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ORDINANCE NO. 2088
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING VARIOUS SECTIONS IN TITLES
2, 5, 8, 9 AND· 11 OF THE PALM SPRINGS MUNICIPAL
CODE A.ND VARIOUS SECTIONS OF THE PALM SPRINGS
ZONING CODE (CHAPTERS 91-94), AS PART OF AN
ANNUAL TECHNICAL UPDATE TO THE CITY'S LAND USE
AND DEVELOPMENT REGULATIONS (CASE 5.1466 ZTA).
City Attorney's Summary
This Ordinance provides .for a technical update to certain
terms, standards and regulations of the Palm Springs
Municipal Code as part of an annual process to clarify certain
provisions and to keep the City's zoning, building and
development standards up to date. The proposed changes
have been identified by staff and the City Attorney in working
with and applying these regulations. No major policy changes
are proposed as part of this annual update.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. The City of Palm Springs is a charter city organized pursuant to Article XI
of the California Constitution and pursuant to the authority granted the City by 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 poli"e 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 June 48, 2023, the Planning Commission conducted a duly noticed
public hearing to consider Case 5.1466 ZTA, an ordinance proposing technical
corrections and additions to the Municipal Code and, by a vote of 6 to 0, adopted a
resolution recommending approval of the Zoning Text/Municipal Code Amendment to the
City Council; and
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Page2
E. Notice of a public hearing of the City Council of the City of Palm Springs to
consider the Zoning TexUMunicipal Code Amendment was given in accordance with
applicable law; and
F. On September 14, 2023, 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 O vote, the City Council adopted the Zoning TexUMunicipal Code
Amendment; and
G. The proposed Zoning TexUMunicipal Code 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 TexUMunicipal Code 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. As projects are submitted
and reviewed for compliance with this Zoning TexUMunicipal Code Amendment, the City
will conduct CEQA review as required by law; and •
H. The City Council has carefully reviewed and considered all of the evidence
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presented in connection with the hearing on the Zoning TexUMunicipal Code Amendment,
including, but not limited to, the staff report, and all written and oral testimony presented; I
and
I. The City Council hereby finds that approval of the proposed Zoning
TexUMunicipal Code Amendment would:
1. • Correct technical discrepancies in Zoning and other Municipal Codes land
use and development regulations;
2. Align language in the Zoning and Municipal Code with other recent code
amendments;
3. Bring certain Zoning and Municipal Code requirements into conformance
with State law;
4. Implement goals and policies of the General Plan as they relate to land use
issues; and
5. Assist staff, elected and appointed officials, and the general public in
interpreting and applying Zoning and Municipal Code. land use and
development regulations.
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THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. That the findings and determinations reflected above are trl\e 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 to remove a reference to Development Services Department 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, 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(8) of Chapter 2:60 of the Palm Springs
Municipal Code to rescind and replace references to Development Services Director and
'. City Clerk as follows:
(B) The Planning 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 to rescind and replace references for massage establishment permits 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
Ordinance No. 2088
Page4
be referred to the building and safety department, fire department, the health ' I
department, and the planning department. The departments shall within thirty days
inspect the premises propo~ed 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:
SECTION 5. Amend Section 5.38.195(2) of Chapter 5.38 of the Palm Springs
Municipal Code to rescind a reference to Development Services Director and replace with
Planning Director as follows:
(2) Valets must post a sign -duri,:ig their business hours at each location where
they take possession of vehicles. The sign must identify the nan:ies, address
and telephone number of the operator and the hours of operation. The sign
.must be approved in advance by the Planning Director.
·sECTION 6. Amend Section 5.55.140(C) of Chapter 5.55 of the Palm Springs
Municipal Code to rescind a reference to Development Services Director and replace with
Planning Director as follows:
C. Prior. to commencing operations, an Adult-Use Cannabis Business must
obtain a certification from the Planning Director certifying that the business
is located on a site that meets all of the re·quirements of the City's Zoning.
Ordinance.
SECTION 7. Amend Section 5.81.040 of Chapter 5.81 of the Palm Springs
Municipal Code to rescind references to Development Services Department and replace
with Planning Department as follows:
5.81.040 Procedure.
(a) Prior to any action by the Public Arts Commission, the Planning 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 Planning Department has. certified that notification has been completed.
