City of Palm Springs, CA General Conditions

This section is intended to provide for the regulation of location and height for walls, fences and landscaping so as to permit the maximum of enjoyment of the use of property and for the maximum of safety for persons using sidewalks and streets related thereto.

Hazardous Areas.

A fence or wall may be required along the perimeter of any area which, by reason of the conditions on the property or physical hazards, such as frequent inundation, noise, erosion, excavation or grade differential, are considered by the director of planning and building to be dangerous. Such fence or wall may exceed six feet in height.

Security Fencing.

Security fencing, including swimming pool safety enclosure fencing, as required by any governmental agency of jurisdiction shall be permitted, notwithstanding any other provision of this Zoning Code.

Prohibited Materials.

No barbed wire, razor wire or similar material shall be permitted, except for use by governmental or quasigovernmental agencies, or unless otherwise approved by the planning commission. Except as elsewhere permitted or for use by governmental or quasi-governmental agencies, chain-link fences may not be used in front or side front yards.

Protection of Intersection Visibility.

The following regulations shall apply to the intersection of streets:

There shall be no visual obstructions as defined in this Zoning Code within the corner cutback area. The corner cutback area is defined as the triangular area created by a 45 degree angle line on a horizontal plane connecting two points on intersecting property lines, as further defined below in subsections (D)(4) and (D)(5) of this section and as shown on Exhibit "A" located at the end of this section.

In the corner cutback area, visual obstructions are defined as any object that may block the view of motorists including utility vents, hills, walls, signs, street furniture or landscaping which exceeds a height of three and one-half (3½) feet above the nearest street pavement surface.

Exceptions: visual obstructions shall not include existing or future permanent buildings, which are otherwise constructed or maintained in accordance with applicable zoning and building regulations; public utility poles, trees trimmed at the trunk at least eight feet above the level of the reference point as defined in this Zoning Code; provided, trees are spaced so that trunks do no create a visual barrier to official traffic or other governmental signs.

In residential zones, the corner cutback area shall consist of a triangular area created by the diagonal connection of two points measured 30 feet back from the intersection of the prolongation of the front and side front property lines.

In commercial and industrial zones, the corner cutback area shall consist of a triangular area created by the diagonal connection of two points measured 10 feet back from the intersection of the prolongation of the front and side front property lines.

In unusual conditions, the traffic engineer or the planning commission may establish additional or altered corner cutback areas.

Height Standards.

Walls and fences not exceeding six feet in height shall be permitted in all side and rear yards and alongside and rear lot lines, except as otherwise permitted by the "C-M," "M-1P," "M-1" and "M-2" zones, Sections 92.15.03(E), 92.16.03(E), 92.17.03(E) and 92.17.1.03(E). Where two such walls or fences, or one such wall and one such fence are provided along each property line separating two lots, there shall be no gap between said walls and/or fences.

Except as otherwise provided in this section, all walls and fences in any front yard and side front yard may not exceed four and one-half feet in height (Exhibit D), except as otherwise permitted by the "C-M," "M-1-P," "M-1" and "M-2" zones, Sections 92.15.03(E), 92.16.03(E), 92.17.03(E), and 92.17.1.03(E). In the corner cutback area, the height of walls, fences and landscaping may not exceed three and one-half feet above the nearest street pavement surface (Exhibit A).

In residential zones, except for the R-1 zones, and except for properties which front on a secondary or major thoroughfare as indicated by the general plan, walls and fences not exceeding six feet in height may be permitted in front yard and side front yards pursuant to Section 94.04.00 (Architectural review); provided, such wall or fence is constructed of decorative masonry or metal, is no closer than five feet to the property line; and provided that, the area between the wall and the property line is landscaped and maintained by the property owner. Such walls and fences may be permitted on the property line where the subject property is located within a block wherein lots comprising 50% or more of the block frontage are developed with property line walls in excess of four and one-half (4 ½) feet in height, or if, in the opinion of the director of planning and building, a hardship exists in setting back the wall or fence from the property line.

On properties in residential zones, except for the R-1 zones, which front on a secondary or major thoroughfare as indicated by the general plan, walls and fences not exceeding six feet in height may be permitted in front yard, and side front yards pursuant to Section 94.04.00 (Architectural review); provided, such wall or fence is constructed of decorative masonry or metal; provided that, the total length of all portions of the wall parallel with the front and/or side front property line is no longer than 60% of that property line; provided, such wall is no closer than 15 feet to the property line; and provided that, the area between the wall and the property line is landscaped and maintained by the property owner.

In the R-1 zones, walls and fences not exceeding five feet in height may be permitted in front yard and side front yards; provided, such wall or fence is constructed of decorative masonry or metal; provided, such wall is no closer than five feet to the property line; and provide that, the area between the wall and the property line is landscaped and maintained by the property owner. Such walls and fences may be permitted on the property line where the subject property is located within a block wherein lots comprising 50% or more of the block frontage are developed with property line walls in excess of four and one-half (4 ½) feet in height, or if, in the opinion of the director of planning and building, a hardship exists in setting back the wall or fence from the property line.

In the R-1 zones, walls and fences not exceeding six feet in height may be permitted in front yard and side front yards provided such wall or fence is constructed of decorative masonry or metal, provided that the total length of all portions of the wall parallel with the front and/or side front property line is no longer than 60% of that property line, provided such wall is no closer than 15 feet to the property line, and provided that the area between the wall and the property line is landscaped and maintained by the property owner.

Where homes on corner lots back up to each other, as shown on Exhibit "B" (found at the end of this section), a six foot high fence or wall may be constructed within five feet of the side street property line. The five foot area between the wall and the property line is to be landscaped and maintained.

Where double frontage lots (lots having street frontages along both the front and rear property lines) exist, as shown on Exhibit "C" (found at the end of this section), and all houses face a common street, a six foot high wall may be constructed within five feet of the street property line in the common rear yard. The five foot area between the wall and the property line is to be landscaped and maintained pursuant to Section 94.04.00.

