HomeMy WebLinkAbout4/7/2004 - STAFF REPORTS (21) DATE: April 7, 2004
3' TO: City Council
FROM: Director of Planning and Zoning
CASE NO. 5.0995 — REQUEST INITIATED BY THE CITY OF PALM SPRINGS FOR TEXT
AMENDMENTS TO THE ZONING ORDINANCE WITH RESPECT TO: A) SECTION 94.04.00,
ARCHITECTURAL REVIEW, SO AS TO REVISE THE PERMIT PROCESS FOR
ARCHITECTURAL APPROVAL APPLICATIONS; B) SECTION 93.13.00, HILLSIDE
DEVELOPMENTS, SO AS TO REVISE THE PERMIT PROCESS FOR HILLSIDE
DEVELOPMENT APPLICATIONS AND TO ESTABLISH ALTERNATIVE STREET
STANDARDS FOR HILLSIDE AREAS; AND C) SECTION 92.11.00, C-S-C- ZONE, SO AS TO
ALLOW BUSINESS SCHOOLS AS A PERMITTED AND CONDITIONAL USE IN THE
COMMUNITY SHOPPING CENTER ZONE, CITYWIDE.
RECOMMENDATION
That the City Council order the filing of a Negative Declaration and approve various
amendments to Sections 94.04.00, 93.13.00, and 92.11.00 of the Zoning Ordinance so as to: a)
revise the permit process for architectural approval applications, citywide; b) revise the permit
process for hillside development applications and to establish alternative street standards for
hillside areas; and c) to allow business schools as a permitted and conditional use in the
community shopping center zone, citywide.
SUMMARY
The Planning Commission reviewed the proposed zoning text amendments at their meeting on
March 10, 2004 and voted 6-0 (1 absent) to approve the amendments with the modification that
the minimum travelway width be 24 feet for alternative street standards as described in sub
section 93.13.00(I).
BACKGROUND
Section 94.04.00 Architectural Review provides the framework for reviewing development
projects and establishes a Planning Commission Architectural Advisory Committee. The
following amendments are proposed:
1. Creation of a Planning Commission Architectural Advisory Committee (PC-AAC). The
current ordinance allows the Director of Planning and Zoning to appoint an advisory
design review committee. Under the proposed amendments, the Planning Commission
would appoint the PC-AAC and its membership would include three California based
architects, one California licensed landscape architect, other design professional, and
additional members with similar or related expertise.
2. Minor modification of the Review Guidelines clarifying review of exterior lighting, sign
and criteria. Overall these changes are minor and do not expand regulatory authority.
3. Modification of procedures which reference associated amendments to Section
93.13.00, Hillside Developments, establish criteria for staff approval authority, appeals of
staff decisions, and Planning Commission review and approval authority.
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4. Projects which are subject to CEQA, and are not exempt, will be subject to a public
hearing. This is a new requirement which is necessary to provide public review for
projects which may cause potentially significant environmental impacts.
5. Adds a requirement that PC-AAC agendas be provided to designated neighborhood
representatives.
6. Adds a provision which allows retroactive time extensions for good cause.
Section 93.13.00, Hillside Developments, governs all developments located in hillside areas.
Hillside areas are defined as any parcel of land which contain any land with a grade of ten (10)
percent or more. Hillside areas are located within and adjacent to the San Jacinto and Santa
Rosa Mountains, and associated alluvial fans. The proposed amendments address permit
processing and roadway design. The following amendments are proposed:
1. Establish procedures for notifying adjacent property owners that an application has been
filed, provide public notice of Planning Commission meetings, and provide for a public
hearing process for hillside application if deemed necessary by the Planning
Commission. Appeals of Planning Commission decision would continue to be
considered by the City Council pursuant to Chapter 2.05 of the Palm Springs Municipal
Code (PSMC).
2. Create provisions defining minor remodels and/or additions to the exterior of a building,
site plan, grading, landscape, exterior lighting which can be approved by staff. Appeal of
staff decisions shall be to the Planning Commission.
3. Establish alternative street standards which allow for reduced curb to curb widths,
modified curb and gutter improvements subject to meeting certain criteria. Currently
Hillside Collector streets are required to have a minimum right of way of 40 feet and a
street width of 32 to 36 feet. Minor Hillside Streets are required to have a minimum right
of way of 40 feet and street widths ranging from 28 to 32 feet. The new standards would
allow for exceptions subject to approval of the Planning Commission or City Council.
The new minimum travel way would be 24 feet. Criteria for exceptions to standard
improvements may require passing lanes, turning lanes, traffic calming devices,
adequate sight distance, adequate drainage, parking areas, dust control, and other
improvements to make reduced street widths functional and safe. The Fire Department
may require upgraded fire protection systems both on and off site.
The purpose of the proposed amendments is to allow greater public involvement in review of
hillside developments and allow consideration of narrower streets subject to certain criteria.
Section 92.11.00 Community Shopping Center Zone is intended to allow orderly development
within the City's Community Shopping Center (C-S-C) zones. The C-S-C zone applies to three
areas within the City as follows: Smoke Tree Shopping Center (Sunrise Way and East Palm
Canyon Drive), Palm Springs Mall (Farrell Drive and Tahquitz Canyon Drive), and Palm Springs
Market Place (Sunrise Way and Vista Chino). The proposed amendment to the C-S-C zone is
intended to allow small business schools (under 25,000 square feet) as a permitted use and
large business schools (over 25,001 square feet but not exceeding 40,000 square feet) with a
conditional use permit. The City Council, on December 17, 2003, determined that business
schools are similar to office uses and adopted Resolution No. 20800 allowing business schools
as a permitted use in the C-S-C. zone. As a follow-up motion, the City Council directed staff to
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further evaluate business schools and determine if a conditional use permit may be an
appropriate permit procedure to allow evaluation of the mix of uses in each C-S-C Zone and
maintain a balance of land uses.
ANALYSIS
The amendments to the Architectural Review ordinance will formalize the current Design
Review process and provide for additional public notice and input into the architectural approval
process. The amendments to the Hillside Developments ordinance will formalize the current
practice by staff of providing courtesy notices to adjacent property owners and also clarify the
extent to which improvements to structures in hillside areas can be approved by staff. In
addition, the establishment of alternative street standards will allow the Planning Commission
and City Council increased flexibility in reviewing street standards where conventional standards
are not appropriate due to topography or existing conditions, among others. The request to add
business schools to the C-S-C Zone as a permitted use was evaluated by City Council, which
determined that small business schools were similar to office uses. Large business schools
would require a conditional use permit because the impacts could be more significant than a
traditional office use.
ENVIRONMENTAL ASSESSMENT
The City of Palm Springs, in its capacity as the lead agency for this project, under the California
Environmental Quality Act (CEQA) evaluated the potential environmental impacts of the project
through the preparation of an Initial Study for Case No. 5.0995. The City of Palm Springs has
determined that the Zoning Ordinance text amendments pertaining to Section 94.04.00
Architectural Review, Section 93.13.00 Hillside Developments, and Section 92.11.00 C-S-C-
Zone will not have a significant impact on the environment and a Negative Declaration has been
prepared. The Initial Study meets the requirements of the State of California CEQA, the State
CEQA Guidelines, and the City of Palm Springs' Guidelines for the implementation of CEQA. A
Notice of Intent to adopt a Negative Declaration was published in accordance with State Law
with the review period ending on March 3, 2004.
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NOTIFICATION
As the proposed Zoning Ordinance amendments are citywide, the number of property owners to
be noticed exceeds 1,000. Pursuant to California Government Code Section 65091, an 118 page
advertisement for the proposed amendments was placed in the Desert Sun. In addition, the
Negative Declaration was circulated to local agencies and interested parties for their review.
Director of Planning and Zoning
City Manager
ATTACHMENTS
1. Environmental Assessment
2. Planning Commission minutes from March 10, 2004 (to be included)
3. Ordinance
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CITY OF PALM SPRINGS �.1 F i- C c
PLANNING COMMISSION MINUTES
March 10, 2004
Large Conference Room, City Hall
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
ROLL CALL: Present Present FY 03/04
This Meeting to Date Excused Absences
Jon Shoenberger, Chair X 18 0
Dianne Marantz, Vice Chair X 17 1
Mark Matthews X 15 3
Jerry Grence X 16 2
Tracy Conrad 15 3
Ricky Wright X 16 2
Larry Hochanadel X 18 0
STAFF PRESENT:
Jing Yea, Principal Planner
Marcus Fuller, Senior Civil Engineer
Alex Meyerhoff, Principal Planner
Kathy Marx, Associate Planner
Matthew Feske, Assistant Planner
Gabriel Diaz, Assistant Planner
Marilynn Hannon, Administrative Coordinator
Chairman Shoenberger called the meeting to order at 1:37 p.m.
The March 10, 2004 Agenda was available for public access at the City Hall exterior bulletin board
and the Department of Planning & Zoning counter by 4:00 p.m., March 5, 2004.
APPROVAL OF MINUTES:
M/S/C (Marantz/Grence 6-0, 1 absent) to approve the minutes of January 28, 2004.
PUBLIC COMMENTS:
Chairman Shoenberger opened the meeting for Public Comments. He asked that comments be
confined to 3 minutes and that they be deferred relative to specific items until they are called.
There being no appearances, Public Comments was closed,
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Planning Committee Minutes
March 10, 2004
Page - 2 -
ARCHITECTURAL APPROVAL:
Case 3.2468 -Application by Carl Cox, architect for Simon Rodarte, owner, to construct a 10,642
square foot industrial services building at 661 Williams Road, Zone M-1, Sec. 19.
Kathy Marx,Associate Planner, identified the locations on the elevation and described the adjacent
facilities uses which are all typical warehouse/car repair facilities. She stated that the proposed
building is definitely in keeping with the adjacent use and considered an appropriate land use. She
explained that at the Design Review Committee meeting, this basic building was applauded for its
simplicity, and suggestions to perhaps modify the fenestration of the windows, as well as some
revisions to the parking lot were made. She noted that these would be easy modifications to make,
as well as the further suggestion that the decorative wall proposed to be constructed of masonry
and wrought iron be confined to just masonry.
Commissioner Matthews stated that he just realized he has a leasehold conflict and they he must
recuse himself from this vote.
Chairman Shoenberger solicited public comments.
Mr. Carl Cox, architect for the project, stated that he had questions relative to Item number 8 in the
Conditions of Approval. Marcus Fuller, Senior Civil Engineer said that it can be deleted. Mr. Cox
asked further questions. Mr. Fuller responded that this is an unusual property and advised Mr. Cox
on how to proceed in connection with the utilities.
M/S/C (Hochanadel/Grence 5-0, 1 abstention) to approve as submitted, subject to Conditions of
Approval and the deletion of Item number 8e, and allow underground utilities to be deferred by
covenant (COA#20).
Sign Program - Dr. Richard Krauss for a sign program for existing buildings, located at 1546 North
Palm Canyon Drive, Zone C-1, Section 10.
Gabriel Diaz, Assistant Planner, describes the older style building south of Vista Chino & north of
west Stevens Road. Dr. Krauss is proposing to have signs on both the north and south elevations
since he intends to move to the back building which he is restoring. Planning staff is fine with the
zoning requirements and Design Review Committee supported the gold finish foam letters with a
satin finish.
Chairman Shoenberger solicited questions and/or comments by staff and the public.
M/S/C (Marantz/Matthews 6-0) to approve the sign application as submitted.
Planning Committee Minutes
March 10, 2004
Page - 3 -
Case 5.0804-PD/TM 29077 —Application by Palm Springs Modern Homes for final development
plans approval, of three (3) single story residences, located at Tahquitz Canyon Way, Zone R-3,
Section 15.
