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HomeMy WebLinkAbout1978 ORDINANCE NO. 1978 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AMENDMENTS TO PALM SPRINGS ZONING CODE (PSZC) SECTIONS 91.00.10, 93.05.00, AND 94.03.00 RELATING TO REGULATIONS FOR PLANNED DEVELOPMENT DISTRICTS, CASE 5.1439 ZTA. City Attorney Summary This Ordinance is intended to implement the recommendations of the Ad Hoc PDD Committee, as approved by the City Council in July 2017. The Ordinance will rescind and replace the existing ordinance, and is intended to limit the quantity and types of waivers from development standards that have been approved historically under the PDD regulations. The Ordinance adds requirements fora pre- application process, enhances the minimum development standards required for PDD projects, encourages the development of affordable housing as a component of PDD projects, and establishes specific criteria and findings that must be met for approval of PDD applications. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. On July 20, 2017, the City Council held a joint meeting with the Planning Commission to review the recommendations of the Ad Hoc PDD Committee, and directed staff to develop a work plan to implement the recommendations of the Committee. B. On January 3, 2018, the City Council reviewed a proposed work plan to implement the recommendations of the Ad Hoc PDD Committee, and gave direction to staff to proceed with the implementation of the recommendations as outlined in the work plan. C. On January 10, 2018, the Planning Commission appointed a subcommittee to work with staff on drafting amendments to the Planned Development District (PDD) ordinance in accordance with the recommendations of the Ad Hoc PDD Committee. D. On June 27, 2018, the Planning Commission reviewed a proposed draft ordinance at a noticed public hearing, took public testimony concerning the draft ordinance, and requested revisions to the draft ordinance. Subsequent public hearings were held on July 11, 2018; September 11, 2018; and October 3, 2018. E. At the noticed public hearing on October 3, 2018, held in accordance with applicable law, the Planning Commission voted 6 to 0 recommend approval of the proposed amendment as revised. Ordinance No. 1978 Page 2 F. On February 6, 2019, the City Council held a noticed public hearing on the proposed Zone Text Amendment in accordance with applicable law. G. The project is categorically exempt from further review per the State CEQA Guidelines (California Code Regulations § 15000 et seq.). The whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment [§ 15060(c)(2)]. The whole of the Ordinance is exempt because the code amendment is not a "project" as defined by Section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment [§ 15060(c)(3)]. H. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zone Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented. I. The City Council finds that approval of the proposed Zone Text Amendment would: 1. Fulfill the terms of the settlement agreement entered into by the City of Palm Springs, Wessman Holdings, LLC, and People for Proper Planning (executed July 2014); 2. Implement the majority of the recommendations of the Ad Hoc PDD Committee relative to the PDD ordinance and processing of PDD applications; 3. Require conformance to the City of Palm Springs General Plan relative to land use and density; and 4. Improve the minimum development standards for PDD projects so as to retain community character. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this ordinance. SECTION 2. Amend Section 91.00.10 of the Palm Springs Zoning Code to include the following definitions: "Affordable Housing" means ownership or rental dwelling units affordable to households with extremely low, very low, low or moderate incomes as published periodically by HCD for households in Riverside County or equivalent as approved by the director of planning. Ordinance No. 1978 Page 3 "Lot coverage" means the percentage of lot area covered by all buildings and structures. Swimming pools or any portion of a structure which is open on at least one side and is an extension of the exterior open space, in the opinion of the director of planning services, shall not constitute a building for the purpose of this definition. "Open Space" means any parcel or area of land or water which is set aside, dedicated, designated, or reserved for public use or for the private use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space may include natural areas, parks, trails, sidewalks, landscaped medians, swimming pools, recreational facilities, water features, drainage facilities, and similar features and amenities, but shall not include streets, driveways, parking lots, or habitable buildings. "Open Space, Common" means open space that is designed and intended for the common use or enjoyment by residents, guests, or members of the general public. "Open Space, Private" means a usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. SECTION 3. Rescind and replace Section 93.05.00(E) of the Palm Springs Zoning Code as follows: E. Controlled Access. Controlled access is discouraged. Controlled access to developments shall only be approved by the Planning Commission where the applicant can establish that the development will be significantly impacted by unauthorized parking from adjacent uses or traffic impacts from adjacent uses beyond the design capacity of the internal streets, and will not negatively impact unauthorized parking, traffic, or public safety at adjacent uses. When considering applications for controlled access, the Planning Commission shall evaluate the use of parking restrictions or traffic calming measures first as an alternative to controlled access. Where controlled access to a development is proposed by the use of guardhouses, gates or other similar controls, the design of such access shall incorporate such features as service and emergency access, on-site turn-around, relevant signing, or other similar features as may be required by the Planning Commission. SECTION 4. Rescind and replace Section 94.03.00 of the Palm Springs Zoning Code as follows: 94.03.00 Planned Development District (PDD). A. Purpose and Intent. The purpose of planned development districts is as follows: i Ordinance No. 1978 Page 4 1. Allow development of multiple land parcels under a single development plan. 2. Allow a mixture of land uses, housing types, or zones within a single development project. 