Where lots back up to or side on a fairway, walls, fences or hedges not to exceed a height of five feet may be installed on the rear or side property line. When a lot sides on an entrance to a fairway in such a manner that the normal private yards are exposed to the street, a six-foot-high wall, fence or hedge may be constructed; provided, it is reduced to a maximum of five feet in height within 20 feet of the rear property line.

In order to protect private property, the director may approve a fence over six feet in height along a golf course fairway at the setback line, provided the fence complies with the following regulations:

In no case shall the fence be higher than 15 feet, or the height of the main building on the subject property. Whichever is less shall apply;

The fence shall be composed of chain-link or other appropriate material completely open for light and air;

The fence shall be set back from all buildings on adjoining property a distance equal to its height;

The fence shall be painted a color that will cause it to become a part of the background. To further soften its appearance, the base of such fence shall be landscaped with screen-type shrubs for a height of at least three feet.

Method of Height Measurement.

The height of walls, fences and landscaping, as permitted, shall be measured from the top of the existing curb grade or crown of abutting road, or natural grade or finished grade established by the planning commission or director of planning and building. In the event of adjacent properties having an elevation differential at the property line, the height shall be measured from the average grade at the property line. In the event that practical difficulties and problems of abutting street, slope of property, or other site conditions, the applicant requesting a building permit may apply for a minor modification as provided in Section 94.06.01.

Exhibit A

Exhibit B

Exhibit C. Double-frontage Lots

Exhibit D

(Ord. 1294, 1988; Ord. 1347, 1990; Ord. 1418, 1992; Ord. 1502, 1995; Ord. 1551, 1998; Ord. 1930 § 2, 2017; Ord. 2041 § 28, 2021; Ord. 2063 § 20, 2022; Ord. 2088, 11/9/2023)

Permitted Projections Above Building Height Limit.

Roof structures for the housing of elevators skylights and required stairways, or the screening of mechanical equipment, and chimneys may be erected above the height limits herein prescribed when approved by the director of planning and building or the planning commission.

No penthouse or roof structures or any space above the height limit shall be allowed or may be used to provide additional living or floor space.

Pedestrian entry features which encompass an area no greater than 60 square feet, and do not provide usable interior space, may be erected above the height limits herein prescribed, but to no greater height than 15 feet, when approved by the director of planning and building or the planning commission.

Buildings or Structures, Including but not Limited to Mobilehomes, Erected in all Zones or Districts.

No mechanical equipment or duct work shall be allowed on the roof unless it is located in an orderly fashion to blend in with its surroundings and is concealed by roof structure, or other approved screening, which is no less than six inches greater in height than the equipment being screened. Required screening shall be an integral part of the architecture. The planning commission or the director of planning and building may otherwise approve such equipment which may not meet this requirement if it is located in an orderly fashion to blend in with its surroundings; in no case shall duct work be exposed.

Evaporative Coolers.

Existing Construction.

Evaporative coolers shall be allowed on the roof of residential structures built before April 15, 1981. Those existing structures covered by Section 94.04.00 (Architectural approval) shall completely screen all mechanical equipment of roof areas unless, in the opinion of the planning director, the placement of evaporative coolers would not be detrimental to the architectural character of the structure. No exposed ducting shall be allowed. For flat roof structures and pitched roof structures without attic space, the evaporative cooler is to be located as far to the rear of the structure as practicable. For pitched roof structures with attic space, the evaporative cooler shall be side mounted under the eave. If a side mount is not practical due to setback restrictions, then an installation as though it were a flat roof structure is allowed.

New Residential Construction.

New residential construction shall take into consideration the future use of evaporative coolers and shall incorporate into the design or so place such equipment on the structure so such equipment is not seen from any public right-of-way. Custom designed residences may be granted an exemption from this requirement if, in the opinion of the building and safety director, the size or design of the structure precludes the efficient use of evaporative cooling.

(Ord. 1294, 1988; Ord. 1347, 1990; Ord. 1418, 1992; Ord. 1553, 1998; Ord. 2004 § 3, 2019)

For the purpose of this section, a "high-rise building" is defined as a building or structure which exceeds 35 feet in height or as otherwise permitted. In all cases, high-rise buildings shall be subject to approval of a conditional use permit or planned development district, pursuant to Section 94.02.00 or Section 94.03.00, and shall be considered in only those zones where specifically permitted, pursuant to the following standards:

Sixty percent of a site area for high-rise building shall be developed as usable landscaped open space and outdoor living and recreation area and shall be so designated on the site plan. The remaining 40% of a site area may be used for buildings and parking. Required landscaping for surface parking areas shall not be included in the 60% open space requirement. To insure that all required open space shall remain in perpetuity, the owner shall offer to dedicate development rights for all open space required by this Zoning Code.

Maximum height of high-rise buildings shall be 60 feet. An additional 15 feet maximum may be allowed for stairways, elevators and mechanical equipment on the roof; provided, the bulk of the building does not appear to be over 60 feet.

On Indian Land, the maximum height of high-rise buildings shall be 100 feet. This shall include all appurtenances on such buildings, and shall be measured from any point of the natural elevation of the ground at the building line, before grading, to the maximum projection on top of the building above the same point.

A high-rise building shall have a minimum setback of three feet of horizontal setback for each one foot of vertical rise of the building. This setback requirement is to be measured from property lines except when a site in question abuts a street. Then it shall be measured from the right-of-way line on the opposite site of the abutting street. The city's general plan street plan shall be used to determine the right-of-way line, and in no case shall more than 100 feet of street right-of-way be used in determining a setback distance. The minimum setback for any structure, regardless of height, shall be as prescribed by the underlying zone.

Exception.

In industrial zones, except for properties which abut a property in a residential zone, a high-rise building shall have a minimum setback of one foot of horizontal setback for each one foot of vertical rise of the building. This setback requirement is to be measured from all property lines.

On Indian Land, a high-rise building shall have a minimum setback of one foot of horizontal setback distance from the short dimension of the lot and one and one-half (1 1/2) feet of horizontal setback distance from the long dimension of the lot for each one foot of vertical rise of the building. All setbacks shall be measured from property lines.

Proximity to Low-density Development.