(b) The Planning 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. •
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(c) . , The Planning 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.
SECTION 8. Amend Section 8.04.402(b) of Article IV of Chapter 8.04 of the Palm
Springs Municipal Code to rescind a reference to Development Services Director and
replace with Planning Director as fo!lows:
(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 Planning 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 9. Amend the definitions of "Department" and "Director" in Section
8.05.020 of Chapter 8.05 of the Palm Springs Municipal Code to revise as follows: -
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"Department" means the Department of Planning Services, unless otherwise
specified herein.
"Director" means the Director of the Department of Planning Services, or their
designee, unless otherwise specified herein.
SECTION 10. Amend Section 8.40.030 of Chapter 8'.40 of the Palm Springs
Municipal Code to replace references to Development Services Director with Planning
Director as follows:
8.40.030 Processing time limits.
It shall be the responsibility of the Planning 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
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Page 6
accepted as complete, the Planning Director shall either approve or deny the I
application within sixty days.
SECTION 11. Amend Section 8.40.035 of Chapter 8.40 of the Palm Springs
Municipal Code to replace references to Development Services Department with Planning
Department as follows:
8.40.035 Filing procedure and evaluation.
(a) A request for TOM approval shall be made through application· forms
provided by the Planning Department. The application for such approval shall he
filed with the Planning 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 Planning Department. The fee shall be as adopted by resolution of the city
council.
(c) An application for TOM review shall be supplemented by plans and other
pertinent information to adequately address all applicable aspects of a proposal.
(d) The Planning Department shall review applications and approve, I
conditionally approve or deny the application and shall assure conformity with the
chapter.
SECTION 12. Amend Section 9.60.080(1) of Chapter 9.60 of the Palm Springs
Municipal Code to replace a reference to Development Services Department with
Planning Department as follows:
(1) One copy each of the forms described in Section 9.60.070 shall be
forwarded to the Planning Department.
SECTION 13. Amend the definition of '.'Director" in Section 9.61.020 of Chapter
9.61 of the Palm Springs Municipal Code as follows:
"Director" means the Director of the Planning Department, or their designee.
-SECTION 14. Amend Section 9.62.055(E)(14)(c) of Chapter 9.62 of the Palm
Springs Municipal Code to rescind and replace owner occupancy criteria for urban lot
splits completed by a non-profit corporation as follows:
(c) Owner Occupancy. The applicant for an urban lot split must sign an affidavit I
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stating that the applicant intends to occupy one of the dwelling units on one
of the resulting lots as the c1pplicant's principal residence for a minimum of
three (3) years after the urban lot split is approved. This occupancy
requirement does not apply to approvals obtained by a qualified nonprofit
corporation (as defined by Gov. Code§ 214.15).
SECTION 15. Amend Section 9.63.070(14) of Chapter 9.63 of the Palm Springs
Municipal Code to rescind a reference to DevelopmenrServices Department and replace
with Planning Department 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
Planning Department before submittal;
SECTION 16. Amend the title of Section 9.63.200 of Chapter 9.63 of the Palm
Springs Municipal Code to rescind a reference to Development Services Director and
replace with Planning Director as·follows:
' 9.63.200Auihority of Planning Director.
SECTION 17. Amend Section 11.74.044(1) of Chapter 11.74 of the Palm Springs
Municipal Code to rescind a reference to Development Services Director and replace with
Planning Director 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
Planning Director. The specific instrumentation used shall be described in
the noise report.
SECTION 18. Amend Section 11.74.044(10) of Chapter 11.74 of the Palm Springs
Municipal Code to rescind a reference to Development Services Director and replace with
Planning Director as follows:
(10) If the Planning Director determines that any data provided in the noise
report is inconsistent or inadequate, a supplemental noise report prepared
• by an independent acoustical consultant maybe required.