Chairman Shoenberger noted that the application has been withdrawn.
* * * * *
Application by City of Palm Springs for a landscaped median on South Palm Canyon Drive and
Sunny Dunes (adjacent to KFC &A&W), Zone C-2, Sec. 23.
Kathy Marx, Associate Planner, addressed the Commission describing the median requested and
designed by the City of PS, identifying the location in detail near Starbucks. She reported that
when the matter came before the Design Review Committee, it suggested three palm trees be put
in rather than the two that have been proposed, as well as additional boulders. She noted that
Engineering might want to address that. Commissioner Marantz asked about the possibility of
planting such large trees in anymore since CalTrans had objected to big trees on projects due to
safety issues. Marcus Fuller, Senior Civil Engineer and designer of the project came forward and
explained that while it was still possible to plant three such trees, that the size of the median was
very limited — less than 7 feet. He suggested that two trees, along with boulders and lantana,
would be a good solution.
Chairman Shoenberger invited questions.
M/S/C(Grence/Matthews 6-0)to approve as submitted, subject to two trees, boulders and lantana
being installed.
* * *
Sign Program -Application by Promotional Signs on behalf of Starbucks Coffee for a sign program
amendment to the Ralphs Shopping Center at 425 South Sunrise Way, Zone C-1, Section 14.
Gabriel Diaz, Assistant Planner, reported that this is an amendment to an already approved sign
program in the Ralphs Shopping Center on the east elevation. They are requesting an additional
sign for the southbound Sunrise side of the project. He notes that it is consistent with the other
signage of the other tenants and that the Design Review Committee approved this with the
recommendation that the size of the drive thru sign be three-quarters (3/4) the size of the logo.
M/S/C (Matthews/Grence 6-0) to approve subject to the drive thru sign being three-quarters (3/4)
the size of the logo.
* * * * *
Sign Program -Application by Jose Mauricio Lemus for a sign program at an existing building at
2330 North Palm Canyon Drive. Zone C-1, Section 3.
Assistant Planner, Gabriel Diaz, described this application for a sign program for a multi tenant
building and the Hacienda Blanca restaurant. The applicant has proposed a main painted sign over
Planning Committee Minutes
March 10, 2004
Page - 4 -
the archway, as illustrated in the drawings, and a secondary sign sandblasted underneath the main
entrance. He reported that this application previously had gone to Design Review and had had a
couple of redesigns. He reported that the Design Review Committee finally felt comfortable with
this as proposed and felt that it matched the companion architecture well. He added that the
secondary sign size will have to be reduced.
M/S/C (HochanadelNVright 6-0) to approve the Sign Program as submitted.
Chairman Shoenberger invited reports from Principal Planner, Jing Yeo, regarding City Council
Actions or the Commission Work Program. She responded that under the Work Program we have
six (6) Requests for Qualification submittals for the General Plan Update and that we are
requesting that he appoint a member of the Commission to act as a Selection Committee member.
Commissioner Grence was appointed by Chairman Shoenberger to represent the Commission in
this most important role.
Case 5.0995 A, B and C ZTA-A request by the City of Palm Springs for various text amendments
to the Zoning Code as follows:A)amend the Architectural Review ordinance, B)amend the Hillside
Development ordinance, and C) amend permitted and conditional uses in the C-S-C zone. The
details of the amendments are summarized as follows:
A) Request by the City of Palm Springs to amend the Zoning Code, Chapter 94.00, Section
94.04.00, Architectural Review Ordinance to revise the permit process for architectural
approval applications, citywide;
B) Request by the City of Palm Springs to amend the Zoning Code, Chapter 93.00, Section
93.13.00, Hillside Developments Ordinance to revise the permit processing procedures for
hillside development applications and to establish alternative street standards for hillside
areas; and
C) Request by the City of Palm Springs to amend the Zoning Code, Chapter 92.00, Section
92.11.00 ("C-S-C" community shopping center zone), to allow business schools as a
permitted and conditional use in the community shopping center zone, citywide.
Principal Planner, Jing Yeo, explained that this request is essentially a request for amendments
to three (3) sections of the Zoning Code with regard to the Architectural Review Ordinance, the
Hillside Developments Ordinance and the C-S-C Community Shopping Center Zone. These are
text amendments.
With respect to the Architectural Review Ordinance, this is basically a formalization of the design
review process and it being named the Planning Commission Architectural Advisory Committee,
along with some minor procedural changes to the public hearing processes concerning
environmental impact issues. With respectto Hillside Developments,this is intended to incorporate
the Architectural Review Ordinance, as well as adding a new provision for alternative street design
Planning Committee Minutes
March 10, 2004
Page - 5 -
to provide more flexibility to the Commission and the Planning Council. Thirdly, with respect to the
Community Shopping Center Zone,we are adding business schools as a permitted and conditional
use.
She reported that there is a motion in connection with the Hillside Developments street widening
for a minimum 24', but that there has recently been discussion about possibly reducing that 20'.
It was noted that this would be covered in the public hearings, as well as with input from the City
and Engineer and Fire Marshall.
Chairman Shoenberger opened the Public Hearing. There being no appearances, Chairman
Shoenberger closed the Public Hearing.
Chairman Shoenberger invited comments from City Engineer, David Barakian. Mr. Barakian stated
that the recommendation of the Engineering Department is that they go down to a 24' wide public
street, perhaps with no curb, as a width that would safely and easily provide two (2) directional
traffic to pass each other. He added that residents have requested streets west of Palm Canyon
to be left in their current configurations which are only 15' wide and that there has been much
further input in form of suggested alternatives. He noted that despite this, the Engineering
Department has recommended the 24' width based on State standards and codes, safety and
rising traffic flow, and that he believed the Fire Department has a requirement of no less than 20'
wide. He added that the 24' width is also in keeping with Planning Commission recent approvals
of new development street widths.
Fire Marshall Carl Thibeault arrived and Chairman Shoenberger invited his comments regarding
minimum street widths. Fire Marshall Thiebeault stated that Fire Code is a bare minimum of 20'
which allows a fire engine to pass with no parked cars. The Fire Code sets the bare minimum at
20' width with no obstructions and that means there cannot be any parked cars. Fire Marshall
responded that 24' a little better, but still does not allow parking. There followed a general
discussion by the Commission and numerous questions were posed by the Commissioners and
answered by Mr. Barakian and Fire Marshall Thiebeault.
M/S/C (Matthews/Marantz 6-0)to approve subject to the Conditions of Approval and modification
concerning the Hillside Developments street widening issue which would be the deletion of 1 a in
the exceptions which would eliminate the 20' option and confirm the minimum street width of 24'.
w w w w w
There being no further business to come before the Commission, the meeting was adjourned at
2:25 p.m.
Respectfully submitted,
Douglas R. Evans, Director of Planning and Zoning
NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
Case No. 5.0995
A) Amendments to the Architectural Review ordinance;
B) Revisions to the hillside developments ordinance; and
C) To allow business schools as a permitted and conditional use
in the Community Shopping Center (C-S-C) zone
and Intent to Adopt a Negative Declaration
Applicant: City of Palm Springs
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of April 7, 2004. The City Council meeting begins at 7:00
p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of the Hearing is to consider Case No. 5.0995: A) A request by the City of Palm
Springs to amend the City's Zoning Code, Chapter 94.00, Section 94,04.00, Architectural
Review Ordinance to revise the permit process for architectural approval applications citywide;
B) A request by the City of Palm Springs to amend the City's Zoning Code, Chapter 93.00,
Section 92.13.00; Hillside Developments Ordinance to revise the permit processing procedures
for hillside development applications and to establish alternative street standards for hillside
areas; and C) A request by the City of Palm Springs to amend the City's Zoning Code, Chapter
92.00, Section 92.11.00 ("C-S-C" community shopping center zone), to allow business schools
as a permitted and conditional use in the community shopping center zone, citywide. The
following is a brief summary of each request:
A) The City has an architectural review ordinance which applies to all development applications
except those submitted for single family residences on flat land not located on major
thoroughfares. The following is a summary of amendments proposed for the City's Zoning
Code, Chapter 94.00, Section 94.04.00, Architectural Review Ordinance: 1) Creation of a
Planning Commission Architectural Advisory Committee (PC-AAC) to be appointed by the
Planning Commission and to be composed of three California-based architects, one California
licensed landscape architect, other design professional, and additional members with related
expertise; 2) Modification of Section 94.04.00.D. (Design Review Guidelines) to clarify review of
exterior lighting, signs, and criteria; 3) Modification of Section 94.04.00.E. (Procedures) to
reference associated amendments to Section 93.13.00, Hillside Developments, and to establish
criteria for staff approval authority, appeals of staff decisions, and Planning Commission review
and approval authority; 4) Establishment of new procedures for public review of projects which
are subject to CEQA but are not exempt; 5) Require that PC-AAC agendas be provided to
designated neighbourhood representatives; and 6) Addition of a provision which allows
retroactive time extensions to be granted by the Planning Commission for good cause.
B) Section 93.13.00, Hillside Developments, governs development applications submitted in
hillside areas, defined any parcel of land which contains any land with a grade of 10% or
greater. The proposed amendments address revisions to the permit processing procedures and
the introduction of alternative street standards for hillside areas. Currently, abutting property
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owners are sent a courtesy notice when an application for new construction is filed in a hillside
area. The following is a summary of amendments proposed for the City's Zoning Code, Chapter
93.00, Section 93.13.00, Hillside Developments Ordinance: 1) Establishment of procedures to
notify adjacent property owners of applications that have been filed, Planning Commission
meetings, and Planning Commission public hearings, if deemed necessary by the Planning
Commission; 2) Creation of provisions to define minor remodels and/or additions to the exterior
of a building, site plan, grading, landscaping, and lighting in order to allow staff approval with
appeals of staff decisions to the Planning Commission; and 3) Establishment of alternative
street standards to allow for reduced curb to curb widths (new minimum travel way of 24 feet)
and modified curb and gutter improvements subject to several criteria such as requirements for
passing lanes, turning lanes, traffic calming improvements, adequate sight distance, adequate
drainage, parking areas, dust control, upgraded fire protection systems, and other
improvements to make streets safe and functional.
C) Refinements are proposed to Section 92.11.00 ("C-S-C" community shopping center zone),
to allow business schools as a permitted and conditional use in the community shopping center
zone, citywide.
The City of Palm Springs, in its capacity as the lead agency for this project, under the California
Environmental Quality Act (CEQA) evaluated the potential environmental impacts of the project.
Pursuant to Section 15063 of CEQA, an Initial Study has been prepared for Cases Nos.
5.0995A, B, and C. Through the preparation of the Initial Study for Case Nos. 5.0995A, B, and
C, the City of Palm Springs has determined that the Zoning Ordinance text amendments
pertaining to the Architectural Review ordinance, Hillside Developments ordinance, and the
Community Shopping Center zone could not have a significant impact on the environment and
therefore, a Negative Declaration has been prepared for the subject proposals which will be
reviewed by the City Council at the public hearing. The Initial Study meets the requirements of
the State of California CEQA, the State CEQA Guidelines, and the City of Palm Springs'
Guidelines for the implementation of CEQA. Members of the public may view this document in
the Department of Planning and Zoning, City Hall, 3200 E. Tahquitz Canyon Way, Palm
Springs, and submit written comments to the City Clerk at or prior to the City Council hearing.
If any group challenges the action in court, issues raised may be 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 Douglas R. Evans, Director of Planning and Zoning, at
(760) 323-8245.
