnection shall conform to procedures and standards established by the California Public Utilities Commission. 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 of planning and building, or other Ordinance No. 1992 Page 11 appropriate form of security, in a form approved by the city attorney, may be required to cover the cost of removal and site restoration. (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 of planning and building 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. 11. Interference with Navigational Systems. No commercial WECS shall be installed which do not comply with Federal Aviation Administration regulations for siting structures near an airport or VORTAC installation. 12. Site Disruption. Prior to the issuance of building permits for a commercial WECS development, all areas where significant site disruption is proposed shall be temporarily marked off. All construction activities shall be limited to the areas marked off. 13. Certification. (a) The foundation, tower and compatibility of the tower with the rotor and rotor -related equipment shall be certified in writing by a structural engineer registered in California that they conform with good engineering practices and comply with the appropriate provisions of the Uniform Building Code that have been adopted by the city. (b) The electrical system shall be certified in writing by an electrical engineer, registered in California, that it conforms with good engineering practices and complies with appropriate provisions of the National Electrical Code that have been adopted by the city. Ordinance No. 1992 Page 12 (c) The rotor overspeed control system shall be certified in writing by a mechanical engineer, registered in any state, that it conforms to good engineering practices. 14. Noise. A commercial WECS or WECS array shall not be operated inconsistent with the provisions of Chapter 11.74, (Noise ordinance) of the Palm Springs Municipal Code. 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 of planning and building. (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 of planning and building, 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 forthe purpose of monitoring noise and other environmental impacts. Twenty-four (24) hours advance notice shall be deemed reasonable notice. Ordinance No. 1992 Page 13 (b) The holder of a conditional use permit shall report to the city department of planning and building 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. 17. Time -Related Conditions. Where no operating data for the proposed turbines is available, the granting of a conditional use permit may be conditioned upon the installation and operation of one (1) or more WECS for a period not to exceed six (6) months in order to demonstrate performance characteristics of the WECS. If such a monitoring condition is imposed, the permit shall specify the standards which must be met in order to continue development. If a standard is not being met at the expiration of the required monitoring period, the applicant and the city may agree to an extension. The time within which the permit must be used shall be extended for the period of required monitoring. 18. Development Impacts. A one-time or periodic fee and a requirement to provide public works or services may be imposed as a condition of a conditional use permit. Such exactions must be related to the public need created by the wind energy development. The purposes for which the permit exaction may be used include, but are not limited to, providing roads required by the wind development and establishing and operating a monitoring system. 19. Signs. No advertising sign or logo shall be placed or painted on any commercial WECS. Unless otherwise approved by the planning commission, the conditional use permit may permit the placement of no more than one (1) project identification sign relating to the development on the project site, but no such sign shall exceed fifty (50) square feet in surface area or eight (8) feet in height. 20. Color and Finish of WECS. Ordinance No. 1992 Page 14 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 of planning determines that such finish adversely affects the performance of the WECS or other good cause is shown to permit any other finish. 21. Contingent Approval. A commercial WECS may be granted subject to necessary approvals from the Federal Aviation Administration or other approving authorities. 22. General Conditions. The city may impose conditions on the granting of a conditional use permit in order to achieve the purposes of this Zoning Code and the general plan and to protect the health, safety or general welfare of the community. 23. Notification. Upon approval of a conditional use permit, the city shall provide written notice to the California Public Utilities Commission, the California Energy Commission and the concerned utility. F. Use of Permit. Any conditional use permit that is granted shall be used within two (2) years from the effective date thereof or within such additional time as may be set in the conditions or approval, which shall not exceed a total of four (4) years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than four (4) years, the permittee may, prior to its expiration, request an extension of time pursuant to Section 94.12.00 in which to use the permit. An extension of time may be granted by the commission upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time period allowed for use of the permit shall not exceed a period of four (4) years, calculated from the effective date of the issuance of the permit. The term "use" shall mean the beginning of substantial construction or commencement of the use that is authorized, which construction must thereafter be pursued diligently to completion. 