SECTION 19. Amend Section 11.80.090(d)(2)(C) of Chapter 11.80 of the Palm
Springs Municipal Code to rescind a reference to Development Services Depar:tment and
replace with Planning Department as follows:
Ordinance No. 2088
Pages
(C) The Planning Department has determined that the vehicle or part thereof is
a public nuisance presenting an immediate thre~t to public health or safety;
SECTION 20. Amend Section 14.16.410 of Chapter 14.16 of the Palm Springs
Municipal Code to rescind and replace certain standards for mailboxes in rights-of-way
as follows:
14.16.410 Mailboxes in rights-of-way.
No permit pursuant to this chapter need be obtained for the placing and
maintaining of a mailbox within a public right-of-way so long as such mailbox and
its placement comply with the rules and regulations of the United States Post Office
Department, and also the following regulations:
(1) Mailboxes and containers for the collection and storage of mail shall
be so placed or maintained as to not endanger the life or safety of pedestrian traffic
or inhibit the flow of vehicular traffic, irrespective of when such situation should first
come into existence;
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the mailbox as may be deemed necessary by the City Engineer or designee.
(2) There will be a four-foot (4') wide clearance for ADA purposes around 1
SECTION 21. Amend Section 15.14.010(b)(2) of Chapter 15.14 of the Palm
Springs Municipal Code to rescind and replace the approval authority of sewer
exemptions as follows:
(2) An exemption may be granted by the city engineer in any case where the
development involves a single-family dwelling on a lot of record and the
distance from the lot line to the public sewer is greater than five hundred
feet. Although such an exemption is granted, the maximum residential
connection fee shall be paid prior to the issuance of a building permit. At the
time of eventual connection of a dwelling given initial exemption under the
terms of this subsection, any portion of the maximum residential connection
fee that·has been paid which is found to exceed,th~ sewer connection fee
schedule of charges currently applicable at the time to residences shall be
refundable.
SECTION 22. Amend Section 15.14.01 0(b)(3) .of Chapter 15.14 of the Palm
Springs Municipal Code. to·· rescind and replace the approval authority of sewer
exemptions as follows:
(3) An exemption may be granted by the· city manager in any case where I
unusual topographical or other terrain conditions exist which make. the
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connec~ion to the public sewer impractical, unreasonable, unfeasible or
impose extreme economic. hardship upon the property owner if he is
required to connect such building to the public sewer system. It shall be the
responsibility of the applicant for such exemption to provide to the city
manager such as data or proof as the manager deems necessary, including
but not limited to engineering cost estimates and feasibility reports, to
substantiate any such application.
SECTION 23. Amend Section 91.00.09(A) ("Enforcement") of Chapter 91 of the
Palm Springs Zoning Code to correct references to department directors as follows:
A. The Police Chief, Planning Director, City Clerk and all officials cbarged with
the issuance of licenses or permits, shall enforce the provisions of this
Zoning Code:
SECTION 24. Amend Section 91.00.10 ("Definitions") of Chapter 91.00 of the Palm
Springs Zoning Code to rescind and replace the definitions of "Department" and "Director"
as follows:
"Department" means the department of planning services, unless otherwise
specified herein.
"Director" or "Planning Director" means the Director of the department of
planning services of the City of Palm Springs or the City Manager's designee.
SECTION 25. Amend Section 92.01 .03(8)(6) ("Property Development Standards")
of Chapter 92 of the Palm Springs Zoning Code to rescind and replace garage/carport
setback standards as follows:
6. Garages/Carports. Garages shall be located not less than twenty-five (25)
feet from the property line abutting the street from which such garage has
. ·vehicular access or twenty-five (25) feet from the opposite side of the alley
from which such garage has vehicular access. In the R-1-E zone, garages
shall be located not less than twenty (20) feet from the front and side front
property lines. Garages may be detached from the main building in the R-
1-A, R-1-AH and hillside areas only.
SECTION 26. Amend Section 93.01 .01 of Chapter 93 of the Palm Springs Zoning
Code to rescind and replace standards for tennis courts to include other private sport
courts as follows:
93.01 .01 Private tennis courts and sport courts.
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This section is intended to provide for the regulation of non-commercial sport I
courts, including but not limited to those used for tennis, ·pickleball, basketball and
volleyball within residential zones of the city.