PATRICIA A. SANDERS
City Clerk
CITY OF PALM SPRINGS
DEPARTMENT OF PLANNING AND ZONING
INITIAL STUDY
1. Case No.5.0995-A, -B, & -C
Project title: Zoning Text Amendment Section 94.04.00 Architectural Review, Section 93.13.00
Hillside Developments and Section 92.11.00 Community Shopping Center Zone,
2. Lead agency name and address: City of Palm Springs
3200 E. Tahquiiz Canyon Way
Palm Springs, CA 92262
3. Contact person and phone number: Douglas R. Evans,Dir.of Plalming and Zoning
Tel: (760)323-8245
4. Project location: City-wide
5. Project sponsor's name and address: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palen Springs, CA 92262
6. Description of project: These zoning text amendments are intended to revise the permit process
for architectural approval applications city-wide, amend the hillside developments ordinance and
allow business schools as a permitted and conditional use in the corrunmrity shopping center.
Section 94.04.00 Architectural Review provides the framework for reviewing development projects
and establishes a Planning Commission Architectural Advisory Committee. The following
amendments are proposed:
1. Creation of a Planning Commission Architectural Advisory Courtnittee(PC-AAC).
The current ordinance allows the Director of Planning and Zoning to appoint an
advisory design review committee. Under the proposed amendments,the Planning
Commission would appoint the PC-AAC and its membership would include three
California based architects, one California licensed landscape architect, other
design professional, and additional members with similar or related expertise.
2. Minor modification of the Review Guidelines clarifying review of exterior lighting,
sign and criteria. Overall these changes are minor and do not expand regulatory
authority.
3. Modification of procedures which reference associated amendments to Section
93.13.00 Hillside Developments which is described below, establish criteria for
staff approval authority, appeals of staff decisions, and Planning Commission
review and approval authority.
City of Patin Springs Initial Study 1 of 20 January 28,2004
4. Projects which are subject to CEQA,and are not exempt,will be subj ect to a public
hearing. This is a new requirement which is necessary to provide public review for
projects which may cause potentially significant eventual impacts.
5. Adds a requirement that PC-AAC agendas be provided to designated neighborhood
representatives.
6. Adds a provision which allows retroactive time extensions for good cause.
Section 93,13.00 Hillside Developments governs all developments located in hillside areas. Hillside
areas is defined as any parcel of land which contains any land with a grade of ten (10)percent or
more. Hillside areas are located within and adjacent to the San Jacinto and Santa Rosa Mountains,
and associated alluvial fans. The proposed amendments address permit processing and roadway
design. The following amendments are proposed:
1. Establish procedures for notifying adjacent property owners that an application has
been filed, public notice of Planning Commission meetings and a public hearing
process for hillside application if deemed necessary by the Plaiming Commission.
Appeals of Planning Commission decision would continue to be to the City Council
pursuant to Chapter 2.05 of the Palm Springs Municipal Code(PSMC).
2. Create provisions that define minor remodels and/or additions to the exterior of a
building, site plan,grading, landscape,exterior lighting which can be approved by
staff. Appeal of staff decision shall be to the Planning Commission.
3. Establish alternative street standards which allow for reduced curb to curb widths,
modified curb and gutter improvements subject to meeting certain criteria.
Currently Hillside Collector streets are required to have a minimum right of way of
40 feet and a 32"to 36" street width. Minor Hillside Streets are required to have
a minimum right of way of 40"and street widths ranging fiom 28-32 feet. Th new
standards would allow for exceptions subject to approval of the Planning
Commission or City Council. The new minimum travel way would be 20-24 feet.
Exception criteria may require passing lanes,turning lanes,traffic calming devises,
adequate sight distance, adequate drainage,parking areas, dust control, and other
improvements to make reduced street widths function and safe. The Fire
Department may require upgraded fire protection systems both on and off site.
The purpose of the proposed amendments is to allow grater public involvement in review of hillside
developments and allow narrower streets subject to criteria.
Section 92.11.00 - Community Shopping Center Zone is intended to allow orderly development
within the City's Community Shopping Center zones(C.S.C.) The C.S.C.zone applies to three areas
within the City as follows: SmokeTree Shopping Center(Sunrise Way and E.Palm Canyon Drive),
Palm Springs Mall (Farrell Drive and,Tahquitz Carryon Drive), and Palm Springs Market Place
(Sunrise Way and Vista Chiuo). The proposed amendment to the C.S.C.zone is intended to allow
small business schools (under 25,000 sq. ft.to 40,000 sq. ft.)as a permitted use and large business
r.r s rc�lg:(syet 20,000 sq.ft)as a conditional use permit. The City Council, on December 17,2003,
City of Palm Spruigs Tn tiaa Study 2 of 20 February 4,2004
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determined the business schools are similar to office uses and all adopted Resolution No. Allowing
business schools on an permitted use in the C.S.C.zone. As a follow-up motion,the City Council
directed staff to further evaluate business schools and determine if a conditional use permit may be
an appropriate permit procedure to allow evaluation of the mix of uses in each C.S.C. Zone and
maintain a balance of land uses.
7. General Plan designation:N.A.
Proposed General Plan designation:No change
8. Zoning:N.A.
Proposed Zoning: See project description.
9. Is the proposed action a"project"as defined by CEQA?(See Section 2.6
of State CEQA Guidelines. If more than one project is present in the Yes ® No 11
same area, cumulative impact should be considered)
10. If"yes" above, does the project fall into any of the Emergency Projects yes El No
listed in Section 15269 of the State CEQA Guidelines?
11. If"no" on 10., does the project fall under any of the Ministerial Acts yes ❑ No
listed in Section 15268(b) of the State CEQA Guidelines?
12. If "no" on IL, does the project fall under any of the Statutory yes ❑ No
Exemptions listed in Article 18 of the State CEQA Guidelines?
13. If "no" on 12., does the project qualify for one of the Categorical
Exemptions listed in Article 19 of the State CEQA Guidelines?(Where
there is a reasonable probability that the activity will have a significant Yes ❑ No IR
effect due to special circumstances, a categorical exemption does not
apply).
14. Surrounding land uses and setting(briefly describe the project's surroundings):
North: N/A
South: N/A
East: N/A
West: N/A
City of Palm Springs Initial Study 3 of 20 January 28,2004
15. Surrounding General Plan and Zoning:
North: N/A
South: N/A
East: N/A
West: N/A
16. Is the proposed project consistent with(if answered"yes"or"tt/a",no
explanation is required):
City of Palm Springs General Plan Yes® No ❑ N/A ❑
Applicable Specific Platt Yes ❑ No ❑ N/A 19
City of Palm Springs Zoning Ordinance Yes ® No ❑ N/A ❑*
South Coast Air Quality Management Plan Yes ❑ No ❑ N/A
Airport Part 150 Noise Study Yes ❑ No ❑ N/A
Draft Section 14 Master Development Plan Yes ❑ No ❑ N/A
*Actions are proposed zoning text amendments
�. �► � is
City of Palm Springs Initial Study 4 of 20 January 28,2004
17. Are any of the following studies required?
Soils Report Yes o No 0
Slope Study Yes ❑ No
Geoteclunical Report Yes El No
Traffic Study Yes,❑ No
Air Quality Study Yes ❑ No
Hydrology Yes ❑ No
Sewer Study Yes O No
Biological Study Yes ❑ No
Noise Study Yes Ll No®
Hazardous Materials Study Yes ❑ No
Housing Analysis Yes 11 No
Archaeological Report Yes ❑ No
Groundwater Analysis Yes ❑ No
Water Quality Report Yes 0 No
ID
Other Yes D No
18. Other public agencies whose approval is required(e.g.,pennits, financing approval, or
participation agreement.)
None
19. Incorporated herein by reference is the Filial Environmental hnpact Report on the General Plan
Update. This Final FIR addresses implementation of the City's General Plan and build-out of
the conara pity. The entire Final) IR is hereby incorporated by reference.
City of Palm Springs Initial Study 5 of 20 January 5,2004
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a"Potentially Significant Impact"as indicated by the checklist on the following pages.
❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality
❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils
❑ Hazards &Hazardous ❑ Hydrology/Water ❑ Land Use/Planning
Materials Quality
❑ Mineral Resources ❑ Noise ❑ Population/Housing
❑ Public Services ❑ Recreation ❑ Transportation/Traffic
❑ Utilities/ Service Systems ❑ Mandatory Findings of Significance
EVALUATION OF ENVIRONMENTAL EWPACTS
Less Than
Potentially Significantwith Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
1.AESTHETICS TICS--Would the project;
a) Have a substantial adverse effect on a scenic ❑ ❑ ® ❑
vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock ❑ ❑ ® ❑
outcroppings,and historic buildings within a state
scenic highway?
c) Substantially degrade the existing visual
character or quality of the site and its ❑ ❑ ® ❑
surroundings?
d)Create a new source of substantial light or glare
which would adversely affect day or nighttime ❑ ❑ ® ❑
views in the area?
A-D -Less than significant
The proposed amendments to Section 94.04.00 Architectural Review are intended to modify existing
procedures for architectural approval of development applications. Proposed amendments do not cause
any physical changes to the environment and will not result in any potentially significant essential impacts
to scenic, visual or other aesthetic resources.
Proposed amendments to Section 93,13.00 Hillside Developments address amendments to existing review
procedures and public notice requirements. These amendments will not cause any potentially significant
City of Palm Springs Initial Study 6 of 20 January 28,2004/ 0/7
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
impacts to scenic,visual or other aesthetic resources.
Other proposed amendments to Section 93.13,00 Hillside Development provide an exception procedure
to allow reduced street widths from 28' - 3 G' in width to 20'- 24' in width. By allowing reduced street
widths construction related impacts may be reduced. Visual impacts due to roadway width, grading,
visual scars and need for landscape restoration may be reduced. All future hillside development must
comply with the City General Plan and other ordinance requirements. Allowing reduced street sections
will not have an adverse impact upon scenic vistas,scenic resources, degrade visual character or quality
of a site, or create any new or future glare either during the day or night. Adoption of the proposed
amendment affecting hillside roadways will have less than a significant impact upon visual, scenic or
aesthetic resources.
The proposed amendment to Section 92.1 L-00 Community Shopping Centers will not have any impact
upon aesthetic resources.
2.AGRICULTURE RESOURCES:In determining
whether impacts to agricultural resources are
significant environmental effects, lead agencies
may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997)
prepared by the California Dept. of Conservation
as an optional model to use in assessing impacts on
agriculture and farmland.Would the project:
a)Convert Prime Farmland,Unique Farmland, or
Farmland of Statewide Importance(Farmland),as
shown on the maps prepared pursuant to the
FarmlandMapping and Monitoring Program ofthe
California Resources Agency,to non-agricultural
use?
b) Conflict with existing zoning for agricultural
use,or a Williamson Act contract?
c) Involve other changes in the existing
environment which,due to their location or nature,
could result in conversion of Farmland, to non-
agricultural use?
A-C -No Impact
The proposed zoning ordinance amendments will have no direct or indirect impact upon agricultural
resources, farm land or any similar activities.
City of Palm Springs Initial Study 7 of 20 January 5,2004
MRS
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
3. AIR QUALITY -- Where available, the
significance criteria established by the applicable
air quality management or air pollution control
district may be relied upon to make the following
determinations. Would the project:
a)Conflict with or obstruct implementation of the
applicable air quality plan? ❑ ❑ El
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality ❑ ❑ ❑
violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality ❑ ❑ ❑
standard (including releasing emissions which
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial ❑ ❑ ❑
pollutant concentrations?
e) Create objectionable odors affecting a ❑ ❑ ❑
substantial number of people?