3. Allow flexibility in certain development standards, where contextually appropriate, or where necessary to accommodate the development of affordable housing. 4. Promote innovation and excellence in site and urban design, resulting in projects of significantly higher quality than would be achieved through conventional design practices and standards, and/or the underlying zoning. 5. Promote design variety within a development. 6. Promote open space preservation. 7. Promote more efficient traffic and pedestrian circulation. 8. Promote preservation of natural features or significant historic/architectural features. B. Applicability. The following regulations and general rules set forth in this section shall apply in a planned development district. A planned development district application is equivalent to a change of zone as specified in Section 94.07.00. A planned development district application may be required to implement the goals, policies and objectives of a specific plan. Development in a planned development district shall be subject to the requirements of this Section and shall conform to the specifications of the preliminary and final development plans as approved. C. Application and Procedures. 1. General Requirements. A planned development district may be established through application of the property owner or his legal representative or the City Council in accordance with the procedures as established in this Section, compliance with the requirements of the California Environmental Quality Act, and the approval of preliminary and final development plans. The process for approval of a planned development district shall be as follows: a. Pre-application Submittal; b. Preliminary Development Plan; and C. Final Development Plan. 2. Pre-application Submittal Process. a. Pre-application Submittal. Prior to submitting a planned development district application, the applicant shall submit a pre-application package in a form as determined by the Director of Planning Services. The pre-application submittal Ordinance No. 1978 Page 5 shall include the following: i. Scaled and dimensioned site plans in a schematic format; ii. Schematic massing diagrams and/or building elevations, showing the overall height of the project; iii. A project justification statement, as outlined in Section (3)(d); and iv. At the discretion of.the Director of Planning Services, the applicant may be required to provide preliminary analyses and environmental studies that identify and evaluate environmental constraints on the project site. b Neighbor Outreach Meeting. A Neighbor Outreach Meeti ng g (Outreach Meeting) is intended to engage residents, property owners and interested community members early in the conceptual design of the planned development district and inform the applicant as to what these parties find important in the neighborhood, what they consider compatible with the neighborhood, and what types of land uses they would support to be added to the neighborhood. An assigned City planner shall attend the Outreach Meeting and observe the process. The following is required of the applicant: i. The applicant shall conduct at least one (1) in-person Outreach Meeting in accordance with the procedures outlined by the Director of Planning Services. Notification of the meeting shall be provided to surrounding residents, property owners, community associations and Neighborhood Organizations, in accordance with the notification provisions listed in PSZC Section 94.09.00(E). ii. At the Outreach Meeting, the applicant shall, in good faith, provide information to the residents, property owners and community members about the purpose of the meeting, including a presentation on the goals and objectives of the planned development district, the conceptual development plan, and measures taken to ensure compatibility with the existing surrounding neighborhood. iii. After completing the Outreach Meeting, the applicant shall prepare an Outreach Meeting report. The report shall include a list of attendees and copies of the materials used during the Outreach Meeting. The applicant shall also include a list of input received from community members, and how and why it was or was not incorporated in the pre-application submittal. The report shall be organized such that issues and ideas provided by the community members are clearly labeled by the applicant in the list and the pre- Ordinance No. 1978 Page 6 application submittal. iv. In addition to the above Outreach Meeting, the applicant shall, at the request of the City, hold additional meetings after the formal planned development district application is submitted. C. Planning Commission Scoping Meeting. Once the requirements of Section (2)(a) and (2)(b) have been completed as determined by staff, the Planning Commission shall review the pre-application submittal materials at a study session. The Commission may provide comments to the applicant, but shall not take any action on the pre-application submittal, nor shall it preliminarily indicate approval, conditional approval or disapproval of the proposed project at this stage. 