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HomeMy WebLinkAbout9/20/2000 - STAFF REPORTS (16) PPZSeptember 20, 2000 TO: City Council FROM: Director of Planning and Building CASE NOS:5.0833 and 5.0848:ZONING ORDINANCE TEXT AMENDMENTS IN REGARD TO OUTDOOR LIGHTING REGULATIONS, THE HEIGHT OF COMMERCIAL WIND ENERGY CONVERSION SYSTEMS, MOTORCYCLE RENTAL IN THE C1 ZONING DISTRICT SUBJECT TO A CONDITIONAL USE PERMIT, RATE SIGN REGULATIONS, DAY SPA REGULATIONS,AND NON-SUBSTANTIVE MISCELLANEOUS AMENDMENTS TO PROMOTE CLARITY. RECOMMENDATION: Staff recommends that the City Council conduct a public hearing and, if desired, adopt the draft Ordinance amending the text of the Zoning Ordinance. Planning Commission reviewed the proposed amendments at its meetings of July 12, August 2, and August 16 and voted to recommend amending the zoning text as proposed BACKGROUND In general, the text amendments fall into six categories: 1. Outdoor Lighting Regulations 2. Height of Commercial Wind Energy Conversion Systems 3. Motorcycle Rental In the C1 Zoning District Subject to a Conditional Use Permit. 4. Rate Sign Regulations. 5. Day Spa Regulations. 6. Non-substantive Amendments to Promote Clarity. 1. Outdoor Lighting Regulations The Outdoor Lighting Regulations were crafted with considerable public participation. Three lighting field trips were conducted to gain"hands on experience"on the different aspects of outdoor lighting. Attending the field trips were Planning Commission members, representatives from the lighting industry, and local residents. Drafts of the proposed text were circulated to the Uptown Association, Main Street, the various neighborhood associations, Southern California Edison and to the facilities department of area grocery stores. Comments were then incorporated into the draft. Highlights of the proposed Outdoor Lighting regulations are noted below. 1. It is proposed that Outdoor Lighting be removed from the Parking section of the Ordinance and become its own section. This will allow for all outdoor lighting to be housed in the same part of the Ordinance. 2. The intent and purpose are taken from the General Plana 3. A minimum maintained foot candle of.5 foot candles is proposed. In order to allow flexibility when the situation warrants it,the Planning Commission may allow a higher or lower minimum maintained foot candle level. This will allow the Planning Commission to ensure that implementation of the Ordinance is consistent with the /sod Case 5.0833 and 5.0848 September 20, 2000 Page 2 goals and objectives. Additionally, this will create a record regarding the circumstances underwhich a reduction or an increase has been permitted. This will allow the Ordinance to be further refined. Upon further refinement,the staff can take on complete responsibility for implementation of the Ordinance. 4. The ratio of minimum to maximum illumination is proposed to not exceed 16:1 so as to promote reasonable evenness while minimizing the likelihood of excessively bright or dark spaces. 5. The average illumination level is proposed to not exceed three foot candles. This will allow for safe conditions while not allowing excessive lighting. 6. The proposed regulations require thatvertical lamps be utilized and sag lenses be prohibited. 7. The proposed regulations mandate the use of a full cut-off light so as to minimize light pollution and spill light. This provision does not apply to lights not exceeding a height of three feet above finished grade. Consequently,floodlights used to accent architectural features, landscape lighting,and bollards used to delineate walkways would not be subject to this provision. 8. The maximum height of a parking lot lighting fixture is proposed to remain at 18 feet, although the Planning Commission has the authority to allow a taller fixture. 9. Decorative lighting utilized in non-residential development is subjectto architectural approval. 10. Lighting in parking areas is limited to High Pressure Sodium. Metal Halide may be utilized to light architectural elements and pedestrian walkways. 11. A reference is proposed in the Lighting section to directthe userto the Tennis Court section for tennis court lighting provisions. 12. A reference is proposed in the Parking section so as to directthe userto the Outdoor Light Section. 2. Height of Commercial Wind Energy Conversion Systems (WECS) The proposed amendment would allows a Commercial Wind Energy Conversion System to have a height up to 300 feet. The current maximum height is 200 feet. Riverside County and the Bureau of Land Management allow a height of 300 feet. The City has granted several variances for WECS up to 300 feet in height. A taller structure will result in fewer structures being erected. Note that as a Conditional Use Permitwill still be required. The Commission will review the findings of fact and issue the permit at a height that allows the findings of fact to be met. The proposed 300 feet is the maximum height allowed, but will not necessary be found to be acceptable every time. 3. Motorcycle Rental In the C1 Zoning District Subject to a Conditional Use Permit Currently,Motorcycle Rental is a permitted use in the Highway Commercial Zone,the"M-1" Service/Manufacturing Zone and the"M-2"Manufacturing Zone. In each of these zones, the use may be established subject to the issuance of a Land Use Permit. Motorcycle rental is of interest to the tourist community. Many of the tourists desire to tour the desert on motorcycle. Given the existing regulations regarding where a motorcycle rental use can be located, the tourists seeking to patronize motorcycle rental businesses are forced in travel into industrial areas or to travel up to Interstate 10 where it can be very windy. The wind can then create challenges to the novice rider. The proposed text amendment seeks to allow motorcycle rental to locate in areas closer to the users. ,SOR , Case 5.0833 and 5.0848 September 20, 2000 Page 3 Motorcycle rental,as a use, is not without some concerns. For example, it is important that the location be situated so that it provides a safe area for the motorcycle driver to begin his trip, meaning the site has a parking area and driveway. To address this and other locational matters, the use is proposed to be permitted in C-1 zoning subject to the issuance by Planning Commission of Conditional Use Permit. This will allow the Planning Commission to better review the site suitability and to hear input from property owners in the area. All activity for the rental and driver check out should occur on private property. This will improve safety as novice riders will not begin their ride on public rights-of-way, but rather on private property. All uses will be required to comply with all requirements housed in the zoning ordinance, including the sign ordinance,aswell as to complywith building code and fire code. There is also concern that the motorcycle rental use could become a mechanic's shop or a service station. To address this concern, the regulation is proposed to prohibit fluid service or engine part removal or repair from being conducted on the premises. It is expected that minor repair,such as the replacement of a rearview mirror, may occur on the site. However,the intent of the regulation is not to create a space for mechanics to work on motorcycles. The proposed text is crafted to prevent this from being the case. 4. Rate Signs The Palm Springs Hotel and Hospitality Association has requested that the City apply the existing rate signs regulations to signs that are located indoors with the intent of being viewed from outdoors. The proposed text has been circulated to the Hotel and Hospitality Association. 5. Day spas The proposed regulations concerning Day spas were presented to both the Uptown Association and Main Street. Additionally, copies of the proposed text were circulated to neighborhood groups as well as operators of some of the local beauty salons. Comments have been incorporated into the text. Currently, by definition, a day spa must include a beauty salon,steam room and/or sauna, showers and therapy pool,and sequestered rooms for massage and body treatments. This definition describes facilities that serve as a principal use, but does not accommodate smaller facilities that may be an accessory use to a beauty parlor or a small inn. The proposed revision distinguishes between a day spa as a principal use and a day spa as an accessory use. The existing definition is used to describe day spas when they are a principal use. Wording is added to eliminate the requirement of an assortment of facilities if the day spa is an accessory use. As an accessory use, the day spa must focus on relaxation and therapeutic programs rather than beauty and fitness programs. Portions of the existing definition that discuss requirements for licensing and requirements for compliance with the municipal code are moved from the definition to the portion of the Ordinance where Permitted Uses are found. This is the preferred location for use standards. Provisions are made to allow smaller hotels to operate a day spa as an accessory use subject to a Conditional Use Permit. This provision is restricted to those hotels that have 16b4 a Case 5.0833 and 5,0848 September 20, 2000 Page 4 at least fifteen guest rooms. The day spa use is limited to those who are guests at the hotel. Lastly, provisions are made to allow a day spa as an accessory use to a Beauty Parlor or a Health / Fitness Facility subject to a Land Use Permit. 6. Miscellaneous Non-substantive Text Amendment A number of non-substantive text amendments are proposed to simply clarify the regulations. SUMMARY OF AMENDMENTS Following is a summary of the proposed amendments. A legislative draft is also attached so as to allow for a comparison between existing wording and proposed wording. Section 9100.08: EFFECTS OF ZONING Minor amendments are not substantive. Section 9100.09: ENFORCEMENT Minor amendments are not substantive. Section 9100.10.A: DEFINITIONS Minor non-substantive amendments crafted to promote clarity and consistency are proposed for the terms"Administrator,""Basement,""Building Height,""Child Care Center,""Dwelling," "Fairway Lots," "Frontage," "Gross Area," "Guest Room," and "Hotel." The term "Future Street Line' is proposed to be deleted. The terms"Footcandle" and"Glare" are proposed to be included in the defined terms. Section 9202.01.C: USES PERMITTED BY LAND USE PERMIT (R1) The proposed amendment makes provisions for day day spas as an accessory use to a Hotel subjectto a number of established standards and subjectto a Conditional Use Permit in the RGA zoning district. Section 9203.01: USES PERMITTED (R2) A minor non-substantive amendment is proposed in the section concerning Commission determinations so as to create consistency. The proposed amendment makes provisions for day day spas as an accessory use to a Hotel subject to a number of established standards and subject to a Conditional Use Permit in the R2 zoning district. Section 9204.01: USES PERMITTED (R3) The proposed amendment makes provisions for day day spas as an accessory use to a Hotel subject to a number of established standards and subject to a Conditional Use Permit in the R3 zoning district. Section 9205.01.D: USES PERMITTED BY CONDITIONAL USE PERMIT (R4) The proposed amendment makes provisions for day day spas as an accessory use to a Hotel subject to a number of established standards and subjectto a Conditional Use Permit in the R4 zoning district. I50A 3 Case 5.0833 and 5.0848 September 20, 2000 Page 5 Section 9209.01.C: USES PERMITTED BY LAND USE PERMIT (CBD) This is a minor non-substantive amendment referencing the applicable section of the Municipal Code. Section 9209.01.D: USES PERMITTED BY CONDITIONAL USE PERMIT (CBD) The proposed amendment makes provisions for day day spas as an accessory use to a Hotel subjectto a numberof established standards and subjectto a Conditional Use Permit in the CBD zoning district. Section 9212.01: USES PERMITTED (C1) Proposed amendments to this section include a minor non-substantive amendment referencing the applicable section of the Municipal Code. An amendment is proposed to allow a day spa as an accessory use to a beauty parlor subject to a Land Use Permit in the C-1 zoning district. The proposed amendment makes provisions for day day spas as an accessory use to a Hotel subject to a number of established standards and subject to a Conditional Use Permit in the C1 zoning district. The section is proposed to be amended to allow Medical /sick room supplies (retail) as a permitted use in the C1 zoning district. Proposed amendments allows subjectto a Conditional Use Permit in the C1 zoning district "Motorcycle Rental provided there is no fluid service or engine part removal or repair conducted on the premises. All activities including instructions and driver checkout are to be conducted on private property within an approved parking area." Section 9212.02: USES PROHIBITED (Cl) Proposed amendment removes Motorcycle Rental from the list of prohibited uses in the C1 zoning district. Section 9213.01.C: USES PERMITTED BY LAND USE PERMIT (C1AA) Proposed amendment allows a day spa as an accessory use to a beauty parlor or health / athletic club subject to a land use permit in the C-1AA zoning district. Section 9213.01.D: USES PERMITTED BY CONDITIONAL USE PERMIT (C1AA) The proposed amendment makes provisions for day day spas as an accessory use to a Hotel subjectto a number of established standards and subjectto a Conditional Use Permit in the C-1AA zoning district. Section 9214.01.C: USES PERMITTED BY LAND USE PERMIT (C2) Proposed amendment allows a day spa as an accessory use to a beauty parlor or health /athletic club subject to a land use permit in the C2 zoning district. Section 9306.00.C.4 OFF STREET PARKING: PARKING DESIGN STANDARDS: LIGHTING Proposed amendment deletes parking lot lighting regulations and replaces itwith a reference to the outdoor lighting regulations. Section 9306.00.E: OFF STREET PARKING: DESIGN DIMENSIONS Proposed amendment identifies parking lot aisle widths based on the traffic pattern and parking angle. Section 9319.00: PROPERTY MAINTENANCE STANDARDS Proposed amendment states that the parking or storing of motor vehicles is to occur in areas constructed for motor vehicles and shall not be parked or stored in other portions of the front or side yard, particularly not on what is commonly referred to as the front lawn. I.ThY Case 5.0833 and 5.0848 September 20, 2000 Page 6 Section 9320.03.25: SIGNS: DEFINITIONS Proposed amendment incorporates the term"unless otherwise stated"into the definition of sign. Section 9320.05.A.2: PERMITTED SIGNS - COMMERCIAL & INDUSTRIAL BUSINESS Minor amendments are not substantive. Section 9320.05.B.3: PERMITTED SIGNS - COMMERCIAL & INDUSTRIAL BUSINESS Minor amendments are not substantive. Section9320.06.C.3: PERMITTED SIGNS-APARTMENTS, HOTELS, RESORTHOTELS AND RESIDENTIAL MOBILEHOME PARKS This section states that, for rate signs, if a sign is placed inside a building for the purpose of being viewed from outside the building, itshall be considered an outside advertising sign and shall be subject to the provision outlined in this section. Section 9321.00: OUTDOOR LIGHTING STANDARDS (NEW SECTION) This is a proposed new section of the Ordinance that would address outdoor lighting standards. The goal of the regulations are to promote safety while protecting the night skies. The proposed regulations address parking area illumination levels(max.to min.ratio of 16:1, maximum 8footcandles, average not to exceed 3 footcandles)with the ability for Planning Commission to allow for deviation from the standards. The proposed regulations also address entrance lighting, spillover lighting, lighting height, decorative lighting, hours of operation, and lamp fixture types. Section 9402.00.H.8.e.1.a:CONDITIONAL USE PERMITS:CONDITIONS FOR SPECIFIC USES: COMMERCIAL WIND ENERGY CONVERSION SYSTEMS (WECS) The proposed amendmentwill allow wind energy conversion systems to have a height of 300 feet rather than the current 200 feet. This use will continue to be subject to a conditional use permit. Case 5.0833 and 5.0848 September 20, 2000 Page 7 PLANNING COMMISSION ACTION The Planning Commission reviewed the proposed amendments at its meetings of July 12, August 2, and August 16, 2000 and recommended adoption of the text amendments as presented in the attached ordinance. The vote was 6 in favor, 0 against, 1 absent. ENVIRONMENTAL ASSESSMENT An environmental assessment was prepared for these amendments. The proposed amendments are consistent with the General Plan and it has been determined that no potentially significant effect to the environmentwill resultfrom the proposed amendments. tGt� i?� Director o anning and Building City Manager ATTACHMENTS: 1. Minutes of the July 12, 2000 and August 23, 2000 Planning Commission meeting 2. Legislative Draft. 3. Draft Ordinance. CASE NOS. 5.0833 and 5.0848 ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 Section 9100.08: EFFECTS OF ZONING A. Application of Provisions. The provisions of this Zoning Code governing the use of land, buildings and structures,the size of yards abutting buildings and structures,the height and bulk of buildings,the density of population,standards of performance and other provisions are declared to be in effect upon all land included within the boundaries of each and every zone established by the Zoning Code. B. Conflicting orAmbiguous Provisions. In any case where there maybe conflicting or ambiguous provisions within this Zoning Code, the director of planning and building eanwnanity develepmen ,or his authorized representative,shall determine the applicability of such provisions. Such determination may be appealed to the planning commission. Section 9100.09: ENFORCEMENT A. The city atterney, the police chief, the director of planning and building e&itntdfti1y developmem , the city clerk and all officials charged with the issuance of licenses or permits, shall enforce the provisions of this Zoning Code. Section 9100.10 DEFINITIONS A. When not inconsistent with the context,words used in the presenttense include the future; words in the singular number include the plural;and those in the plural numberinclude the singular; "or" iiwiudes "and" and "and" imelades"e ." "And" indicates that all the connected words or provisions shall apply. "Or"indicates that the connected words or Provisions may appy sigularly but not in combination.. The word "shall' is mandatory; the word "may" is permissive. "Administrator"means the zoning administrator,orthe director of eornirritimity develo planning and building in his capacity of zoning administrator. 'Building height'means the vertical distance plus eighteen(18)inches measured from the average grade at the curb adjacent to the property or from the top of the crown of the roadway if there is no curb, exclusive of exceptions permitted in Section 93.03.00. In the event of hillside lots, lots in excess of twenty thousand (20,000) square feet or lots where the approved pad height is greater than eighteen (18) inches above or below the curb level, the planning director or planning commission may establish the point of measurement at a level higher or lower than the curb or crown of street. The building height for large parcels in excess of 30,000 square feet shall be measured from adjacent natural grade unless otherwise established by the planning commission. "Child care center" means any establishment, activity or use of a site providing group day-care services(less than twenty-four(24)hours)for children other than those residing on-site including a day nursery, play group, after-school group, pre-school group or kinder college. "Dwelling" means a building or portion thereof designed exclusively for residential occupancy, 107 CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 2 including one-family and multiple-family dwellings, but not including hotels, boarding or lodging houses,ormobilehomes or trailers,exceptwhen installed on a permanent foundation, ormotorized homes. "Fairway lots"means lots which are a portion of a golf course development and have their rear or side yard abutting co terminuswith the golf course fairway. "Foot candle" means a measurement unit used in determining lighting levels. "Frontage"means that portion of a parcel of propertywhich abuts a public or approved private street or highway, measured along the future street line as indicated on the general plan or setback ardin_ DI"Qil-f�7GC. n Ftitdre street line" means the futdre right of-way 'One for a major or seeandary highway or tra the setbaeltardinance. A yard abutting stich a highway or street shall be measured frarn this fi right of-way line_ "Glare" means a harsh dazzling light. "Gross area"means the total horizontal area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. "Guest room" means a room which is designed to be occupied by one (1) or more guests for sleeping purposes, and having no kitchen facilities, not including dormitories. "Hotel"means any building or portion thereof containing six(6)or more guest rooms used by six(6) or more guests,for compensation(excepting jails and hospitals),where provision for cooking may be made in a limited number of individual suites, and which rooms are designed and intended as temporary or overnight accommodations. Sueh hotel may not have aecessery commercial uses except that food service rn ay be provided selely for the convenien ee of the g tiests the feef. Also see "Hotel, Resort." "Spa"means a facility which provides an integrated combination of fitness,beauty,rejuvenation and relaxation programs. AAprimary use spa is one where the The minimum facilities provided shall be a beauty salon, and steam room and/or sauna,showers and therapy pool, and sequestered rooms for massage and body treatments. An accessory use spa is one where the focus is relaxation and therapeutic programs rather than fitness and beauty. If a facility is an accessory use spa the provision for minimum facilities is not required. pfogferns provided. Stich faeility shall earnmy witli eliapter 5.34 of the Mdnicipal Code. Section 9202.01 USES PERMITTED (RGA) C. Uses Permitted by Conditional Use Permit. The following uses may be permitted, subject to approval of a conditional use permit, as provided in Section 94.02.00: 1. Public parks, recreational areas and public schools; 190A �' CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 3 2. Private clubs, golf courses, tennis and swimming clubs; 3. Churches on sites of two (2) acres or more; 4. Assisted living facilities and convalescent homes,subjectto the provisions of Section 94.02.00(H)(7); and provided, property on which such use is proposed is located one hundred fifty (150) feet from any R-1 zone district; 5. Resort hotels, on parcels not less than twenty (20) acres in area, subject to the requirements in Section 92.04.01(A)(2); 6. Accessory buildings and uses customarily incidentto the permitted uses listed above and located on the same lot therewith; 7. Accessory apartments subject to the provisions of Section 93.18.00; 8. Child care centers; provided, the subject site is located on a major or secondary thoroughfare. (Ord. 1553 (part), 1998; Ord. 1551 (part), 1998; Ord. 1418 (part), 1992; Ord. 1347 (part), 1990; Ord. 1294 (part), 1988) 9. Spas as an accessory use to a Hotel subiect to the following standards a. The facility is to serve hotel guests only. b. The Hotel has a minimum of 15 guest rooms. C. Staff shall be licensed and trained in the particularorograms provided in accordance with Chapter 5.34 of the Municipal Code. d. Such facility shall comply with Chapter 5.34 of the Municipal Code. Section 9203.01 USES PERMITTED (R2) B. Similar Uses Permitted by Commission Determination.The commission may,by resolution of record, permit any other uses which it may determine to be similarto those listed above and not more obnoxious ordetrimental to the public health,safety and welfare or to other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.03.03. stibject to the provision of Sectiom 93.16.00. C. Uses Permitted by Conditional Use Permit.The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00. 