When a high-rise building is adjacent to or across the street from an R-1 zone or properties in an area designated on the general plan for low-density residential development, such high-rise building shall have a minimum setback from the closest part of said R-1 zone or low-density residential designation of six feet of horizontal distance for each one foot of vertical rise of the building, as measured in subsection C of this section.

Deleted by Ord. 1418.

High-rise buildings shall be designed to insure that each structure fits into the resort character of the community and blends in with the natural surroundings.

The city council may alter the provisions of this section upon finding that the intent of this section is met.

(Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1553, 1998)

Access Required.

Each building or structure or use shall have permanent vehicular access to the approved public or private street or right-of-way on which the lot or building site has frontage, unless a secondary means of permanent vehicular access such as a service road or alley has been approved by the planning commission.

The access strip of a flag lot shall not be less than 30 feet in width at any point, except in the R-1 zones where it shall not be less than 16 feet.

Access Rights.

Each lot or building site may have at least one vehicular accessory from the street on which it has frontage unless the planning commission determines that such access would be detrimental to existing or anticipated traffic patterns at that location and that alternate access is available.

Location of Accessways—General.

All vehicular accessways shall be located not less than 30 feet from the ultimate curb line of intersection streets or as otherwise approved by the city engineer. A greater distance may be required depending on street design and use, and other factors as determined by the city engineer to affect public health and safety.

Vehicular Access to Thoroughfare Frontage.

In order to encourage the sound development of thoroughfare frontage, the following special provisions shall apply in any location which abuts a major or secondary highway.

Access Barrier.

Access to the highway shall be regulated in the interest of public safety. Each building or group of buildings used for hotel or nonresidential purposes, together with its parking or service areas, shall be physically separated from the highway or street by a curb, planting strip, or other suitable barrier against unchanneled motor vehicle ingress or egress, except for accessways as approved by the planning commission.

Turning Area on Lot.

When vehicular access to lots fronting on a major or secondary thoroughfare is not provided for by way of a service road or alley, there shall be a paved turning area on the lot to permit motor vehicles to turn around and head into the thoroughfare.

Controlled Access.

Controlled access is discouraged. Controlled access to developments shall only be approved by the Planning Commission where the applicant can establish that the development will be significantly impacted by unauthorized parking from adjacent uses or traffic impacts from adjacent uses beyond the design capacity of the internal streets, and will not negatively impact unauthorized parking, traffic, or public safety at adjacent uses. When considering applications for controlled access, the Planning Commission shall evaluate the use of parking restrictions or traffic calming measures first as an alternative to controlled access. Where controlled access to a development is proposed by the use of guardhouses, gates or other similar controls, the design of such access shall incorporate such features as service and emergency access, on-site turn-around, relevant signing, or other similar features as may be required by the Planning Commission.

(Ord. 1294, 1988; Ord. 1553, 1998; Ord. 1978 § 3, 2019)

Intent and Purpose.

These regulations are intended to create properly designed and integrated off-street parking areas, with adequate capacity, circulation and landscaping organized aesthetically to positively relate to the use or building being serviced.

"Off-street parking" means an area together with the required number of parking spaces and improvements thereon, as required by this section, for vehicle parking and maneuvering necessary to serve particular land uses, irrespective of the zones in which they occur.

General Provisions.

Applicability.

These standards shall apply:

Upon construction of any main building;

Upon establishment of any off-street parking;

Upon alteration or enlargement of an existing building (including the addition of dwelling units or guest rooms or where the use is intensified by the addition of floor space or seating capacity).

Provision of Off-Street Parking.

Off-street parking required in connection with any existing building or use shall be provided so long as such building or use remains. Any off-street parking which is permitted but not required by this Zoning Code shall comply with all regulations herein.

Nothing shall prohibit the employee of a particular use or building, for which off-street parking is being provided, from using such off-street parking.

Nonconforming Parking.

Buildings or uses which have insufficient off-street parking per the requirements of this Zoning Code, shall not be expanded unless sufficient additional parking spaces can be provided in accordance with the standards of this Zoning Code. Existing parking shall be counted as meeting this requirement only if it is laid out in compliance with the standards at the time of its establishment.

In the case where parking requirements for particular uses become equal to or more restrictive, those uses established prior to the change in parking requirements may be continued without providing additional parking, as long as there is no interruption of such use for a period greater than 180 days.

If such use is interrupted for a greater period, and the parking is nonconforming for such use, the planning commission may require reoccupation by a use which meets the intent of the current parking requirements or may grant continued nonconforming status according to Section 94.05.06.

Where a use which is nonconforming according to the current parking standards is replaced by another type of use, such new use shall meet the intent of the current parking requirements.

Exceptions.

Historic Structures. Class 1 and Class 2 historic buildings shall be exempt from the requirement to provide additional parking or pay in-lieu fees for any new use allowed by the Zoning Code for the zone in which the historic building is located.

ii.

Covered Parking for Residential. Single- or multi-family residential structures with non-conforming legally constructed covered parking shall be exempt from the requirement to provide additional covered parking or enlarging the covered parking area, if either (1) remodeling or adding to an existing dwelling or (2) establishing a Type 1 ADU in accordance with Section 93.23.14.

Computation of Required Off-Street Parking Spaces.

When computation of the required number of parking spaces results in a fractional parking space, one additional parking space shall be required for one-half (½) or more fractional parking space and any fractional space less than one-half (½) of a parking space shall not be counted.

Location.

Single- or Multiple-family Dwellings and Hotels.

Parking facilities shall be located on the same lot or building site as the buildings they are required to serve.

Hospitals, Rest or Convalescent Homes, Boarding or Rooming Houses and Fraternity and Sorority Houses.

Parking facilities shall be located not more than 150 feet from the building they are required to serve.

Exception.

When approved by the planning commission, hospitals may provide parking facilities more than 150 feet from the building they are required to serve; provided that, an automatic parking gate or similar method of control approved by the commission shall be installed to insure that the parking lot will not be used by other developments in the area.

Other Uses.

Parking facilities shall be located not more than 300 feet from the building or use they are required to serve, except as follows:

Note.