3. Formal Application — Preliminary Development Plan. The applicant shall submit a preliminary development plan for review by the Planning Commission and City Council. The following items shall be required in conjunction with the submittal of a preliminary development plan application: a. Plans, Elevations, and Sections. The applicant shall submit a site plan, landscape plan, building massing and elevations, and site sections, which shall be provided in schematic form. b. Permitted Uses. The applicant shall provide a list of permitted uses that shall be allowable in the planned development district. C. Development Standards. The applicant shall provide a list of development standards for the proposed planned development district, including but not limited to setback requirements, height limits, lot coverage requirements, open space requirements, parking requirements, permitted accessory structures, and setback requirements for accessory structures and swimming pools. The applicant may also be required to submit architectural design guidelines for projects that are intended to be constructed in multiple phases. d. Project Justification Statement. The applicant shall submit a project justification statement, identifying the following: i. How the proposed development is superior to that which is permitted by right-of-zone; ii. How the proposed application conforms to the purpose of a planned development district as identified in Section 94.03.00(A); iii. Which exceptions to the underlying zoning regulations are being requested and why those departures are necessary; Ordinance No. 1978 Page 7 iv. What recreational or open space amenities are being provided for residents of the development; and 5) How the architectural form and site planning is superior to that which would otherwise result from conformance to the standard zoning district requirements. e. Outreach Meeting Report. The applicant shall be required to provide a copy of the Outreach Meeting report, as outlined in Section (2)(b), with the preliminary development plan application. f. Public Benefit. The applicant shall identify the public benefit that is being provided to mitigate the impacts of the proposed development in accordance with the requirements of Section 94.03.00(D)(3). g. Concurrent Applications. Any associated applications required for the planned development district, such as a major architectural application, conditional use permit, or subdivision map, may be submitted and processed concurrently with the preliminary development plan application. 4. Development Agreement. In addition to the PDD application, applicants are required to prepare a development agreement for any of the following circumstances: a. Projects that are intended for development in multiple phases and the construction period will exceed two (2) years; b. Projects where the subject site is larger than five (5) gross acres in area; or C. Projects where a portion of the site is to be dedicated for conservation or public purposes, excluding standard dedications for public rights-of-way. The development agreement shall be prepared in accordance with the requirements and procedures set forth in Section 94.08.00. 5. Preliminary Development Plan — Recommendation by the Planning Commission. The Planning Commission shall hold a public hearing in accordance with the requirements of Section 94.09.00 to review the preliminary development plan for conformance to the requirements of this Section and shall make a recommendation to the City Council. The Planning Commission may recommend approval, approval with conditions, or denial of the application. The Planning Commission shall also make a recommendation to the City Council regarding the sufficiency of the public benefit provided by the applicant. Ordinance No. 1978 Page 8 I 6. Preliminary Development Plan — Approval by the City Council. The City Council shall hold a public hearing in accordance with the requirements of Section 94.09.00 to review the preliminary development plan for conformance to the requirements of this Section. Action to approve the plan shall constitute approval of a preliminary planned development district. The preliminary development plan shall, by reference, be incorporated into and become a part of the planned development district. 7. Final Development Plan —Approval by Planning Commission. The applicant shall submit a final development plan for approval by the Planning Commission. The final plan shall be substantially in conformance with the approved preliminary plan and shall incorporate all modifications and conditions to the preliminary development plan made by the City Council. Should the final plan propose modifications which are not in substantial conformance with the approved preliminary plan, such plan shall be processed as a new application. 8. Final Development Plan —Appeal of Planning Commission Action. Approval of the final development plan by the Planning Commission shall be final unless appealed to the City Council. The appeal procedure shall be pursuant to Chapter 2.05 of the Palm Springs Municipal Code. 9. Recordation of Final Map. Any final map required for a planned development district shall not be recorded until the Final Development Plan has been approved by the Planning Commission, or the City Council if on appeal. 