1. Accessory apartments subject to the provisions of Section 93.18.00; 2. Assisted living facilities and convalescent homes,subject to the provisions of Section 94.02.00(H)(7); 3. Child care centers; 4. Churches; 5. Country clubs, golf courses, tennis and swimming clubs; 6. Hospitals; 7. Hotels in which more than ten (10) percent of the guest rooms contain kitchen facilities; 8. Private education institutions; 9. Professional offices, provided: a. The subject site must be located fronting on a major thoroughfare as indicated on the city' s general plan, b. The only allowable sign shall be an identification sign for the building complex,with ls04 # CASE NOS, 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 4 public convenience signs as necessary, C. All development standards of Section 92.08.00 can be met; 10. Public parking areas, not as an accessory to uses permitted in this zone, pursuant to Section 93.06.00, and as follows: a. The property proposed for off-street parking use shall abut a commercial zone or on an alley which is the boundary with such zone, and extends not more than one hundred fifty(150) feet from the boundary; 11. Public parks and recreation areas at locations indicated on the general plan; 12. Public schools at locations indicated on the general plan; 13. Restaurant, in conjunction with hotel, provided the site shall have a minimum area of one hundred twenty thousand(120,000)square feet;or provided, the hotel contains a minimum of thirty (30) guest rooms; 14. Spas as an accessory use to a Hotel subject to the following standards a. The facility is to serve hotel quests only. b. The Hotel has a minimum of 15 guest rooms. C. Staff shall be licensed and trained inthe particular programs provided in accordance with Chapter 5.34 of the Municipal Code. d. Such facility shall comply with Chapter 5.34 of the Municipal Code 44715. Time-share projects subject to the provisions of Section 93.15.00; provided the subject site must be located fronting on a major or secondary thoroughfare as indicated on the city' s general plan; 4-5-16. Video/amusement arcades as a secondary use in conjunction with a resort hotel subjecttothe provisions of Section 93.16.00. (Ord. 1553(part), 1998; Ord. 1551 (part), 1998; Ord. 1418 (part), 1992; Ord. 1347 (part), 1990; Ord. 1300 (part), 1988; Ord. 1294 (part), 1988) Section 9204.01 USES PERMITTED (R3) D. Uses Permitted by Conditional Use Permit.The following uses maybe permitted subject to approval of a conditional use permit, as provided in Section 94.02.00: 1. Assisted living facilities, subject to the provisions of Section 92.04.00(H)(7); 2. Athletic, sport and recreation clubs; 3. Child care centers; 4. Churches; 5. Convention centers; 6. Country clubs, golf courses, driving ranges, tennis and swimming clubs; 7. Hospitals; 8. Hotels and resorthotels(subjecttothe provisions of Section 92,04.01(A)(2))inwhich more than ten (10) percent of the guest rooms contain kitchen facilities; 9. Incidental oraccessory commercial uses, located within hotels containing less than one hundred (100) guest rooms and operated primarily for the convenience of the hotel guests; providing,such total commercial uses shall occupy not more than twenty(20) percent of the gross floor area of the hotel buildings; 10. Museums; 11. Private educational institutions; 12. Private clubs and lodges not as an accessory to a hotel; CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 5 13. Professional offices, provided: a. The subject site must be located fronting on a major thoroughfare as indicated on the city' s general plan, b. The only allowable sign shall be an identification sign forthe building complex,with public convenience signs as necessary, C. All development standards can be met; 14. Public parks and recreational areas at locations indicated on the general plan, 15, Public schools at locations indicated on the general plan; 16. Restaurants; provided that, they are an integral part of a hotel which contains from thirty (30) to ninety-nine (99) guest rooms; 17. Restaurants,but not including cafeterias,drive-in ordrive-through restaurants orfast food service establishments; provided that, the following minimum criteria will be met in all cases: a. The site shall have a minimum frontage of one hundred (100) feet on a major thoroughfare with a minimum lot size of thirty thousand (30,000) square feet of net lot area, b. The site area shall be a minimum of one hundred fifty (150) feet from any single- family residential zone, C. Parking within the required front yard setback shall be prohibited, and d. A minimum of twenty-five(25) percent of the total site area shall be maintained as landscaped open space; 18. Sound stages, as an accessory use to a resort hotel; 19. Spas as an accessory use to a Hotel subject to the following standards a. The facility is to serve hotel guests only. b. The Hotel has a minimum of 15 guest rooms. C. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code. d. Such facility shall comply with Chapter 5.34 of the Municipal Code 49-20. Time-share projects subject to the provisions of the Section 93.15.00; 29-21. Video/amusement arcades as a secondary use in conjunction with a resort hotel subject to the provisions of Section 93.16.00. (Ord. 1553(part), 1998;Ord. 1551 (part), 1998; Ord. 1418 (part), 1992; Ord. 1347 (part), 1990; Ord. 1300 (part), 1988; Ord 1294 (part), 1988) Section 9205.01 USES PERMITTED (R4) D. Uses Permitted by Conditional Use Permit.The following uses maybe permitted subjectto approval of a conditional use permit, as provided in Section 94.02.00: 1. Hotels and resort hotels(subject to the provisions of Section 92.05.01(A)(2))in which more than ten (10) percent of the guest rooms contain kitchen facilities; 2. Private clubs not as an accessory to a hotel; 3. Professional offices, provided: a. The subject site must be located fronting on a major thoroughfare as indicated on the city' s general plan, b. The only allowable sign shall be an identification sign for the building complex,with public convenience signs as necessary, C. All development standards can be met; 4. Public and semi-public uses as follows: a. Assisted living facilities, subject to the provisions of Section 94.02.00(H)(7), , ir$ /, CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 6 b. Athletic and health clubs as an accessory to a hotel, C. Automobile parking lots and structures not in conjunction with a permitted use, subject to the provisions of Section 93.06.00, d. Child care center, e. Churches, f. Civic uses and community center buildings, g. Convention centers, h. Museums; 5. Restaurants,butnotincluding cafeterias,drive-in ordrive-through restaurants or fast- food establishments;provided that,they are an integral part of a hotel which contains from thirty(30) to ninety-nine (99) guest rooms; 6. Sound stages, as an accessory use to a resort hotel; 7. Spas as an accessory use to a Hotel subject to the following standards a. The facility is to serve hotel guests only. b. The Hotel has a minimum of 15 guest rooms C. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code d. Such facility shall comply with Chapter 5.34 of the Municipal Code 7.8. Time-share projects subject to the provisions of Section 93.15.00; 8. 9. Video/amusement arcades as a secondary use in conjunction with a resort hotel subjectto the provisions of Section 93.16.00. (Ord. 1553(part), 1998;Ord. 1551 (part), 1995; Ord. 1482(part), 1994;Ord. 1418(part), 1992;Ord. 1347(part), 1990,Ord. 1300(part), 1988;Ord. 1294 (part), 1988) Section 9209.01.C.1: USES PERMITTED BY LAND USE PERMIT: INDOOR USES (CBD) C. Uses Permitted by Land Use Permit. 1. Indoor Uses. a. Art schools; b. Automotive rental agencies as part of a resort hotel. The following standards shall apply: i. Standards prescribed in Section 92.04.01(A)(2), Accessory commercial uses for resort hotels shall be complied with, ii. Number of vehicles stored at the location shall be limited to the number necessary to serve the hotel only, iii. No service or repair facilities for the vehicles shall be permitted at the hotel site, iv. Such useshall bepermitted onlyifthe hotel contains anadequate numberof parking spaces in accordance with the provisions of Section 93.06.00; C. Bicycle rentals (Deleted by Ord. 1347); d. Bicycle rental agencies; e. Blueprinting and photocopying; f. Catering in conjunction with permitted main use; g. Child care centers; h. Conversion ofexisting upper-story floor area to apartments.The following standards shall apply: i. Each unit shall contain complete kitchen and sanitary facilities, /s,9 /� CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 7 ii. No outdoor storage may be visible from any street, iii. Such conversion shall be subject to applicable building code provisions, iv. Additional standards asdeemed appropriate by the director of planning and zoning, including considerations for open space, parking, and trash collection; i. Delicatessens; j. Farmers market; k. Festivals and exhibits; I. Food services and restaurants, all types unless otherwise regulated; M. Ice cream parlors; n. Post office branches; o. Offices(except contractors)and financial institutions on the street level which are in excess of five thousand (5,000) square feet of gross floor area, but offices and financial institutions which front a streetwithin the historic village center shall not exceed two thousand five hundred (2,500) square feet of gross floor area; P. Spas provided that the staff is licensed and trained in the particular programs Provided as outlined in Chapters 34 of the Municipal Code and such facility complies with Chapter 5.34 of the Municipal Code; q. Specialty marketplaces; r. Take-out food service in conjunction with permitted restaurant use; S. Valet cleaning service. Section 9209.01.D: USES PERMITTED BY CONDITIONAL USE PERMIT (CBD) D. Uses Permitted by Conditional Use Permit. 1. Automobile parking (Deleted by Ord. 1418); 2. Automobile service stations designed and constructed as an integral part of an automobile parking structure; 3. Automobile showrooms(at least fifty(50) percent of autos displayed for sale shall be new or classic cars); 4. Beer gardens; 5. Cocktail lounges and nightclubs with or without dancing; 6. Discotheques; 7. Financial institutions with drive-through facilities; 8. Hotels in which more than ten (10) percent of the guest rooms contain kitchen facilities; 9. Liquor stores; 10. Lodges, meeting halls, private clubs; 11. Offices(except contractors)and financial institutions in excess of two thousand five hundred(2,500)square feet of gross floor area which front a street withi n the historic village center; 12. Recreational facilities, commercial; 13. Spas as an accessory use to a Hotel subiect to the following standards a. The facility is to serve hotel guests only. b. The Hotel has a minimum of 15 guest rooms C. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code. d. Such facility shall comply with Chapter 5.34 of the Municipal Code r64/'0$ CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 8 4-3.14. Tennis courts (Deleted by Ord. 1418); +4.15. Time-share projects subject to the provisions of Section 93.15.00; +516.7Video/amusement arcades as a primary use, and video/amusement machines as a secondary use,except as otherwise regulated, subjectto the provisions of Section 93.16 00; and provided that, such arcades/machines are located no closer than three hundred (300)feet to any other such use. (Ord. 1553(part), 1998; Ord. 1502(part), 1995; Ord. 1423(part), 1992; Ord. 1418 (part), 1992; Ord. 1385, 1991; Ord. 1366 (part), 1991; Ord. 1347 (part), 1990, Ord. 1333 (part), 1989; Ord. 1294 (part), 1988) Section 9212.01.A: USES PERMITTED (Cl) A. Uses Permitted. Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses.All uses shall be subject to the standards in Section 92.12.03. 1. Accessory uses customarily incidental to the permitted uses and located on the same lot therewith; 2. Antique shops; 3. Apparel stores; 4. Art galleries; 5. Artists studios; 6. Art schools; 7. Athletic or health clubs; 8. Auto parts (Deleted by Ord. 1502); 9. Bakeries, retail; 10. Banks and savings and loan institutions; 11. Barber shops; 12. Baths (Deleted by Ord. 1502); 13. Beauty parlors and colleges; 14. Bicycle sales including accessory repair; 15. Blueprinting and photocopying; 16. Book and stationery stores; 17. Catering, in conjunction with a permitted food service use; 18. Confectionery stores; 19. Dancing studios; 20. Department stores; 21. Drug stores; 22. Film and camera sales and exchange; 23. Florist shops; 24. Food stores and delicatessens; 25. Furniture stores; 26. Gift and hobby shops; 27. Hardware and appliance stores; 28. Hotels and resort hotels subject to the R-3 zone standards, Section 92.04.00; 29. Jewelry stores; 30. Laundromats (Deleted by Ord. 1324); 31. Libraries; CASE NOS. 5.0833 AND 5,0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 9 32. Liquor stores (Deleted by Ord. 1324); 33. Medical /sick room supplies (retail) 33-34 Modeling schools; 34 35. Movie, radio and TV production and broadcast facilities; W- 6 Multiple-family dwellings subject to the R-3 zone standards, Section 92.04.00; 36--37 Museums; 3�38 Music shops; 38739 Newsstands; 39-40 Offices not including storage or presence of goods,materials, supplies orequipment not consumed or used by office use on the premises, or storage or presence of vehicles not used to transport business personnel or patrons to and from the premises; 40.41 Pet stores, pet grooming; 44.42 Photographers studios; 4-2-43 Private clubs; 43.44 Restaurants, with or without outdoor dining, excluding drive-in or drive-through restaurants, orthose within mixed-use developments in excess of twenty thousand(20,000)square feet of floor area; 4445 Security exchange; 45.46 Shoe stores; 46-47 Small appliance shops and service; 47-48 Supermarkets; 48-49 Tailor shops; 49-50 Theaters, movie and legitimate stage; 60-51 Travel agencies; 51 52 Toy stores; 52--53 Used/consignment merchandise in conjunction with new merchandise orantiques, provided fifty (50) percent of stock is new merchandise or antiques; 53.54 Video/amusement machines as an accessory use subject to the provisions of Section 93.16.00; Section 9212.01.C.1: USES PERMITTED BY LAND USE PERMIT: INDOOR USES (Cl) C. Uses Permitted by Land Use Permit. 1. Indoor Uses. a. Auction houses, pursuant to Chapter 5.04 of the Municipal Code; b. Automotive rental agencies as part of a resort hotel. The following standards shall apply: i. Standards prescribed in Section 92.04.01(A)(2), Accessory Commercial Uses for Resort Hotels shall be complied with, ii. Number of vehicles stored at the location shall be limited to the number necessary to serve the hotel only, iii. No service or repair facilities for the vehicles shall be permitted at the hotel site, iv. Such use shall be permitted only if the hotel contains an adequate number of parking spaces in accordance with the provisions of Section 93.06.00; C. Bicycle rental; d. Catering in conjunction with permitted main use; CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 10 e. Child care centers; f. Conversion of existing upper-story floor area to apartments.The following standards shall apply: i. Each unit shall contain complete kitchen and sanitary facilities, ii. No outdoor storage may be visible from any street, iii. Such conversion shall be subject to applicable building code provisions, iv. Additional standards as deemed appropriate by the director of planning and zoning, including considerations for open space, parking, and trash collection; g. Farmers market; h. Festivals and exhibits; i. Ice cream parlors; j. Restaurants within mixed-use developments; k. Spa as an accessory use to a beauty parlor provided the staff is licensed and trained in the particular programs provided as outlined in Chapter 5.34 of the Municipal Code and such facility is in compliance with Chapter 5.34 of the Municipal Code. _I Special purpose schools; 1.m Take-out food service in conjunction with permitted restaurant use; m.n Valet cleaning service. Section 9212.01.D: USES PERMITTED BY CONDITIONAL USE PERMIT (Cl) D. Uses Permitted by Conditional Use Permit.The following uses maybe permitted subject to approval of a conditional use permit, as provided in Section 94.02.00: 1. Ambulance services,and accessory uses customarily incident to the permitted use; provided,the site is located on a major or secondary thoroughfare as indicated bythe general plan; 2. Automobile parking lots not in conjunction with a permitted use, subject to the provisions of Section 93.06.00; 3. Automobile parking structures; 4. Auto parts and accessories, retail, and installation of same; 5. Automobile sales agencies(at least fifty(50)percentof autosdisplayed forsaleshall be new); 6. Automobile service stations; 7. Car washes; 8. Churches; 9. Cocktail lounges and night clubs as a primary use; 10. Commercial recreational facilities; 11. Convenience stores; 12. Convention center; 13. Drive-through facilities; 14. Hotels in which more than ten (10) percent of the guest rooms contain kitchen facilities; 15. Laundromats; 16. Liquor stores; 17. Lodges, meeting halls; 18. Motorcycle Rental provide there is not fluid service or engine part removal or repair conducted on the premises. All activities including instructions and driver checkout Is'A /r CASE NOS. 5,0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 11 are to be conducted on private property within an approved parking area. +8-.19 Pawnshops, provided that no pawnshop is located closer than two thousand five hundred (2,500) feet to another; 4-9720 Restaurants within a hotel containing from thirty(30)to ninety-nine(99)guest rooms; 2011 Spas provided the staff is licensed and trained in the particular programs provided and such facility is in compliance with Chapter 5.34 of the Municipal Code; 22. Spas as an accessory use to a Hotel subject to the following standards. a. The facility is to serve hotel guests only. b. The Hotel has a minimum of 15 guest rooms. C. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code. d. Such facility shall comply with Chapter 5.34 of the Municipal Code. 2+.23. Thrift shops operated by charitable organizations; -22.24. Time-share projects subject to the provisions of Section 93.15.00; 23-25. Video/amusement arcades as a primary use subject to the provisions of Section 93.15.00; 24-.26. Video/amusement machines as a secondary use subjectto the provisions of Section 93.16.00. (Ord. 1553(part), 1998;Ord. 1551 (part), 1998;Ord. 1502(part), 1995; Ord. 1418(part), 1992;Ord. 1366(part), 1991;Ord. 1347(part), 1990;Ord. 1324(part), 1989; Ord. 1294(part), 1988) Section 9212.02 USES PROHIBITED All uses and structures not permitted in Section 92.12.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this zone by commission determination: A. Automobile sales, used, as a primary use, and major repair; B. Dog kennels and catteries; C. Industrial uses; D. Motor scooter, motorbike and motorcycle rentals andsales, both as a primary and accessory use; E. Single-family residences; F. Wholesale and warehousing; G. Thrift shops not operated by charitable organizations; H. Mobilehome parks.(Ord. 1553(part), 1998;Ord. 1502(part), 1995;Ord. 1418(part), 1992; Ord. 1294 (part), 1988) Section 9213.01.C.1: USES PERMITTED BY LAND USE PERMIT: INDOOR USES (C1AA) C. Uses Permitted by Land Use Permit. 1. Indoor Uses. a. Automotive rental agencies as part of a resort hotel. The following standards shall apply: i. Standards prescribed in Section 92.04.01(A)(2), Accessory Commercial Uses for Resort hotels shall be complied with, ii. Number of vehicles stored at the location shall be limited to the number necessary to serve the hotel only, I s"A 1? CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 12 Ji. No service or repair facilities for the vehicles shall be permitted at the hotel site, iv. Such use shall be permitted only if the hotel contains an adequate numberof parking spaces in accordance with the provisions of Section 93.06.00; b. Catering in conjunction with permitted main use; C. Child care centers; d. Delicatessen (provided no animals are kept or slaughtered on the premises), e. Farmers market; f. Festivals and exhibits; g. Ice cream parlors; h. Liquor store; i. Restaurants; Spa as an accessory use to a beauty parloror health/athletic club provided the staff is licensed and trained in the particular programs provided and such facility is in compliance with Chapter 5.34 of the Municipal Code j.k. Take-out food service in conjunction with permitted restaurant use. Section 9213.01.D: USES PERMITTED BY CONDITIONAL USE PERMIT (C1AA) D. Uses Permitted by Conditional Use Permit.The provisions of Section 94.02.00 shall apply. 1. Auto parking structures; 2. Discotheques, nightclubs and cocktail lounges; 3. Drive-through facilities, unless otherwise prohibited; 4. Grocery store,subject to the C-D-N zone standards,Section 92.10.00,and applicable provision of the general plan; 5. Hotels in which more than ten (10) percent of the guest rooms contain kitchen facilities, subject to the standards in the R-4 Zone, Section 92.05.00; 6. Liquor store; 7. Spas provided the staff is licensed and trained in the particular programs in accordancewith Chapters 34 of the Municipal Code and provided such facility is in compliance with Chapter 5.34 of the Municipal Code.; 8. Spas as an accessory to a Hotel subject to the following standards a. The facility is to serve hotel guests only. b. The Hotel has a minimum of 15 guest rooms C. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code d. Such facility shall comply with Chapter 5.34 of the Municipal Code 8.9. Time-share projects subject to the provisions of Section 93.15.00; 9-.TO. Video/amusement arcades as a secondary use in conjunction with a resort hotel subject to the provisions of Section 93.16.00. (Ord. 1553(part), 1998; Ord. 1502(part), 1995; Ord. 1482(part), 1994;Ord. 1418(part), 1992;Ord. 1366(part), 1991;Ord. 1324(part), 1989; Ord. 1294 (part), 1988) Section 9214.01.C.1: USES PERMITTED BY LAND USE PERMIT: INDOOR USES (C2) C. Uses Permitted by Land Use Permit. CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 13 1. Indoor Uses. a. Automobile rental agencies; b. Bicycle rental; C. Catering in conjunction with permitted main use; d. Child care centers; e. Classic auto sales; f. Estate sales; g. Farmers market; h. Festivals and exhibits; i. Gun shops; j. Ice cream parlors; k. Nurseries, including outdoor storage of plants only; I. Recycling collection center as an accessory use; M. Restaurants within mixed-use developments in excessof twentythousand(20,000) square feet of floor area; n. Spa as an accessory use to a beauty parlor provided the staff is licensed and trained in the particular programs as outlined in Chapter 5.34 of the Municipal Code and provided such facility is in compliance with Chapter 5.34 of the Municipal Code m.o. Take-out food service in conjunction with permitted restaurant use; e-n Thrift shops. Section 9306.C.4: PARKING DESIGN STANDARDS: LIGHTING 4. Lighting. Parking lot lighting must be in accordance with Section 9321 00: Outdoor Lighting Standards. GarnmereFal andkidtistroal establishments shall provide night-lighting throughout required parIft a. Entries to pafkimg areas for all multiple residemfial, commercial amd industrial developments shall provide safety lighting as approved by the plamming earnmission. b. The light souree shall not be visible frorn off the property,shall met direct light Skyward, and shall be so arranged to reflect light away frarn adjoining properties and street. Light standard heights she"be as per rn8Mt1faCtUFeF'8 Feeernmended phaternetries, but On me case she"the he�gN exceed the niaxonitirm permitted building height of the Pone in whieh it is siWated or eighteen(18)feet-, whachevef is 'ess. Graduated light standard heights within a site with lower heights in periphefa4 areas deney be Feeltiffed bythe planning eernrn:ss:on'to provide compatibility with adjoining pfoperties and streets. Illumination levels in parking aFeas which require lighting she"be an average of onev"171 footeand'e with a ratio of average light to rnininitini light of four to one (41). Up lightin" 'andscaping, Iaw level walk lights and lighting diffused off of we" surfaces afe also eneeuragg�ed- Lighting plans she" take into account the placement and gFewth of landscape Materials. Light stamdafels should be plaeed between parkimg spaces. Section 9306.E OFF STREET PARKING: DESIGN DIMENSIONS E. Design Dimensions.The off-street parking area design criteria,as set forth as follows, exemplify minimum dimensions necessary for traffic circulation, ingress and egress, and public safety to and through parking areas,while setting aside ample open space to integrate landscaping, /5*44 i CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 14 lighting and pedestrian design features into the plan to create an off-street parking area aesthetically complimentary to the urban environment. In order to allow for innovative designs to be explored,alternate designs maybe considered and approved bythe planning commission.While this provision is not intended to allow deviation from the minimums as set forth herein, it is to provide flexibility in the application and structuring of landscaping and related environmental elements. The following parking lot dimensions shall apply to all parking lots constructed in accordance with this Zoning Code. In event practical difficulties and hardships result from the strict enforcement of the following standards due to existing permanent buildings, or an irregular shaped parcel, administrative relief may be granted by the director of planning and building according to Section 9306.00B.10. and Section 9402.01 (Minor modification). Parking Dimensions--Ninety (90) Degree Angle (See Exhibit F-1 found at the end of this section). 