Distances specified in subsections (B)(5)(a), (B)(5)(b) and (B)(5)(c) of this section shall be measured from the nearest point of the parking facility to the nearest point of the building or use served by such parking.

Mixed Uses or Occupancies.

In the case of mixed uses or occupancies, the total number of required off-street parking spaces shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities provided for one use shall not be considered as providing the requirement parking facilities for any other use, unless a joint use of parking facilities has been approved by the Planning Commission as specified in this section. Parking requirements for mixed-use developments, as that term is defined in Section 91.00.10, shall be calculated in accordance with the requirements of subsection (D)(7) or subsection (D)(20), as may be applicable.

Joint Use of Off-Street Parking Facilities.

In the case of uses which operate at hours not coincident with adjacent uses, parking credit may be given for the use of those adjacent parking spaces under the following conditions:

Sufficient evidence shall be presented to the Director demonstrating that no substantial conflict in the principal hours or periods of peak demand of the structures or uses for which the joint use is proposed will exist;

The credited space may not exceed the distance authorized in this section from the subject use;

The spaces must be attributed to the user by a covenant running with the land from the owner designating the spaces and their hours of use to the subject use; or

A lease agreement from the owner to the subject user specifying the spaces and their hours of use with a requirement to notify the city if the lease is broken.

In-Lieu Payments.

In the C-B-D zone, in-lieu of furnishing the parking spaces required by the provisions of this section, the parking requirement or any portion thereof may be satisfied by the payment of such amount as may be prescribed by resolution of the city council, into the parking fund of the city prior to the issuance of a building permit. In-lieu parking may be used to satisfy requirements in other zones only if a parking district has been established to include the subject property.

Funds placed in the parking fund of the city, pursuant to the provisions of this section, shall be used and expended exclusively for the purpose of acquiring and developing off-street parking facilities, limited insofar as practicable to the general vicinity of the premises for which the in-lieu payments were made.

Uses Not Specified.

Where the parking requirement for a use is not specifically defined herein, the parking requirement for such use shall be determined by the planning commission in the manner set forth in Section 94.01.00; and such determination shall be based upon the requirement for the most comparable use specified herein.

10.

Administrative Relief.

The Director may grant a reduction of width of required parking spaces by not more than six inches and modification of other design standards subject to the finding that special circumstances would deprive the subject property of privileges enjoyed by other properties in the vicinity. Administrative relief from the number of parking spaces required by this section may be granted by the director of planning and building in the manner set forth in Section 94.06.01 (Minor modification).

11.

Specific Parking Plan.

Economies in parking may be achieved by large or mixed use developments. The Director may approve a specific parking plan for these kinds of development under a land use permit.

12.

Electric Vehicle Charging Spaces and Stations.

Electric vehicle charging spaces and stations shall be permitted as an accessory use within any existing residential garage or carport, or within any existing legal commercial/industrial/ civic parking space in a parking lot or in a parking garage.

Electric vehicle charging spaces shall be provided in accordance with the requirements of the California Green Building Standards Code and as follows in Section (b)(1) to (b)(3) below.

New construction – nonresidential uses. Electric vehicle charging spaces shall be provided in accordance with the following table:

Total Number of Actual Parking Spaces	Number of EV Charging Spaces
0-9	0
10-25	1
26-50	2
51-75	4
76-100	5
101-150	7
151-200	10
201 and over	6 percent of total spaces, rounded up to the nearest whole number.

Remodeling or expansion of existing developments – nonresidential uses. Electric vehicle charging spaces shall be provided as listed in the table in Section (b)(1) only for new parking spaces that are added due to the expansion or change in use. No electric vehicle charging spaces shall be required for the parking spaces that were in existence prior to the expansion or change in use.

New construction – multifamily residential uses. Ten percent of the total number of parking spaces for the development shall be pre-wired and capable of supporting future electric vehicle charging stations. Calculations for the required number of electric vehicle charging stations shall be rounded up to the nearest whole number.

Any spaces reserved for electric vehicle charging stations shall be clearly marked with signage and shall meet the parking design standards set out in Subdivision C of this Section. Electric vehicle charging spaces shall count toward the required number of parking spaces as follows:

A parking space served by electric vehicle supply equipment (as defined in the California Green Building Standards Code) or a parking space designated as a future electric vehicle charging space shall count as at least one standard automobile parking space for the purpose of complying with any applicable minimum parking space requirements set out in Subdivision D of this Section.

An accessible parking space with an access aisle served by electric vehicle supply equipment or an accessible parking space with an aisle designated as a future electric vehicle charging space shall count as at least two standard automobile parking spaces for the purpose of complying with any applicable minimum parking space requirements set out in Subdivision D of this Section.

This subdivision does not modify the approval requirements for an electric vehicle charging station pursuant to Chapter 8.105 of the Palm Springs Municipal Code.

Electric vehicle supply equipment shall comply with the Palm Springs Building Code, including all applicable provisions of the California Electrical Code and the California Green Building Standards Code pertaining to electric vehicle supply equipment, and shall not reduce the size of the parking space. Electric cords shall not a cross a pathway.

Parking Design Standards.

Plot Layout Plan.

The layout plan of any proposed parking shall be completely dimensioned and shall include all of the informational requirements as set forth in the appropriate application forms.

In addition, the site plan shall indicate the following:

School plot plans shall indicate: number of employees (including teachers and professional staff); number of students at ultimate enrollment; and square footage of assembly areas or number of seats;

Plot plans for places of public assembly shall indicate, the number of seats in assembly area; or if no fixed seating, the total gross floor area of the assembly areas;

Multiple-residential plot plans are to indicate the number of bedrooms in each unit as well as total number of units;

Hospital plot plans shall indicate the number of beds and total gross floor area;

Automotive repair shop plans are to indicate the number of service bays and number of hydraulic lifts;

Restaurants, discotheques and cabarets are to indicate the square footage of area where the public is served and/or the amount of proposed seating.

Improvement of Parking Areas.

All parking areas shall be improved per city specifications as follows:

Graded for Adequate Drainage.

All drainage flows shall be carried by concrete gutters or swales.