10. Designation of Planned Development District on Zoning Map. Each planned development district shall be numbered, the first being shown on the official zoning map as PD(1) and each district subsequently applied for being numbered successively. All planned development districts granted final plan approval and constructed in accordance with the final plan shall be shown on the official zoning map of the city. Designation of a planned development district on the official zoning map shall constitute an amendment of the official zoning map. Planned development districts which are terminated pursuant to this Section shall revert to the previous zoning pursuant to Section 94.03.00(H). D. Minimum Development Standards. 1. Uses Permitted. The Planning Commission and City Council shall find that the proposed uses as shown on the preliminary development plan for the planned development district are in Ordinance No. 1978 Page 9 conformity with the required findings and conditions as set forth in this Section, the general plan, and sound community development. Only those uses approved by the Planning Commission and City Council may be permitted in the planned development district. The following types of uses may be permitted in a planned development district: a. Mixed-Use Development. Planned development districts may include a multiplicity of uses, provided the proposed uses are permitted by the general plan land use designation. The form and type of development on the site boundary shall be compatible with the existing or potential development of the surrounding neighborhoods. b. Housing Uses. Planned development districts may include a multiplicity of housing types, provided the density conforms to the overall gross density of the general plan requirements. A planned development district application for a single housing type is prohibited, unless combined with commercial or civic/institutional uses, or for the development of affordable housing units. C. Industrial Uses. In industrial zones, a property which combines industrial and service commercial uses may be approved as a planned development district subject to the performance standards of the M-1-P zone to protect the health, safety and welfare of the area. Such planned development districts shall be permitted on a major or secondary thoroughfare as indicated on the general plan street plan or when these uses are integrated into an overall development plan. In both instances the proposed use shall not adversely affect the uses of properties in adjoining areas. d. Civic/Institutional Uses. Additional uses may be permitted in the planned development district including churches, nursery and day schools for pre-school children, civic uses, and other similar uses when these uses are located on a secondary or major thoroughfare as indicated on the general plan street plan or when these uses are integrated into an overall development plan and when in both instances the proposed use would not adversely affect the uses of property in adjoining areas. e. Gaming Uses—Allotted Trust Land. On allotted trust lands of the Agua Caliente Indian Reservation, a property which contains a gaming facility may be approved as a planned development district subject to the objectives and general plan land use section to protect the health, safety and welfare of the area. Such planned development district may include support uses such as resort hotels, restaurants, retail commercial, and entertainment and parking facilities. Such planned development district shall be permitted on a major Ordinance No. 1978 Page 10 or secondary thoroughfare as indicated on the general plan street plan or integrated into an overall development plan. In both instances the proposed use shall not adversely affect the uses of adjoining properties. 2. Property Development Standards. The Planning Commission and the City Council shall establish a full range of development standards appropriate to the orderly development of the site, which shall include the following minimum standards: a. Building Height. Building heights shall conform to the requirements of the comparable underlying zoning district, or as may be permissible under the General Plan. b. Parking Requirements. Parking and loading requirements shall be subject to the requirements of Sections 93.06.00 and 93.07.00, respectively. Reductions in parking requirements may be approved as part of a planned development district application where there is a mixture of uses on the site and such uses may benefit from a shared parking arrangement. A parking study shall be submitted for review as part of any request to reduce parking requirements based on a shared parking arrangement. C. Setback Requirements. Front yard setbacks compatible with the existing or potential development adjacent and/or opposite from existing development shall be required to provide for an orderly and uniform transition along the streetscape to preserve, protect and enhance the properties adjacent to the proposed planned development district. Nonperipheral areas of the planned development district shall not be subject to this requirement but shall be determined by approval of the preliminary development plan by the City Council. Exceptions to internal setback requirements or minimum building separation requirements shall be mitigated by increased open space. d. Lot Width. Minimum lot frontage not less than that of existing lots adjacent and/or opposite from existing developments shall be required to provide for an orderly and uniform transition along the streetscape to preserve, protect and enhance the properties adjacent to a proposed planned development district. Nonperipheral areas of the planned development district shall not be subject to this requirement but shall be determined by approval of the preliminary development plan by the Planning Commission. e. Development Form. The form and type of development on the planned development district site boundary shall be compatible with the existing or potential development of the surrounding