1. Parking spaces shall be seventeen(17)feetdeep(standard)and fifteen(15)feet deep (compact), except where nose to nose deep (see subsection (E)(8) of this section). 2. Parking spaces shall be nine (9) feet wide (standard) and eight (8) feet wide (compact). 3. A driveway adjoining adouble rowof parking spaces shall betwenty-six(26)feetwide. Driveways adjoining a single-row of spaces shall be twenty-four (24) feet wide. 4. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings or other structures. This requirement excepts driveways that are not a part of the maneuvering area for parking. 5. Peripheral planting areas are required every ten(10)spaces.The planters shall have a minimum exterior width of nine (9) feet and provide at least six (6) foot minimum planting width. 6. Curbs shall be placed at a minimum of two feet from the face of walls, fences or buildings adjoining driveways which are not part of a maneuvering area. (See subsection (E)(4) of this section where drive adjoins a maneuvering area). 7. Tree wells/median islands shall have a planting area of six(6)feet in diameter/width. 8. Nose-to-nose parking spaces shall be nineteen (19) feet long (standard) and seventeen (17) feet long (compact). 9. Cumulative dimensions. (Deleted by Ord. 1300) 10. Driveway widths shall be twenty-four (24) feet minimum and constructed to city standards. The director of planning and building may require a wider driveway to accommodate needs. 11. First parking space shall be ten (10) feet minimum distance from property line adjacent to the street. The director of planning and building may require a greater distance 12, Six (6) inch PCC curb and gutters shall be installed, except that six (6) inch PCC vertical curbs may be installed in-lieu of curb and gutters if no drainage is carried along curb line. Where a six(6) inch PCC vertical curb is used, a two (2)foot wide concrete gutter section shall be installed along drainage lines. Individual wheelstops shall be prohibited unless approved by the director of planning and building. 13. Concrete walks with a minimum width of two(2)feet shall be installed adjacentto end parking spaces or end spaces may be increased to eleven (11) feet wide. 14. Curb radii shall be three (3) feet minimum. 15. One-way drives shall be fourteen (14)feet minimum wide. Two-way drives shall be twenty-four (24) feet minimum wide. CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 15 16. Cumulative dimension. (Deleted by Ord. 1300) 17. Parallel parking spaces shall be eight(8)feet wide by twenty-four(24)feet long.The length maybe reduced to eighteen(18)feet, if a six(6)foot separation(no parking area)is provided between every two (2) spaces. 18. Single-family covered parking spaces shall be ten (10)feet wide by twenty(20)feet long. 19. Handicapped Parking Spaces. See Section 93.06.00(C)(10). Other dimensions as accepted by the Institute of Traffic Engineers maybe approved by the director of planning and building or planning commission. Parking Dirnensiens--45'160' angle (See Exhibit F 2 found at the end of this section) fr 8 G B E ;_ 45'Standard +V 9' +8' S' 334? 18'6? 4-& 9' 4-8' S' W 16'3? 60' Standard +7.! 9' W 51 37'6-? 193? 45' 6' W 5 34' 4716-7 AISLE WIDTH* PARKING ANGLE (IN DEGREES) 30 45 60 75 One Way Traffic 12' 14' 18' 20' Two Way Traffic 20' 21' 22' 22' * These dimensions are face-of-curb to face-of-curb for curb and gutter aisles, or edge of pavement to edge of pavement for strip paved aisles. * Nose -to-nose parking spaces shall be an additional two (2) feet in length. Section 9319.00 PROPERTY MAINTENANCE STANDARDS The economic welfare, residential attractiveness and community character of Palm Springs are attributable to its unique aesthetic features and setting.The city finds that proper maintenance of properties is necessary to protect the welfare, attractiveness and character of the community. A standard of maintenance guards against unsafe and unhealthful conditions which can cause neighborhood deterioration. To insure a proper standard of maintenance, all properties in the city, including all areas between the extensions of side property lines to the centerline of adjacent streets, shall be subject to the following provisions: 1. All properties,including vacant properties,shall be keptfree of trash, building materials orthe storage of othergoods which are visible from the street or adjacent properties. Properties shall also be kept free of excessive vegetative undergrowth. 2. Buildings, including accessory structures, trellises, awnings and other similar features,shall be maintained in a condition free of the following abuses including, but not limited to: loose roofing and siding materials,unconcealed roof equipment, peeling paint orfaded stain,broken or cracked windows, any unsafe structural element or other items which would degrade the 60A W CASE NOS, 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 16 appearance and/or safety of the structure. 3. Site improvements shall be maintained in a condition to guarantee safety and quality appearance and shall include but not be limited to: parking and walking areas free of weeds and excessive sand and dirt, visible parking lot striping, paving materials (including walkways) which provide a smooth, unbroken surface,unbroken curbs and gutters, litterfree trash and loading areas, walls and fences in a sturdy condition and free of graffiti or the like, fountains or other water uses which arefree of potential health dangers, lighting, signs, bicycle racks, internal traffic control items such as speed bumps, and drainage control items which are maintained in safe repair. 4. Landscaping improvements shall be maintained in a healthy condition and complementary to neighboring buildings and properties.Such maintenance shall include,but not be limited to: lawns which are watered and trimmed to a uniform height, flowers and ground covers which are healthy and uniform in their appearance, and shrubs and trees which are trimmed and pruned to retain their health and adequate clearance over pedestrian and vehicular areas. Landscaping incorporating bare earth or gravel shall be kept free of weed growth. Plant materials designated on a landscape plan shall be retained in their natural shape unless otherwise denoted on the approved plan. 5. Irrigation systems shall provide adequate irrigation to all plant materials to allow normal growth, retain water within planted areas and be maintained in an operative condition. 6. Any other provisions established by the planning commission to insure proper maintenance of properties including maintenance standards established through architectural advisory committee, conditional use permit, or planned development district reviews. (Ord. 1294 (part), 1988) 7. Motor vehicles including automobiles and trucks are to be parked in areas constructed for motor vehicles and shall not be parked or stored in other portions of the front or side yard, particularly not on what is commonly referred to as the front lawn. Section 9320.03 SIGNS: DEFINITIONS 25. "Sign"means any identification,description, illustration ordevice illuminated ornonilluminated, which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, place, activity, person, institution, business or solicitation with the exception of window display.Any emblem, painting, banner, pennant, placard, lighting or other item,designed to advertise, identify or convey information shall be considered a sign. National flags or flags of political subdivisions shall not be construed as signs. Unless otherwise states, an An interior unlit sign or graphic, other than sale sign, with letters or numbers less than two (2) inches high per foot of distance from the street front glass shall be exempt from provisions of the sign ordinance. Unless otherwise stated.this The sign ordinance does not apply to signs located further than three (3) feet from the street front glass. a. This definition shall not include official notices issued by any court or public body or officer or directional warning or information sign or structures required by or authorized by law or by federal, state,county or city authority. Nor shall itapplyto an interior unlit sign or graphic, otherthan a sale sign,with letters or numbers less than two(2)inches high per foot of distance from the street front glass nor to signs located further than three (3) feet from the street front glass. /0<0#014 0"114L CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 17 Section 9320.05.A PERMITTED SIGNS - COMMERCIAL & INDUSTRIAL BUSINESS: MAIN SIGNS A. Main Signs. The number and area of signs as outlined in this section are intended to he maximum standards and do not necessarily insure architectural compatibility. In addition to the enumerated standards, consideration shall be given to a sign's relationship to the overall design of the subject property and the surrounding community. 1. Signs for Residential Uses in a Commercial Zone. Section 93.20.06 shall apply. 2. Signs for Commercial and Industrial Uses. Except as otherwise provided in this section, each separate business shall be limited to one (1) main sign. Where a monument or freestanding the sign is located at a right angle to the right-of-way, each face may be allowed seventy-five (75) percent of the area otherwise permitted for the applicable a main sign. Relative thereto, the following provisions shall apply: a. Buildings Within One Hundred (100) Feet of Right-of-way. The maximum area of a main sign for any business in a building located within one hundred(100)feet ofthe right-of-way upon which it faces shall be one(1)square foot of sign area per lineal foot offrontage which the business has facing on a right-of-way, plaza, promenade, arcade or parking lot (in the case of shopping centers). Except as otherwise provided herein,such signs shall have a surface area no greater than fifty (50) square feet. No such sign shall be closer than ten (10)feet from any other sign permitted hereunder. The main sign must be located adjacent to or on the building facing the right-of-way or parking lot from which its maximum allowable size is determined. b. Buildings One Hundred(100)Feetor More From the Right-of-way.The total aggregate area for a main sign for any business in a building located one hundred(100)feet or more from any right-of-way upon which it faces shall be the equivalent of one and one-half(1 1/2)square feet of sign area per lineal foot of frontage which the building has facing on a right-of-way or parking lot. Except as provided herein, such signs shall have a surface area no greater than seventy-five (75)square feet. No main sign shall be closer than ten (10)feet from any other sign permitted hereunder. The main sign must be located adjacent to the right-of-way or on the building or parking lot from which its maximum allowable size is determined. c, Additional Sign Area for a Single Business in a Building Having Over Fifty(50) Feet of Frontage.Asingle business having a lineal frontage on any right-of-way in excess of fifty(50)feet shall be entitled to, in addition to subsections(A)(2)(a)or(A)(2)(b)of this section, an additional one (1) square foot of sign area for each four (4) feet of frontage in excess of fifty (50) feet up to one hundred (100) feet, and an additional one (1) square foot of sign area for each eight (8) feet of frontage in excess of one hundred (100) feet. d. Businesses Not on the Ground Floor. Businesses fronting on a main thoroughfare maintained exclusively on the second floor of a multiple story building shall be entitled to fifty(50) percent of the sign area authorized for businesses conducted on the ground floor of the building. e. Buildings Within One Thousand (1,000) Feet of the Right-of-Way of Interstate 10. Notwithstanding the regulations of subsections (A)(2)(a) through (A)(2)(d) of this section, the maximum area of a main sign forany business in a building located within one thousand(1,000)feet of the right-of-way of Interstate 10 shall be one and one-half(1'/)square feet of sign area per lineal foot of frontage which the business has facing on the right-of-way of Interstate 10. Except as otherwise provided herein, such signs shall have a surface area no greater than one hundred fifty (150) square feet. No such sign shall be closer than twenty-five (25) feet from any other sign permitted hereunder.The main sign must be located adjacentto or on the building facing Interstate 10. /sWa3 CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 18 3. Height. Except as otherwise regulated,the top of any sign shall not be higher than the building on which it is located and in no event higher than twenty-eight (28) feet. Section 9320.05.B.3 PERMITTED SIGNS - COMMERCIAL & INDUSTRIAL BUSINESS ACCESSORY AND CONVENIENCE SIGNS 3. Pedestrian Sign Directory for Businesses within a Multi-Tenant Building. Shops-Wtthin "-desvr;via„s.Where a multi-tenant building pedestfian areade or mail has been developedw4h steeps,a sign directory may be allowed which will identifythe building orcomplex arcade of rnall and each of the businesses housed in the building or complex Shops which do not have ffontage on the public right ofmway:-The sign directory may be attached to the building or may be a monument sign freestandimg. The mall identification sign shall not be larger than six(6)square feet per side, and the sign for the individual tenants shall be no larger than two (2)square feet per side. Section 9320.06.C.3 PERMITTED SIGNS-APARTMENTS, HOTELS, RESORT HOTELS AND RESIDENTIAL MOBILEHOME PARKS: SPECIAL PROVISIONS: RATE SIGNS. 3. Rate Signs. It is unlawful for any owner or operator of any apartment, hotel or mobilehome park within the city to post or maintain posted on any outdoor or outside advertising sign, pertaining to such establishment, any rates for accommodations in such establishments unless the signs shall have posted thereon the rates charged for all rooms or other rental units or accommodations offered for rental, the number of rooms or other rental units offered for rental at each rate, and the number of persons accommodated at the rate posted.All posted rates and descriptive data allowed by this section shall be an integral part of the principal sign and shall be in a type and material of the same size and prominence as the other elements in the principal sign. Rate signs shall not be posted on temporary signs or interchangeable elements of permitted signs. No additional sign area will be granted forthe specific purpose of the posting of rates.This section shall not be held to be complied with by signs stating the rate per person or bearing the legend"and up." For purposes of this section if a sign is placed inside a building for the purpose of being viewed from outside the building it shall be considered an outside advertising sign and shall be subject to the provisions herein.(Ord. 1538 (part), 1996; Ord. 1294 (part), 1988) Section 9321.00 OUTDOOR LIGHTING STANDARDS SECTION 22. Section 9321.00 is amended to read as follows: 9321.00 OUTDOOR LIGHTING STANDARDS A. INTENT & PURPOSE These regulations are intended to maintain ambient lighting levels as low as possible in order to enhance the City's community character and charm and maintain dark lfxa r CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 19 skies. Area lighting should provide good visibility, minimum glare and minimum spillage onto other properties or into the sky. It is the intent of this Section to encourage,through the regulation of the types, kinds, construction, installation and uses of outdoor electrically powered illuminating devices, lighting practices and systems to conserve energy without decreasing safety, utility, security and productivity while enhancing nighttime enjoyment of propertyandnightskies. These regulations are intended to be consistentwith the requirements of the electrical code, as adopted by the City under Palm Springs Municipal Code Section 8.04.055,except where a different standard is provided based on the local climactic, geological or topographical conditions of the City of Palm Springs. Exterior lighting shall be: • architecturally-integrated with the character of the associated structures, site design and landscape; • directed downward and shielded, or specifically directed to walls, landscape elements or other similar features, so that light is confined within the boundaries of the subject parcel; • installed so that lights do not blink, flash or be of unusually high intensity or brightness; • appropriate in height, intensity and scale to the uses and the site they are serving; • installed in conformance with the provisions of this Section,the Building Code,the Electrical Code, and under appropriate permit and site inspection. B. EXCEPTIONS The following outdoor lighting is not subject to the provisions of this section. 1. All outdoor light fixtures existing and legally installed prior to the effective date of this Section except: • when 50% of more of the existing luminaires are reconstructed or replaced, or • when a tenant or use change causes a change in the hours of operation or intensity of night time use; 2. Lights used for holiday decorations,whendisplayedduringthe period ofdisplayof the City's public holiday decorations; 3. Portable temporary lighting used by law enforcement or emergency services personnel to protect life or property; 4. In single family residential zones,fixtures containing lamps emitting less than 1800lumens (26 watt for flourescent lighting, 50 watt for high intensity discharge, and 100 watt for incandescent) provided the light fixture is fully shielded and properly focused downward to minimize glare and spill light into the night sky and onto adjacent properties and does not exceed a height of fifteen feet; and 5. Street lights erected on public or private right-of-way. Street light design is to be in compliance with City standards. 6. Lighting associated with a Special Event as described in Palm Springs Municipal Code Chapter 6.12. CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 20 C. LIGHTING STANDARDS 1. Parking Area Illumination Levels The minimum maintained illumination requirement is 50 foot candles in the general parking areas "General parking areas' are defined as being 80%of a parking lot excluding entrances or traffic lanes directly in front of store entrances for commercial zones The maximum to minimum foot candle ratios shall not exceed 16:1 with a maximum of 8 footcandles and an average not to exceed 3 footcandles in general parking areas Lighting plans should be designed so that highertraffic areas have sufficient lighting. Vertical lamps shall be utilized Lenses shall not protrude below the lamp screening material that is sag lenses are not permissible Subject to Planning Commission approval the minimum maintained foot-candle requirement may be reduced, so long as the minimum to maximum ration is maintained to below one-half (.5)foot candles in parking areas which are provided with a significant level of ambient light in parking areas that utilize a lightercolored parking surface such as concrete and in parking areas located along a transition with sensitive land uses Also subject to Planning Commission approval the minimum maintained foot-candle requirement may exceed 50footcandleswhen necessary for security or other purposes 2. Entrance Lighting Multi-family residential and nonresidential development shall provide glare-free lightfixtures at building entrances and exits Nonresidential developments shall provide for lighting in accordance with this chapter at all vehicle and pedestrian entrances and on-site vehicle intersections. Entrance lighting may not exceed a height of twelve (12)feet and must be high pressure sodium. In order to promote safety,average lighting levels at entrances shall be equal to the average lighting level of the associated parking lot 3. Spillover Lighting With the exception of light sources that do not exceed a height of three feet above finished grade light sources must be a full cutoff so as to not direct light skyward and shall be so arranged by means of filters or shields to avoid reflecting lighting onto adjoining properties or streets Lighting fixtures that do not exceed a height of three (3) feet above finished grade shall be properly focused to minimize glare and spill light into the night sky and onto adjacent properties Direct lighting of the sky or of the hillside is prohibited except as provided pursuant to Section 5.64 of the Palm Springs Municipal Code (Searchlight Operations) 4, Height In nonresidential zoning districts the height of parking lot lighting must be in scale with the building and structure heights on the site If a building is within forty(40)feet of a property line the lighting between the building and the property line shall be full cutoff shielded wall mounted units rather than free standing light poles. However, in order to allow creativity, the Planning Commission is authorized to allow freestanding lights in the 40 foot area Building mounted lights may be mounted no higher than 18 feet and must be a sharp cutoff. /14#Ia& CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 21 Lighting may not be mounted above the roofline. In commercial and industrial zones pole heights shall notexceed twelve(12)feetforportions of the parking areas which are located within twenty-five(25)feet of a propertvwithin a single-family residential zone. Notwithstanding the above the height of a free standing lightfixture shall not exceed eighteen (18)feet above finished grade. The Planning Commission has the authority to allow the erection of lighting fixtures in excess of eighteen(18)feet in order to provide compatibility with adjoining Properties and streets. When such lighting is located in parking areas located along a transition with sensitive land uses such as hotel or residential uses the height may be limited to twelve(12) feet. 5. Decorative Lighting All decorative lighting utilized in nonresidential and multifamily developments is subject to approval pursuant to Section 9404(Architectural Approval) Such lighting is permitted to remain illuminated throughout the evening 6. Hours of Operation a. All off-street parking areas associated with multi-family residential commercial and industrial uses shall be illuminated at night Multi-family residential lighting systems shall provide the full illumination required herein throughout the night hours Nonresidential uses shall provide the full illumination required during hours the facility is accessible to customers employees and other users with a maximum of 50% of full illumination provided throughout the remainder of night b. Outdoor lighting used for illumination forwalkways,private roadways and streets equipment yards and outdoor security may remain on all night C. Areas which contain approved permanent outdoor storage may be lighted at 50% of full illumination. 