A-E-No Impact
The proposed zoning ordinance amendments establish procedures, standards and criteria for reviewing
future development and laud use. Adoption of the proposed zoning ordinance amendments will not cause
any air quality impacts or be growth inducing. The proposed amendments create revised, processing
application criteria and allow for exceptions to roadway within hillside areas. There will be no impact
to air quality as a result of approval of the proposed zoning text amendments.
4. BIOLOGICAL RESOURCES -- Would the
proj ect:
a)Have a substantial adverse effect,either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special ❑ ❑ ❑
status species in local or regional plans,policies,
or regulations,or by the California Department of
Fish and Game or U.S.Fish and Wildlife Service?
City of Palm Springs Initial Study 8 of 20 January 5,2004
/W/f
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
b) Rave a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional plans, ❑ ❑ ❑
policies, regulations or by the California
Department of Fish and Game or US Fish and
Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of
the Clean Water Act(including,but not limited to, ❑ ❑ ❑
marsh, veinal pool, coastal, etc.) through direct
removal,filling,hydrological interruption,or other
means?
d)Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory ❑ ❑ ❑
wildlife corridors, or impede the use of native
wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree ❑ ❑ ❑ 19
preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community ❑ ❑ ❑
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
A-F-No Impact
The proposed zoning ordinance amendments alter existing permit procedures and do not directly affect
any biological resources.
Amendments to Section 94.04.00 revise existing procedures for review of certain development projects.
Amendments to Section 93.13.00 Hillside Development does not change the location of any hillside
development since the amendments are intended to modify existing permit review procedures,add public
notice requirements, and allow exception to allowable roadway width. All future development
applications which would have to comply with the proposed zoning ordinance would be subject to CEQA.
Amendments to Section 92.11.00 Community Shopping Center would have no impacts to biological
resources.
5. CULTURAL RESOURCES -- Would the
project:
City of Palm Springs Initial Study 9 of 20 January 5,2004
/y000
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
a) Cause a substantial adverse change in the
significance of a historical resource as defined in ❑ ❑ ❑
§15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant ❑ ❑ ❑ EK
to §15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic ❑ ❑ ❑
feature?
d) Disturb any human remains, including those ❑ ❑ ❑
interred outside of formal cemeteries?
A-D -No Impact
The proposed zoning ordinance amendments will not alter any future development patterns and will not
cause any impacts to cultural, historic,paleontogical or unique geological resources.
6.GEOLOGY AND SOILS--Would the project:
a) Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury,or death involving:
I) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State ❑ ❑
Geologist for the area or based on other substantial
evidence of a known fault? Refer to Division of
Mies and Geology Special Publication 42,
ii) Strong seismic ground shaking? ❑ ❑ ❑
iii) Seismic-related ground failure, including ❑ ❑ ❑
liquefaction?
iv)Landslides? ❑ ❑ ❑ 10
b)Result in substantial soil erosion or the loss of ❑ ❑ ❑
topsoil?
c) Be located on a geologic unit or soil that is
unstable,or that would become unstable as a result
of the project, and potentially result in on-or off- ❑ ❑ ❑
site landslide, lateral spreading, subsidence,
liquefaction or collapse?
City of Palm Springs Initial Study 10 of 20 January 5,2004
`
/ Vhd/
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code ❑ ❑ ❑
(1994), creating substantial risks to life or
property?
e)Have soils incapable of adequately supporting
the use of septic tanks or alternative waste water ❑ ❑ ❑
disposal systems where sewers are not available
for the disposal of waste water?
A-E-No Impact
The proposed zoning ordinance amendments will have no impact upon geology and soils.
7.HAZARDS AND HAZARDOUS MATERIALS
—Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport,use,or ❑ ❑ ❑
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environnent through reasonably foreseeable upset ❑ ❑ ❑
and accident conditions involving the release of
hazardous materials into the environment?
c)Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or ❑ ❑ ❑
waste within one-quarter mile of an existing or
proposed school?
d)Be located on a site which is included on a list
of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a ❑ ❑ ❑
result, would it create a significant hazard to the
public or the environment?
e)For a project located within an airport land use
plan or,where such a plan has not been adopted,
within two miles of a public airport or public use ❑ ❑ ❑
airport,would the project result in a safety hazard
forpeople residing or working in the project area?
f) For a project within the vicinity of a private
airstrip,would the project result in a safety hazard ❑ ❑ ❑
for people residing or working in the project area?
City of Palm Springs Initial Study I 1 of 20 Ianuary 5,2004
/Vic
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
g)Impair implementation oforphysically interfere
with an adopted emergency response plan or ❑ ❑ ❑
emergency evacuation plan?
h)Expose people or structures to a significant risk
of loss, injury or death involving wildland fires,
including where wildlands are adjacent to ❑ ❑ ❑
urbanized areas or where residences are intennixed
with wildlands?
A-H-No Impact
The proposed zoning ordinance amendments will have no impact upon hazards and hazardous materials.
The Fire Department will review all hillside street locations,topography, and street design for adequate
emergency access and fire protection needs. The proposed hillside street width exception text requires
Fire Department review and recommendations with regards to emergency access, emergency plans and
wildfire risk. Adoption of the proposed zoning ordinance amendments will provide a review process for
review of future hillside development applications.
8. HYDROLOGY AND WATER QUALITY --
Would the project:
a) Violate any water quality standards or waste ❑ ❑ ❑
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater
table level(e.g.,the production rate ofpre-existing ❑ ❑ ❑ 19
nearby wells would drop to a level
which would not support existing land uses or
planned uses for which permits have been
granted)?
c)Substantially alter the existing drainage pattern
of the site or area,including through the alteration
of the course of a stream or river, in a manner ❑ ❑ ❑
which would result in substantial erosion or
siltation on-or off-site?
d)Substantially alter the existing drainage pattern
of the site or area,including through the alteration
of the course of a stream or river, or substantially ❑ ❑ ❑
increase the rate or amount of surface runoff in a
manner which would result in flooding on-or off-
site?
City of Palm Springs Initial Study 12 of 20 January 5,2004
!yA4
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
e)Create or contribute runoff water which would
exceed the capacity of existing or plumed ❑ ❑ ❑
stormwater drainage systems or provide substantial
additional sources of polluted irmoff?
f)Otherwise substantially degrade water quality? ❑ ❑ ❑
g) Place housing within a 100-year flood hazard
area as mapped on a federal Flood Hazard ❑ ❑ ❑
Boundary or Flood Insurance Rate Map or other
flood hazard delineation map?
h) Place within a 100-year flood hazard area
structures which would impede or redirect flood ❑ ❑ ❑
flows?
I)Expose people or strictures to a significant risk
of loss, injury or death involving flooding, ❑ ❑ ❑
including flooding as a result of the failure of a
levee or dam?
j)Inundation by seiche,tsunami,or mudflow? ❑ ❑ ❑
AJ-No Impact
The proposed zoning ordinance amendments will have no direct effect upon hydrology and water quality.
In hillside areas roadways which utilize the proposed street width exceptions must provide adequate site
drainage. All proposed developments will be evaluated for hydrology and water quality impacts,
9. LAND USE AND PLANNING - Would the
project:
a)Physically divide an established community? ❑ ❑ ❑
b) Conflict with any applicable land use plan,
policy,or regulation of an agency with jurisdiction
over the project(including, but not limited to the ❑ ❑ ❑
general plan,specific plan,local coastal program,
or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect?
c) Conflict with any applicable habitat
conservation plan or natural community ❑ ❑ ❑ 23
conservation plan?
A-C-No Impact
The proposed zoning ordinance amendments will not physically divide a community, conflict with any
adopted plan or program, conflict with any habitat conservation plan or natural couununity conservation
City of Palm Springs Initial Study 13 of 20 January 5,2004
AM 3
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
plans. The proposed amendments create review processes for review of proposed development
applications, an exception to hillside street width requirements and allow business schools in the CSC
zones.
The exception to hillside street width requirements will allow for greater neighborhood compatibility in
hillside areas since several hillside neighborhoods have reduced street widths. These areas include
Andreas Hills, Mesa Tract,Panorama, Tennis Club, and Little Tuscany.
The proposed zoning ordinance amendments will have no impact on land use.
10. MINERAL RESOURCES -- Would the
project:
a) Result in the loss of availability of a known
mineral resource that would be of value to the ❑ ❑ ❑
region and the residents of the state?
b) Result in the loss of availability of a locally-
important mineral resource recovery site ❑ ❑ ❑
delineated on a local general plan,specific plan or
other land use plan?
A-B -No Impact
The proposed zoning ordinance amendments will have no effect upon mineral resources.
11.NOISE—Would the project result in:
a)Exposure of persons to or generation of noise
levels in excess of standards established in the ❑ ❑ ❑
local general plan or noise ordinance,or applicable
standards of other agencies?
b) Exposure of persons to or generation of
excessive groundborne vibration or groundbome ❑ ❑ ❑
noise levels?
c) A substantial permanent increase in ambient
noise levels in the project vicinity above levels ❑ ❑ ❑ IR
existing without the project?
d)A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above ❑ ❑ ❑
levels existing without the project?
City of Palm Springs Initial Study 14 of 20 January 5,2004
Iggomly
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
e)For a project located within an airport land use
plan or,where such a plan has not been adopted,
within two miles of a public airport or public use ❑ ❑ ❑
airport,would the project expose people residing
or working in the project area to excessive noise
levels?
t) For a project within the vicinity of a private
airstrip,would the project expose people residing ❑ ❑ ❑
or working in the project area to excessive noise
levels?
A-F-No Impact
Th proposed zoning ordinance amendments will have no impact to noise resources.
12.POPULATION AND HOUSING--Would the
project:
a)Induce substantial population growth in an area,
either directly (for example, by proposing new ❑ ❑ ❑
homes and businesses)or indirectly(for example,
through extension ofroads or other nrfi ast uctm e)?
b) Displace substantial numbers of existing
housing, necessitating the construction of ❑ ❑ ❑
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement ❑ ❑ ❑
housing elsewhere?
A-C -No hnpact
The proposed zoning text amendments will have no impact upon population and housing.
13.PUBLIC SERVICES
a)Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios,response tunes
or other performance objectives for any of the
public services:
Fire protection? ❑ ❑ ® ❑
City of Palm Springs Initial Study 15 of 20 January 5,2004
IqAo's
�
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Police protection? ❑ ❑ 19 11
Schools? ❑ ❑ ❑ ❑
Parks? ❑ ❑ ❑ 14
Other public facilities? ❑ ❑ ❑
A-Less than Significant Impact
Proposed amendments to Section 93.13.00 will allow, subject to detailed review, reduced street widths
in hillside areas. The proposed ordinance amendments allow alternative street sections provided a 20-
24 foot travel way is provided. The exception requires detailed review which may include provision for
passing lanes,turning lanes,traffic calming devices, site distance study,storm water facilities,adequate
parking, and upgraded fie protection systems. As drafted,the proposed zoning ordinance amendments
provide_for adequate review and consideration of fire and police protection issues. Approval of the
proposed zoning ordinance amendments will have less than a significant affect on fire and police
protection.
There will be no impact to schools,parks or other public facilities.
14.RECREATION
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical ❑ (11 ❑
deterioration of the facility would occur or be
accelerated?
b)Does the project include recreational facilities
or require the construction or expansion of ❑ ❑ ❑
recreational facilities whichmight have an adverse
physical effect on the environment?
A-B -No Impact
There will be no impact to recreation,parks or other such facilities.