parcels. f. Open Space Requirements. Open space for planned Ordinance No. 1978 Page 11 districts shall be equal to or greater than the minimum open space requirement for the comparable zone in which the planned development district is located. Recreational areas, drainage facilities and other man-made structures may be considered to meet a part of the open space requirements, where such facilities provide recreational opportunities for residents or are enhanced with landscape treatments that adequately screen the facilities. i. Natural Features. Protection of natural landscape features such as watercourses, sensitive land area, existing native vegetation, wildlife, unique topographical features, and views shall be required. Open spaces shall be integrated into the overall design of the project. H. Open Space for Commercial/Industrial Uses. The percentage of open space for commercial, industrial and mixed uses shall be determined by the development plan approved by the City Council, and shall include features such as plazas, pocket parks, or other similar features where feasible. iii. Open Space for Residential Uses. Of the total required open space area, a maximum of 50% may be designated as private open space. The remainder of the required open space area shall be designated as common open space. g. Street/Driveway Alignment. Planned development districts shall respect the existing street grid, so that entrances to the development or streets within the development align with the existing street grid at the perimeter of the development. In addition, the planned development district shall conform to the street alignments identified in the Circulation Plan of the General Plan. h. Density— Affordable Housing. Housing density may be increased in conformance with state and local regulations if the planned development district assists the city in meeting its affordable housing goals as set forth in the housing element of the general plan. i. Perimeter Landscape Buffer. A ten (10) foot wide landscape buffer area shall be required between any perimeter wall and any abutting public right-of-way. k. Pedestrian and Bicycle Access. Pedestrian and bicycle access to the development shall not be gated and shall remain open and accessible. 3. Public Benefit. a. General. Each application for a planned development Ordinance No. 1978 Page 12 district shall require the provision of public benefit to offset any additional impacts of the project, including those additional impacts specifically created by waivers of development standards requested under this section. b. Exclusions. The elements listed below shall not be considered as a public benefit: i. The project itself shall not be considered as a public benefit, unless a minimum of twenty-five percent (25%) of the gross floor area of the project has been developed as affordable housing units; ii. The dedication of land or public improvements, the payment of standard impact fees or any other exaction which is imposed on all comparable development projects not seeking waivers of development standards under this section. C. Determination of Public Benefit. The public benefit shall proportionally offset the additional impacts created by the waivers requested as part of the planned development district application. The applicant shall be responsible for identifying the requested waivers for the project and their impact on public infrastructure and/or services and the accompanying public benefit that will offset that impact. The Planning Commission and the City Council shall review the proposed public benefit for sufficiency and shall specifically identify the public benefit in the conditions of approval for the development. d. Types of Public Benefit Required. An approved public benefit shall include one or more of the elements listed below or any similar element that is intended to proportionally offset the addition impacts specifically created by the waivers requested under this section. i. Affordable Housing. The payment of fees to the City's affordable housing fund, construction of affordable housing units on the site, or the construction of off-site affordable housing units. ii. On-site Public Amenities. The provision of on-site amenities which will be available to or benefit the general public such as parks and plazas, community open space dedication, community meeting rooms, civic facilities, day care facilities, preservation of historic structures, preservation of natural features, public art, or similar amenities. iii. Off-site Improvements. The provision of off-site amenities and dedications, including traffic enhancements, traffic calming improvements, bikeways and trails, park lands, recreation facilities, public art, or other similar public improvements Ordinance No. 1978 Page 13 located off the project site which are intended to proportionally offset the additional impacts specifically created by the waivers requested and this section for the project. E. Criteria and Findings — Preliminary Development Plan. The City Council shall not approve a preliminary development plan unless the following findings are made: 1. The uses, density and intensity of the proposed preliminary development plan are in conformance to the general plan land use designation for the site; 2. The uses permitted under the proposed development plan are in conformance to the requirements listed in Section 94.03.00(D)(1), and are not detrimental to adjacent properties or residents; 3. The preliminary development plan is in conformance to the property development standards listed in Section 94.03.00(D)(2); 4. The site is adequate in size and shape to accommodate the density and/or intensity of the proposed development; 5. The site for the proposed preliminary development