8. Permitted Lamp Fixture Types Lighting in parking areas is limited to High Pressure Sodium Metal Halide may be utilized to light architectural elements and pedestrian walkways 9. Tennis Court Lighting Provisions for Tennis Court Lighting is found in Section 9301.01: TENNIS COURTS Section 9402.00.H.8.e.1.a: CONDITIONAL USE PERMIT: CONDITIONS FOR SPECIFIC USES: COMMERCIAL WIND ENERGY CONVERSION SYSTEMS:STANDARD&DEVELOPMENT CRITERIA: HEIGHT LIMITS e. Standard and Development Criteria. i. Height Limits. I�rAOP CASE NOS. 5.0833 AND 5.0848: ADMINISTRATIVE DRAFT SEPTEMBER 20, 2000 PAGE 22 (A) No commercial WECS shall exceed twe hundred (200)-three hundred 300 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. lOOA A Planning Commission Minutes Page 5 of 8 July 12, 2000 Chairman Mills reported, as the architect of the neighboring property which was designed without carports to comply with code and would look significantly different if carports had been an option, that there are not many R-4(28 units allowed per acre) areas in the City and that there is a reason for encouraging underground parking in these areas. He asserted that changing the way R-4is built will begin to change the look of the City. He encouraged the Planning Commission to look at the overall effect of granting this variance request. Principal Planner stated that staff will research carefully the implication of setting a precedence in the R-4 Zone. M/S/C(Jurasky/Raya)5-1, 1 abstain, Mills dissenting,to direct staff to prepare a Resolution of Approval with conditions that the project must meet standards of a 10 foot setback. M/S/C (Jurasky/Matthews) 6-0, 1 abstain, to approve architectural approval subject to conditions and: Wood trellis construction to be resawn wood,employ heavy body stain,steel brackets, and thru bolts; Applicant to work with staff to restudy color; Applicant to submit construction drawings of the patios. Case 5.0833—Application for amendments to the Zoning Ordinance. Principal Planner Sullivan presented the amendments to the Planning Commission. Theproposed text amendments concern five categories, including Miscellaneous (minor editing for clarification purposes only), Commercial Wind Energy Conversion Systems,Outdoor Display of Merchandise, Day Spas, and the Lighting Ordinance. M/SIC (Jurasky/Raya) 7-0 to direct staff to prepare a draft ordinance reflecting recommended text amendments for review at the August 02, 2000 Study Session and consideration at the August 09, 2000 Planning Commission meeting. ARCHITECTURAL APPROVAL: Case 3.1756 —Application by Mike Swartz for an architectural approval to remodel hotel (The Prescott) at 772 Prescott Drive, R-2 Zone, Section 10. Associate Planner Dawson reviewed the renovation plans for proposed Five Star hotel(previously a bed and breakfast inn). He reported that the plans are in two phases and that the first phase has been previously approved by the Planning Commission. He reported that the buildings are 11'high and the property has a six ft. block wall surrounding it. Chairman directed staff to work with Building Division and applicant to assure proper pool enclosure. Planner also reported that a new water feature will be replacing some of the landscaped areas in the exhibited plans and that there Page 7 of 15 Planning Commission Minutes August 23, 2000 Chairman Mills stated that he does not approve of the time share use of this property, has concerns regarding parking, and would like the opportunity to review the architecture. M/S/C (Klatchko/Raya 4-2, 1 absent, Caffery and Mills dissenting to approve subject to conditions in staff report; and A. That the landscaping be upgraded to the satisfaction of the Director of Planning & Building; B. That Condition of Approval #5 be amended to include language that CC&R's shall provide language that advises that the subject and adjacent property shall be run as one, and only one, business and drafted as per the City Attorney. Commissioners directed staff to assure that the layout of the two properties is not a safety issue for pedestrians. Case 5.0833 —Application for amendments to the Zoning Ordinance. Planning Commission will consider amendments regarding: A. Miscellaneous text amendments (minor editing) B. WECS Height C. Day Spas D. Lighting Ordinance Continued from the July 12, 2000 meeting. Principal Planner Sullivan reviewed for the Planning Commission the recommended amendments. Commissioner Raya suggested some revisions to the proposed text including: A. Maximum to Minimum foot candle ratio of 16:1, with an average not to exceed three foot candles; B. Vertical lamps should be utilized; not horizontal lamps; C. Entire parking areas should be lit; D. Building-mounted lights should be no higher than 18 feet; E. Lighting above rooflines be prohibited. �A• 1e Page 8 of 15 Planning Commission Minutes August 23, 2000 M/S/C (Shoenberger/Jurasky 6-0, 1absent) to approve subject to staff's and Commissioner Raya's recommendations as noted during discussion. Case 5.0848 —Text amendment to Section 9212.00 "C-1" Retail Business Zone so as to allow for motorcycle rental in the "C-1" Zoning District subject to a conditional use permit; text amendment to Section 9320.00 (Signs), so as to regulate hotel rate signs and clarify other sign regulations. Principal Planner Sullivan reported no mechanical service will be provided at motorcycle rental operations in the C-1 Zone. She stated, regarding hotel rate signs, that if the signs are indoors but placed in a window to be viewed from outside, they are considered exterior signs. A letter from Mr. Erich Langman, Palm Springs Hotel and Hospitality Association, supporting the text amendment regarding hotel rate signs was circulated and is on file in the Planning Division, Chairman Mills opened the Public Hearing. Mr, Joe Bundura, Eagle Rider, addressed the Planning Commission to state that he looks forward to the possibility of locating his motorcycle rental business within the C-1 Zone. There being no further appearances, the Public Hearing was closed. M/S/C (Caffery/Shoenberger 6-0, 1 absent) to approve amendment as drafted. ARCHITECTURAL APPROVAL: Case 3.1795 —Application by Lowe's Home Improvement Warehouse Western Real Estate Division for a 13,600 square foot expansion to the garden center for project located on the south side of Ramon Road, between Gene Autry Trail and San Luis Rey Drive, M-1 Zone, Section 26. Principal Planner Hayes compared the originally approved (City Council approval on April 05, 2000) landscaping plans and elevations for the Planning Commission. He also reviewed the plans representing the proposal to increase the garden center, reconfigure the drive aisle, and NOTICE OF PUBLIC HEARING PALM SPRINGS CITY COUNCIL Case 5.0833 and 5.0848 AMENDMENTS TO THE ZONING ORDINANCE NOTICE IS HEREBY GIVEN thatthe City Council ofthe City of Palm Springs,California,will hold a public hearing at its meeting of September 20, 2000. The City Council meeting begins at 7:00 p.m. in the Council Chambers at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider a proposed text amendments to the City of Palm Springs Zoning Ordinance. The proposed amendments involve the following: Section 9100.08.A EFFECTS OF ZONING: APPLICATION OF PROVISIONS Section 9100.08.E CONFLICTING OR AMBIGUOUS PROVISIONS. Section 9100.09 ENFORCEMENT Section 9100.10 DEFINITIONS Section9202.01.A "R-G-A"GARDEN APARTMENT&CLUSTER RESIDENTIAL ZONE: USES PERMITTED. Section9202.01.0 "R-G-A"GARDEN APARTMENT&CLUSTER RESIDENTIAL ZONE:USES PERMITTED BYCONDITIONAL USE PERMIT. Section 9203.01 "R-2" LIMITED MULTIPLE-FAMILY RESIDENTIAL ZONE, SIMILAR USES PERMITTED Section 9205.01 "R-4" LARGE SCALE HOTEL AND MULTIPLE-FAMILY RESIDENTIAL ZONE: USES PERMITTED Section 9209.01 "C-B-D" CENTRAL BUSINESS DISTRICT ZONE: USES PERMITTED Section 9212.00 "C-1" RETAIL BUSINESS ZONE Section 9212.01 "C-1" RETAIL BUSINESS ZONE: USES PERMITTED Section 9213.01 "C-IAA" LARGE SCALE RETAIL COMMERCIAL ZONE: USES PERMITTED. Section9214.01 "C-2"GENERAL COMMERCIAL ZONE: USES PERMITTED. Section 9306.00,C OFF-STREET PARKING: PARKING DESIGN STANDARDS Section 9306.00.E OFF-STREET PARKING: DESIGN DIMENSIONS Section 9308.03.E ANTENNAS: REGULATIONS: FAILURE TO CORRECT Section 9319.00 PROPERTY MAINTENANCE STANDARDS Section 9320.00 SIGNS Section 9321.00 OUTDOOR LIGHTING STANDARDS Section 9402.00.H.8 CONDITIONAL USE PERMIT:CONDITIONS FOR SPECIFIC USES: COMMERCIAL WIND ENERGY CONVERSION SYSTEMS (WECS) In general, the proposed amendments: 1. Promote clarity throughout the ordinance. 2. Revise the outdoor lighting regulations. 3. Allow WECS to have a height of 300 feet subject to a Conditional Use Permit. 4. Allow Motorcycle Rental in the C1 zoning district subject to a Conditional Use Permit 5. Revise the Rate Sign regulations. 6. Make provisions for a day spa as an accessory use to a hotel subject to a Conditional Use Permit, and as an accessory use to a beauty parlor or health / athletic club subject to a Land Use Permit. 16 An Environmental Assessment/Initial Study has been prepared and will be reviewed by the City Council at the meeting. A draft Negative Declaration of Environmental Impact has been prepared for the subject proposal. Members of the public may view this document in the Department of Planning and Building, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments to the City Council at, or prior to, the Planning Commission hearing. If any individual or group challenges the action in court, issues raised maybe limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Hope V. Sullivan, Department of Planning and Building, (760)323-8245. PATRICIA A. SANDERS City Clerk Publish: September 5, 2000 O� PALM Sp h �� 2 City of Palm Springs V Ln * * Office of the City Clerk e f p # R•ORLi EO 3200 Tahquirz Canyon Way • Palm Springs,California 92262 cq< Fp RN\p TEL:(760)323-8204 •TDD (760)864-9527 OUR FAX NO. (760) 322-8332 DATE : 0/— ©d TIME : �. Yd /qm TO : FAX # : —7 -7 'i( _ 7 J2 ✓� NAME FIRM: FROM: NAME : DEPT: C'e� (. PH # : ? 69 6 MESSAGE NO. OF PAGES (INCLUDING THIS COVER PAGE) IF TRANSMISSION IS NOT COMPLETE, PLEASE CALL (760) 323-8204 . Post Office Box 2743 0 Palm Springs, California 92263-2743 GOOD EVENING I am Stan Finn the owner of Desert Massage Therapy. I have a license to operate a studio at Shadow Mountain Resort in Palm Desert. ( ' I NEED YOUR HELP to get a license here in Palm Springs. I have a studio,ready to go at Desert Isle Resort on E Palm Canyon L- 5 I _ in Palm Springs. On applying for a application I was told not to bother because Desert Isle a71yL has 57 rooms and doesn't qualify because it doesn't have 100 rooms. -- O,r checked with Palm Desert, Rancho Mirage, Cathedral City, and Indio they all said their cities don't have any requirements for a license based on no, of rooms.The question is Why DO WE HAVE ONE HERE?What ;w J ' difference does it make how many rooms as long as the applicant qualities? It seems this isdiscriminating against the small resorts. A, 7J � Can't we change the regulations somehow to permit small resorts to offEc the same Spa v"✓�'liJ ��%D/ � Services as the larger resorts. 17 People come hereto escape.relax, and unwind.What better way then to enjoys massage and the other spa services..Why should they have to travel tq�larger places when they can get 7'Ze S� thing at the place there staying. What argument can anyone give against this. % ? Palm Springs is rapidly becoming the Spa Capital. Most of the large hotels and resorts have either expanded their present facilities or spent millions adding new facilities . r � ✓✓,� 1 i jO ;J � 4 Please help me get mine. You�can see that the no.of rooms shouldn't make a difference It's the quality of service,and the good that we do that should count. Yours truly, Stan Finn 776-0869 � y 1 ]mot` I �r r n � r yl. AM AW; J 4 - � 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS,CALIFORNIA AMENDING THE ZONING ORDINANCE IN REGARD TO OUTDOOR LIGHTING REGULATIONS,THE HEIGHT OF COMMERCIAL WIND ENERGY CONVERSION SYSTEMS, MOTORCYCLE RENTAL IN THE C1 ZONING DISTRICT SUBJECT TO A CONDITIONAL USE PERMIT, RATE SIGN REGULATIONS, DAY SPA REGULATIONS, AND NON-SUBSTANTIVE MISCELLANEOUS AMENDMENTS TO PROMOTE CLARITY. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9100.08 is amended to read as follows: A. Application of Provisions.The provisions of this Zoning Code governing the use of land, buildings and structures,the size of yards abutting buildings and structures,the height and bulk of buildings,the density of population,standards of performance and other provisions are declared to be in effect upon all land included within the boundaries of each and every zone established by the Zoning Code. B. Conflicting or Ambiguous Provisions. In any case where there may be conflicting or ambiguous provisions within this Zoning Code, the director of Planning and Building, or his authorized representative, shall determine the applicability of such provisions. Such determination may be appealed to the planning commission. C. Buildings Under Construction. Any building for which a permit has been issued under the provisions of earlier ordinances of the city which are in conflict with this Zoning Code, and on which substantial construction has been performed by integration of materials on the site before the effective date of this Zoning Code, may nevertheless be continued and completed in accordance with the plans and specifications upon which the permit was issued. (Ord. 1294 (part), 1988) SECTION 2. Section 9100.09 is amended to read as follows: A. The police chief, the director of planning and building, the city clerk and all officials charged with the issuance of licenses or permits,shall enforce the provisions of this Zoning Code. B. Legal Procedure.Any building or structure erected or maintained or any use of property, contrary to the provisions of this Zoning Code shall be and is declared to be unlawful and a public nuisance, and the city attorney may commence action, or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person from setting up,erecting or maintaining such building or structure, or using any property contrary to the provisions of this Zoning Code. It shall be the right and duty of every citizen to participate and assist the city officials in the enforcement of the provisions of this Zoning Code. 15 Como Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 2 C. Remedies. All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof. D. Violations. It is a violation of this Zoning Code whenever any person, firm or corporation, whether as principal, agent, employee or otherwise, fails to comply with any provision of this Zoning Code or any order or regulation made hereunder. It is a separate offense for each day or portion thereof during which any violation of this Zoning Code is continued or permitted to continue. 1. Infraction. Any person, firm or corporation who commits a violation of this Zoning Code shall be guilty of an infraction. 2. Misdemeanor. Any person who commits a second or subsequent violation of the same provision of this Zoning Code within one(1)year of the commission of the first such violation shall be guilty of a misdemeanor for each such violation. E. Penalties. 1. Any person found guilty of an infraction hereunder shall be punished by a fine pursuant to the provisions of Government Code Section 36900(b). 2. ' Any person found guilty of a misdemeanor hereunder shall be punished by a fine or imprisonment or both pursuant to the provisions of Government Code Section 36901. (Ord. 1294 (part), 1988) SECTION 3. Section 9100.10.A. of the Zoning Ordinance is amended to read as follows: A. For the purpose of carrying out the intent of this Zoning Code,words, phrases, and terms shall be deemed to have the meaning ascribed to them in the following sections covering definitions. B. When not inconsistent with the context,words used in the present tense include the future; words in the singular number include the plural; and those in the plural number include the singular. "And"indicates that all the connected words or provisions shall apply. "Or" indicates that the connected words or provisions may apply singularly but not in combination The word "shall' is mandatory; the word "may" is permissive. "Abut" means as follows: two (2) adjoining parcels of property with a common property line are herein considered as one(1)parcel abutting the other, including where two (2) or more lots adjoin only at a corner or corners, and except where the property line is located in a city public street right-of-way. "Access or access way"means the place, means,or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this Zoning Code. "Accessory building" means a building, part of a building, or structure which is detached from the main building and the use of which is incidental to that of the main building structure or use on the same lot. "Accessory living quarters" means the same as "Dwelling." �C Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 3 "Accessory use"means a use incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in the zone. "Adjacent"means near, close or abutting; for example an industrial zone across a street or highway from a residential zone shall be considered "adjacent." "Adjoin" means the same as "Abut." "Administrator" means the zoning administrator, or the director of planning and building in his capacity of zoning administrator. "Advertising structure"means any notice or advertisement, pictorial or otherwise,and all such structures used as an outdoordisplay, regardless of size or shape,for the purpose of advertising property or the establishment or enterprise, including goods and services which are not located on the same property as said advertising structure. "Airport"means any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or intended to be used forairport building orfacilities,including open spaces,taxiways and tie- down areas, hangars and other necessary buildings and open spaces. "Alley"means any dedicated way, intended for vehicular service to the rear or side of property served by a street. Buildings facing only on an alley shall not be construed as satisfying the requirements of this Zoning Code related to frontage on a dedicated street. "Altered" shall have the same meaning as "Structural alteration." "Amendment"means a change in the wording, context, or substance of this Zoning Code, as addition ordeletion,ora change in the zone boundaries or classifications upon the zoning map,which imposes any regulation not theretofore imposed or removes or modifies any such regulation theretofore imposed. "Animal hospital"means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use. "Antique"means an item of furniture orfurnishings, utensils, equipment, objects of art, objects having aesthetic value,ornamental objects, curios and like objects of personal value, all of which by reason of age,antiquity,obsolescence or rarity,are valued principally for decorative, aesthetic or sentimental value or purpose, or as collector' s items, as opposed to the utility value or purpose for which originally manufactured or produced. An antique shall have an age of at least forty (40) years. "Apartment" means a room or suite of two (2) or more rooms with a single kitchen in a multiple-family dwelling,occupied or suitable for occupancy as a residence for one(1) family. "Apartment house" means the same as "Dwelling, Multiple-Family." "Apiary" means a place where bees are kept, especially a collection of hives or colonies of bees kept for their honey and/or for pollination purposes. "Assisted living facility"means a special combination of housing,supportive services, personalized assistance and health care licensed and designed to respond to the individual needs of those who need help with activities of daily living and instrumental activities of daily living. Supportive services are available twenty-four(24)hours a day to meet scheduled and unscheduled needs in a way that promotes maximum dignity and independence for each resident and involves the resident' s family, neighbors and friends, and professional 15WC 5 Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 4 caretakers. "Assessor" means the county assessor of the county of Riverside, or city officer handling the function of city real property assessment, as the case may be. "Attached"means as follows:two(2)structures which are structurally integrated with each other by supporting members shall be considered to be attached. "Automobile service station"means a lot or portion of a lot used for the servicing of motorvehicles. Such servicing may include sale of motorfuel and oils, lubrication, sale and service of tires, tubes, batteries and service of auto accessories. Such servicing shall not include tire recapping,sale of major auto accessories,brake and wheel repair or parts, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steam cleaning, body repair, painting or upholstery, or installation of auto glass. "Automobile wrecking" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts, but not including the incidental storage of damaged vehicles in connection with the operation of a repair garage. "Basement" means a story partly or wholly underground. A basement shall be counted as a story for purposes of height measurement where more than one-half('/) of its height is above the average level of the adjoining ground. "Billboard" means the same as "Advertising structure." "Block frontage" means all property fronting on one (1) side of a street between a street and right-of-way, waterway, or between intersecting or intercepting streets,the end of a dead-end street, or city or county boundary measured along a street line. An intercepting street shall determine only the boundary of the frontage on the side of the street that it intercepts. "Breezeway"means a roofed passageway,open on at least two(2)sides where the roof is structurally integrated with the structure of the main building. "Building" means any structure that is completely roofed which is built and maintained for the support, shelter or enclosure of persons, animals, chattels, or property of any kind, but shall not include temporary buildings as defined in"Structure,Temporary." "Building coverage" means the relationship between the ground floor area of the building or buildings and the net area of the site. Swimming pools or any portion of a structure which is open on at least one side and is an extension of the exterior open space, in the opinion of the director of planning and building, shall not constitute a building for the purpose of this definition. 'Building height' means the vertical distance plus eighteen (18) inches measured from the average grade at the curb adjacent to the property or from the top of the crown of the roadway if there is no curb,exclusive of exceptions permitted in Section 93.03.00. In the event of hillside lots, lots in excess of twenty thousand (20,000) square feet or lots where the approved pad height is greaterthan eighteen(18)inches above or belowthe curb level, the planning director or planning commission may establish the point of measurement at a level higher or lower than the curb or crown of street. The building height for parcels in excess of 30,000 square feet shall be measured from adjacent natural grade unless otherwise established by the planning commission. Building, Main. "Main building" means a building or buildings within which is conducted the principal use permitted on the lot, as provided by this Zoning Code. Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 5 "Building site"means the ground area of a building togetherwith all the open space required by this Zoning Code. A building site may encompass more than one (1) lot. Building, Temporary. "Temporary building" means the same as "Structure, Temporary." "Cabana"means any portable,demountable or permanent cabin,small house,room, enclosure or other building or structure erected, constructed or placed on a trailer space and used in conjunction with a residential trailer. Such structure shall not be used for sleeping purposes. A cabana shall mean the same as a "ramada." "Carport"means a permanent roofed structure with not more than two(2)enclosed sides used or intended to be used for automobile storage for the occupants of the premises and enclosed storage lockers shall be provided for such occupants. "Car wash" means a lot or portion of a lot used for the washing, waxing and/or polishing of motor vehicles. Such use may include interior cleaning of vehicles such as vacuuming,butshall not include other uses associated with an"Automobile service station." "Child care center"means any establishment,activity or use of a site providing group day-care services (less than twenty-four(24)hours)for children other than those residing on-site including a day nursery, play group, after-school group, pre-school group or kinder college. "Church" means a permanently located building commonly used for religious worship,fully enclosed with walls(including windows and doors)and having a roof(canvas or fabric excluded) and conforming to applicable legal requirements affecting design and construction. "City" shall mean the city of Palm Springs. "Classic automobile" means an automobile which, by reason of age, antiquity, obsolescence or rarity, is valued principally for aesthetic or sentimental value, or as a collector' s item, and which has a value greater than the utility value when originally manufactured or produced. Such automobile shall be in a new or near-new condition and have a value of at least five thousand dollars ($5,000.00). This definition may include vintage, antique and special interest automobiles. "Clinic" means a place for group medical services to human patients not involving the overnight housing of human patients. "Clothes cleaning and dyeing plant"means a plantwherein clothing and used fabrics are cleaned and dyed and where volatile materials are used in the process. Such use is defined as light industrial. "Clothes cleaning establishment"means a commercial use wherein clothes cleaning is incidental to a laundry pickup establishment,launderette,ora coin-operated dry cleaning service, and where nonvolatile materials are used in the process. "Club"means an association of persons(whether or not incorporated)for a common purpose, but not including groups organized solely or primarily to render a service carried on as a business for profit. "Coin-operated cleaning service"means any premises wherein coin-operated dry cleaning machines with a capacity not to exceed eight (8) pounds, using nonvolatile materials provide a retail service similar to that provided at a self-service "Launderette." College, Trade. "Trade college" means the same as "School, Trade." "Columbarium" means a structure of vaults lined with recesses for cinerary urns. /Sr Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 6 "Commercial recreation" means a use providing recreation, amusement or entertainment services, including indoor uses such as arcades, theaters, bowling lanes, billiard parlors, skating arenas and similar services, and outdoor uses such as golf,tennis, basketball, baseball and similar services, operated on a private or for-profit basis. "Commission" means the planning commission of the city of Palm Springs. "Compensation"means anything of value given or received in return for some item or service. "Condominium"means an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map or condominium plan in sufficient detail to locate all boundaries thereof, and as further defined in Section 1351(f)of the California Civil Code. "Conservatory" means a school specializing in one of the fine arts. "Convalescent home"means a facility licensed by the State Department of Public Health,the State Department of Social Welfare, orthe county of Riverside,which provides bed and ambulatory care for patients with post-operative convalescent chronic illness or dietary problems, and persons unable to care for themselves. "Convenience food and sundries store"means a business selling a limited range of food, beverage, drug goods, hardware, house goods, auto products, and often including ready to consume food and beverage products for consumption off the premises. "Council" means the city council of the city of Palm Springs. "County" means the county of Riverside. "County recorder" means the county recorder of the county of Riverside. "Cul-de-sac lot" means the same as "Lot, Cul-de-Sac." "Curb level"means the level of the established curb at the center or the front of the building. Where no curb level has been established,the city engineer shall establish such curb level or its equivalent for the purpose of this Zoning Code. "Curve lot" means the same as "Lot, Curve." Day Care, Small. "Small day care"means regularly provided care and supervision of six(6) or fewer children in the provider's own home for periods of less than twenty-four (24) hours. The total number of children shall include those children under the age of ten (10) who reside at the home. Day Care, Large. "Large day care"means regularly provided care and supervision of seven (7)to twelve (12) children, inclusive, in the provider' s own home including those children under the age of ten (10) who reside at the home. "Department store" means a store divided into separate departments carrying a great variety of goods, including major appliances and large items of furniture. "Director" means the director of planning and building of the city of Palm Springs. "Dormitory" means a building intended or used principally for sleeping accommodations, where such building is related to an educational or public institution, including religious institutions and fraternities and sororities. "Drive-through facility"means any building which provides an outdoor service window where a service or retail transaction may be conducted by the driver of a vehicle without leaving the vehicle. "Dump"means a place used forthe disposal,abandonment ordiscarding by burial, /arty Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 7 incineration, or by any other means, of any garbage, sewage, trash, refuse, rubble, waste materials, offal or dead animals. Such use shall not involve any industrial or commercial process. "Dwelling"means a building or portion thereof designed exclusively for residential occupancy, including one-family and multiple-family dwellings, but not including hotels, boarding or lodging houses, or mobilehomes or trailers, except when installed on a permanent foundation, or motorized homes. Dwelling,Guest."Guest dwelling"means living quarters within an accessory building which occupies not more than one-fiftieth(1/50)of the area of the lot on which it is situated, for use exclusively by temporary, nonpaying guests of the resident family, such quarters having no cooking facilities or kitchen, except where otherwise permitted by a conditional use permit. Dwelling, Multiple-family."Multiple-family dwelling"means a building containing two (2) or more dwelling units or containing a combination of two(2) or more dwelling units on one (1) lot or parcel. Dwelling,Single-family."Single-family dwelling"means a detached building designed primarily for the use of a single family and no portion of which is to be rented separately. "Dwelling unit"means one(1)or more rooms and a single kitchen in a single-family dwelling, apartment house or hotel designed as a unit for occupancy by one (1)family for living and sleeping purposes. Also see "Rental unit." "Educational institutions"means public and other nonprofit institutions conducting a regular academic instruction at kindergarten,elementary, secondary and collegiate levels and including graduate schools, universities, nonprofit research institutions and religious institutions. Such institutions must either: (a)offergeneral academic instruction equivalent to the standards prescribed by the State Board of Education, or (b) confer degrees as a college or university of undergraduate orgraduate standing,or(c)conduct research,or(d) give religious instruction. This definition does not include commercial or trade schools. "Fairway lots"means lots which are a portion of a golf course development and have their rear or side yard abutting the golf course fairway. "Family"means an individual or two(2)or more persons living together as a single housekeeping unit in a single dwelling unit. "Federal" means the government of the United States of America. "Floor area"means the total horizontal area of all floors included within the exterior surface of the surrounding exteriorwalls of a building or portion thereof,exclusive of elevator shafts,light and stairwells,and other similar features.The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. "Floor area ratio" means the ratio of gross building floor area to total lot area. Example: two (2) square feet of gross floor area for each three (3) square feet of total lot area would result in a floor area ratio of 2:3. "Footcandle" shall mean a measurement unit used in determining lighting levels. "Freeway" means a divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections: For the purposes of this Zoning Code, the word "freeway" shall include the "expressway." Freeway, Landscaped. A 'landscaped freeway" means a freeway which is /sz #7 Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 8 landscaped and maintained by a public authority. "Frontage" means that portion of a parcel of property which abuts a public or approved private street or highway, measured along the future street line as indicated on the general plan. Garage, Private."Private garage"means a detached accessory building or a portion of a main building on the same lot for the parking or temporary storage of vehicles of the occupants of the premises. Garage, Public. "Public garage" means any garage other than a private garage. Garage, Repair."Repair garage"means a building otherthan a private garage used for the care, repair or equipment of automobiles. Garage, Storage. "Storage garage"means any premises, used exclusively for the storage of vehicles. "General plan"means the general plan for the city of Palm Springs, consisting of all general plan maps and reports, adopted by the city council. "Glare" shall mean a harsh dazzling light. "Golf course" means a lot or portion of a lot used for the playing of golf, including pitch-and-putt courses,but shall not include driving ranges, miniature golf courses or other similar commercial enterprises, unless expressly permitted in the Zoning Code. "Gross area"means the total horizontal area within the lot lines of a lot or parcel of land before public streets, or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. "Guest" means any transient person who occupies a room for sleeping purposes. "Guest house" means the same as "Dwelling, Guest." "Guest ranch"means a hotel, including all accessory buildings and commercial uses operated primarily forthe convenience of the guests thereof, having a building site or hotel grounds containing not less than five (5) acres. "Guest room" means a room which is designed to be occupied by one (1) or more guests for sleeping purposes, not including dormitories. "High-rise buildings"means a building orstructure which exceeds thirty-five(35)feet in height. "Highway"means a street shown as a freeway, major or secondary highway on the general plan for the city. "Home improvement center" means any lot or premises where any major assemblage of the following listed items or services aimed at servicing the homeowner(but not limited to),are offered for retail sale and includes outside storage area for nursery plants only. Lumber supply items may not exceed ten (10) percent of the floor area devoted to retail sales. A home improvement center does not include industrial application such as contractor's supply,wholesaling, bulk building supplies, or industrial type uses, as milling, planing, and major cutting of lumber or cutting or threading of pipe. a. Concrete (bagged); b. Decorative gravel (bagged); C. Drywall; d. Electrical supplies; e. Fencing--wood, metal and plastic; f. Flooring cover and carpets; �s� s Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 9 g. Garden tools and supplies, garden furniture; h. Glass, windows, mirrors; i. Hardware; j. Heating and cooling equipment; k. Household supplies; I. Insulation; M. Miscellaneous household items; n. Paint and wallpaper; o. Painting, compressor and equipment; P. Plant and nursery; q. Plumbing supplies, pre-threaded pipe; r. Recreational equipment; S. Roofing; t. Screening--doors and windows; U. Storage sheds; V. Tile; W. Tools; X. Wood products--moldings, paneling, lumber (pre-cut), cabinets, furniture. "Hospital" means any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons and including sanitariums, alcoholic sanitariums, institutions for the cure of chronic drug addicts and mental patients. "Hotel"means any building or portion thereof containing six(6)or more guest rooms used by six (6) or more guests, for compensation (excepting jails and hospitals), where provision forcooking may be made in a limited number of individual suites, and which rooms are designed and intended as temporary or overnight accommodations. Also see"Hotel, Resort." Hotel, Resort.'Resort hotel'means a full-service hotel containing one hundred(100) or more guest rooms. Such hotel may have accessory commercial and recreational uses operated primarily for the convenience of the guests thereof, in accordance with the provision of Section 92.05.01(A)(2) of this Zoning Code. "Indian Land"means any real property,including water rights,belonging to any Indian or to the Agua Caliente Band of Cahuilla Indians that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States, as well as any structures erected on such realty, located within the boundaries of the city of Palm Springs "Industry"means the manufacture,fabrication,processing,reduction or destruction of any article,substance or commodity,or any other treatment thereof,and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise. "Industrial park" means the same as "planned industrial park." Interior Court, Residential."Residential interior court"means the open area between residential structures with facing windows. "Junk"means any worn out, cast-off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use.Any article or material which is unaltered or unchanged and,without further reconditioning, can be used for its original purpose as readily as when new, shall not be considered junk. 15Z9 Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 10 "Junk yard" means any lot, or the use of any portion of a lot, for the dismantling of machinery(not including motor vehicles)or for the storage of keeping for sale of parts and equipment resulting from such dismantling orwrecking, orforthe storage of keeping ofjunk, including scrap metals or other scrap materials. No burning shall be permitted. For motor vehicles, see "Automobile wrecking." "Kennel"means any lot or premises on which four(4)or more dogs or cats at least four(4)months of age, are kept, boarded or trained,whether in special buildings or runways or not. "Key lot" means any lot where the side property line abuts the rear property line of one (1) or more tots and where such lots are not separated by an alley or any other public way. "Kitchen"means any room in a building or dwelling unitwhich is used for cooking or preparation of food. "Landscaping" means the planting and continued maintenance of suitable plant materials or a combination of plant materials with minimum areas of paving, gravel, or otherwise dust-free materials. An adequate irrigation system is required. Landscaping, Screen. "Screen landscaping" means the planting and continued maintenance of a compact screen of evergreen shrubbery forming a physical barrier or enclosure not less than six(6)feet in height, composed of materials selected from the city' s list of acceptable screen landscaping plant materials. Minimum size of materials planted shall be as specified on the city list. An adequate irrigation system is required. "Launderette"means a business premise equipped with individual clothes washing and drying machines either coin-operated or attendant operated for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel. Laundry.A"laundry"means as a premises where clothing and fabrics are washed, other than a launderette and is defined as an industrial use. "Lesser restrictive use in more restrictive district"means the expressed enumeration and authorization in this Zoning Code of a particular class of building or use in any district shall be determined a prohibition of such building or use in all more restrictive districts except as otherwise specified. "Loading space" means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley or other permanent means of ingress and egress. "Lot" means: a. A parcel of real property with a separate and distinct number of other designation shown on a plat recorded in the office of the county recorder. b. A parcel of real property delineated on an approved record of survey, parcel map or subdivision map,in conformance with applicable state and local subdivision laws in effect at the time of its creation, as filed in the office of the county recorder or in the office of the planning department, and abutting at least one (1) public street or right-of-way, or _ easement determined by the commission to be adequate for the purpose of access. Lot,Corner. "Corner lot"means a lot located atthe intersection or interception of two (2)or more streets at an angle of not more than one hundred thirty-five(135)degrees. If the Ire.4 Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 11 angle is greater than one hundred thirty-five (135)degrees, the lot shall be considered an "interior lot." Lot,Cul-de-sac."Cul-de-sac lot"means a lotfronting on, orwith more than one-half ('/z) of its lot frontage on, the turnaround end of a cul-de-sac street. Lot, Curve."Curve lot"means a lot fronting on the outside curve of the right-of-way of a curved street,which street has a centerline radius of two hundred fifty(250)feet or less. "Lot depth" means the horizontal distance between the front and rear lot-lines measured in the mean direction of the side lot lines. Lot, Flag. "Flag lot"means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip to the frontage street. The access strip of each lot shall not be considered in calculating the minimum lot area and dimension requirements of subject lot. Lot, Hillside. See Section 93.13.00(A) of this Zoning Code. Lot, Interior. "Interior lot" means a lot other than a corner or reversed corner lot. "Lot line" means any line bounding a lot as defined in this section. Lot Line,Side Front."Side front lot line"means any lot line not a front lot line or a rear lot line which abuts a street. Lot Line, Front. On an interior lot,the"front lot line"is the property line abutting the street except in those cases where the latesttract deed restrictions specify another line as the front lot line.On a corner or reversed corner lot,the"front lot line"is the shorter property line abutting a street. On a through lot or a lotwith three(3)or more sides abutting a street or a corner or reversed corner lot with lot lines of equal length, the director shall determine which property line shall be the front lot line, for purposes of compliance with yard and setback provisions of this Zoning Code. Lot Line, Interior. "Interior lot line" means a lot line not abutting a street. Lot Line, Rear."Rearlotline"means a lot line notabutting a streetwhich is opposite and most distant from the front lot line. In the case of an irregular,triangular or goreshaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten (10) feet; a lot which is bounded on all sides by streets may have no rear lot line. Lot, Reversed Corner. "Reversed corner lot" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not. Lot Line, Side. "Side lot line" means any lot line not a front lot line or rear lot line. Lot Lines, Zone Boundaries. Where the district boundaries are not shown to be streets or alleys and where the property has been or may hereafter be divided into blocks or lots, the zoning boundaries shall be construed to be lot lines; and where the indicated boundaries on the zoning map are approximate lot lines, such lot lines shall be construed to be the boundaries of such districts, unless said boundaries are otherwise indicated on the map. Where a zone boundary, as shown on the zoning map, divides a lot in single ownership at the time of passage of this Zoning Code,the use, height and area regulations of the less restrictive portion of such lot shall be construed as extending to the entire lot, provided, such lot does not extend more than fifty (50) feet beyond such boundary line. Lot,Through. "Through lot"means a lot having frontage on two(2)dedicated parallel or approximately parallel streets. 1,40C J/ Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 12 "Lot width" means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. "Marquee" means a roofed structure or awning or canopy attached to the building. "Mini-warehouse"means a facility designed and operated for the storage of goods in individual compartments or rooms, which are available for use by the general public on a rental or lease basis. In no case shall storage spaces be used for manufacturing, retail, or wholesale selling compounding, office functions, other business or service uses, or human habitation. A mini-warehouse shall not include the following facilities: a. No water,sanitary facilities orelectricity,with the exception of lighting fixtures, shall be provided in individual storage spaces, unless otherwise approved by the planning commission; b. Prefabricated shipping containers shall not be used as mini-warehouse facilities, unless specifically approved by the planning commission. In addition, the following materials shall not be stored in mini-warehouses: a. Flammable or explosive matter or materials; b. Material which creates obnoxious dust, odor or fumes; or C. Hazardous or extremely hazardous waste. "Mixed-use development"means a lot, or a series of adjacent lots, developed as a unit containing more than one (1) land use type. "Mobilehome"means a portable structure built upon a semi-trailer chassis designed to be used as a permanent dwelling unit for human habitation. "Mobilehome park" means a space, area or building designed, equipped or maintained for the harboring, parking or storing of one (1) or more trailers, or house cars which haul such trailers,or house cars being used as living or sleeping quarters for humans. "Motorized home"means a structure designed as an integral part of a self-propelled vehicle to be used as a temporary dwelling for travel, recreation and vacation uses. "Multiple-family dwelling"means a building designed for or occupied by two (2) or more families living independently of each other. "Net area" means the total horizontal area within the lot lines of a lot or within the property lines of a lot or parcel, and after all streets and other dedications have been complied with and to which development standards of this Zoning Code shall apply. "Nonconforming building"means a structure or portion thereof lawfully existing at one time, but which does not conform to the zone in which it is located due to a later adopted height, area or dimension regulations. See Section 94.05.00 for regulations. "Nonconforming lot"means a parcel of land having less area,frontage ordimensions than required in the zone in which it is located. See Section 94.05.00 for regulations. "Nonconforming use" means a use lawful when established but, which does not conform to subsequently established zoning or zoning regulations. See Section 94.05.00 for regulations. "Nursery school" means child care center. "Outdoor advertising"means and includes the definitions of"Advertising structure" and "Sign." "Parcel of land" means the same as "Lot." Parking Area, Private. "Private parking area" means an open area, located on the 004C Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 13 same lot with a dwelling or apartment for the parking of four(4) or less automobiles of the occupants of such buildings. Parking Area, Public."Public parking area"means an open area,otherthan a street, or a private parking area, used for the parking of five (5) or more automobiles. Parking Space, Automobile. "Automobile parking space" means space within a building or private or public parking area, exclusive of driveways, ramps, columns, office and working areas, for the parking of one (1) automobile. Parking Space, Covered. "Covered parking space"means an"automobile parking space" which is located completely under a roof structure. "Pawn shop"means an establishment engaged in retail sales of new or secondhand merchandise and offering loans secured by personal property, and as further defined in California Financial Code Section 21000. It does not include the loaning of money on personal property or personal security by any bank authorized to do sounder the laws of the state of California. Such establishments are subject to the provisions of Chapter 5.44 of the Municipal Code. "Planned industrial park" (or 'organized industrial district') means an industrial subdivision developed according to a comprehensive site plan to provide serviced sites for manufacturing plants, distribution warehouses and similar uses. Adequate control of the tract and buildings is provided, in order to maintain aesthetic values and to protect the investments of developers of the park, of the occupying industries, of neighboring developments, and of the community as a whole. "Property line" means the same as "Lot line." "Provisions"means