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CITY COUNCIL STAFF REPORT
DATE: JANUARY 27, 2022 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2056 OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING PALM SPRINGS ZONING CODE CHAPTER 92 AND
CHAPTER 93 RELATIVE TO THE DEVELOPMENT STANDARDS FOR
THE M-2 (MANUFACTURING) AND E-I (ENERGY INDUSTRIAL) ZONES
(CASE 5.1547 ZTA)
FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:
This is the second reading of an ordinance to amend Chapters 92 and 93 of the Palm
Springs Zoning Code (PSZC) relative to the development standards for the M-2
(Manufacturing) and E-I (Energy Industrial) zone districts. The City Council approved the
proposed amendment at first reading on January 13, 2022, with minor revisions.
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance
No. 2056, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS ZONING CODE SECTION
CHAPTERS 92 AND 93 RELATIVE TO THE DEVELOPMENT STANDARDS FOR THE
M-2 (MANUFACTURING) AND E-I (ENERGY INDUSTRIAL) ZONES.”
STAFF ANALYSIS:
On January 13, 2022, Ordinance No. 2056 was introduced for first reading, as noted
below:
ACTION: Waive reading of the ordinance text in its entirety, read by title only, and
introduce for first reading Ordinance No. 2056, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM
SPRINGS ZONING CODE SECTION CHAPTERS 92 AND 93 RELATIVE TO THE
DEVELOPMENT STANDARDS FOR THE M-2 (MANUFACTURING) AND E-I
(ENERGY INDUSTRIAL) ZONES.”
AYES: Councilmembers Holstege, Kors, Woods, Mayor Pro Tem Garner,
Mayor Middleton
Item 1D - 1
NOES: None
ABSENT: None
The City Council voted to introduce Ordinance No. 2056, subject to the following minor
revisions:
• Limit the height of buildings over 40 feet in the M-2 (Manufacturing) zone to a
portion of the zone district area based on environmental concerns.
• Limit the height of buildings over 30 feet in the E-I (Energy Industrial) zone to a
portion of the zone district area based on environmental concerns.
• Modify the parking requirements to allow for the approval of a Parking Specific
Plan where operations may warrant an alternative parking requirement.
The ordinance has been amended to include these items as directed by the City Council.
This report provides for the City Council to waive further reading and adopt the ordinance.
The ordinance shall be effective 30 days from adoption, or as may be otherwise
implemented by direction of the City Council.
REVIEWED BY:
Department Director: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Ordinance No. 2056 (amended)
Item 1D - 2
ORDINANCE NO. 2056
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING PALM SPRINGS ZONING CODE
SECTION CHAPTERS 92 AND 93 RELATIVE TO
THE DEVELOPMENT STANDARDS FOR THE M-2
(MANUFACTURING) AND E-I (ENERGY
INDUSTRIAL) ZONES.
City Attorney’s Summary
This Ordinance amends the Palm Springs Zoning
Code to make minor revisions to the development
standards for the M-2 (Manufacturing) and E-I (Energy
Industrial) zone districts to facilitate development of
warehouse/fulfillment centers.
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. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code
(PSZC), the Director of Planning Services is authorized to initiate proceedings and
recommend amendments to the Zoning Code; and
D. On November 17, 2021, the Planning Commission conducted a duly
noticed public hearing to consider Case No. 5.1547 ZTA, an ordinance amending
the Zoning Code relative to the development standards of the M-2 (Manufacturing)
and E-I (Energy Industrial) zones (the “Zoning Text Amendment”) and, by a 4-3
vote, tabled the proposed amendment and directed staff to make revisions to the
Zoning Text Amendment and reschedule the item for a future hearing; and
E. Pursuant to Palm Springs Municipal Code Section 2.06.030,
members of the City Council filed notice with the City Clerk within 15 days of the
Planning Commission action, requesting to review the decision of the Planning
Commission to table Case 5.1547 ZTA; and
Item 1D - 3
F. Notice of a public hearing of the City Council of the City of Palm
Springs to consider the Zoning Text Amendment was given in accordance with
applicable law; and
J. On January 13, 2022, a duly noticed public hearing on the proposed
Zoning Text Amendment was held by the City Council in accordance with
applicable law where, by a 5 to 0 vote, the City Council adopted the Zoning Text
Amendment; and
K. 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 Zoning Text Amendment will not result in a direct or reasonably
foreseeable indirect physical change in the environment and is not a “project” as
that term is defined in Section 15378 of the State CEQA Guidelines. Furthermore,
the proposed ordinance contemplates minor modifications to certain development
standards but does not add to the list of permissible uses or allow significant
increases in the scope or scale of development than is otherwise currently
permitted. As projects are submitted and reviewed for compliance with this Zoning
Text Amendment, the City will conduct CEQA review as required by law; and
L. The City Council has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the Zoning Text
Amendment, including, but not limited to, the staff report, and all written and oral
testimony presented; and
M. The City Council hereby finds that approval of the proposed Zoning
Text Amendment would:
1. Attract high-quality industrial development in accordance with Goal
LU4 of the General Plan;
2. Promote opportunities for expansion of industrial uses within the City
pursuant to Policy LU3.2 of the Land Use Element; and
3. Facilitate the development of industrial uses that co-exist with wind
energy facilities, in accordance with the Land Use Element of the
General Plan.