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A. Courts may be allowed, subject to the following conditions:
1. Single-family Zones.
2.
a. No courts shall be allowed within any yard or setback area.
b. A six (6) foot high solid masonry wall shall be installed on the
property line between the court and adjacent property.' Landscape,
which screens the court fence, shall be installed within the setback
area.
c. The height of any court fence shall not exceed ten (10) feet
above the court surface.
d. The surface level of the court shall be established at the lowest
elevation of the natural terrain or lower.
e. Plans and minor architectural approval application, including
plot plan, grading plan, landscape plan, shall be submitted to the
Department for approval pursuant to Section 94.04.00. Courts
located in hillside areas, as defined in Section 93.13.00, shall be
reviewed by the planning commission. For all other locations, the
Director may approve proposed courts.
f. Night lighting of courts may be allowed under conditional use
permit approval by the planning commission in accordance with
Section 94.02.00; and provided, the above-listed conditions
(subsections (A)(1 )(a) through (A)(1 )(e) of this section) have been
met. In addition, the following development standards shall be
complied with: •
i. The height of the proposed light fixtures shall not exceed
twelve (12) feet at the setback line. A maximum of five (5) light
standards (fixtures) shall be permitted on each side of the
court. The light fixture height shall be measured from natural
grade.
ii. The light beam shall not extend off the subject property.
Lighting levels, measured at the property line, shall not be
increased more than one (1) footcandle above the ambient
light level.
iii. Lighting shall not be.greaterthan four hundred (400) watts per
fixture.
All Other Zones, Including Multi~Family Residential.
a.· No courts shall be allowed within any yard or setback area.
b. No more than thirty (30) percent of the requirement for usable
landscaped open space and outdoor living and recreation shall be
devoted to tennis court development.
c. A six (6) foot high solid masonry wall shall be installed on the
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B.
property line between the tennis court and adjacent property.
Landscape, which screens the court fence', shall be insta[led within
the setback area.
d. The height of-any court fence shall not exceed ten (10) feet
above the court surface.
e. The surface level of the court shall be established at the
lowest elevation of the natural terrain or lower.
f. Any proposed or existing development proposing courts shall
require architectural approval of the total site by the planning
commission pursuant to Section 94.04.00. Plans, including plot plan,
grading plan, landscape plan, lighting diagram, light specification,
neighboring. property diagram, and application, shall be submitted to
the Department.. Where an existing development is proposing to add
a court(s), a minor architectural approval application shall be filed.
g. Night lighting fixtures of courts must maintain a sixty (60) foot
setback from property lines. In addition, the following development
standards shall be complied with:
i. The height of the proposed light fixtures shall not exceed
eighteen (18) feet. The light fixture height shall be measured
from natural grade.
• ii. The light beam shall not extend off the subject property.
Lighting levels, measured at the property line shall not be
increased more than one (1) footcandle above the ambient
light level.
iii. Lighting shall not be greater than one thousand (1000) watts
per fixture.
In cases where one (1) or more of the above conditions (except subsection
(A)(1)(f) of this section which will be applied in all cases) cannot be met,
courts may be allowed under conditional use permit approved by the
planning commission in accordance with Section 94.02.00.
• SECTION 27. Amend Section 93.02.00(E) of Chapter 93 of the Palm Springs
Zoning Code to rescind and replace references and standards for wall/fence heights in
subparagraphs (2), (5) and_ (6) as follows:
E. Height Standards.
2. Except as otherwise provided in this section, all walls and fences in
any front yard and side front yard may ·not exceed four and one-half
(4 ½) feet in height (Exhibit D), except as otherwise permitted by the
"C-M," "M-1-P," "M-1" and "M-2" zones, Sections 92.15.03(E),
92.16.03(E), 92.17.03(E} and 92.17.1.03(E). In the corner cutback
area, the height of walls, fences .and landscaping may not exceed
Ordinance No. 2088
Page 12
three and one-half (3½) feet above the nearest street pavement I ·
surface (Exhibit A).
5.
6.
Where lots back up to or side on a fairway, walls, fences or hedges
not to exceed a height of five (5) feet may be installed on the rear or
side property line. When a lot sides on an entrance to a fairway in
such a manner that the normal private yards are exposed to the
street, a six (6) foot high wall, fence or hedge may be constructed;
provided, it is reduced to a maximum of five (5) feet in height within
twenty (20) feet of the rear property line.