15.TRANSPORTATION/TRAFFIC--Would the
project:
a)Cause an increase hi traffic which is substantial
in relation to the existing traffic load and capacity
of the street system (i.e., result in a substantial ❑ ❑ ❑
increase in either the number of vehicle trips, the
volume to capacity ratio on roads,or congestion at
intersections)?
City of Palin Springs Initial Study 16 of 20 January 28,2004
IqA(R
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
b) Exceed, either individually or cumulatively, a
level of service standard established by the cotmty ❑ ❑ ❑
congestion management agency for designated
roads or highways?
c) Result ni a change in air traffic patterns,
including either an increase in traffic levels or a ❑ ❑ ❑
change in location that results in substantial safety
risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
❑ ❑ ❑
intersections) or incompatible uses (e.g, farm
equipment)?
e)Result in inadequate emergency access? ❑ ❑ ❑
f)Result in inadequate parking capacity? ❑ ❑ ❑
g) Conflict with adopted policies, plans, or
programs supporting alternative transportation ❑ ❑ ❑
(e.g:,bus turnouts,bicycle racks)?
A-G-No Impact
Amendments to Section 93.13.00 Hillside Development allows for exceptions to existing street width
requirements. The draft ordinance revisions require a detailed review of any proposed exceptions. As
noted in Section 13 above adequate provisions are included in the draft ordinance to ensure future hillside
streets are adequately designed. Adoption of the proposed zoning text amendments will have no impact
on transportation and traffic.
16. UTILITIES AND SERVICE SYSTEMS —
Would the project:
a) Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control ❑ ❑ ❑
Board?
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities,the construction of ❑ ❑ ® 0
which could cause significant environmental
effects?
c) Require or result in the construction of new
storm water drainage facilities or expansion of ❑ ❑ ❑
existing facilities,the construction of which could
cause significant environmental effects?
City of Palm Springs Initial Study 17 of 20 January 5 2004,
r�
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
d)Have sufficient water supplies available to serve
the project from existing entitlements and
❑ ❑ ❑
resources, or are new or expanded entitlements
needed?
e) Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the ❑ ❑ ❑
project's projected demand in addition to the
provider's existing commitments?
f)Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste ❑ ❑ ❑
disposal needs?
g) Comply with federal, state, and local statutes ❑ ❑ ❑ 21
and regulations related to solid waste?
A-G-No Impact
Adoption of the proposed zoning ordinance amendment will have no impact on utilities and service
systems.
17. MANDATORY FINDINGS OF
SIGNIFICANCE
a)Does the project have the potential to degrade
the quality ofthe environment,substantiallyreduce
the habitat of a fish or wildlife species,cause a fish
or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or ❑ ❑ ❑
animal community,reduce the number or restrict
the range of a rare or endangered plant or animal
or eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable?("Cumulatively
considerable"means that the incremental effects of ❑ ❑ ❑
a project are considerable when viewed in
connection with the effects of past projects, the
effects of other current projects,and the effects of
probable fixture projects)?
c) Does the project have environmental effects
which will cause substantial adverse effects on ❑ ❑ ❑
human beings, either directly or indirectly?
City of Palm Springs Initial Study 18 of 20 January 5,2004
/
/ V Rk
0
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
A-C -No Impact
The proposed zoning ordinance amendments will not have the potential to degrade wildlife habitat,
have impacts which are individually limited but cumulatively considerable, or have effects which will
cause a substantial adverse effect on human beings either directly or indirectly.
1
City of Palm Springs Initial Study 19 of 20 7anua�y 5,200A
18. LISTED BELOW ARE THE PERSON(S)WHO PREPARED OR PARTICIPATED IN THE
PREPARATION OF THE INITIAL STUDY:
Douglas R.Evans,Director of Planning and Zoning
DETERMINATION
On the basis of this initial evaluation:
® I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
I fund that although the proposed project could have a significant effect on the environment,
El there will not be, a significant effect in this case because revisions in the project have been
made by or agreed to by the project proponent. A MITIGATED NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I fund that the proposed project MAY have a"potentially significant impact"or"potentially
significant unless mitigated" impact on the environment, but at least one effect 1)has been
adequately analyzed in an earlier document pursuant to applicable legal standards,and 2)has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets.An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the
effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects(a)have been analyzed adequately in an earlier EIR
El or NEGATIVE DECLARATION pursuant to applicable standards,and(b)have been avoided
or mitigatedpursuant to that earlier EIR orNEGATIVE DECLARATION,including revisions
or mitigation measures that are imposed upon the proposed project, nothing further is
required.
Douglas R. Ev Date
Director of Planning and Zoning
//A wZ
TIT
City of Palm Springs Initial Study 20 of 20 January 5,2004
620
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C)To tit lbalress sellers as a psrmiAad and con flmnal use,I the Currently
Shopping,eviler)CS q zone
PROOF OF PUBLICATION T' and Intent to Adapt a Negative Ddclarallon
(2015.5.C.C.P) Applicant-City of Palm Springs
NOTICE IS HEREBY MEN that the City Council of the
City of Palm Sprints,Caldomla,will had e public heannng b
9 at
Its meeting of Annl 7, 2004 The City Contrail mcsu
gins at 7.U0 is in in the Council Chamber at City Hall,3200
Last Tali Canyon Way, Palm Springs
The purpose of the Hearing is to consider Case No 5.0995.
At A request by the City of Palm Springs to amend the
CdyV'3 Zoning Cade,Comilla, 9400,Section 9404,00,Amin-
lectural Review Ordinance to revise the P d process for
mhtieetursl approval applleatlons chysi eeq S)A request by
Ile C"of Pam Spun9s to amend the QtV's Zonmg Code,
Chapter 93 00,Section 9213 00,Hillside Developments Or-
STATE OF CALIFORNIA -- d�ieseeve°orevlas d,e parmd processing procedures for hill-
patent bpplroatlors and to establish alternative
street standards for ilulde areas, and C)A mqucst b the
('011llty'Of Riverside City of Palm splints to amend ills City's Zoning Lode,
Chapter 92 Our Section 92 11 00('C-S-O'community shap-
pmq center terra),to otiose,busmoss schools as a Permded
end wide Thee al use ollowin IIis a brief summary of °enter zone,
y g summary of each request:
A�The Oily has an architectural review ordinance which ii
P es to all development applude Ions accept those submitted
for single family l esidenccs on flatland not located on major
Iho,oughfares,The following IS s Summary m of a °ndmonts
proposed far the C,ca Zoning Code,Chapter 94 00, Sea-
tlor,94 04 00,Amhlte feral Review Ordunaha :1)Creation of
I am a citizen of the United States and a resident of a Plano°9 Commission Archdacmral Advisory Commdfee
!PC-MS l'a be appointed by the Planning Commission and
the Count aforesaid I am over the age of eighteen t be composed of three Ganforn'la-based a,ehimms,one
Y r g g California licensed landscape adlvlddh other design Orofee-
years,and not a party to or interested in the Mod°dl6ht and ofdSection 94 04coo u�(Design Reviewr�Gunde-
fines to olwlfy Ioview ofextmmi lkhhn sigmas,antl criteria;
above-entitled matter.I am the principal clerk of a 3) odrheahon of sootier 94 04 9g�e �mcedhmz to refer-
rinter of the,DESERT SUN PUBLISHING ce assdiesled arnenamane, an beerier 93130 Fhusrda
P �evetopnI and to aslablish enlcna for stiff spleoval all-
Ihonty,appeals of staff decisions,and Planning Commission
COMPANY a newspaper of general circulation, review and approval an hOutr, Io Eetablmhmant of raw pro-
durce for public review of Roasts which are Subject to
printed and published in the city of Palm Springs, CLOA but are not exemppt;5)�eTire oral PC-AAc aqmites
be pradded to desighn so neighbourhood representefives,
County of Riverside,and which newspaper has been a'J'e)Addition of a provision wirer allows retroactive lime
adjudged a newspaper of general circulation b the good cause
to be glantea by ma Planning Commission for
1 gg Y good cause
Superior Court of the County of Riverside,State of 3)section 931300,Holaida Developments, governs davel-
opment a>phmations snouri od in hillside areas,deflned an/
California under the date of March 24,1988.Case parcel of�a d which contains an land wind a grade of 10
or greater The proposed amendymcars address ravisons to
Number 01236; that the notice,of which the as per pr c ssfiStan dgbrds°fe procedures
ssand the de e5Introduction of alemoti -
annexed is a printed copy(set in type not smaller tog property mvnors are sent a Courtesy notice when scut-
,annexed for new construction is filed in a hillside area The
than non pariel,has been published in each regular ,T llo%ving is a aummarYY of 0 Ordinems proposed tar the
City's Zoning Code, Clepler 93 Oa. Section 93.13.00, HIII-
and entire issue of said newspaper and not in an Side Do, III mantS ordmanag 1)Eslabhshment of proCe-
Y ur..to notify adlIoccur property owners of applications that
supplement thereof on the following dates,to wit: have been filed, Imbuing CPommission meetings,and Plan-
PP g ring us,, lots public hearings if Seemed necessary by
the Planning Commission,2)Creation of provisions to define
minor remodels and/or additions to tile eateiial or to bulld-
March 27W mlo,site Ian,grading,landscaping,and lighting in order to
sw slag approval with apppeals of slmf Establishment
of ens n the
Plannmq Commission; rend 3) duceds curb t of alternative
---------------------------------------'------------------ -street minimum
travel
[v allow for 4 feet)and
curb di curb curb
and
(utterimrcasements cub oft to sseveraldantteerior such rosare
gwremenav far passing lanes, Wring lanes, undid calming
--------------------------------------- improvements,adequate s9or distance,adequate drainage,
aildrg clubs,dust control, upgiacled fire protection Sys-
All In the year 2004 f�u,mlioand other improvements to make streets safe and
fu
I certify(or declare)under penalty of perjury that the Refinements are proposed ro saCtldn 92.11 go("as-c"
foregoing is true and correct. acepeitedadddina°u 'innsta�rrmtdcontolseimmty shop-
ping center zone,anwide.
Dated at Palm Springs,California this-----13th----day The City or Palm Springs,in its a°pacnYY as it,.lead Valley
this pproject, under the Concha tnvnonmenual' uallty
Act(CEQA aluatetl the Pelenhal environmental Impacts of
the pp,cja,[ Pumuartl to S r Oa s No,of CEQj995A, an redo.
________ ______� SWdy has been prepaid for Cases Nds 5 yfor e,antl S.
al
of-------April---------- 2004 mr9upph the n,[,t hen of Ilia h,mr study for case Nap.