and includes all regulations and requirements referred to in the text of this Zoning Code. "Quarry," "sand pit' or "gravel pit' mean a lot or land or part thereof used for the purpose of excavating sand,gravel,limestone, marble or other such nonmetallic materials, but shall not include oil wells or shaft mine operations and shall be exclusive of a process of grading a lot preparatoryto the construction of building forwhich application for building permit has been made. "Quasi-public use" means a use owned or operated by a nonprofit, religious or philanthropic institution and providing educational,cultural,recreational,religious,health care or similar types of programs. "Radio transmitter"means the same as a radio tower, including broadcasting studio facilities and any other equipment necessary in the operation of a radio station. "Ramada" means a roofed area open on all sides. Recreational Facilities,Commercial."Commercial recreational facilities"means any use or development, either public or private, providing amusements, pleasure or sport, which is operated or carried on primarily for financial gain, including, but not limited to, bowling alleys, skating rinks and billiard parlors. "Recreational vehicle"means a structure,with or without motive power, such as a travel trailer,pickup camper or motorized home,designed for temporary, short-term human habitation for recreational purposes. "Recreational vehicle park"means an area designed to accommodate recreational vehicles including tents and tent trailers on a temporary basis. "Recycling collection center"means a nonpermanent structure or facility operating /of 45 Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 14 as a collection point to purchase or collect aluminum cans, newspapers, bottles, and/or used thrift goods to be recycled and reused at another location. All collected materials shall be completely enclosed. "Rental unit" means a room and bath with a separate entrance. "Residence"means a building used,designed or intended to be used as a home or dwelling place for one (1) or more families. "Resort hotel" means the same as "Hotel, Resort." "Restaurant" is a comprehensive term meaning a building or room where food is prepared and served to the general public on the retail level.Some types of establishments included with the term restaurant (some of which are further defined in this chapter) are cafes, cafeterias, coffee houses, coffee shops, dinner houses, drive-in or drive-through restaurants,fastfood service establishments,fountain lunches, lunchrooms, pancake and waffle houses, sandwich shops and tea rooms. a. "Cafeteria"means where food primarily is pre-prepared(not cooked to order) and served to the customer by direct visible selection, for consumption principally(but not necessarily exclusively) upon the premises. b. "Coffee shop"means where food,generally cooked to order, is served to the customer seated at a table or counters for consumption principally (but not necessarily exclusively)upon the premises,the establishment being open for all three(3) meals of the day, and sometimes on a twenty-four (24) hour basis. C. "Dinner house"means where meals are generally cooked to order and serve to the customers seated at tables or counters for consumption on the premises, and the establishment is open for service of the dinner meal only, although it may also be open for service of the midday meal. d. "Drive-through restaurant" means any building which provides an outdoor service window where food and/or beverages may be obtained by the driver of a vehicle without leaving his vehicle and where consumption of the food and/or beverage obtained is primarily off the premises.Adrive-through restaurantshall not mean a drive-in facility where consumption of food and/or beverages takes place primarily within the patron's vehicle on the premises. e. "Fast food service establishment" means where food not displayed for selection as in a cafeteria, and which food may or may not be cooked to order or be pre- prepared, is served to the customer at a window or over a counter for consumption elsewhere on the premises or away from the premises as the customer prefers. f. "Convenience food and beverage service"means the same as a"fast food service establishment"except that the preparation of food shall not require a full kitchen nor a grease trap. "Retail store"means a business of selling goods,wares or merchandise directly to the ultimate consumer. "Rezoning" means the same as "Zone, Change of." "Room"means an unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways and service porches. "Sanitarium" means a health station or retreat or other place where patients are housed and where medical or surgical treatment is given. This does not include mental institutions or places for the treatment of narcotic addicts. /.Sot lY Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 15 School, Trade. 'Trade school" means private schools offering instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, beauticians and barber colleges, electronics schools, automotive and aircraft technicians schools, and similar commercial establishments operated for a profit. "Service station" means the same as "Automobile service station." Setback Line, Front Yard."Front yard setback line"means the line which defines the depth of the required front yard. The setback line shall be parallel with the street line or the line established by the general plan or setback ordinance,and be removed therefrom by the perpendicular distance prescribed for the front yard in the zone. Setback Line, Rear Yard or Side Yard. "Rear yard or side yard setback line"means the line which defines the width or depth of the required rear or side yard. The setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the zone. Where the side or rear yard abuts a street,the distance shall be measured as set forth in "Setback Line, Front Yard." Sign. See Section 93.20.03, Definitions. "Site plan"means a plan, prepared to scale, showing accurately and with complete dimensioning,all of the buildings,structures and uses and the exact manner of development proposed for a specific parcel of land. See Section 94.04.00 for requirements. "Site plan review" means the review by the planning commission of site plan and other studies to assist the commission to determine the manner in which the applicant intends to make use of his property. The provisions of Section 94.04.00 shall apply. "Spa"means a facility which provides an integrated combination of fitness, beauty, rejuvenation and relaxation programs. A primary use spa is one where the minimum facilities provided shall be a beauty salon, and steam room and/or sauna, showers and therapy pool,and sequestered rooms for massage and body treatments. An accessory use spa is one where the focus is relaxation and therapeutic programs rather than fitness and beauty. If a facility is an accessory use spa, the provision for minimum facilities is not required. "Specialty market place"means the use, rental or lease of stalls or areas inside of an enclosed building by vendors offering new goods or materials, or antiques, for sale. Where permitted,such goods or materials offered for sale shall be those ordinarily offered for sale by the permitted uses in the zone in which the specialty market place is located. Stable, Commercial. "Commercial stable" means a stable for horses, mules or ponies which are let, hired, used or boarded on a commercial basis and for compensation. Stable, Private."Private stable"means a detached accessory building forthe keeping horses, mules or ponies owned by the occupants of the premises and not kept for remuneration, hire or sale. "State" means the state of California. "Story"means that portion of a building included between the surface of any floor and the surface of the floor next above it,or if there be no floor above it,then the space between such floor and the ceiling next above it. "Street" means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such,orapproved private thoroughfare or right-of-way,otherthan an alley, which affords the principal means of access to abutting property including venue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except as Asclmr Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 16 excluded in this Zoning Code. The word "street" shall include all major and secondary thoroughfares, collector streets, and local streets. Street, Local. "Local street" means any street, dedicated as such, serving as the principal means of access to property, which street is not shown as a freeway, major or secondary thoroughfare or collector on the general plan for the city. Street, Side. "Side street" means that street bounding a corner or reversed corner lotand which extends in the same general direction as the line determining the depth of the lot. "Street line" means the boundary line between street right-of-way and abutting property. See also "Future street line." "Street, centerline"means the centerline of a street right-of-way as established by official surveys. "Structure" means anything constructed or erected and the use of which requires permanent location on the ground or attachmentto something having a permanent location on the ground, including awnings and patio covers, but excluding walls and fences six(6) feet in height or less, and outdoor areas such as uncovered paved areas, patios, walks, tennis courts, and swimming pools. "Structure, advertising" means the same as "Advertising structure." "Structural alteration"means any change in or alteration to the structure of a building involving a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components. Structure, Temporary. "Temporary structure" means a structure which is readily movable and used orintended to be used for a period notto exceed ninety(90)consecutive days. Such structure shall be subject to all applicable property development standards for the zone in which it is located. "Swap meet"means the use,rental or lease of stalls or areas outside of an enclosed building by vendors offering goods or materials for sale or exchange, not including public fairs, art exhibits or farmer' s markets. Swimming Pool, Private. A"private swimming pool" means and includes all pools which are used or intended to be used in connection with a single-family residence, and available only to the family or householder and his private guests. Swimming Pool, Public or Semi-Public. A"public"or"semi-public swimming pool" means any pool other than a private swimming pool. "Thriftshop"means a retail store selling goods,wares or merchandise,the majority of which have been previously sold at the retail level. "Trailer"means a vehicle without motive power,designed and constructed to travel . on the public thoroughfares in accordance with the provisions of the State Vehicle Code,and to be used for human habitation or for carrying property, including a trailer coach. "Transient" means a person who is receiving accommodations for a price, with or without meals, for a period of not more than one hundred eighty(180) continuous days in any one (1) year. "Truck and trailer sales lot" means an open area where trucks or trailers are sold, leased or rented, and where no repairs, repainting or remodeling is done. "Use" means the purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained. /151C/6 Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 17 "Used" includes the words"arranged for,""designed for,"'occupied,"or"intended for." "Walk-away business"means a business which sells primarily at retail certain items readily prepared for immediate consumption without facilities customarily incident to a restaurant operation, including waiter service; such foods shall be limited to the following: ice cream, candies, sandwiches and soft drinks. "Wall"or"Fence"means any structure or device not including landscape features, forming a physical barrier. This shall include concrete, concrete block,wood, metal,orother materials that are so assembled as to form a barrier. Where a solid wall is specified, one hundred(100)percent of the vertical surface shall be closed, except for approved gates or other access ways. Where a masonry wall is specified, the wall shall be concrete block, brick,stone or other masonry material and one hundred(100)percent of the vertical surface shall be closed, except for approved gates or other access ways. "Warehousing"means a building or buildings used for the storage of goods of any type, when such building or buildings contain more than five hundred (500)square feet of storage space and where no retail operation is conducted. See also "Wholesaling." "Wholesaling" means the selling of any type of goods for purposes of resale, including incidental storage and distribution. "Yard" means any open space on the same lot with a building or dwelling group, which open space is unoccupied and unobstructed except for the projections permitted by this Zoning Code. Yard, Front."Frontyard"means a space between the front yard setback line and the front lot line or future street line, and extending the full width of the lot. Yard, Rear. "Rearyard"means a space between the rearyard setback line and the rear lot line, extending the full width of the lot. Yard, Side. "Side yard" means a space extending from the front yard, or from the front lot linewhere no Frontyard is required bythis Zoning Code, to the rear yard, or rear lot line, between a side lot line and the side yard setback line. "Zone"means a zoning district, as defined in the State Conservation and Planning Act, shown on the zoning map to which uniform regulations apply. Zone,Change of."Change of zone"means the legislative act of removing one(1)or more parcels of land from one (1) zone and placing them in another zone on the official zoning map of the city. "Zone map"means the official zoning map ofthe city of Palm Springs,which is a part of the zoning ordinance of the city of Palm Springs. "Zoning ordinance"or"ordinance" means the zoning ordinance of the city of Palm Springs. (Ord. 1553(part), 1998; Ord. 1551 (part), 1998; Ord. 1511 (part), 1995;Ord. 1502 (part), 1995; Ord. 1418 (part), 1992; Ord. 1366 (part), 1991; Ord. 1347 (part), 1990; Ord. 1333 (part), 1989; Ord. 1294 (part), 1988) SECTION 4. Section 9202.01.0 is amended to read as follows: C. Uses Permitted by Conditional Use Permit. The following uses may be permitted, subject to approval of a conditional use permit, as provided in Section 94.02.00: Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 18 1. Public parks, recreational areas and public schools; 2. Private clubs, golf courses, tennis and swimming clubs; 3. Churches on sites of two (2) acres or more; 4. Assisted living facilities and convalescent homes, subject to the provisions of Section 94.02.00(H)(7);and provided, property on which such use is proposed is located one hundred fifty (150) feet from any R-1 zone district; 5. Resort hotels, on parcels not less than twenty(20)acres in area, subject to the requirements in Section 92.04.01(A)(2); 6. Accessory buildings and uses customarily incident to the permitted uses listed above and located on the same lot therewith; 7. Accessory apartments subject to the provisions of Section 93.18.00; 8. Child care centers; provided, the subject site is located on a major or secondary thoroughfare. (Ord. 1553(part), 1998; Ord. 1551 (part), 1998;Ord. 1418(part), 1992; Ord. 1347 (part), 1990; Ord. 1294 (part), 1988) 9. Spas as an accessory use to a Hotel subject to the following standards. a. The facility is to serve hotel guests only. b. The Hotel has a minimum of 15 guest rooms. C. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code. d. Such facility shall comply with Chapter 5.34 of the Municipal Code. SECTION 5. Section 9203.01 is amended to read as follows: A. Uses Permitted. Building,structures and land shall be used and buildings and structures shall hereafter be erected,altered or enlarged only forthe following uses.All uses shall be subject to the standards in Section 92.03.03. 1. Permanent single-family dwelling subjectto the standards of the R-1-Azone (Section 92.01.00); 2. Multiple-family dwellings; 3. Hotels (provided that no more than ten (10) percent of the guest rooms contain kitchen facilities); 4. Accessory buildings and uses customarily incidental to the permitted uses and located on the same lot therewith; 5. Video/amusement machines as an accessory use subject to the provisions of Section 93.16.00; 6. Home occupations subject to the provisions of Chapter 5.22 of the Palm Springs Municipal Code, B. Similar Uses Permitted by Commission Determination. The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above and not more obnoxious or detrimental to the public health, safety and welfare orto other uses permitted in the zone,as provided in Section 94.01.00.All uses shall be subject to the standards in Section 92,03.03. I5 is/99 Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 19 C. Uses Permitted by Conditional Use Permit. The following uses may be permitted subjectto approval of a conditional use permit, as provided in Section 94.02.00. 1. Accessory apartments subject to the provisions of Section 93.18.00; 2. Assisted living facilities and convalescent homes, subjectto the provisions of Section 94.02.00(H)(7); 3. Child care centers; 4. Churches; 5. Country clubs, golf courses, tennis and swimming clubs; 6. Hospitals; 7. Hotels in which more than ten (10) percent of the guest rooms contain kitchen facilities; 8. Private education institutions; 9. Professional offices, provided: a. The subject site must be located fronting on a major thoroughfare as indicated on the city' s general plan, b. The only allowable sign shall be an identification sign forthe building complex, with public convenience signs as necessary, C. All development standards of Section 92.08.00 can be met; 10. Public parking areas, not as an accessory to uses permitted in this zone, pursuant to Section 93.06.00, and as follows: a. The property proposed for off-street parking use shall abut a commercial zone or on an alley which is the boundary with such zone, and extends not more than one hundred fifty (150) feet from the boundary; 11. Public parks and recreation areas at locations indicated on the general plan; 12. Public schools at locations indicated on the general plan; 13. Restaurant,in conjunction with hotel, provided the site shall have a minimum area of one hundred twenty thousand(120,000)square feet; or provided,the hotel contains a minimum of thirty (30) guest rooms; 14. Spas as an accessory use to a Hotel subject to the following standards. a. The facility is to serve hotel guest only. b. The Hotel has a minimum of 15 guest rooms. C. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code. d. Such facility shall comply with Chapter 5.34 of the Municipal Code. 15. Time-share projects subjectto the provisions of Section 93.15.00; provided the subjectsite must be located fronting on a major or secondary thoroughfare as indicated on the city' s general plan; 16. Video/amusement arcades as a secondary use in conjunction with a resort hotel subjectto the provisions of Section 93.16.00.(Ord. 1553(part), 1998;Ord. 1551 (part), 1998; Ord. 1418 (part), 1992; Ord. 1347 (part), 1990; Ord. 1300 (part), 1988; Ord. 1294 (part), 1988) SECTION 6. Section 9204.01.D is amended to read as follows. /�C/9 Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 20 D. Uses Permitted by Conditional Use Permit. The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00: 1. Assisted living facilities,subjectto the provisions of Section 92.04.00(H)(7); 2. Athletic, sport and recreation clubs; 3. Child care centers; 4. Churches; 5. Convention centers; 6. Country clubs, golf courses, driving ranges, tennis and swimming clubs; 7. Hospitals; 8. Hotels and resort hotels(subjectto the provisions of Section 92.04.01(A)(2)) in which more than ten (10) percent of the guest rooms contain kitchen facilities; 9. Incidental or accessory commercial uses, located within hotels containing less than one hundred(100)guest rooms and operated primarily forthe convenience of the hotel guests; providing,such total commercial uses shall occupy not more than twenty(20) percent of the gross floor area of the hotel buildings; 10. Museums; 11. Private educational institutions; 12. Private clubs and lodges not as an accessory to a hotel; 13. Professional offices, provided: a. The subject site must be located fronting on a major thoroughfare as indicated on the city' s general plan, b. The only allowable sign shall be an identification sign forthe building complex, with public convenience signs as necessary, C. All development standards can be met; 14. Public parks and recreational areas at locations indicated on the general plan, 15. Public schools at locations indicated on the general plan; 16. Restaurants;provided that,they are an integral part of a hotel which contains from thirty (30) to ninety-nine (99) guest rooms; 17. Restaurants,but not including cafeterias,drive-in or drive-through restaurants or fast food service establishments;provided that,the following minimum criteria will be met in all cases: a. The site shall have a minimum frontage of one hundred(100)feet on a major thoroughfare with a minimum lot size of thirty thousand(30,000)square feet of net lot area, b. The site area shall be a minimum of one hundred fifty (150) feet from any single-family residential zone, C. Parking within the required front yard setback shall be prohibited, and d. A minimum of twenty-five (25) percent of the total site area shall be maintained as landscaped open space; 18. Sound stages, as an accessory use to a resort hotel; 19. Spas as an accessory use to a Hotel subject to the following standards. a. The facility is to serve hotel guest only. b. The Hotel has a minimum of 15 guest rooms. C. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code. d. Such facility shall comply with Chapter 5.34 of the Municipal Code. ,�CAO Case 5,0833 and 5.0848: Ordinance September 20, 2000 Page 21 20. Time-share projects subject to the provisions of the Section 93.15.00; 21. Video/amusement arcades as a secondary use in conjunction with a resort hotel subjectto the provisions of Section 93.16.00. (Ord. 1553(part), 1998; Ord. 1551 (part), 1998; Ord. 1418 (part), 1992; Ord. 1347 (part), 1990; Ord. 1300 (part), 1988; Ord. 1294 (part), 1988) SECTION 7: Section 9205.01.D is amended to read as follows: D. Uses Permitted by Conditional Use Permit. The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00: 1. Hotels and resort hotels(subject to the provisions of Section 92.05.01(A)(2)) in which more than ten (10) percent of the guest rooms contain kitchen facilities; 2. Private clubs not as an accessory to a hotel; 3. Professional offices, provided: a. The subject site must be located fronting on a major thoroughfare as indicated on the city' s general plan, b. The only allowable sign shall bean identification sign for the building complex, with public convenience signs as necessary, C. All development standards can be met; 4. Public and semi-public uses as follows: a. Assisted living facilities,subjectto the provisions of Section 94.02.00(H)(7), b. Athletic and health clubs as an accessory to a hotel, C. Automobile parking lots and structures not in conjunction with a permitted use, subject to the provisions of Section 93.06.00, d. Child care center, e. Churches, f. Civic uses and community center buildings, g. Convention centers, h. Museums; 5. Restaurants,butnotincluding cafeterias,drive-in or drive-through restaurants orfast-food establishments;provided that,they are an integral partof a hotel which contains from thirty (30) to ninety-nine (99) guest rooms; 6. Sound stages, as an accessory use to a resort hotel; 7. Time-share projects subject to the provisions of Section 93.15.00; 8. Video/amusement arcades as a secondary use in conjunction with a resort hotel subject to the provisions of Section 93.16.00.(Ord. 1553(part), 1998;Ord. 1551 (part), 1995; Ord. 1482 (part), 1994; Ord. 1418 (part), 1992; Ord. 1347 (part), 1990; Ord 1300 (part), 1988; Ord. 1294 (part), 1988). 9. Spas as an accessory use to a Hotel subject to the following standards. a. The facility is to serve hotel guest only. b. The Hotel has a minimum of 15 guest rooms. C. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code. d. Such facility shall comply with Chapter 5.34 of the Municipal Code. /���' Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 22 SECTION 8. Section 9209.01.0 is amended to read as follows: C. Uses Permitted by Land Use Permit. 