In order to protect private property, the Director may approve a fence
over six (6) feet in height along a golf course fairway at the setback
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line, provided the fence complies with the following regulations: _
a. In no case shall the fence be higher than fifteen (15) feet, or
the height of the main building on the subject property. Whichever is
less shall apply; .
b. The fence shall be composed of chain-link or other appropriate
material completely open for light and air;
c. The fence shall be set back from all buildings on adjoining
property a distance equal to its height;
d. The fence shall be paintec! a color that will cause it to become
a part of the background. To further soften its appearance, the base
of such fence shall be landscaped with screen-type shrubs for a
height of at least three (3) feet.
SECTION 28. Amend Section 93.02.00 of Chapter 93 of the Palm Springs Zoning
Code to delete "Exhibit E Golf Course Fairway Lots" and the associated graphic from the
end of Section 93.02.00.
SECTION 29. Amend Section 93.23.17(C)(1)(d) of Chapter 93 of the Palm Springs
Zoning Code to rescind and replace criteria for common interest development for
moderate income units, adding for rent units as a development eligible for density bonys
and incentives, as follows:
d. Common interest development with moderate income restricted affordable
units, for sale or for rent. A common interest development that includes at
least ten (10) percent of its units for moderate income households either for
sale units or for rent, shall be granted the following:
i. Density bonus ....
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SECTION 30. Amend Section 93.23.17(C)(1)(g) of Chapter 93 of the Palm Springs I
Zoning .Code to rescind and replace references within the text to C.1.d, as follows:
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g. Child care facility included with a housing development project. A housing
development project, which conforms to the requirements of subsections
C.1.a (Housing Development with Low Income Restricted Affordable Units,
for Sale or for Rent), C.1.b (Housing Development with Very Low Income
Restricted Affordable Units, for Sale or for Rent), C.1.c (Market Rate Senior
Housing, for Sale or for Rent), C.1.d (Common Interest Development with
Moderate Income Restricted Affordable Units, for Sale or for Rent), or C.1.e
(Housing for Transitional Foster Youth, Disabled Veterans, or Homeless
Persons) of this section, and includes a child care facility located on the
premises of, as part of, or adjacent to, the project, shall Qe granted one of
the following:
i. An additional density bonus that is, for purposes of calculating
residential density, an increase in the floor area of the project equal
to the floor area of the child care facility included in the project; or
ii. An additional incentive that contributes significantly to the economic
feasibility of the construction of the child care facility.
SECTION 31. Amend Section 93.23.17(C)(2)(a)(ii)(A) of Chapter 93 of the Palm
Springs Zoning Code to rescind and replace references within the text to C.1.d, as follows:
A. The proposed development, inclusive of the units replaced
pursuant to this subsection, contains affordable units at the
percentages required in , subsections C.1.a (Housing
Development with L_ow Income Restricted Affordable Units,
for Sale or for Rent), C.1.b (Housing Development Very Low
Income Restricted· Affordable Units, for Sale or for Rent),
C.1.c (Market Rate Senior Housing, for Sale or for Rent),
C.1.d (Common Interest Development with Moderate Income
Restricted Affordable Units, for Sale or for Rent), or C.1.e
(Housing for Transitional Foster Youth, Disabled Veterans, or
Homeless Persons); or •
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SECTION 32. Amend Section 93.23.21 (E)(9)(c) of Chapter 93 of the Palm Springs
Zoning Code to rescind arid replace owner. occupan~y criteria for two~unit projects built
by a non-profit corporation as follows: ' • ' • · • • • ·' • • ' •
. . '
C. Owner OccupancY:' Unless the lot w;:is forme.d by an urban lot split or the
units are constructed by a qualified nonprofit corporation (as defined by
Gov. Code§ 214.15), the individual property owners ofa lot with a two-unit
project must occupy one of the dwellings on the lot as the owners' principal
residence and legal domicile. •• •• •
SECTION 33. Amend ~ection 94.02.00(G)(4) of Chapter 94 of the Palm Springs
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Page 14
Zoning Code to rescind and replace time limit requirements for Conditional Use Permits I
as follows:
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 was not commenced within twenty-four months of its approval, the
conditional use permit shall be subject to revocation by the Planning
Commission, after holding a noticed public hearing. An extension of time
may be approved pursuant to the requirements of Section 94.12.00.