The minimum pavement section shall be a minimum of two and one-half (2-1/2) inch asphalt concrete pavement over native soil, or equal. The pavement section shall be designed using "R" values, determined by a licensed soils engineer and submitted with the fine grading plan to the city engineer for approval.

Parking stalls clearly delineated with a four to six inch stripe; "hairpin" or elongated "U" design; or other approved striping or stall delineation, except for single-family dwellings.

Continuous six inch concrete curbs installed to serve as wheel stops for cars, edging for planting areas, and protection for walls at entrances and exits, located no closer than five feet from any building, hedge or fence, except for parking garages where a two foot minimum protection space is required from the nose of the space to the face of the wall.

Landscape Treatment.

Landscaping shall be incorporated into the design of all off-street parking areas, including covered, decked or underground parking (but which may require special landscape treatment), as follows:

Parking Lot Shading.

Trees, of suitable eventual size, spread and climatic conditioning, shall be placed throughout the parking area to provide adequate shade for pedestrians and vehicles. Shade trees shall be placed so as to shade the following amount of the total parking area:

Parking Spaces Required	Percentage of Total Parking Area to be Shaded
5—24 spaces	30% minimum
25—49 spaces	40% minimum
50+ spaces	50% minimum

Tree coverage shall be determined by the approximate crown diameter of each tree at 15 years of age.

ii.

A shade plan shall be submitted with detailed landscaping plans, which shows canopies after 15 years growth to confirm the above percentages. Tree locations should not interfere with required lighting of public areas or parking areas.

Landscaped Planters and Perimeter Treatment.

Trees shall be placed in planters that must also include plant material such as groundcover or appropriate vines and screen shrubs. Boulders, gravel and the like, may be integrated with plant material into a well-conceived plan; berming or other aesthetic approaches integrating into the overall design are encouraged.

Alternative.

The planning commission may approve covered parking structures to be incorporated into the landscape shading for the purposes of providing equivalent shaded area.

Labeling the Plant Material.

A plant list shall be included giving the botanical and common names of the plants to be used.

Irrigation System.

An automatic irrigation system sufficient to sustain healthy planted areas shall be provided. Irrigation water shall be contained within property lines.

Lighting.

Parking lot lighting must be in accordance with Section 93.21.00, Outdoor lighting standards.

Bicycle Parking.

Bicycle racks or bicycle parking facilities may be required in any development submitted for architectural approval after the effective date of this Zoning Code. If required, the location and design of these facilities shall be shown on the site plan.

Tandem Parking.

Automobile parking so arranged as to require the moving of any vehicle in order to enter or leave any other stall shall be prohibited in any zone unless specifically approved by the Director. Tandem parking spaces may be permitted in the R-1-E zone, subject to all other applicable development standards.

Traffic Circulation Within Off-street Parking Areas.

Parking stalls, driveways, porte cocheres and landscape planters shall be arranged so that a free flow of vehicular traffic and adequate site clearances are permitted at all times. City standards and specifications relating to curve radii and similar maneuvering requirements shall apply.

On-site Turn-around.

Automobile parking so arranged as to require the backing of motor vehicles onto a major or secondary highway shall be prohibited in any zone.

Pedestrian Walkways.

Pedestrian walkways shall be provided between the parking area and the building or use being served.

10.

Handicapped Parking Spaces (for all projects other than single-family residential development).

If parking spaces are provided for self-parking by employees or visitors, or both, then accessible spaces complying with this section and state and federal guidelines shall be provided according to the table below. These spaces need not be provided in the particular parking lot but may be provided in a different location, subject to Section 93.06.00(B) and approval by the Director, if equivalent or greater accessibility, cost and convenience is ensured.

Number of Parking Spaces Provided	Handicap Spaces Required
1—25 spaces	1 space
26—50 spaces	2 spaces
51—75 spaces	3 spaces
76—100 spaces	4 spaces
101—150 spaces	5 spaces
151-200 spaces	6 spaces
201—300 spaces	7 spaces
301—400 spaces	8 spaces
401—500 spaces	9 spaces
501—1000 spaces	2% of total
1001+ spaces	20, plus 1 for each 100 total spaces over 1000

At facilities providing medical care and other services for person with mobility impairments, parking space shall be provided according to the table above except as follows:

Outpatient Units and Facilities.

Ten percent of the total number of parking spaces provided serving the unit or facility,

Units and Facilities That Specialize in Treatment or Services for Person With Mobility Impairments.

Twenty percent of the total number of parking spaces provided serving the unit or facility.

Individual spaces shall be nine feet wide plus a five foot walkway at the right side; two spaces can share a common walkway. Ramp access shall be provided from the parking area to the interior walkway system. One in every eight accessible spaces, but not less than one, shall be served by an eight foot walkway at the right side and shall be designated as "van accessible."

11.

Controlled Access to Off-street Parking Areas.

Proposed off-street parking areas designed to control public access shall require planning commission approval upon recommendation from the fire and police departments and traffic engineer. Ingress and egress design should include vehicle maneuvering and "stacking" space to avoid internal and external traffic conflict.

12.

Off-street Parking Adjacent to Streets.

Where parking areas front, side or rear on a street, there shall be a landscaped boarder of not less than 10 feet in depth, adjacent to the property line, and a decorative solid masonry wall and/or landscaped berm at least four feet in height plus adequate landscaping shall be erected between the property line and the paved parking area, unless otherwise prescribed in this Zoning Code. Such wall or berming shall be reduced to 30 inches in overall height within any corner cutoff area. (See Exhibit "B," found at the end of this section).

13.

Off-street Parking Abutting Residential Zones.

Where parking areas side or rear directly on a residential zone, a solid masonry wall six feet in height shall be installed on the property line, such wall shall be reduced to a maximum four and one-half (4 1/2) feet in height within the front or side front area of the adjacent property, and a landscape border not less than five feet in width shall be installed between the wall and the paved parking area. (See Exhibit "C," found at the end of this section).

14.

Off-street Parking Abutting Nonresidential Zones.

Where parking directly abuts a nonresidential zone, there shall be a five foot landscape border adjacent to the property line. (See Exhibit "D," found at the end of this section).