1. Indoor Uses. a. Art schools; b. Automotive rental agencies as part of a resort hotel.The following standards shall apply: i. Standards prescribed in Section 92.04.01(A)(2),Accessory commercial uses for resort hotels shall be complied with, ii. Number of vehicles stored at the location shall be limited to the number necessary to serve the hotel only, iii. No service or repair facilities for the vehicles shall be permitted at the hotel site, iv. Such use shall be permitted only if the hotel contains an adequate number of parking spaces in accordance with the provisions of Section 93.06.00; C. Bicycle rentals (Deleted by Ord. 1347); d. Bicycle rental agencies; e. Blueprinting and photocopying; f. Catering in conjunction with permitted main use; g. Child care centers; h. Conversion of existing upper-story floor area to apartments. The following standards shall apply: i. Each unit shall contain complete kitchen and sanitary facilities, ii. No outdoor storage may be visible from any street, iii. Such conversion shall be subject to applicable building code provisions, iv. Additional standards as deemed appropriate by the directorof planning and zoning, including considerations for open space, parking, and trash collection; i. Delicatessens; j. Farmers market; k. Festivals and exhibits; I. Food services and restaurants, all types unless otherwise regulated; M. Ice cream parlors; n. Post office branches; o. Offices(except contractors)and financial institutions on the street level which are in excess of five thousand (5,000) square feet of gross floor area, but offices and financial institutions which front a streetwithin the historic village center shall not exceed two thousand five hundred (2,500) square feet of gross floor area; P. Spas provided that the staff is licensed and trained in the particular programs provided as outlined in Chapter 5.34 of the Municipal Code and such facility complies with Chapter 5.34 of the Municipal Code; q. Specialty marketplaces; r. Take-out food service in conjunction with permitted restaurant use; S. Valet cleaning service. goev?A Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 23 2. Outdoor Uses as an accessory to a permitted main use and located on the same property as the permitted use. a. Art displays; b. Artisans, artists; C. Car shows; d. Christmas tree sales not as an accessory use to a main use, e. Display cases in malls or courts; f. Farmers market; g. Fashion shows; h. Festivals, exhibits and special events; i. Florists; j. Musicians/entertainment (subject to provisions of noise ordinance); k. Outdoor dining including beverage service; I. Plant and floral sales and displays; M. Postcard displays (limited to one per store frontage); n. Theatre and public assembly; o. Vending carts dispensing the following: i. Food, ii. Beverages, iii. Crafts, iv. Floral items, V. Other uses as determined by the planning commission. 3. Outdoor uses as an accessory to a permitted main use and located on public property including the public right-of-way (streets and sidewalks). a. Art displays; b. Artisans, artists; C. Festivals, exhibits and special events, d. Florists; e. Musicians/entertainment (subject to provisions of noise ordinance); f. Outdoor dining including beverage service; g. Plant and floral sales and displays; h. Vending carts dispensing the following: i. Food, ii. Beverages, iii. Crafts, iv. Floral items, V. Other uses as determined by the planning commission. 4. Outdoor uses located on public property including the public right-of-way (streets and sidewalks)when conducted in a designated area approved by the city council and undertaken as part of a festival, event or program to promote commercial, artistic or cultural activity in the downtown district. a. Art displays; b. Artisans, artists; C. Bicycle rental; d. Car shows; 1401rwew Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 24 e. Farmers market; f. Fashion shows; g. Festivals, exhibits and special events; h. Florists; i. Musicians/entertainment (subject to provisions of noise ordinance), j. Outdoor dining including beverage service; k. Plant and floral sales and displays; I. Theatre and public assembly; M. Tourism activities kiosks; n. Vending carts dispensing the following: i. Food, ii. Beverages, iii. Crafts, iv. Floral items, V. Antiques and collectibles, vi. Other uses as determined by the planning commission. SECTION 9. Section 9209.01.D is amended to read as follows: D. Uses Permitted by Conditional Use Permit. 1. Automobile parking (Deleted by Ord. 1418); 2. Automobile service stations designed and constructed as an integral part of an automobile parking structure; 3. Automobile showrooms(at least fifty(50) percentof autos displayed for sale shall be new or classic cars); 4. Beer gardens; 5. Cocktail lounges and nightclubs with or without dancing; 6. Discotheques; 7. Financial institutions with drive-through facilities; 8. Hotels in which more than ten (10) percent of the guest rooms contain kitchen facilities; 9. Liquor stores; 10. Lodges, meeting halls, private clubs; 11. Offices (except contractors) and financial institutions in excess of two thousand five hundred(2,500)square feet of gross floor area which front a street within the historic village center; 12. Recreational facilities, commercial; 13. Tennis courts (Deleted by Ord. 1418); 14. Time-share projects subject to the provisions of Section 93.15.00, 15. Video/amusement arcades as a primary use, and video/amusement machines as a secondary use, except as otherwise regulated, subject to the provisions of Section 93.16.00; and provided that, such arcades/machines are located no closer than three hundred (300) feet to any other such use. (Ord. 1553 (part), 1998; Ord 1502 (part), 1995; Ord. 1423 (part), 1992; Ord. 1418 (part), 1992; Ord. 1385, 1991; Ord. 1366 (part), Ire.? Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 25 1991; Ord. 1347 (part), 1990; Ord. 1333 (part), 1989; Ord. 1294 (part), 1988) 16. Spas as an accessory use to a Hotel subject to the following standards. a. The facility is to serve hotel guests only. b. The Hotel has a minimum of 15 guest rooms. C. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code. d. Such facility shall comply with Chapter 5.34 of the Municipal Code. SECTION 10. Section 9212.01 is amended to read as follows: A. Uses Permitted. Buildings, structures and land shall be used and buildings and structures shall hereafter be erected,altered or enlarged only for the following uses.All uses shall be subject to the standards in Section 92.12.03. 1. Accessory uses customarily incidental to the permitted uses and located on the same lot therewith; 2. Antique shops; 3. Apparel stores; 4. Art galleries; 5. Artists studios; 6. Art schools; 7. Athletic or health clubs; 8. Auto parts (Deleted by Ord. 1502); 9. Bakeries, retail; 10 Banks and savings and loan institutions; 11. Barber shops; 12. Baths (Deleted by Ord. 1502); 13. Beauty parlors and colleges; 14. Bicycle sales including accessory repair; 15. Blueprinting and photocopying; 16. Book and stationery stores; 17. Catering, in conjunction with a permitted food service use; 18. Confectionery stores; 19. Dancing studios; 20. Department stores; 21. Drug stores; 22. Film and camera sales and exchange; 23. Florist shops; 24. Food stores and delicatessens; 25. Furniture stores; 26. Gift and hobby shops; 27. Hardware and appliance stores; 28. Hotels and resort hotels subject to the R-3 zone standards, Section 92.04.00; 29. Jewelry stores; 30. Laundromats (Deleted by Ord. 1324); /5000ra?'ar Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 26 31. Libraries; 32. Liquor stores (Deleted by Ord. 1324); 33. Medical /sick room supplies (retail) 34. Modeling schools; 35. Movie, radio and TV production and broadcast facilities; 36. Multiple-family dwellings subject to the R-3 zone standards, Section 92.04.00; 37. Museums; 38. Music shops; 39. Newsstands; 40. Offices not including storage or presence of goods, materials, supplies or equipment not consumed or used by office use on the premises, or storage orpresence of vehicles notused to transport business personnel orpatrons to and from the premises; 41. Pet stores, pet grooming; 42. Photographers studios; 43. Private clubs; 44. Restaurants, with or without outdoor dining, excluding drive-in or drive- through restaurants, or those within mixed-use developments in excess of twenty thousand (20,000) square feet of floor area; 45. Security exchange; 46. Shoe stores; 47. Small appliance shops and service; 48. Supermarkets; 49. Tailor shops; 50. Theaters, movie and legitimate stage; 51. Travel agencies; 52. Toy stores; 53. Used/consignment merchandise in conjunction with new merchandise or antiques, provided fifty (50) percent of stock is new merchandise or antiques; 54. Video/amusement machines as an accessory use subject to the provisions of Section 93.16.00; B. Similar Uses Permitted by Commission Determination. The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, and not more obnoxious or detrimental to the public health, safety and welfare or to the other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.09.03. C. Uses Permitted by Land Use Permit, 1. Indoor Uses. a. Auction houses, pursuant to Chapter 5.04 of the Municipal Code; b. Automotive rental agencies as part of a resort hotel. The following standards shall apply: i. Standards prescribed in Section 92.04.01(A)(2), Accessory Commercial Uses for Resort Hotels shall be complied with, ii. Number of vehicles stored at the location shall be limited to the Are�G Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 27 number necessary to serve the hotel only, iii. No service or repair facilities forthe vehicles shall be permitted atthe hotel site, iv. Such use shall be permitted only if the hotel contains an adequate number of parking spaces in accordance with the provisions of Section 93.06.00, C. Bicycle rental; d. Catering in conjunction with permitted main use; e. Child care centers; f. Conversion of existing upper-story floor area to apartments. The following standards shall apply: i. Each unit shall contain complete kitchen and sanitary facilities, ii. No outdoor storage may be visible from any street, iii. Such conversion shall be subject to applicable building code provisions, iv. Additional standards as deemed appropriate by the director of planning and zoning, including considerations for open space, parking, and trash collection; g. Farmers market; h. Festivals and exhibits; i. Ice cream parlors; j. Restaurants within mixed-use developments; k. Spa as an accessory use to a beauty parlor provided the staff is licensed and trained in the particular programs provided as outlined in Chapter 5.34 of the Municipal Code and such facility is in compliance with Chapter 5.34 of the Municipal Code. I. Special purpose schools; M. Take-out food service in conjunction with permitted restaurant use; n. Valet cleaning service. 2. Outdoor uses as an accessory to a permitted main use and located on the same property as the permitted use. a. Art displays; b. Artisans, artists; C. Car shows; d. Christmas tree sales not as an accessory use to a main use; e. Display cases in malls or courts; f. Farmers market; g. Fashion shows; h. Festivals, exhibits and special events; i. Florists; j. Musicians/entertainment(subjectto provisions of noise ordinance), k. Plant and floral sales and displays; I. Postcard displays (limited to one per store frontage); M. Recycling collection center as an accessory use on a developed property; n. Theatre and public assembly; /Za � Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 28 o. Vending carts dispensing the following: i. Food, ii. Beverages, iii. Crafts, iv. Floral items, V. Other uses as determined by the planning commission. 3. Outdoor uses as an accessory to a permitted main use and located on public property including the public right-of-way (streets and sidewalks). a. Art displays; b. Artisans, artists; C. Festivals, exhibits and special events; d. Florists; e. Install auto accessories (Deleted by Ord. 1324); f. Musicians/entertainment(subject to provisions of noise ordinance); g. Outdoor dining including beverage service; h. Plant and floral sales and displays; i. Vending carts dispensing the following: i. Food, ii. Beverages, iii. Crafts, iv. Floral items, V. Other uses as determined by the planning commission. 4. Outdooruses located on public property including the public right-of- way (streets and sidewalks) and conducted in a designated area approved by the City Council and undertaken as part of a festival, event or program to promote commercial, artistic or cultural activity in the downtown district. a. Art displays; b. Artisans, artists; C. Car shows; d. Farmers market; e. Fashion shows; f. Festivals, exhibits and special events; g. Florists; h. Musicians/entertainment(subjectto provisions of noise ordinance); i. Outdoor dining including beverage service; j. Plant and floral sales and displays; k. Theatre and public assembly; I. Vending carts dispensing the following: i. Food, ii. Beverages, iii. Crafts, iv. Floral items, V. Antiques and collectibles, vi. Other uses as determined by the planning commission. D. Uses Permitted by Conditional Use Permit.The following uses may Ispeolo? Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 29 be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00: 1. Ambulance services,and accessory uses customarily incidentto the permitted use;provided,the site is located on a major or secondary thoroughfare as indicated by the general plan; 2. Automobile parking lots not in conjunction with a permitted use, subject to the provisions of Section 93.06.00; 3. Automobile parking structures; 4. Auto parts and accessories, retail, and installation of same; 5. Automobile sales agencies (at least fifty (50) percent of autos displayed for sale shall be new); 6. Automobile service stations; 7. Car washes; 8. Churches; 9. Cocktail lounges and night clubs as a primary use; 10. Commercial recreational facilities; 11. Convenience stores; 12. Convention center; 13. Drive-through facilities; 14. Hotels in which more than ten(10)percent of the guest rooms contain kitchen facilities; 15. Laundromats; 16. Liquor stores; 17. Lodges, meeting halls; 18. Motorcycle Rental provided there is no fluid service or engine part removal or repair conducted on the premises. All activities including instructions and driver checkout are to be conducted on private property within an approved parking areas. 19. Pawn shops, provided that no pawn shop is located closer than two thousand five hundred (2,500) feet to another; 20. Restaurants within a hotel containing from thirty(30)to ninety-nine (99) guest rooms; 21. Spas provided that staff is licensed and trained in the particular programs provide and such facility is in compliance with Chapter 5.34 of the Municipal Code. 22. Spas as an accessory use to a Hotel subject to the following standards. a. The facility is to serve hotel guests only. b. The Hotel has a minimum of 15 guest rooms. C. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code. d. Such facility shall comply with Chapter 5.34 of the Municipal Code.; 23. Thrift shops operated by charitable organizations; 24. Time-share projects subject to the provisions of Section 93.15 00; 25. Video/amusement arcades as a primary use subjecttothe provisions /'rea)5 Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 30 of Section 93.15.00; 26. Video/amusement machines as a secondary use subject to the provisions of Section 93.16.00. (Ord. 1553(part), 1998;Ord. 1551 (part), 1998; Ord. 1502(part), 1995;Ord. 1418(part), 1992; Ord. 1366(part), 1991; Ord. 1347 (part), 1990; Ord. 1324 (part), 1989; Ord. 1294 (part), 1988) SECTION 11. Section 9212.02 is amended to read as follows: All uses and structures not permitted in Section 92.12.01 are deemed to be specifically prohibited.The following classifications of uses shall not be permitted in this zone by commission determination: A. Automobile sales, used, as a primary use, and major repair; B. Dog kennels and catteries; C. Industrial uses; D. Motorscooterand motorbike rentals and sales,both as a primary and accessory use; E. Single-family residences; F. Wholesale and warehousing; G. Thrift shops not operated by charitable organizations; H. Mobilehome parks. (Ord. 1553(part), 1998; Ord. 1502(part), 1995; Ord. 1418 (part), 1992; Ord. 1294 (part), 1988) SECTION 12. Section 9213.01.0 is amended to read as follows: C. Uses Permitted by Land Use Permit. 1. Indoor Uses. a. Automotive rental agencies as part of a resort hotel. The following standards shall apply: i. Standards prescribed in Section 92.04.01(A)(2), Accessory Commercial Uses for Resort hotels shall be complied with, ii. Number of vehicles stored at the location shall be limited to the number necessary to serve the hotel only, iii. No service or repair facilities forthe vehicles shall be permitted atthe hotel site, iv. Such use shall be permitted only if the hotel contains an adequate number of parking spaces in accordance with the provisions of Section 93.06.00, b. Catering in conjunction with permitted main use; C. Child care centers; d. Delicatessen (provided no animals are kept or slaughtered on the premises); e. Farmers market; f. Festivals and exhibits; g. Ice cream parlors; /Oj6 Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 31 h. Liquor store; i. Restaurants; j. Spa as an accessory use to a beauty parlor or health/athletic club provided the staff is licensed and trained in the particular programs provided and such facility is in compliance with Chapter 5.34 of the Municipal Code. k. Take-out food service in conjunction with permitted restaurant use. 2. Outdoor uses as an accessory to a permitted main use and located on the same property as the permitted use. a. Art displays; b. Artisans, artists; C. Car shows; d. Christmas tree sales not as an accessory use to a main use; e. Display cases in malls or courts; f. Farmers market; g. Fashion shows; h. Festivals, exhibits and special events; i. Florists; j. Musicians/entertainment(subjectto provisions of noise ordinance); k. Outdoor dining including beverage service; I. Plant and floral sales and displays; M. Postcard displays (limited to one (1) per store frontage); n. Theatre and public assembly; o. Vending carts dispensing the following: i. Food, ii. Beverages, iii. Crafts, iv. Floral items, V. Other uses as determined by the planning commission. 3. Outdoor uses as an accessory to a permitted main use and located on public property including the public right-of-way (streets and sidewalks) a. Art displays; b. Artisans, artists; C. Festivals, exhibits and special events; d. Florists; e. Musicians/entertainment(subject to provisions of noise ordinance); f. Outdoor dining including beverage service; g. Plant and floral sales and displays; h. Vending carts dispensing the following: i. Food, ii. Beverages, iii. Crafts, iv. Floral items, V. Other uses as determined by the planning commission. 4. Outdoor uses located on public property including the public right-of- ise. 3r Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 32 way (streets and sidewalks) and conducted in a designated area approved by the city council and undertaken as part of a festival, event or program to promote commercial, artistic or cultural activity in the downtown district. a. Art displays; b. Artisans, artists; C. Car shows; d. Farmers market; e. Fashion shows; f. Festivals, exhibits and special events; g. Florists; h. Musicians/entertainment(subjectto provisions of noise ordinance), i. Outdoor dining including beverage service; j. Plant and floral sales and displays; k. Theatre and public assembly; I. Vending carts dispensing the following: i. Antiques and collectibles, ii. Beverages, iii. Crafts, iv. Floral items, V. Food, vi. Other uses as determined by the planning commission. SECTION 13. Section 9213.01.D is amended to read as follows: D. Uses Permitted by Conditional Use Permit.The provisions of Section 94.02.00 shall apply. 1. Auto parking structures; 2. Discotheques, nightclubs and cocktail lounges; 3. Drive-through facilities, unless otherwise prohibited; 4. Grocery store, subject to the C-D-N zone standards, Section 92.10.00, and applicable provision of the general plan; 5. Hotels in which more than ten(10)percent of the guest rooms contain kitchen facilities, subject to the standards in the R-4 Zone, Section 92.05.00, 6. Liquor store; 7. Spas provided the staff is licensed and trained in the particular programs in accordance with Chapter 5.34 of the Municipal Code and provided such facility is in compliance with Chapter 5.34 of the Municipal Code; 8. Spas as an accessory use to a Hotel subject to the following standards. a. The facility is to serve hotel guests only. b. The Hotel has a minimum of 15 guest rooms. C. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code. d. Such facility shall comply with Chapter 5.34 of the Municipal Code. /03awk Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 33 9. Time-share projects subject to the provisions of Section 93.15.00; 10. Video/amusement arcades as a secondary use in conjunction with a resort hotel subject to the provisions of Section 93.16.00. (Ord. 1553(part), 1998, Ord. 1502 (part), 1995; Ord. 1482 (part), 1994; Ord. 1418 (part), 1992; Ord. 1366 (part), 1991; Ord. 1324 (part), 1989; Ord. 1294 (part), 1988) SECTION 14. Section 9214.01.0 is amended to read as follows: C. Uses Permitted by Land Use Permit. 1. Indoor Uses. a. Automobile rental agencies; b. Bicycle rental; C. Catering in conjunction with permitted main use, d. Child care centers; e. Classic auto sales; f. Estate sales; g. Farmers market; h. Festivals and exhibits; i. Gun shops; j. Ice cream parlors; k. Nurseries, including outdoor storage of plants only; I. Recycling collection center as an accessory use; M. Restaurants within mixed-use developments in excess of twenty thousand (20,000) square feet of floor area; n, Spa as an accessory use to a beauty parlor provided the staff is licensed and trained in the particular programs as outlined in Chapter 5.34 of the Municipal Code and provided such facility is in compliance with Chapter 5.34 of the Municipal Code. o Take-out food service in conjunction with permitted restaurant use; P. Thrift shops. 2. Outdoor uses as an accessory to a permitted main use and located on the same property as the permitted use. a. Art displays; b. Artisans, artists; C. Car shows; d. Christmas tree sales not as an accessory use to a main use; e. Display cases in malls or courts; f. Farmers market; g. Fashion shows; h. Festivals, exhibits and special events; i. Florists; j. Musicians/entertainment(subject to provisions of noise ordinance), k. Plant and floral sales and displays; I. Postcard displays (limited to one per store frontage); Irc 33 Case 5.0833 and 5.0848. Ordinance September 20, 2000 Page 34 m. Theatre and public assembly; n. Vending carts dispensing the following: i. Food, ii. Beverages, iii. Crafts, iv. Floral items, V. Other uses as determined by the planning commission. 3. Outdoor uses as an accessory to a permitted main use and located on public property including the public right-of-way (streets and sidewalks). a. Art displays; b. Artisans, artists; C. Festivals, exhibits and special events; d. Florists; e. Musicians/entertainment(subject to provisions of noise ordinance); f. Outdoor dining including beverage service; g. Plant and floral sales and displays; h. Vending carts dispensing the following: i. Food, ii. Beverages, iii. Crafts, iv. Floral items, V. Other uses as determined by the planning commission. 4. Outdoor uses located on public property including the public right-of- way (streets and sidewalks) and conducted in a designated area approved by the city council and undertaken as part of a festival, event or program to promote commercial, artistic or cultural activity in the downtown district. a. Art displays; b. Artisans, artists; C. Car shows; d. Farmers market; e. Fashion shows; f. Festivals, exhibits and special events; g. Florists; h. Musicians/entertainment(subject to provisions of noise ordinance); i. Outdoor dining including beverage service; j. Plant and floral sales and displays; k. Theatre and public assembly; I. Vending carts dispensing the following: i. Food, H. Beverages, iii. Crafts, iv. Floral items, V. Antiques and collectibles, vi. Other uses as determined by the planning commission. Ire 3 y Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 35 SECTION 15. Section 9306.00.C.4 is amended to read as follows: C. Parking Design Standards. 