SECTION 34. Amend Section 94.03.00(D)(2)(f) of Chapter 94 of the Palm· Springs
Zoning Code to rescind and replace open space development standards for Planned
Development Districts as follows:
f. Open Space Requirements. Open space for planned districts shall be equal
to or greater than the minimum open space requirement for the comparable
zone in which the planned development district is located, except medium-
and high-density residential developments may be modified as described
below. Recreational areas, drainage facilities and other man-made.
structures may be considered to meet a part _ of the open space
requirements, where such facilities provide recreational opportunities for
residents or are enhanced _ with landscape treatments that adequately
screen the facilities.
i. , Natural Features. Protection of natural landscape features such as
watercourses, sensitive land area, existing native vegetation, wildlife,
unique topographical features, and .views shall be required. Open
spaces shall be integrated into the overall design of the project
ii. Open Space for Commercial/Industrial Uses. The percentage of
.. open space for commercial, industrial and mixed uses shall be
determined by the development plan approved by the City Council,
-and shall include. fec!tures such as plazas, pocket parks, or other
similar featµres-where feasible. .
iii. Open Space for Residential Uses. At the discretion of City Council
after .recommendation from Planning Commission, the maximum lot
.. coverage .an·d, minimum open space standards n:,ay be modified for
-projects providing· affordable housin'g within medium-and high-
density residential zones (R-2, R-3, R-4). Of the total required open
space area, a r;naximum of 50% r;nay be designated as private open
space. The remainqer of the required open space area shall be
designated as commori open space.
SECTION 35. Amend Section 94.03.00(G)(1) of Ch~pter 94 of the Palm Springs
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Zoning Code to rescind and replace modification criteria for Planned Development I
Districts as follows:
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Ordinance No. 2088
Page 15
1. Minor Modifications. Minor modifications to the approved preliminary
development plan or final development plan may be approved by the
Director, or may be referred to the Planning Commission for approval
at the discretion of the Director. Minor modifications may include any
of the following:
a. Reduction in the number of units or overall building square
footage by no more than 10%;
b. Increase in the number of units by no more than 10%,
provided the unit count remains in compliance with the general plan
and there are only negligible increases to the building form and
square footage;
c. Minor adjustments to building footprints or building setbacks,
provided conformance is maintained to perimeter setback
requirements;
d. Minor adjustments to the configuration of parking areas,
provided conformance is maintained to parking requirements;
e. Minor adjustments to landscape buffer areas or open space
areas, provided lot coverage and open space requirements are
maintained;
f. Adjustments to the approved colors or materials specified for
the development, provided such adjustments do not materially
impact the visual appearance or aesthetic quality of the
development;
g. Minor modifications to the list of permitted uses for the
planned development district, provided such modifications do not
materially change the intent of the planned development district.
SECTION 36. Amend Section 94.04.00(C)(3) of Chapter 94 of the Palm Springs
Zoning Code to rescind and replace criteria for minor architectural review applications to
include hillside additions and remodels as follows:
3. Minor Architectural Review. Minor Architectural Review applications which
are acted upon by the Director shall include the following:
a. Additions to multifamily, commercial and industrial buildings which
do not increase the existing floor area by more than twenty-five percent
(25%);
b. Additions a~d remodels to hillside developments, as specified in
PSZC Section 93.13.00(B)(2)(b);
c. Additions to quasi-public buildings which do not increase the existing
floor area by more than twenty-five percent (25%);
d. Entrance features and gates above the allowable height;
e. Exterior lighting plans;
f. Modifications to exterior colors of commercial, industrial, and quasi-
public buildings;
Ordinance No. 2088
Page 16
g. Revisions to approved landscaping plans for multifamily, commercial I
.and industrial developments; and
h. Tennis courts and sports courts in all zones.
SECTION 37. Amend Section 94.04.-00(D) of Chapter 94 of the Palm Springs
Zoning Code to rescind and replace appeal filing from City Clerk to Department in
application procedures for architectural review in subparagraphs (1)(e) and (2)(c) as
follows:
. 1. Major Architectural Review.