15.

Parking Bays.

Along local and collector streets in residential, commercial and industrial zones, parking may be provided in bays opening directly into the street, subject to the approval of the planning commission. The arrangement shall be developed in accordance with current city specifications and shall conform to the following standards (See Exhibit "E," found at the end of this section).

Parking shall be installed at an angle of 90 degrees with the street. Each stall shall be at least nine feet wide and 18 feet deep, and entirely on private property.

There shall be a landscaped area with a minimum width of nine feet between each five parking spaces in a parking bay.

In the case of a corner lot, no bay shall be nearer than 30 feet to the ultimate right-of-way lines of the intersecting local street. For intersecting streets other than local streets, no bay shall be nearer than 100 feet to the ultimate right-of-way of the intersecting major or secondary thoroughfare, and 50 feet to the ultimate right-of-way line of the intersecting collector street. This dimension may be varied upon approval by the city traffic engineer where it can be determined there will not be a detrimental affect on public health, safety and welfare.

No parking bay or driveway opening shall be installed closer than six feet to any side or rear lot line.

For residential and commercial zones, paving material shall be decorative paving, colored and/or patterned to relate to the overall design.

For industrial zones paving material shall be six inch concrete or asphalt concrete with minimum two and one-half (2 1/2) inch thickness.

A continuous six inch concrete curb shall be installed to serve as a wheelstop, located no closer than five feet from any building, wall or fence. Individual wheelstops shall be prohibited unless approved by the Director.

16.

Underground, Decked and Covered Parking.

The minimum dimensions for underground, decked or covered parking shall be as required for uncovered surface area parking as specified throughout this section, except additional minimum dimensions may be necessary for specific circulation conditions resulting from underground or decked parking.

A level transition area between the street and a ramp serving underground or decked parking shall be provided for a distance which will provide adequate site distance at the street.

Landscaping shall be incorporated into parking structures to blend them into the environment. This shall include perimeter grade planting and rooftop landscaping as deemed appropriate by the planning commission.

17.

Compact Car Parking.

Up to 40% of the total parking provided may be compact spaces, subject to planning commission approval. The first 20 spaces of any proposal shall be standard sized spaces. Compact parking space dimensions shall be eight feet by 15 feet (90 degree parking). Spaces shall be properly marked for compact cars only.

18.

Drive-through Facilities.

Such facilities shall conform to the following regulations. Exceptions to these regulations may be permitted by the planning commission when existing on- or off-site conditions warrant alternative design solutions.

Safe on-and off-site traffic and pedestrian circulation shall be provided, including, but not limited to, traffic circulation which does not conflict with entering or exiting traffic to the site, parking or pedestrian movements.

A stacking area shall be provided for each service window or machine and shall provide a minimum of seven tandem standing spaces inclusive of the vehicle being serviced. The standing spaces shall not extend into the public right-of-way nor interfere with any internal circulation patterns. Vehicles at service windows or machines shall be provided with a shade structure.

The drive-through facility shall be designed to integrate with existing or proposed structures, including roof lines, building materials, signage and landscaping.

Amplification equipment, lighting and location of drive-through elements and service windows shall be screened from public rights-of-way and adjacent properties.

Off-street Parking Requirements.

The number of off-street parking spaces required shall be no less than the following for all zones within the city of Palm Springs unless otherwise noted in this Zoning Code:

Automobile Rental Agencies.

One space for each 200 square feet of gross floor area, plus one storage parking space for each vehicle to be stored on the lot. (Number of storage spaces to be determined by the maximum number of vehicles to be stored at any one time.)

Automobile Service Stations.

Four spaces plus four spaces for each service bay. Exception: Stations with mini-marts shall provide parking at the rate of one space for every 200 square feet of gross floor area within enclosed structures plus one space for water/air dispensers, if provided.

Note: Submitted plans shall show the number of service bays and number of hydraulic lifts.

Banks, Savings and Loans, and Other Financial Institutions.

One space for every 200 square feet of gross floor area. (For drive-through, see Section 93.06.00(C)(18)). Off-street parking spaces provided in the drive-through parking area may be considered as part of the required parking provision, at the discretion of the planning commission.

Bowling Alleys.

Five spaces for each alley, plus two for each billiard table, plus one for each five seats in any gallery.

Cabarets, Cocktail Lounges and Discotheques, as a Separate Use or Within a Restaurant.

One space for every 35 square feet of gross floor area where the public is served, or one space for every three seats.

Cannabis Facilities.

Cannabis cultivation facilities shall be parked at a rate of one space for every 1,000 gross square feet of area for the first 10,000 square feet of gross floor area, and one space for each 5,000 square feet of gross floor area thereafter.

Cannabis dispensaries shall be parked at a rate of one space for every 300 gross square feet of retail dispensary space or office space.

Cannabis lounges shall be parked at a rate of one space for every three seats, or one space for every 35 square feet where the public is served. Cannabis Lounge facilities within the "D" Downtown Parking Combining Zone may be parked at a rate of one space for every four seats, or one space for every 50 square feet where the public is served.

Cannabis manufacturing facilities shall be parked at a rate of one space for every 1,000 gross square feet of area.

Cannabis testing facilities shall be parked at a rate of one space for every 300 gross square feet of area.

Cannabis transportation and distribution facilities shall be parked at a rate of one space for every 1,000 gross square feet of area.

Car Wash.

Four spaces and stacking parking equal to five times the capacity of the car wash; five for every two self-operated wash stalls.

C-B-D Zone (Central Business District) Parking Requirements.

Uses within the central business district (C-B-D) zone shall provide one space for each 300 square feet of gross floor area where parking is to be provided on site at the time of development. Where "in-lieu" payments are used to satisfy parking requirements, then the parking requirement shall be at the ratio of one space for each 400 square feet of gross floor area.

Mixed-use developments, which exceed 20,000 square feet of gross floor area, shall provide one space for each 325 square feet of gross floor area. Additional parking need not be provided for restaurants, provided that no more than 25% of the total floor area of the whole complex is devoted to restaurant use. Parking for residential units within a mixed-use development shall be provided at a ratio of one-half (0.5) space per bedroom for the first two bedrooms. No additional parking spaces shall be required for residential units with more than two bedrooms.