5 at the n,and C rho City how
Palmrna Springs has damrmmctl
^ that trio Z°mng Oidmonce text amentlm Developments
to
the nand add
e C mw unity hop iHillsideC Developments
not haves,and the Community Shopping Centel zone could
-- not have a sigmfwenl rmryam un the env,mprepared f and[from-
--- --- for'°,a M1le etive Declaration has been g= by
for theslat
sub-
Signature their pubic
he which win ih reviewed by bathe ty iaa�tCloned le
of the spate hearing
CCpn�ttho state COCA Ordained,
tl the Cdy of Palm Sp.lnsts'G edelmes for ilia,mPle.nen-
fallen of CL-Do Memb of rho public may mew this docu-
inent in the Detrainment of Planningq antl Zoning, City lull,
3200 E TaM1quits Canyon Way, Palm Springs, nil submit
written mu mere, to file City Clerk aL el prior to the City
Council hearing
If any group challenges rho action in court Issues raised
may be Injured to only those issues ralsed at Ilia public
hearing deeorbed In this notice or In written correspondence
Sir or prior to lire City Council hearing
An opportunity will be 9rven at said hearing for all interested
persons to be heard Questions regarding his case may be
,needed to Dooglbs R.Evans,Director of this
and sson-
rg,at(700)31 0245
PATRICIA A SANDERS
Cityy Clerk
Pub March 27,2004
P1o.7153
NO'M:3- Or PI AfINIJG OGISRUSSIGN
WoMLra"'Nh
OF PUBLIC HFAhReir
, i d V PALIA9 SPRI'Irs
Case No.5.0395
A) Amendments to the Aial lieotulal Review
ordinance,
B) (Revisions to ;fie htl lslde developments
ordinance, and
C) To allow business schools as a permitted
and conditional use In the Community
Shopping Centel (C-S-C) zone
and Intent to Adopt a Negative Declaration
Applicant; City of Palm Springs
NOTICE IS HEREBY GIVEN that the Planing
Commission of the City of Palm Springs, Califor-
nia, will hold a public hearing at its nesting of
March 10 0d.The Planning�g Commission meet-
PROOF OF PUBLICATION it
trig begins at 4. p.m. in the Council Chamber at
City Hall, 3200 East Tahqudz Canyon Way, Palm
(20151/ C Springs.
.5.C.C.P) The ppurpose of the Hearing is to consider Case
No. 5.0995. A) A request by the City of Palm
Springgs to amend the City's Zoning Code, Chap-
ter 94.00, Section 94 04.00, Architectural Review
Ordinance to revise the permit process for awhi-
tectural approval applications citywide; B)A re-
quest by fire Cit i of Palm Springs to amend the
Cdy's Zoning ode, Chapter 93.00, Section
93.13.00; Hillside Developments Crdmence to re-
vise the permit processing procedures for hillside
development applications and to establish alter-
native street standards for hillside areas,and C)A
STATE.OF CALIFORNIA request by the City of Palm Spprings to amend the
0 t Zoning Code,—Ghaptet-92 00, 9octron
County of Riverside 92.'li 00 ('C-S-C' community shopping center
Zane), to allow business schools as a permitted
and cansitional use in the community shopping
ids.center zone, cr The following is a brief
summary of each request
A) The City has an architectural ievlew ordinance'
which applies to all development applications ex-
cept those submitted for single fairly lesldences
on flat land not located on major thoroughfares
The following is a summary of amendments (Ifro-
(am a citizen of tlae United States and a resident of posed for the City's Zoning Code, Chapter 04.00,
the Count aforesaid; I am over the age of eighteen section 94 04.00,Architectural Review Ordinance-
y g 1 Ci.mlon o1 a Planning Commission Arahifectur-
years,and not a party to or interested in the a�Advisory Committee(PC-AAC1 to be appointed
by the Planning Commission and to be composed
above-entitled matter.I am the principal cleric of a of three California-based architects,one California
licensed landscape architect, other design profes-
printer of the,DESERT SUN PUBLISHING sronal, and additional members with related er-
COMPANY anewspaper of eneral circulation, peruse; 2) Modification of Section 94.04.00.D
g (Design Review Guidelines) to clarify review of ex-
printed and published in the city of Palm Springs, caner lighting, signs, and cddirs; 3 Meanestron
of Socban 9i4.Od (Proceduies�to reference
County of Riverside,and which newspaper has been associated amendments to Section 93.13.00, Hill-
side Developments, and to establish cithei a for
adjudged a newspaper of general circulation by the staff approval authority, appeals of staff deci-
Sllpel'IOr Court Of the County Of Riverside,State Of sons, and Planning Commission review and ap-
proval authority, 4) Establishment of new proce-
California under the date of March 24,1988.Case dunes for ppublic review of protects which are sub-
ect to CEOA but are not exempt; 5) Require that
Number 191236;that the notice,of which the �C-AAC agendas be provided to designated
neighborhood representatives; and 6) Addition of
annexed is a printed copy(set in type not smaller a provision which allows ietroacnve time axten-
sans to be granted by the Planning Commission
than non parcel,has been published in each regular for good sense,
and entire issue ot'said newspaper and not in any B) section 93 13.00, Hillside Developments, gov-
su 1 lement thereof on the following dates,to wit: o ns'developmeninPPhcebni sLsuhmmadin hill-
1 p g side areas,defined any parcel of land which can-
twins any land with a grade of 10% or greater.
The proposed amendments address ievislons to
the pemirz processing sracedures and the intro-
Febrnar 12°i areas. rellernativ rid standards for hllleicAe -
f yy, 9 property owners are
___________ sent a courtesy,notice when an application for
new contrtj is filed in a hillside area Th. fol-
low
n is a summary of amendments proposed ,
far
the City's Zoning Code, Chapter 93 00, Sec-
-------------------------------------------------------- tion 93.13,00, Hillside Developments Ordmance, ^
I) Establishment of procedures to notify adjacent
All in the year 2004 property owners of applications that have been y
filed. Planning Commission meetings, and Plan- / ~t
I certify(or declare)under penalty of perjury that the ning Commission public hearings, If deemed nec-
foregoing is true and correct. essary by the Planning Commission; 2) Cieanon
w of provisions to define miner remodels and/or'ad-
I6 diuons to the exterior of a building, site plan,
grading, landscaping, and lighting In order to al
-
Dated it Palm Springs,California this---------day low staff approval with appeals of staff decisions
I. the Planning Commission, and 3) Estalishment
of aft
ernative street standards to allow for re-
of----------February-----------------------------2004 based curb to curb widths (new minimum travel
way of 20-24 feat) and modified curb and gutter
SJ improvements subject to several Oltenia such as
requlremonts far passing lanes, turning lanes,
distance,
calming imps ov mane, , adequate sight, d of
dislanae, adequate drainage, packing areas, dust
---------------------------------- -------------- control, upgraded flit protection systems, and
Signature oche; lno.rovemend to make streets safe and
g flirret101i
Of Registrants ate ploposed to Section 92.12.00
(('C-"' iotatl business Zone) and Section 92.09.00
("CBD" central business district zone), to allow
outdoor dispplay of limited merchandise only in the
uptown district area with specific rashlctions.
The City of Palm Sprigs, in its capacity as the
lead agency for this protect, under the Cahfomia
Environmental Quality Act (CE61A) evaluated the
Potential environmental rigpacfs of the protect.
Pursuant to Section 15063 of CCOA, an Initial
Study has been prepared for Cases No. 5 0995A,
B, and C. Through the ppreparation of the Initial
Study for Case Nos. 5 0995A, E, and C, the City
of Palm Springs has determined that the Zoning
Or l I "'arr r T 'I- ^ ,-'IPing' tr= ^I
California under the date of March 24,1988.Case lures io`r,public review,of protects which are sulj',-'
act,td QEQA but are mot exempt 5).�R'egtAfe'thyt-
Number 191236; that the notice,of which the 'Pc AACC-lagendaa be,provided to'designated
neigh66rhood representatives and,6)'Addition,of
annexed is a printed copy(set in type not smaller a pravision;whlpmaudws retroactive ttlr[ie ex ten?,'
sinus to be granted bythe Phnning Commission,'
than non pariel,has been published in each regular for gold oauae . i,,
and entire issue of said newspaper and not in any e7 section's3 f 3 eo.iliiilside oevel grnents qpv
supplement thereof on the following dates,to wit: erns development appiloatioa.submitted in hat-,
side areas, defined any parcel of land which corj,,
tein's'any'land"with'a ggragde of 10% of greater„'i
the
duct
____ _y w _____________ ___________________________ I s'ewl an ckourriasyyno ledtlln a hell I PP anThnl fair''
Pebrua. 12ad a
lowing is,a summaV of amentlments''proposeq'
All m the year 2004 -- --------------- ----'- - irE tal lnmm�g c�f pro o hg h I D
Code Cha ter 93 00 Sec
____ ____________ Develo menu Ortli ante
dcedures to note atl ace
Pllcations t at eve bee
1 certifyor declare under penalty of perjury that the ssion m etit s and Plan
( P Y P j Y nib Chin I c hear in s if deemed nee
essary by the Planning Commission 2) Creation",'
foregoing IS true and correct, dof provislops to define minor refnodels'_end/or ark
j6°1 ditions to the exted6ir f a pudding,"SitE plan
to thng,Planningndscaping;and llghtin m eider to
l tr
Dated at h'ebruaryalm ngs,California this--- 2004 ay of alternative°na�agdi zo z4ofstreet
b)a did hamctevtl aldtc+naWlsu9r el.�
req�Wr calmin antsg
far nonevent
lanes'.�tunpin9 lanes;.
/VJ(�-/L/'Y f✓"1 fla he dlstanc.,'adeq IT dralihents or in 'te sigh!of;
"coma 1, Liiaadegided drainage, pi it'a,ste d n
th,
______ COBD n'centrallshos�n zon aistr ft zati n 92ea30wR0.,
control, L raded Ore rotection s s
ass'r
Signature o,taro im m,Movement to-maKa streets
f((u
" lic
auttloor disp�ayloi,IT, Its d'merchandise only,in thA,i
to is _area^with,a ecific'restri it ns ,
0
7hE'bity'of Palm Spry'nps in its'oapaclty ea thep
lead.agency fbr this,p'rolect undeY thp'California'
Environmental QOalityl Acf�(CQQAI'evaluated that
potential'enmronmePka) 1 , cots�,pf the protect`;,
PPursuant tit Section,1506 of C@QA, an Imf el"
to has,�heen prepared tot Cases Nbf 5 0995A;
6 andC:'Throu h'[he ppreparatloh,of the:InitiaL
Study poY Case.I�osJ 5;0995A B, and.C,'the-Gltyl?
Irof,RaIIP'.dprin—o' as' ter(hire d"that,the Zoning',
{,Ordinance text amendments-parts nit to the Ar-"
;rahitegturaI R?vlew;oir nahce.;,Hi�is!de D'evelbpr,
menu,ord, ce, slid the Comm unit hopping l
Centerr'zona could nbt'have,a sl9nifioent Impact,'
on the envuonmenit andr therefore,' a'Negative-j
eDe6laratidn;has been prepared'for'Rhe sublegt;'
"proposals.which WIII,be reviewed by the'Planningg�
''Com�riiasiori atr tpe,public'hearin9.�The Initlat
Study meets khe,regLireTnents'oi the.State of
r,rfoinla CEQA the State CEgA Guidelines and
Clty,o(fjalm S rings`Guideljnes;for,the imple,g
tnerttatlpn of C QA:'..Mdmbers Hof 'public on! it
',Vlew;'thls;document'In'ihs'Department fi3lanni(igri�
and"Zoning Cltyr,Hall, ^200 E..Tahquitz Canyon;,
Way P,alrp Sprlhgs an�submlt watt to earients„r
fat or prior to the plahnl"n9 Commisv 1pn hearing.,'-,
If anYgrgup challengers,fthe action inicnoh issmis;/
raised may be limited to.only those-issues roue
at the'pupllc hearing,.described in this,notice or in:.
written,rl6rre9pondeuca at t or prior to`�tFYe Plarj?,;
mhg Commislslop hearing
An opporripity will be giaen at said hears for ally
interested persons to tie'heard C7uestibns regard
ing this-case mayy be dliected to Douglas
apps direcfgf of P�apn�fi�uand Zonmg .ati
8245 I L;. -i,
FdLANMINCi COMMISSIOIJ',�,'
/s/Ocug'a's R t=van
Dlrectpr of Planningrlapd Zonmgl
,p116(Fnb'r0ary
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING
ORDINANCE IN REGARD TO CHAPTER 94.00, SECTION
94.04.00, ARCHITECTURAL REVIEW, TO REVISE THE PERMIT
PROCESS FOR ARCHITECTURAL APPROVAL APPLICATIONS;
CHAPTER 93.00, SECTION 93.13.00, HILLSIDE
DEVELOPMENTS, TO REVISE THE PERMIT PROCESSING
PROCEDURES FOR HILLSIDE DEVELOPMENT
APPLICATIONS AND TO ESTABLISH ALTERNATIVE STREET
STANDARDS FOR HILLSIDE AREAS; AND CHAPTER 92.00,
SECTION 92.11.00, C-S-C ZONE, TO ALLOW BUSINESS
SCHOOLS AS A PERMITTED AND CONDITIONAL USE IN THE
COMMUNITY SHOPPING CENTER ZONE, CITYWIDE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 94.04.00 is amended to read as follows:
94.04.00 Architectural review.
A. Legislative Intent.
1. It is declared that the City of Palm Springs is a city with unique characteristics,
internationally well known for its spectacular topography, the respect for natural features in man-
made structures, and ideal climate conditions. These characteristics have caused a significant
number of visitors to come to Palm Springs with many visitors eventually becoming permanent
residents, participating in both active and retired community life.