• e. Appeal. The decision of the ARC shall be final unless
appealed to the Planning Commission within fiftee_n (15) days
following the date that the Director issues notification to the applicant
of the decision. The appeal shall be in writing and filed with the
Department. The City Council may establish a fee to be paid in
connection with the filing of an .appeal· under this Section. The
Director shall schedule the appeal for consideration by the Planning
Commission within thirty (30) days. following receipt of the appeal
request and payment of the appeal fee. The decision of the Planning
Commission shall be final unless further appeal is made to the City I
council in the manner provided by Chapter 2.05 of the Palm Springs
Municipal Code.
2. Minor Architectural Review.
c. Appeal. The decision of the Director shall be final unless
: appealed to the ARC within fifteen (15) days following the date that
, the· Director issues notification to the applicant of the decision. The
appeal shall be in writing and filed with the Department. The City
Counqil may eistablish a fee to be paid in connection with the filing of
an appeal under this Section. The Director shall schedule the appeal
for consideration by the ARC within thirty. (30) days following receipt
of the appeal req·uest and payment 9f the appeal fee. The decision
()f. th,E: ARC sha_U be final unle~s f1c1[1:lier appea_l is made to the City
Council in the manner provided by Chapter 2.05 of the Palm Springs
Municipal Code,
SECTION 38. Amehd Section 94.04.00 of Chapter 94 of the Palm Springs Zoning
Code to establish an "Effective Date" as paragraph "E" for Architectural Reviews and re-
enumerate the subsequent paragraphs accordingly: I
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Ordinance No. 2088
Page 17
E.
F.
Effective Date. An Architectural Review approval shall become effective
after an.elapsed period of fifteen (15) days from the date of the decision of
the approval authority. •
Criteria and Findings ....
SECTION 39. Amend Section 94.04.01 (C)(1)(b) of Chapter 94 of the Palm Springs
Zoning Code to rescind and replace the list of formal application submittal requirements
for Major Development Permit Review applications as follows:
b. Formal Application Submittal. After completing the pre-submittal
conference/review, an applicant shall submit a formal Major Development
Permit application upon such forms as may be established by the
Department, and shall be accompanied by such fees as may be established
by the City Council. The application shall be signed and notarized by the
property owner ortheir legal representative. The application submittal shall
include the following:
1) A site plan, as approved by the Planning Commission as part of the
development permit process;
2) A preliminary grading plan, including cross sections through the site
and showing the elevations of abutting parcels; •
3) Floor plans;
4) Conceptual building elevations and building sections;
5) A roof plan; ..
6) A conceptual landscape plan;
7) Conceptual material and color selections;
8) A lighting plan if applicable;
9) Depictions of the location and size of any proposed signage, where
appropriate for the development type; and
10) Any other plans or exhibits that may be required by the Director
based on the development type or site characteristics.
SECTION 40. Amend Section 94.04.00(E) of Chapter 94 of the Palm Springs
Zoning Code to modify the Effective Date for Development Permits as follows:
E. Effective Date. A Development Permit approval shall become effective after
an elapsed period of six (6) months from the date of the decision of the
approval authority or after the approval of the associated Major Architectural
Review application, whichever occurs first.
SECTION 41. Rescind Section 94.08.10 ("Virgin Hotel Development Agreement')
and remove this section in its entirety from the Palm Springs Zoning Code.
SECTION 42. 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
Ordinance No. 2088
Page 18
reason of any preemptive legislation, the remaining sections and/or provisions of this I
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 43. The proposed ordinance is not subject to the California
Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to
Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will
not result in a direct or reasonably foreseeable indirect physical change in the
environment and is not a "project," as that term is' defined in Section 15378 of the State
Guidelines. •
SECTION 44. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and sliall 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
9TH DAY OF NOVEMBER 2023.
ATTEST' :f!2:_
BRl:ihEE,MMc,cE::
CITY CLERK
MAYOR
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Ordinance No. 2088
Page 19
'STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS )
CERTIFICATION
ss.
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify
that Ordinance No. 2088 is a full, true, and correct 'copy, and was introduced at a regular meeting
of the Palm Springs City Council on September 14, 2023, and adopted at a regular meeting of
the City Council held on November 9, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers deHarte, Holstege, Middleton, Mayor Pro Tern -Bernstein,
Mayor Garner
None
None
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this ?-O~day of Novembe 023.
~~
BREN ~ PREE, MMC, CERA
~.-,. ~-CITY CLERK