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.
Item 1D - 4
SECTION 2. Rescind and replace Section 92.17.1.00 of Chapter 92 of the
Palm Springs Zoning Code as follows:
92.17.1.00 “M-2” Manufacturing Zone.
The “M-2” manufacturing zone is intended to provide for the development
of warehouse and distribution centers, and industrial uses which include
fabrication, manufacturing, assembly or processing which do not in their
maintenance, assembly, manufacture or plant operation create by-products
which will adversely affect the resort-open space environment of the city.
SECTION 3. Add the following permitted use to Section 92.17.1.01(A) of
Chapter 92 of the Palm Springs Zoning Code as follows:
11. Wholesale, warehouse, distribution, fulfillment, and import/export
centers.
SECTION 4. Rescind and replace Section 92.17.1.03(C) of Chapter 92 of
the Palm Springs Zoning Code as follows:
C. Building Height.
1. Buildings and structures shall have a height not greater than thirty
(30) feet. Buildings taller than thirty (30) feet may be permitted
pursuant to Section C(2) below.
2. Exceptions.
a. Permitted Projections Above Building Height Limit. The
provisions of Section 93.03.00 shall apply.
b. Buildings of up to sixty (60) feet in height may be permitted,
provided that: (1) the building is located on a parcel of not less
than one (1) acre in size; and (2) the building or any portion
thereof is set back one (1) foot from any property line for every
one (1) foot of vertical height.
c. Buildings of up to ninety-five (95) feet in height may be
permitted, provided that: (1) the building is located on a parcel
of not less than five (5) acres in size; and (2) the building or
any portion thereof is set back one (1) foot from any property
line for every one (1) foot of vertical height.
d. Any buildings over forty (40) feet in height shall only be
permitted within the area bounded by 18th Avenue on the
north, Indian Canyon Drive on the east, 19th Avenue on the
Item 1D - 5
south, and the western boundary of the zone district on the
west.
e. The provisions of Section 93.04.00 shall not apply to buildings
in the M-2 (Manufacturing) zone.
SECTION 5. Rescind and replace Section 92.17.1.03(D)(2) of Chapter 92
of the Palm Springs Zoning Code as follows:
2. Front Yard. No building shall be erected closer than twenty-five (25)
feet from the front property line. Parking bays, on local or collector
streets only, shall be permitted within the front yard or street side
yard; provided, the entire parking bay is located on private property.
Not less than fifteen (15) percent of such yard shall be landscaped
and maintained.
SECTION 6. Rescind and replace Section 92.17.2.00 of Chapter 92 of the
Palm Springs Zoning Code as follows:
92.17.2.00 “E-I” Energy Industrial Zone
The “E-I” energy industrial zone is intended to provide areas for alternative
energy development, industrial development, and cultivation uses. By
virtue of strong prevailing winds, the E-I zone is ideally suited for large-scale
development of wind energy facilities. Additionally, due to the E-I zone’s
location north of Interstate 10 and isolation from the resort areas of the city,
land in the E-I zone is ideally suited for manufacturing, assembly, cultivation
and distribution of products and fulfillment activities, all of which are
compatible with the goal of enhancing the city’s economic base. No
industrial use shall be permitted, which by the nature of its development or
operation, will adversely affect the resort environment of the city.
SECTION 7. Rescind and replace Section 92.17.2.01(A)(6) of Chapter 92
of the Palm Springs Zoning Code as follows:
6. Wholesale, warehouse, distribution, fulfillment, and import/export
centers;
SECTION 8. Rescind and replace Section 92.17.2.03(C) of Chapter 92 of
the Palm Springs Zoning Code as follows:
C. Height Limits.
1. Buildings and structures shall have a height not greater than thirty
(30) feet. Buildings taller than thirty (30) feet may be permitted
pursuant to Section C(2) below.