See Section 92.09.04(A) for requirements.

Convenience Markets, Supermarkets and Liquor Stores.

One space for every 200 square feet of gross floor area.

10.

Neighborhood Shopping Center (C-D-N) zone and community shopping center (C-S-C) zone uses.

One space for each 225 square feet of gross leasable floor area for all uses, including restaurants and theaters.

11.

Furniture, Appliance Stores, Art Galleries and Interior Decorators.

One space for every 500 square feet of gross floor area, but not less than five spaces; and one space for every company vehicles.

12.

Game Courts.

Three spaces for every one court.

13.

Golf Courses (full size) and Driving Ranges.

Six spaces per hole plus the requirements for additional uses on the site; for driving ranges, one space per tee, plus the requirements for additional uses on the site. Miniature golf, three spaces per hole plus additional parking for ancillary commercial uses.

14.

Gymnasiums and Health Studios.

One space for each 400 square feet of gross floor area, plus one for each employee.

15.

Homes for the Aged, Sanitariums, Children's Homes, Asylums, Nursing and Convalescent Homes.

See Section 94.02.00(H)(7). One space for each two beds or one space for each 1,000 square feet of gross floor area, whichever provided the greater number, plus one for each three employees.

16.

Hospitals.

Two spaces for each bed, plus one space for every vehicle owned and operated by the hospital.

17.

Hotels and Clubs.

There shall be provided one garage, carport or open parking space as an accessory for each of the first 50 guest rooms in any establishment.

Establishments with more than 50 guest rooms shall provide 0.75 garages/carports, or open parking space as an accessory for each guest room in excess of 50.

Resort hotels and resort hotel complexes shall comply with the following additional standards:

One parking space shall be provided for every 60 square feet of gross floor area of dining room, bar and dancing areas, and places where the public is served. As an alternative where seating can be determined, one parking space for every five seats shall be provided. An additional 20% of the above required parking spaces shall be provided for the use of the employees.

Commercial accessory uses shall provide one parking space for each employee.

Parking for the single largest places of public assembly only, such as auditoriums, exhibition halls, theaters, convention facilities, meeting rooms, and other places of public assembly (excluding foyers, corridors, restrooms, kitchens, storage, and other area not used for assembly of people) shall be based on the following standards:

Up to 30 square feet of the single largest above ancillary facility may be provided per each guest room without providing additional parking.

ii.

The single large public assembly floor area in excess of 30 square feet per guest room shall provide off-street parking at the ratio of one space for each 30 square feet or one space for each six seats if the seats are fixed.

18.

Manufacturing and Industrial Uses (including open industrial uses).

One space for each 500 square feet of gross floor area.

19.

Mini-warehousing.

Self-storage or Dead Storage. A minimum of six spaces per complex; additional parking to be as required by the Director. Where a caretaker's residence is provided, a minimum of two parking spaces shall be provided for the exclusive use of such residence in addition to those required for the miniwarehouse function.

20.

Mixed-use Developments (with a gross floor area exceeding 20,000 square feet, including retail but excepting the C-B-D zone).

One space for each 300 square feet of gross floor area. Additional parking need not be provided for restaurants, provided that no more than 25% of the total floor area of the whole complex is devoted to restaurant use. Parking for residential units within a mixed-use development shall be provided at a ratio of one-half (0.5) space per bedroom for the first two bedrooms. No additional parking spaces shall be required for residential units with more than two bedrooms.

21.

Mortuaries and Funeral Homes.

One space for each 20 square feet of floor area of assembly rooms plus one per employee, plus one for each car owned by such establishments.

22.

Motor Vehicle or Machinery Sales.

One space for each 800 square feet of gross floor area to be clearly delineated as public parking. Plus any parking required for repairs as specified in Section 93.06.00(D)(2).

23.

Motor Vehicle Repair Shops.

Four spaces for each service bay or lift or one space per 100 square feet of gross floor area.

24.

Personal Services. One space for each 300 square feet of gross floor area.

25.

Plant Nurseries, Building Materials, Yards and Outdoor Display Sales.

One space for every 500 square feet of gross floor area and/or outdoor display area, plus one space for every company vehicle.

26.

Offices, Nonmedical.

One space for each 200 square feet of gross floor area for facilities up to 10,000 square feet in floor area. Nonmedical offices with a floor area which exceeds 10,000 square feet shall provide parking at one space per 250 square feet of gross floor area in excess of 10,000 square feet.

27.

Offices, Medical and Dental.

One space for each 150 square feet of gross floor area for facilities up to 10,000 square feet in floor area. Medical and dental offices with a floor area which exceeds 10,000 square feet shall provide parking at one space per 200 square feet of gross floor area in excess of 10,000 square feet.

28.

Private Park and Recreation Uses.

One space for every three persons based upon the approved capacity of the facility.

29.

Public Park and Recreation Uses.

One space for each 8,000 square feet of active recreational area within a park or playground, plus one space per acre of passive recreational area within a park or playground.

30.

Places of Public Assembly.

Churches, auditoriums, exhibition halls, theatres, convention facilities, meeting halls, lodges, private clubs, wedding chapels, and other similar places of public assembly shall provide one off-street parking space for every four seats, if seats are fixed; one space for each 35 square feet of assembly area, which does not include foyer, corridors, restrooms, kitchens, storage and other areas not used for assembly of people. For churches, off-street parking shall be required for primary seating only. Submitted plans shall show the number of seats in the assembly area; or if no fixed seating, the total gross floor area of the assembly area.

31.

Residential Uses.

Note. Submitted plans shall show the number of bedrooms in each unit as well as total number of units.

Single-family Homes.

Two spaces for each dwelling unit, within a garage or carport. Trellises, or other construction providing a 70% shade factor, may be used.

Condominiums or Residences Within a Planned Development District (PD).