2. Life of Permit. A conditional use permit shall be valid for the useful life of the WECS included in the permit. The life of the permit shall be determined at the time of approval and shall not exceed thirty (30) years. Ordinance No. 1992 Page 15 3. Replacement. (a) Individual commercial WECS which have been installed pursuant to a conditional use, or other WECS, permit may be replaced with approval of a land use permit provided the replacement WECS meets all of the following: (i) The replacement blade length does not increase or decrease by more than 30%; and (ii) The overall height of the individual commercial WECS remains at three hundred (300) feet or less; and (iii) The individual commercial WECS remains in conformance with the other standards listed in subsection (E) of this section. Such determination shall be made by the Director according to Section 94.02.01 (Land use permits). (b) WECS arrays which have been installed pursuant to a conditional use, or other WECS, permit may be replaced with approval of a land use permit; provided, two (2) or more individual WECS shall be removed for each replacement WECS installed and the replacement WECS array meets all of the following: (i) The replacement blade length for each individual commercial WECS does not increase or decrease by more than 30%; and (ii) The overall height of each individual commercial WECS remains at three hundred (300) feet or less; and (iii) The individual commercial WECS remains in conformance with the other standards listed in subsection (E) of this section. Such determination shall be made by the Director according to Section 94.02.01 (Land use permits). (c) WECS replacements not meeting the criteria above require approval of a subsequent conditional use permit. (d) Any WECS on which the cost of alteration, restoration, repair or rebuilding in a twelve (12) month period exceeds seventy-five (75) percent of the replacement cost and shall be subject to subsections (E,3,a) through (E,3,c) ("Safety Setbacks") of this section. Ordinance No. 1992 Page 16 (e) Existing WECS, upon adoption of this section, shall be considered to hold a valid conditional use permit under the conditions by which such WECS was originally approved; such WECS shall not be considered nonconforming by virtue of the provisions of this section. G. Revocation or Voiding of Conditional Use Permit. 1. The council, with or without a recommendation from the planning commission, may, after notice and public hearing, revoke any conditional use permit for noncompliance with any of the conditions set forth in granting the permit. 2. Notice. (a) Notice shall be mailed to the record owner and lessee of the subject property not less than twenty (20) days prior to holding a public hearing. Such notice shall state the complaint and shall request appearance of such owner and lessee at the time and place specified for the hearing to show cause why the permit should not be revoked. (b) Notification of property owners shall be given as provided in Section 94.02.00(B)(4). 3. Within ten (10) days after the public hearing, the council may by resolution, revoke or modify the conditional use permit. After revocation, the subject property shall conform to all regulations of the zone in which it is located according to a time schedule determined by the city council. 4. If the time limit for development expires and development has not commenced, or the use permitted by the conditional use permit does not exist or commenced, the conditional use permit shall be considered void. No notice need be given nor hearing held. An extension of time may be approved pursuant to the requirements of Section 94.12.00. 5. Termination of a use granted herein for a period of one (1) calendar year Shall terminate the use rights granted without further notice or public hearing. An extension of the time limit may be approved by the planning commission, or the city council, upon written request by the applicant and a showing of good cause. H. Reapplication. Application may not be made for a similar conditional use permit on the same land, building or structure within a period of six (6) months from the date of the final decision on such previous application unless such decision is a denial without prejudice. Ordinance No. 1992 Page 17 Existing Permits. Any conditional use permit granted pursuant to any zoning ordinance enacted prior to the effective date of this Zoning Code shall be construed to be a conditional use permit under this Zoning Code subject to all conditions imposed in such permit. Such permit may, however, be revoked or voided as provided in Section 94.02.00(I) above. SECTION 3. 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 4. The proposed Zone Text Amendment 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 5. 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 19th DAY OF JUNE, 2019— ROBERT"IMOON, MAYOR ATTEST: AWTOONY J. EJI , CITY CLERK Ordinance No. 1992 Page 18 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS) CERTIFICATION SS. I, Anthony Mejia, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1992 is a full, true, and correct copy, and introduced by the City Council at a regular meeting held on 5th day of June, 2019, and adopted at a regular meeting of the City Council held on the 19th day of June, 2019 by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and Mayor Moon 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 3 � `3 day of 2s3 +� _- 7 ) a,' - THONY P. M C CITY CLEW