plan has adequate access to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use, and the design for the site enhances or continues the city's existing grid in accordance with the Circulation Plan of the City of Palm Springs General Plan; 6. The public benefit provided by the development is mitigates any waivers or exceptions requested as part of the preliminary development plan; and 7. That the conditions to be imposed and shown on the approved preliminary development plan are necessary to protect the public health, safety and general welfare. F. Criteria and Findings — Final Development Plan. The Planning Commission shall not approve a final development plan unless the following findings are made: 1. The final development plan is in substantial conformance with the preliminary development plan; 2. The final development plan is in substantial conformance with all other associated entitlements for the development; and 3. The final development plan incorporates all modifications and conditions to the preliminary development plan as approved by the City Council. G. Modification of a Planned Development District. A planned development district may be modified by submitting a request for such modification to the Department of Planning Services. 1. Minor Modifications. Minor modifications to the approved Ordinance No. 1978 Page 14 preliminary development plan or final development plan may be approved by the Director, or may be referred to the Planning Commission for approval at the discretion of the Director. Minor modifications may include any of the following: a. Reduction in the number of units or overall building square footage by no more than 10%; b. Minor adjustments to building footprints or building setbacks, provided conformance is maintained to perimeter setback requirements; C. Minor adjustments to the configuration of parking areas, provided conformance is maintained to parking requirements; d. Minor adjustments to landscape buffer areas or open space areas, provided lot coverage and open space requirements are maintained; e. Adjustments to the approved colors or materials specified for the development, provided such adjustments do not materially impact the visual appearance or aesthetic quality of the development; f. Minor modifications to the list of permitted uses for the planned development district, provided such modifications do not materially change the intent of the planned development district. 2. Major Modifications. Any modification that does not qualify as a minor modification as defined in this Section shall require review in a public hearing by the Planning Commission and the City Council in accordance with the initial submittal requirements. H. Termination of Proceedings. 1. Termination of Proceedings — Preliminary Development Plan. If, within two (2) years after the date of approval by the City Council of the preliminary development plan, the final development plan, as indicated in Section 94.03.00(C), has not been approved by the Planning Commission, the procedures and actions which have taken place up to that time shall be null and void and the preliminary planned development district shall expire. Extensions of time may be allowed in accordance with the provisions of Section 94.12.00. The extension of any associated tentative map shall not be extended beyond the term approved for the preliminary development plan. 2. Termination of Proceedings — Final Development Plan. a. If the owner or owners of property in the planned development district have not commenced construction within twelve (12) months from the date of the approved final development plan as approved by the Planning Commission, Ordinance No. 1978 Page 15 the planned development district shall be subject to revocation/repeal by the Planning Commission, after holding a noticed public hearing. The Planning Commission may extend the twelve (12) month period required for commencing construction in accordance with the application procedures and criteria listed in Section 94.12.00. b. Planned development districts which are approved in conjunction with an approved development agreement shall be subject to the termination requirements of the development agreement. 3. Reversion to Previous Zoning. Any PDD which has been revoked/repealed as provided in subsection (H)(2)(a) shall revert to the original zoning designation and the planned development district designation shall be removed from the zoning map. SECTION 5. Amend Section 9.63.110(c) of the Palm Springs Municipal Code as follows: (c) Any extension(s) of a tentative map approval or conditional approval shall not exceed a total of twenty-four (24) months. SECTION 6. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 7. The project is categorically exempt from further review per the State CEQA Guidelines (California Code Regulations § 15000 et seq.). The whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment [§ 15060(c)(2)]. The whole of the Ordinance is exempt because the code amendment is not a "project" as defined by Section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment [§ 15060(c)(3)]. SECTION 8. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. Ordinance No. 1978 Page 16 ADOPTED THIS 20TH DAY OF FEBRUARY, 2019. ROBE T MOON MAYOR ATTEST: HONY I , MM CITY CLE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1978 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on Wednesday, February 6, 2019, and adopted at a regular meeting of the City Council held on the 20th day of February, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Mayor Pro Tern Kors, and Mayor Moon NOES: None ABSENT: Councilmember Roberts ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of ''to"a , Zc Oct aTHONY JI M CITY CLE K