Item 1D - 6
2. Exceptions.
a. Permitted Projections Above Building Height Limit. The
provisions of Section 93.03.00 shall apply.
b. Buildings of up to sixty (60) feet in height may be permitted,
provided that: (1) the building is located on a parcel of not less
than one (1) acre in size; and (2) the building or any portion
thereof is set back one (1) foot from any property line for every
one (1) foot of vertical height.
c. Buildings of up to ninety-five (95) feet in height may be
permitted, provided that: (1) the building is located on a parcel
of not less than five (5) acres in size; and (2) the building or
any portion thereof is set back one (1) foot from any property
line for every one (1) foot of vertical height.
d. Any buildings over thirty (30) feet in height shall only be
permitted within the area bounded by Dillon Road on the
north, the eastern boundary of the zone district on the east,
19th Avenue on the south, and the Karen Avenue right-of-way
on the west.
e. The provisions of Section 93.04.00 shall not apply to buildings
in the E-I (Energy Industrial) zone.
3. WECS shall be subject to the requirements and standards contained
in Section 93.23.07.
SECTION 9. Rescind and replace Section 92.17.2.03(D) of Chapter 92 of
the Palm Springs Zoning Code as follows:
D. Yards.
1. General Provisions. Section 93.01.00 shall apply.
2. Energy Uses.
a. The minimum setback from any property line shall be fifty (50)
feet.
b. The setback for WECS shall be determined by the provisions
of Section 93.23.07.
3. Other Uses.
Item 1D - 7
a. No building shall be erected closer than twenty-five (25) feet
from the front property line. Not less than fifteen (15) percent
of such yard shall be landscaped and maintained.
b. Where the E-I zone abuts a street which is a boundary with a
residential or open space zone, there shall be a yard abutting
such street of not less than one hundred (100) feet. The
twenty-five (25) feet nearest the street shall be landscaped
and maintained. The remainder may be used for parking.
c. Where the E-I zone abuts property in a residential or open
space zone, there shall be a yard of not less than one hundred
(100) feet. The twenty-five (25) feet nearest the property line
shall be landscaped and maintained. The remainder shall not
be used for parking, loading or storage.
d. Landscaped buffers at least fifteen (15) feet in width may be
required by the planning commission along interior yards.
SECTION 10. Rescind and replace Section 92.17.2.03(F) of Chapter 92 of
the Palm Springs Zoning Code as follows:
F. Coverage. Lot coverage by buildings or structures shall not exceed
sixty (60) percent of any lot or planned development.
SECTION 11. Rescind and replace Section 93.06.00(D)(36) of Chapter 93
of the Palm Springs Zoning Code as follows:
D. Off-street Parking Requirements.
36. Warehousing, Distribution and Wholesaling. Parking shall be
provided in accordance with the table below:
Up to 100,000 SF 1 space per 800 SF of gross floor area
Next 100,000 SF 1 space per 1,250 SF of gross floor area
All Additional 1 space per 5,000 SF of gross floor
Parking, loading, and unloading spaces for trucks and delivery
vehicles shall be in addition to the off-street parking requirements
listed above. Delivery vehicles shall be parked on site in designated
areas. As an alternative to the standards listed above, applicants
may submit a Specific Parking Plan pursuant to Section 93.06.00
where specific operational standards may warrant a different parking
ratio.
Item 1D - 8
SECTION 12. 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 13. The proposed ordinance is not subject to the California
Environmental Quality Act (Public Resources Code Section 21000 et. seq.)
pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because
the ordinance will not result in a direct or reasonably foreseeable indirect physical
change in the environment and is not a “project,” as that term is defined in Section
15378 of the State Guidelines. Furthermore, the proposed ordinance
contemplates modifications to certain development standards but does not add to
the list of permissible uses or allow significant increases in the scope or scale of
development than is otherwise currently permitted. As projects are submitted and
reviewed for compliance with this Zoning Text Amendment, the City will conduct
CEQA review as required by law
SECTION 14. 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 27TH DAY OF JANUARY, 2022.
LISA MIDDLETON
MAYOR
ATTEST:
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 1D - 9
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. ____ is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on __________ and adopted at a regular
meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this ______ day of ______________, _________.
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 1D - 10