2. All of these factors constitute an important economic base for the city, both for those
who earn their living here and for those who view the city as their most precious physical
possession. To protect the economic welfare of the community, it is the policy of the city council
of the city of Palm Springs to reaffirm its determination to protect, maintain and enhance the
social and economic values created by past and present investments in the community by
requiring all future development to respect these traditions and require that all buildings and
structures placed on the land respect the natural land forms, and become a compatible part of
the total community environment, both in the local neighborhood and in the city as a whole.
3. The city council finds that there exist in the city conditions which promote disharmony
and reduce land and property values, and that the lack of appropriate guidelines for the design
of new buildings and design of structures on the city' s main streets contributes to these
conditions, and it further finds desirable the provisions of such guidelines for the protection and
enhancement of land and property values, for the promotion of health, safety and general
welfare in the community.
4. The City General Plan includes a Community Design Statement Relationship to Physical
Setting Element which provides objectives and policies for design of public buildings, private
buildings, streetscapes, landscapes, and exterior lighting.
B. Purpose. The purpose of this section is to:
1. Recognize the interdependence of land values and aesthetics, and to provide a method
by which the city may implement this interdependence to its benefit;
2. Encourage development of private and public property in harmony with the desired
character of the city and in conformance with the guidelines herein provided with due regard to
the public and private interests involved;
/yam
3. Foster attainment of those sections of the city' s general plan which specifically refer to
the preservation and enhancement of the particular character of this city and its harmonious
development, through encouraging private interests to assist in their implementation; and
assure that the public benefits derived from expenditures of public funds for improvement and
beautification of streets and other public structures and spaces shall be protected by the
exercise of reasonable controls over the character and design of private buildings, public
buildings, street scapes, and open spaces.
C. Planning Commission Architectural Advisory Committee — There is hereby established a
planning commission architectural advisory committee which shall be a committee responsible
to and appointed by the planning commission. The planning commission architectural advisory
committee shall consist of one planning commissioner who shall be responsible for acting as a
liaison to the planning commission architectural advisory committee. The planning commission
shall appoint technical advisors to assist in reviewing detailed plans pursuant to this chapter.
Technical advisors shall include three California licensed architects, one California licensed
landscape architect, one other design professional, and additional technical members for a total
of seven members. The planning commission shall also appoint up to two alternate members to
ensure adequate representation at planning commission architectural advisory committee
meetings. The planning commission architectural advisory committee shall meet on a regular
basis as established by resolution and shall provide written recommendations to the director of
planning & zoning and the planning commission. The planning commission architectural
advisory committee shall designate a chairman and vice-chairman. The planning commission
architectural advisory committee shall be an advisory commission of the City, subject to the
Brown Act, and may adopt rules and procedures by resolution.
D. Planning commission architectural advisory committee Review Guidelines. The planning
commission architectural advisory committee shall examine the material submitted with the
architectural approval application and specific aspects of design shall be examined to determine
whether the proposed development will provide desirable environment for its occupants as well
as being compatible with the character of adjacent and surrounding developments, and whether
aesthetically it is of good composition, materials, textures and colors. Conformance will be
evaluated, based on consideration of the following:
1. Site layout, orientation, location of structures and relationship to one another and to
open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as
distinct from parking lot areas;
2. Harmonious relationship with existing and proposed adjoining developments and in the
context of the immediate neighborhood/community, avoiding both excessive variety and
monotonous repetition, but allowing similarity of style, if warranted;
3. Maximum height, area, setbacks and overall mass, as well as parts of any structure
(buildings, walls, screens, towers or signs) and effective concealment of all mechanical
equipment;
4. Building design, materials and colors to be sympathetic with desert surroundings;
5. Harmony of materials, colors and composition of those elements of a structure, including
overhangs, roofs, and substructures which are visible simultaneously;
6. Consistency of composition and treatment;
7. Location and type of planting, with regard for desert climate conditions. Preservation of
specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all
plant materials;
8. Signs and graphics, as understood in architectural design including materials and colors.
9. The planning architectural advisory committee may develop specific written guidelines to
supplement the design criteria and carry out the purposes of this chapter.
E. Procedures.
1. Architectural review shall be required for the following: / ���
a. All industrial, commercial, professional and residential structures and related landscape
areas, except for single-family residences not located on major thoroughfares;
b. Hillside developments, including all structures, grading, landscaping, and exterior
lighting, in accordance with Section 93.13.00 (Hillside developments), which may require public
hearings before the planning commission.
c. Churches, governmental buildings and hospital and health facilities;
d. Mobilehome parks and recreational vehicle parks (architectural approval shall not be
required for individual mobile home or recreational vehicle sites);
e. Tennis courts in all zones;
f. Designated historic sites, upon referral by the historic site preservation board, and
properties within designated historic districts not otherwise subject to Section 94.04.00;
g. Entrance features and gates above the height allowed in front and side front setback
areas subject to the findings that the limited height extension is architecturally acceptable,
creates no interference with sight clearance or corner cut-off, and will cause no detrimental
effects to adjacent properties in the vicinity.
2. Before any building or structure or landscape area described in subsection E of this
section is erected, constructed, altered, moved, remodeled or repainted a color different than
that existing, an application for architectural approval shall be submitted to the department of
planning and zoning. An application for new construction and additions shall include a
preliminary landscape plan and drawings showing the exterior elevation of sides of a proposed
building or structure, the types of materials and colors to be used, and the signs to be displayed.
The director of planning and zoning may authorize staff approval of minor architectural approval
applications, non-hillside single family homes, and sign programs and permits. Review and
approval is as follows:
a. Staff-level approvals -- Minor architectural applications which are acted upon by the
director of planning & zoning, or designee, shall include repaints, reroofs, walls, fences, entry
features, signs, sign programs, landscaping plans, minor grading plans, exterior lighting plans,
and additions which do not increase existing floor area by 40% for single family residential and
25% for all other development subject to this section. The director of planning & zoning may
consult with the planning commission architectural advisory committee in review of minor
architectural applications.
b. Staff Action Appeals -- The action of the director of planning & zoning shall be final
unless appealed to the planning commission within 10 working days. The appeal shall be in
writing and, upon receipt and filing of appropriate appeal fee, the director of planning & zoning
shall schedule the item at the next regular meeting of the planning commission. The action of
the planning commission shall be final unless appealed to the city council in the manner
provided by Chapter 2.05 of the Palm Springs Municipal Code.
c. Planning Commission Approvals — All other projects subject to this section shall be
subject to planning commission review and approval after review by the planning commission
architectural advisory committee without the need for appeal. Architectural applications may be
placed on the planning commission consent calendar unless other discretionary actions are
required.
3. The planning commission architectural advisory committee shall recommend approval,
conditional approval, or denial to the director of planning and zoning or planning commission.
Applications shall be reviewed by the planning commission architectural advisory committee at
the earliest stages of application review.
4. All applications submitted for architectural review for uses permitted by-right-of-zone
applications that are exempt from the California Environmental Quality Act (CEQA) shall be
scheduled for planning commission review within 45 days after it has been accepted as
complete by the department of planning and zoning. All by-right-of-zone applications
l V63
referenced herein shall be placed on the planning commission's next available agenda as a
consent approval item unless a public hearing is required.
5. A. All architectural applications for projects which are not uses permitted by-right-of-
zone including but not limited to conditional use permits, planned development districts,
subdivision maps, and projects that are not exempt from CEQA shall require a public hearing in
accordance with existing procedures in place for the type of land use noted above. Architectural
review applications which do not require any other discretionary applications shall be subject to
the public hearing requirements in Section 94.02.00 for Conditional Use Permit.
5. B. Applications for architectural approval which require environmental assessments,
environmental impact reports, and/or which also involve an application which requires a public
hearing shall be submitted to the planning commission along with the recommendations of the
planning commission architectural advisory committee. The planning commission shall review
and consider the staff report, environmental documents, public written and oral testimony prior
to taking action in accordance with appropriate city codes and ordinances. The decision of the
planning commission is final unless appealed to the city council in accordance with Section 2.05
of the Palm Springs Municipal Code. For those applications which require city council approval,
the recommendation of the planning commission shall be submitted to the city council in
accordance with the appropriate city codes and ordinances.
6. Before an occupancy permit is issued, there must be full compliance with all
requirements and conditions as approved by the city council, planning commission, planning
commission architectural advisory committee, development committee or the director of
planning and building zoning, public works director, and/or the building and safety manager. If
for any valid reason full compliance cannot be made, a cash bond shall be posted for the work
to be completed within a reasonable period of time as determined by the director of planning
and b i'�W4ig zoning, public works director, and/or building and safety manager.
7. Planning commission and planning commission architectural advisory committee
agendas shall be provided to designated neighborhood representatives in addition to any
person who requests such notice. Persons who request agendas on a regular basis shall pay
appropriate fees established by city council resolution.
8. Properties subject to architectural approval shall be maintained in a good, first-class
condition consistent with the approval of the planning commission, planning commission
architectural advisory committee, or the director of planning and zoning. Such maintenance
shall include, but not be limited to, the exterior of the building and grounds, including
landscaping, parking and walking areas, exterior lighting and signing and all other features
reviewed by the commission or the director of planning and zoning. The director may, in
appropriate circumstances, require the recordation of enforceable covenants containing
maintenance requirements. Failure to maintain such property consistent with such standards
shall constitute a public nuisance.
F. Effective Date. An architectural approval shall become effective after an elapsed period
of fifteen (15) days from the date of the decision by the planning commission or city council.
G. Time Limit for Development. Unless otherwise stated by the planning commission or city
council, the time limit for commencement of construction under an architectural approval shall
be two (2) years from the effective date of approval.
H. Extensions of Time. Extensions of time may be granted by the planning commission
upon demonstration of good cause. Such extension shall be requested in writing and received
prior to expiration of original approval. Retroactive time extensions submitted within six months
of the original expiration date may be granted for good cause. Extension of time granted for
companion cases such as conditional use permits, tentative maps or planned development
district will also extend the architectural approval unless otherwise provided. Fees may be
charged to process an extension request. (Ord. 1551 (part), 1995; Ord. 1500 (part), 1995; Ord.
1418 (part), 1992; Ord. 1347 (part), 1990; Ord. 1294 (part), 1988).
/ q64
SECTION 2. Section 93.13.00 is amended to read as follows:
93.13.00 Hillside developments.
This section of the Zoning Code is intended to provide for the safe, orderly and aesthetically
appealing development of hillside area.