4. Lighting. Parking lot lighting must be in accordance with Section 9321.00: Outdoor Lighting Standards. SECTION 16. Section 9306.00.E. is amended to read as follows: E. Design Dimensions.The off-street parking area design criteria, as set forth as follows,exemplify minimum dimensions necessary fortraffic circulation, ingress and egress, and public safety to and through parking areas, while setting aside ample open space to integrate landscaping,lighting and pedestrian design features into the plan to create an off-street parking area aesthetically complimentary to the urban environment. In order to allow for innovative designs to be explored,alternate designs may be considered and approved bythe planning commission.While this provision is not intended to allow deviation from the minimums as set forth herein, it is to provide flexibility in the application and structuring of landscaping and related environmental elements. The following parking lotdimensions shall applyto all parking lots constructed in accordance with this Zoning Code. In event practical difficulties and hardships result from the strict enforcement of the following standards due to existing permanent buildings, or an irregular shaped parcel, administrative relief may be granted bythe director of planning and building according to Section 9306.00B.10. and Section 9402.01 (Minor modification). Parking Dimensions--Ninety(90)Degree Angle(See Exhibit F-1 found atthe end of this section). 1. Parking spaces shall be seventeen (17) feet deep (standard) and fifteen(15)feet deep(compact), except where nose to nose deep(see subsection (E)(8) of this section). 2. Parking spaces shall be nine (9)feet wide (standard) and eight (8) feet wide (compact). 3. A driveway adjoining a double row of parking spaces shall be twenty- six(26)feet wide. Driveways adjoining a single-row of spaces shall be twenty-four (24) feet wide. 4. Curbs shall be installed at a minimum of five (5) feet from face of walls,fences,buildings or other structures.This requirement excepts driveways that are not a part of the maneuvering area for parking. 5. Peripheral planting areas are required every ten (10) spaces. The planters shall have a minimum exteriorwidth of nine(9)feet and provide at least six (6) foot minimum planting width. 6. Curbs shall be placed at a minimum of two feet from the face of walls,fences or buildings adjoining driveways which are not part of a maneuvering /spos' Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 36 area. (See subsection (E)(4) of this section where drive adjoins a maneuvering area). 7. Tree wells/median islands shall have a planting area of six(6)feetin diameter/width. 8. Nose-to-nose parking spaces shall be nineteen (19) feet long (standard) and seventeen (17) feet long (compact). 9. Cumulative dimensions. (Deleted by Ord. 1300) 10. Driveway widths shall be twenty-four (24) feet minimum and constructed to city standards. The director of planning and building may require a wider driveway to accommodate needs. 11. First parking space shall be ten (10) feet minimum distance from property line adjacentto the street.The director of planning and building may require a greater distance. 12. Six(6) inch PCC curb and gutters shall be installed, except that six (6)inch PCC vertical curbs may be installed in-lieu of curb and gutters if no drainage is carried along curb line. Where a six(6) inch PCC vertical curb is used, a two (2) foot wide concrete gutter section shall be installed along drainage lines. Individual wheelstops shall be prohibited unless approved by the director of planning and building. 13. Concrete walks with a minimum width of two(2)feetshall be installed adjacentto end parking spaces or end spaces may be increased to eleven(11)feet wide. 14. Curb radii shall be three (3) feet minimum. 15. One-way drives shall be fourteen(14)feet minimum wide.Two-way drives shall be twenty-four (24) feet minimum wide. 16. Cumulative dimension. (Deleted by Ord. 1300) 17. Parallel parking spaces shall be eight(8)feetwide by twenty-four(24) feet long.The length may be reduced to eighteen(18)feet,if a six(6)footseparation (no parking area) is provided between every two (2) spaces. 18. Single-family covered parking spaces shall be ten (10)feet wide by twenty (20) feet long. 19. Handicapped Parking Spaces. See Section 93.06.00(C)(10). Other dimensions as accepted by the Institute of Traffic Engineers may be approved by the director of planning and building or planning commission. AISLE WIDTH' PARKING ANGLE (IN DEGREES) 30 45 60 75 One Way Traffic 12' 14' 18' 20' Two Way Traffic 20' 21' 22' 22' These dimensions are face-of-curb to face-of-curb for curb and gutter aisles, or edge of pavement to edge of pavement for strip paved aisles. Nose -to-nose parking spaces shall bean additional two(2)feet in length. /Irron Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 37 SECTION 17. Section 9319 is amended to read as follows: The economic welfare, residential attractiveness and community character of Palm Springs are attributable to its unique aesthetic features and setting.The city finds that proper maintenance of properties is necessary to protect the welfare, attractiveness and characterof the community.Astandard of maintenance guards against unsafe and unhealthful conditions which can cause neighborhood deterioration.To insure a proper standard of maintenance, all properties in the city, including all areas between the extensions of side property lines to the centerline of adjacent streets, shall be subject to the following provisions: 1. All properties,including vacant properties,shall be keptfree of trash, building materials or the storage of other goods which are visible from the street or adjacent properties. Properties shall also be kept free of excessive vegetative undergrowth. 2. Buildings, including accessory structures,trellises,awnings and other similar features, shall be maintained in a condition free of the following abuses including, but not limited to: loose roofing and siding materials, unconcealed roof equipment, peeling paint or faded stain, broken or cracked windows, any unsafe structural element or other items which would degrade the appearance and/or safety of the structure. 3. Site improvements shall be maintained in a condition to guarantee safety and quality appearance and shall include but not be limited to: parking and walking areas free of weeds and excessivesand and dirt,visible parking lotstriping, paving materials(including walkways)which provide a smooth, unbroken surface, unbroken curbs and gutters, litter free trash and loading areas,walls and fences in a sturdy condition and free of graffiti orthe like,fountains or otherwater uses which are free of potential health dangers, lighting, signs, bicycle racks, internal traffic control items such as speed bumps, and drainage control items which are maintained in safe repair. 4. Landscaping improvements shall be maintained in a healthy condition and complementaryto neighboring buildings and properties.Such maintenance shall include, but not be limited to: lawns which are watered and trimmed to a uniform height, flowers and ground covers which are healthy and uniform in their appearance, and shrubs and trees which are trimmed and pruned to retain their health and adequate clearance over pedestrian and vehicular areas. Landscaping incorporating bare earth orgravel shall be kept free of weed growth. Plant materials designated on a landscape plan shall be retained in their natural shape unless otherwise denoted on the approved plan. 5. Irrigation systems shall provide adequate irrigation to all plant materials to allow normal growth, retain water within planted areas and be maintained in an operative condition. 6. Any other provisions established by the planning commission to insure proper maintenance of properties including maintenance standards /5z30? Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 38 established through architectural advisory committee, conditional use permit, or planned development district reviews. (Ord. 1294 (part), 1988) 7. Motorvehicles including automobiles and trucks are to be parked in areas constructed for motor vehicles and shall not be parked or stored in other portions of the front or side yard, particularly not on what is commonly referred to as the front lawn. SECTION 18. Section 9320.03.25 is amended to read as follows: 25. "Sign"means any identification,description, illustration or device illuminated or nonilluminated, which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, place, activity, person, institution, business or solicitation with the exception of window display. Any emblem, painting, banner, pennant, placard, lighting or other item, designed to advertise, identify or convey information shall be considered a sign. National flags or flags of political subdivisions shall not be construed as signs. Unless otherwise stated, an interior unlit sign or graphic, other than sale sign,with letters or numbers less than two(2) inches high per foot of distance from the street front glass shall be exempt from provisions of the sign ordinance. Unlessotherwise stated,this ordinance does not apply to signs located further than three(3)feet from the street front glass. a. This definition shall notinclude official notices issued byany courtor public body or officer or directional warning or information sign or structures required byorauthorized by laworbyfederal,state,county orcity authority. Norshall itapply to an interior unlitsign orgraphic,otherthan a sale sign,with letters ornumbers less than two(2)inches high per foot of distance from the street front glass nor to signs located further than three (3) feet from the street front glass. SECTION 19. Section 9320.05.A.2 is amended to read as follows: 2. Signs for Commercial and Industrial Uses. Except as otherwise provided in this section,each separate business shall be limited to one(1) main sign. Where a monument or freestanding sign is located at a right angle to the right-of-way, each face may be allowed seventy-five(75)percentof the area otherwise permitted forthe applicable main sign. Relative thereto, the following provisions shall apply: a. Buildings Within One Hundred (100) Feet of Right-of-way The maximum area of a main sign for any business in a building located within one hundred (100)feet of the right-of-way upon which it faces shall be one (1) square foot of sign area per lineal foot of frontage which the business has facing on a right- of-way, plaza, promenade, arcade or parking lot(in the case of shopping centers). Except as otherwise provided herein, such signs shall have a surface area no greater than fifty (50) square feet. No such sign shall be closer than ten (10) feet from any other sign permitted hereunder. The main sign must be located adjacent lorem Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 39 to or on the building facing the right-of-way or parking lot from which its maximum allowable size is determined. b. Buildings One Hundred (100) Feet or More From the Right-of-way. The total aggregate area for a main sign for any business in a building located one hundred (100) feet or more from any right-of-way upon which it faces shall be the equivalent of one and one-half (1 1/2) square feet of sign area per lineal foot of frontage which the building has facing on a right-of-way or parking lot. Except as provided herein, such signs shall have a surface area no greater than seventy-five (75)square feet. No main sign shall be closerthan ten(10)feet from any other sign permitted hereunder.The main sign must be located adjacentto the right-of-way or on the building or parking lot from which its maximum allowable size is determined. C. Additional Sign Area fora Single Business in a Building Having Over Fifty(50)Feetof Frontage.A single business having a lineal frontage on any right-of- way in excess of fifty(50)feet shall be entitled to,in addition to subsections(A)(2)(a) or (A)(2)(b) of this section, an additional one (1) square foot of sign area for each four(4)feet of frontage in excess of fifty(50)feet up to one hundred (100)feet, and an additional one (1) square foot of sign area for each eight(8) feet of frontage in excess of one hundred (100) feet. d. Businesses Not on the Ground Floor. Businesses fronting on a main thoroughfare maintained exclusively on the second floor ofa multiple story building shall be entitled to fifty (50) percent of the sign area authorized for businesses conducted on the ground floor of the building. e. Buildings Within One Thousand(1,000)Feet of the Right-of-Way of Interstate 10. Notwithstanding the regulations of subsections (A)(2)(a) through (A)(2)(d) of this section, the maximum area of a main sign for any business in a building located within one thousand(1,000)feet of the right-of-way of Interstate 10 shall be one and one-half(1 Y2) square feet of sign area per lineal foot of frontage which the business has facing on the right-of-way of Interstate 10. Except as otherwise provided herein,such signs shall have a surface area no greaterthan one hundred fifty(150) square feet. No such sign shall be closer than twenty-five (25) feet from any other sign permitted hereunder. The main sign must be located adjacent to or on the building facing Interstate 10. SECTION 20. Section 9320.05.B.3 is amended to read as follows: 3. Pedestrian Sign Directory for Businesses within a Multi-Tenant Building. Where a multi-tenant building has been developed,a sign directory may be allowed which will identify the building orcomplex and each of the businesses housed in the building or complex. The sign directory maybe attached to the building or maybe amonumentsign. The building or complex identification sign shall not be larger than six(6)square feet per side,and the sign for the individual tenants shall be no larger than two (2) square feet per side. sc 39 Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 40 SECTION 21. Section 9320.06.C.3 is amended to read as follows: 3. Rate Signs. It is unlawful for any owner or operator of any apartment, hotel or mobilehome park within the city to post or maintain posted on any outdoor or outside advertising sign, pertaining to such establishment, any rates for accommodations in such establishments unless the signs shall have posted thereon the rates charged for all rooms or other rental units or accommodations offered for rental, the number of rooms or other rental units offered for rental at each rate, and the number of persons accommodated at the rate posted. All posted rates and descriptive data allowed by this section shall be an integral part of the principal sign and shall be in a type and material of the same size and prominence as the other elements in the principal sign. Rate signs shall not be posted on temporary signs or interchangeable elements of permitted signs. No additional sign area will be granted for the specific purpose of the posting of rates. This section shall not be held to be complied with by signs stating the rate per person or bearing the legend "and up." For purposes of this section, if a sign is placed inside a building for the purpose of being viewed from outside the building,it shall be considered an outside advertising sign and shall be subject to the provision herein. (Ord. 1538(part), 1996;Ord. 1294 (part), 1988) SECTION 22. Section 9321.00 is amended to read as follows: 9321.00 OUTDOOR LIGHTING STANDARDS A. INTENT & PURPOSE These regulations are intended to maintain ambient lighting levels as low as possible in order to enhance the City's community character and charm and maintain darkskies. Area lighting should provide good visibility, minimum glare and minimum spillage onto other properties or into the sky. Itis the intentof this Section to encourage, through the regulation of the types, kinds, construction, installation and uses of outdoor electrically powered illuminating devices,lighting practices and systems to conserve energy without decreasing safety, utility, security and productivity while enhancing nighttime enjoyment of property and night skies. These regulations are intended to be consistent with the requirements of the electrical code, as adopted by the City under Palm Springs Municipal Code Section 8.04.055,except where a different standard is provided based on the local climactic, geological or topographical conditions of the City of Palm Springs. Exterior lighting shall be: • architecturally-integrated with the characterof the associated structures,site design and landscape; • directed downward and shielded, or specifically directed towalls, landscape Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 41 elements or other similar features, so that light is confined within the boundaries of the subject parcel; • installed so that lights do not blink, flash or be of unusually high intensity or brightness; • appropriate in height, intensity and scale to the uses and the site they are serving; • installed in conformance with the provisions of this Section, the Building Code,the Electrical Code,and under appropriate permit and site inspection. B. EXCEPTIONS The following outdoor lighting is not subject to the provisions of this section 1. All outdoor light fixtures existing and legally installed prior to the effective date of this Section except: • when 50% of more of the existing luminaires are reconstructed or replaced, or • when a tenant or use change causes a change in the hours of operation or intensity of night time use; 2. Lights used for holiday decorations,when displayed during the period of display of the City's public holiday decorations; 3. Portable temporary lighting used by law enforcement oremergency services personnel to protect life or property; 4. In single family residential zones, fixtures containing lamps emitting less than 1800 lumens (26 waft for flourescent lighting, 50 watt for high intensity discharge, and 100 watt for incandescent) provided the light fixture is fully shielded and properly focused downward to minimize glare and spill light into the night sky and onto adjacent properties and does not exceed a height of fifteen feet; and 5. Street lights erected on public or private right-of-way. Street light design is to be in compliance with City standards. 6. Lighting associated with a Special Event as described in Palm Springs Municipal Code Chapter 6.12. C. LIGHTING STANDARDS 1. Parking Area Illumination Levels The minimum maintained illumination requirement is.50 footcandles in the general parking areas. "General parking areas" are defined as being 80% of a parking lot excluding entrances or traffic lanes directly in front of store entrances for commercial zones. The maximum to minimum foot candle ratios shall not exceed 16:1, with a maximum of 8 footcandles and an average notto exceed 3 footcandles, in general parking areas. Lighting plans should be designed so that higher traffic areas have sufficient lighting. Vertical(amps shall be utilized. Lenses shall not protrude below the lamp screening material, that is sag lenses are not permissible. 1�e y/ Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 42 Subjectto Planning Commission approval,the minimum maintained foot-candle requirement may be reduced, so long as the minimum to maximum ration is maintained, to below one- half(.5)foot candles in parking areas which are provided with a significant level of ambient light; in parking areas that utilize a lighter colored parking surface such as concrete, and in parking areas located along a transition with sensitive land uses. Also subject to Planning Commission approval,the minimum maintained foot-candle requirement may exceed .50 foot candles when necessary for security or other purposes. 2. Entrance Lighting Multi-family residential and nonresidential development shall provide glare-free light fixtures at building entrances and exits. Nonresidential developments shall provide for lighting in accordance with this-chapter at all vehicle and pedestrian entrances and on-site vehicle intersections. Entrance lighting may not exceed a height of twelve (12) feet and must be high pressure sodium. In order to promote safety,average lighting levels at entrances shall be equal to the average lighting level of the associated parking lot. 3. Spillover Lighting With the exception of light sources that do not exceed a height of three feet above finished grade, light sources must be a full cutoff so as to not direct light skyward, and shall be so arranged by means of filters orshields to avoid reflecting lighting onto adjoining properties orstreets. Lighting fixtures that do not exceed a height of three(3)feet above finished grade shall be properly focused to minimize glare and spill light into the night sky and onto adjacent properties. Direct lighting of the sky or of the hillside is prohibited except as provided pursuant to Section 5.64 of the Palm Springs Municipal Code (Searchlight Operations). 4. Height In nonresidential zoning districts, the height of parking lot lighting must be in scale with the building and structure heights on the site. If a building is within forty (40) feet of a property line, the lighting between the building and the property line shall be full cutoff shielded wall mounted units rather than free standing light poles. However, in order to allow creativity, the Planning Commission is authorized to allow freestanding lights in the 40 foot area.. Building mounted lights may be mounted no higher than 18 feet and must be a sharp cutoff. Lighting may not be mounted above the roofline. In commercial and industrial zones, pole heights shall not exceed twelve (12) feet for portions of the parking areas which are located within twenty-five (25) feet of a property ' within a single-family residential zone. Not withstanding the above, the height of a free standing light fixture shall not exceed eighteen (18) feet above finished grade. The Planning Commission has the authority to allow the erection of lighting fixtures in excess of eighteen (18) feet in order to provide is-c y� Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 43 compatibility with adjoining properties and streets. When such lighting is located in parking areas located along a transition with sensitive land uses such as hotel or residential uses, the height may be limited to twelve (12) feet. 5. Decorative Lighting All decorative lighting utilized in nonresidential and multifamily developments is subject to approval pursuant to Section 9404 (Architectural Approval). Such lighting is permitted to remain illuminated throughout the evening. 6. Hours of Operation a. All off-street parking areas associated with multi-family residential, commercial and industrial uses shall be illuminated at night. Multi-family residential lighting systems shall provide the full illumination required herein throughout the night hours. Nonresidential uses shall provide the full illumination required during hours the facility is accessible to customers, employees and other users with a maximum of 50% of full illumination provided throughout the remainder of night. b. Outdoor lighting used for illumination for walkways, private roadways and streets, equipment yards and outdoor security may remain on all night C. Outdoor lighting used for outdoor sales or eating areas, assembly or repair areas, signs, recreational facilities and other similar applications, shall be off between the time thirty (30) minutes after the closing of the business and sunrise. Areas which contain approved permanent outdoor storage may be lighted at 50% of full illumination. 8. Permitted Lamp Fixture Types Lighting in parking areas is limited to High Pressure Sodium. Metal Halide may be utilized to light architectural elements and pedestrian walkways. 9. Tennis Court Lighting Provisions for Tennis Court Lighting is found in Section 9301,011 TENNIS COURTS. SECTION 23. Section 9402.00.H.8.e.1.a is amended to read as follows. e. Standard and Development Criteria. i. Height Limits. (A) No commercial WECS shall exceed three hundred (300) 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. Irof V3 Case 5.0833 and 5.0848: Ordinance September 20, 2000 Page 44 SECTION 24: EFFECTIVE DATE:This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 25. PUBLICATION.The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this day of 2000 AYES: NOES: ABSENT: ATTEST CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk Mayor REVIEWED AND APPROVED AS TO FORM A 14re W