A. Definitions. For the purposes of this Zoning Code, the term "hillside area" is defined as
any parcel of land within the city of Palm Springs which contains any portion thereof with a
grade of ten (10) percent or more.
B. Site Plan Approval
1. Applications for hillside development shall be processed as follows:
a. Applications shall be prepared and submitted pursuant to Section 94.04.00 Architectural
Review.
b. Upon receipt of application, a written notice shall be mailed to all adjacent property
owners informing property owners that an application for hillside development has been filed
and that said application and associated plans are available for public inspection at the
Department of Planning and Zoning.
c. The Planning Commission shall hold at least one public meeting to review and consider
the proposed application. At least 10 days prior to this meeting, a public meeting notice shall be
mailed to all adjacent property owners and any members of the public who request notification.
d. If the Planning Commission believes that it is merited, it may, at its discretion, require
and set a public hearing date for consideration of the subject application. Such public hearing
will require the payment of applicable fees for such hearings as established by City Council.
The Director of Planning and Zoning may determine that a public hearing is required and forgo
Item C above.
e. Appeals — the procedure for appeal of hillside development decisions shall be pursuant
to Chapter 2.05 of the Palm Springs Municipal Code.
2. Applications for remodel or minor additions to hillside development shall be processed
as follows:
a. Applications shall be prepared and submitted pursuant to Section 94,04.00 Architectural
Review.
b. Minor remodels and/or additions to the exterior of a building, site plan, grading,
landscape, exterior lighting are additions which do not exceed 400 square feet, do not increase
building height, do not involve substantial new grading, and do not substantially alter the
appearance of the subject property. Minor remodels and additions may be approved by the
Director of Planning and Zoning or designee. Notice to adjacent properties may be required
pursuant to Section 93.13.00(B)(1)(b) above.
c. Appeal of director of planning & zoning decisions. The action of the director of planning
& zoning shall be final unless appealed to the planning commission within 15 working days.
The appeal shall be in writing and, upon receipt and filing of appropriate appeal fee, the director
of planning & zoning shall schedule the application for the next regular meeting of the planning
commission. The action of the planning commission shall be final unless appealed to the city
council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.
3. Applicant may submit preliminary plans, including accurate topographical maps and
grading plans pursuant to Section 94.04.00, to the planning commission for approval before
detailed engineering and architectural plans are prepared. Such plans shall deviate a maximum
of one (1)foot above or below final grade.
4. In approving final plans, the planning commission may require conditions which in their
opinion are necessary to protect the public health, safety and general welfare, and may include
the following:
a. Architectural approval as governed by Section 94.04.00 of the Zoning Code. Such
architectural approval shall consider, but shall not be limited to, the following:
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i. Rock and soil exposure,
ii. Size of building pads,
iii. Design considerations, such as supporting stilts, colors and building arrangement,
iv. Screening of parking areas,
v. Landscaping plans,
vi. Continuity with surrounding development,
vii. Sensitivity to existing view corridors;
b. Sewerage (Deleted by Ord. 1553);
c. And such other conditions that will make possible the development of the city in an
orderly and efficient manner in conformity with the intent and purposes set forth in this Zoning
Code.
C. Density.
1. The density and lot dimensions of the zone in which the property is located shall apply.
2. The area of both public and private streets shall be excluded in calculating net area of
the site.
3. Any area of the site having a degree of slope of thirty (30) percent or more shall be
excluded from the allowable area that may be allowed in computing total density. Such area
shall be retained as open space.
4. In order to insure permanent retention of the open space, a covenant approved by the
city attorney shall be recorded dedicating all building rights to the city of Palm Springs and
insuring that such open space shall remain as shown on plans approved by the city of Palm
Springs.
D. Street Improvements.
1. Hillside Collector Streets (Streets Serving More Than Four (4) Lots). Maximum grade is
twenty (20) percent: provided, all grades over fifteen (15) percent shall be improved with six (6)
inches of PCC pavement. Streets with grades in excess of fifteen (15) percent shall only be
allowed for short distances.
a. Improvements.
i. Minimum right-of-way shall be forty (40) feet; however, all fill slopes must be contained
within the right-of-way.
ii. Curb to curb width shall be thirty-six (36) feet. A thirty-two (32) foot pavement width shall
be allowed where lots exist along only one side.
iii. Minimum radius shall be one hundred (100) feet.
iv. Cul-de-sacs shall not exceed five hundred (500) feet in length. Minimum radius shall be
forty(40) feet to property line.
v. For exceptions to required improvements in subsection (D)(1) of this section, see
Exceptions, Section 93.13.00(I).
2. Minor Hillside Streets (Streets Serving Four Lots or Less). Maximum grade is twenty (20)
percent: provided, all grades over fifteen (15) percent shall be improved with six (6) inches of
PCC pavement.
a. Improvements.
i. Minimum right-of-way shall be forty (40) feet; however, all slopes must be contained
within the right-of-way.
ii. Curb to curb width shall be thirty-two (32) feet. A twenty-eight (28) foot pavement width
shall be allowed where lots exist along only one (1) side.
iii. Minimum radius shall be eight (8) feet.
iv. Cul-de-sacs shall not exceed five hundred (500) feet in length. Minimum radius shall be
forty (40) feet to the property line.
v. For exceptions to required improvements in subsection (D)(2) of this section, see
Exceptions, Section 93.13.00(I).
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3. Curbs and gutters shall be six (6) inch PCC in accordance with city standards. An eight
(8) inch curb shall be required when necessary to convey storm drainage.
E. Drainage. No building site shall be approved for construction which does not have
provisions for conducting water drainage from the site to a natural drainage course, a drainage
channel or a public street in accordance with good engineering practice and in a manner
approved by the city engineer.
F. Sewerage Treatment. All building sites must be connected to the city's sewer system,
unless exempted by the city council.
G. Excavations.
1. The following requirement shall supplement (and supersede to the extend of any
inconsistencies) the requirements of Chapter 70, (Excavation and Grading) of the Uniform
Building Code, the grading ordinance of the city of Palm Springs currently in effect at the time of
permit issuance.
a. No excavation shall be permitted on any hillside prior to the approval of a site plan and a
grading plan.
b. A grading plan shall be submitted as a part of the application for site plan approval for
hillside development. A preliminary grading plan shall be filed in compliance with the procedure
set forth in Chapter 9.64 of the Palm Springs Municipal Code.
c. No dirt or rock shall be allowed to be used for fill except in those locations approved by
the excavation plan. Excess dirt or rock shall be carried to a disposal area designated on the
grading plan or to an approved off-site location.
2. Blasting, in conjunction with an approved excavation plan, shall require approval by the
director of public works and the fire department.
H. Fire Protection.
1. In areas where there will be a fire hazard, in the opinion of the fire chief of the city of
Palm Springs, unobstructed fire protection equipment access easements shall be required. The
fire chief shall recommend to the planning commission where such easements are needed.
2. The fire department may recommend to the planning commission that fire-resistant
building and landscape materials be used in hazardous areas.
3. Water mains and water systems shall be sized to provide sufficient water to meet the fire
fighting requirements of the area involved. The fire chief shall review proposed systems in
relation to the insurance services office standards for water systems and make
recommendations to the planning commission. (Ord. 1553 (part), 1998; Ord. 1551 (part), 1998;
Ord. 1347 (part), 1990; Ord. 1294 (part), 1988)
I. Exceptions.
1. The Planning Commission or City Council may approve alternative street designs which
could include reduced curb-to-curb widths, modified curb and gutter improvements, and any
other such standard plan criteria provided the following criteria are met:
a. That a minimum 24-foot travel way is provided. Additional improvements such as
passing lanes, turning lanes, and traffic calming devices may be required. Alternative street
sections may be considered provided adequate access and maneuvering area is provided for
emergency response vehicles and waste disposal vehicles.
b. That adequate sight distance (both horizontal and vertical) is provided.
c. That the street section can adequately convey storm drainage or that alternative storm
drainage facilities are provided to adequately convey storm drainage. Curbs and gutters, or
alternative facilities to convey storm flows may be required. Edge of pavement, where curb and
gutter is not required, shall be protected by a flat curb section to be approved by the Director of
Public Works. Where curb and gutter are required to convey storm drainage, the City may
consider wedge curbs, six-inch PCC curbs, eight-inch PCC curbs, or alternative designs which
ensure that the public health, safety, and welfare is protected.
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d. That adequate street parking and/or off-street parking is available and that such parking
will not interfere with the required travel way.
e. Areas designated and approved for parking shall be improved to provide a dust-free
condition and adequately compacted to allow for emergency vehicle parking.
f. That parkways, parking areas, and other improvements are adequately improved and
maintained to ensure that the public health, safety, and welfare are ensured for the life of the
project.
g. That roadways shall provide adequate access for emergency equipment and that the
Fire Department may require upgraded fire protection systems both on and offsite to ensure the
public health, safety, and welfare.
SECTION 3. Section 92.11.00 is amended to read as follows:
92.11.00 "C-S-C" community shopping center zone.
The C-S-C zone is designed to combine the general variety of community-level commercial
services, in a planned shopping complex. The organization of services into a coordinated and
interrelated complex is found to be a desirable alternative to scattered strip commercial
development. The C-S-C zone will not be granted until a conditional use permit has been
approved and all conditions complies with. (Ord. 1294 (part), 1988)
92.11.01 Uses permitted.
A. Uses Permitted. A community shopping center should feature those commercial sales
and service establishments that satisfy the primary needs of the city's residential community at
large. It is neither intended nor permitted for these facilities to dilute or to detract from the
commercial base established in the downtown shopping district. Tourist oriented commercial
uses are not considered to be viable land use in the C-S-C zone.
Buildings, structures and land shall be used and buildings and structures shall thereafter be
erected, altered or enlarged only for the following uses. All uses shall be subject to the
standards in Section 92.11.03.
1. All uses allowed in the C-D-N zone, Section 92.10.01(A):
2. Business schools under 25,000 square feet;
3. Department stores;
4. Bowling alleys;
5. Home improvement centers;
6. Roller or ice skating facilities;
7. Theaters.
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 top those listed
above, and no 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. Uses permitted by land use permit in the C-D-N zone, Section 92.10.01(B).
D Uses Permitted by Conditional Use Permit (unless otherwise permitted). If not approved
as part of the original plan, the following uses may be permitted subject to further approval of a
conditional use permit, as provided in Section 94.02.00. Such uses shall be designed integrally
with the center.
1. Automobile service stations, limited to the dispensing of motor fuels and oils, lubrication,
sales and service of tires, tubes, batteries, and other minor accessories. No major automotive
repair shall be permitted, such as engine, radiator, transmission or body repair;
2. Bowling alleys (Deleted by Ord. 1418);
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3. Business schools over 25,001 square feet of gross building area but not exceeding
40,000 square feet;
4. Car washes;
5. Churches, freestanding;
6. Drive-through facilities;
7. Nightclubs as a primary use;
8. Recreation centers, not otherwise regulated herein;
9. Theaters (Deleted by Ord. 1418);
10. Video/amusement arcades as a primary use subject to the provisions of Section
93.16.00;
11. Video/amusement machines as a secondary use subject to the provisions of Section
93.16.00. (Ord. 1418 (part), 1992; Ord. 1307 (part), 1988; Ord. 1294 (part), 1988).
SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30)
days after passage.
SECTION 5. PUBLICATION. The City Clerk is hereby ordered to and directed to certify to the
passage of this Ordinance, and to cause the same or summary thereof or a display
advertisement, duly prepared according to law, to be published in accordance with law.
ADOPTED THIS day of 2004.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk Mayor
REVIEWED &APPROVED AS TO FORM:
HC