Primary parking (per unit) shall be required as follows:

(A) Studio and efficiency units	One primary space
(B) One bedroom unit	One and one-quarter (1 ¼) primary spaces
(C) Two bedroom units	One and one-half (1 ½) primary spaces
(D) Three or more bedrooms	Three-quarters (¾) primary space per bedroom
(E) Mobile home parks	Two spaces per mobile site

ii.

Guest Parking.

In addition to the primary parking required above, one designated parking space per each four units shall be provided for guest parking, except that mobile home parks shall provide designated guest parking at a rate of one space per each seven units, unless guest parking can be provided on a private street.

iii.

Covered Parking.

(A)

One covered parking space shall be provided for each unit. Trellises providing a 70% shade factor may be used.

(B)

This requirement shall not apply to existing lots of record which are substandard in area or dimension requirements as established elsewhere in the Zoning Code.

Apartments.

Apartment uses shall have the same requirements as condominiums for primary parking and guest parking, except that covered or enclosed parking spaces are optional.

Rooming, Boarding and Fraternity Houses.

One space for each sleeping room or one space for each two beds, whichever yields the greater number.

32.

Restaurants (Freestanding).

One space for each 35 square feet of gross floor area where the public is served, or one space for every three seats.

Restaurants in Large Mixed-use Commercial Complexes.

Additional parking need not be provided for restaurants in mixed-use commercial complexes (commercial, office, retail) which have a gross floor area which exceeds 20,000 square feet; provided that, no more than 25 of the total floor area of the whole complex is devoted to restaurant use.

Note.

Submitted plans shall show the square footage of area where the public is served and/or the amount of proposed seating.

33.

Retail Stores Not Otherwise Specified Herein, Including Ice Cream Parlors and Donut Shops.

One space for each 300 square feet of gross floor area.

34.

Schools.

Day Nurseries.

One space for each employee plus one space for each five children in attendance.

Elementary and Intermediate.

One space for each employee.

High Schools.

One space for each eight enrolled students, plus one space for each employee.

Colleges.

One space for each three enrolled daytime students, plus one space for each employee.

Trade Schools and Business Colleges.

One space for each 150 square feet of gross floor area.

35.

Self-service Laundries.

One space for every three machines.

36.

Warehousing, Distribution and Wholesaling.

Parking shall be provided in accordance with the table below:

Up to 100,000 SF	1 space per 800 SF of gross floor area
Next 100,000 SF	1 space per 1,250 SF of gross floor area
All Additional	1 space per 5,000 SF of gross floor

Parking, loading, and unloading spaces for trucks and delivery vehicles shall be in addition to the off-street parking requirements listed above. Delivery vehicles shall be parked on site in designated areas. As an alternative to the standards listed above, applicants may submit a Specific Parking Plan pursuant to Section 93.06.00 where specific operational standards may warrant a different parking ratio.

Design Dimensions. The off-street parking area design criteria, as set forth as follows, exemplify minimum dimensions necessary for traffic circulation, ingress and egress, and public safety to and through parking areas, while setting aside ample open space to integrate landscaping, lighting and pedestrian design features into the plan to create an off-street parking area aesthetically complementary to the urban environment.

In order to allow for innovative designs to be explored, alternate designs may be considered and approved by the planning commission. While this provision is not intended to allow deviation from the minimums as set forth herein, it is to provide flexibility in the application and structuring of landscaping and related environmental elements.

The following parking lot dimensions shall apply to all parking lots constructed in accordance with this Zoning Code. In event practical difficulties and hardships result from the strict enforcement of the following standards due to existing permanent buildings, or an irregular shaped parcel, administrative relief may be granted by the Director according to Section 93.06.00(B)(10) and Section 94.06.01 (Minor modifications).

Parking Dimensions—Ninety Degree Angle (See Exhibit F-1 found at the end of this section).

Parking spaces shall be 17 feet deep (standard) and 15 feet deep (compact), except where nose-to-nose deep (see subsection E8 of this section).

Parking spaces shall be nine feet wide (standard) and eight feet wide (compact).

A driveway adjoining a double row of parking spaces shall be 26 feet wide. Driveways adjoining a single row of spaces shall be 24 feet wide.

Curbs shall be installed at a minimum of five feet from face of walls, fences, buildings or other structures. This requirement excepts driveways that are not a part of the maneuvering area for parking.

Peripheral planting areas are required every 10 spaces. The planters shall have a minimum exterior width of nine feet and provide at least six foot minimum planting width.

Curbs shall be placed at a minimum of two feet from the face of walls, fences or buildings adjoining driveways which are not part of a maneuvering area. (See subsection E4 of this section where drive adjoins a maneuvering area).

Tree wells/median islands shall have a planting area of six feet in diameter/width.

Nose-to-nose parking spaces shall be 19 feet long (standard) and 17 feet long (compact).

Cumulative dimensions. (Deleted by Ord. 1300)

10.

Driveway widths shall be 24 feet minimum and constructed to city standards. The Director may require a wider driveway to accommodate needs.

11.

First parking space shall be 10 feet minimum distance from property line adjacent to the street. The Director may require a greater distance.

12.

Six inch PCC curb and gutters shall be installed, except that six inch PCC vertical curbs may be installed in lieu of curb and gutters if no drainage is carried along curb line. Where a six inch PCC vertical curb is used, a two foot wide concrete gutter section shall be installed along drainage lines. Individual wheelstops shall be prohibited unless approved by the Director.

13.

Concrete walks with a minimum width of two feet shall be installed adjacent to end parking spaces or end spaces may be increased to 11 feet wide.

14.

Curb radii shall be three feet minimum.

15.

One-way drives shall be 14 feet minimum wide. Two-way drives shall be 24 feet minimum wide.

16.

Cumulative dimension. (Deleted by Ord. 1300)

17.

Parallel parking spaces shall be eight feet wide by 24 feet long. The length may be reduced to 18 feet, if a six foot separation (no parking area) is provided between every two spaces.

18.

Single-family covered parking spaces shall be 10 feet wide by 20 feet long.

19.

Handicapped Parking Spaces. See subsection (C)(10) of Section 93.06.00.Other dimensions as accepted by the Institute of Traffic Engineers may be approved by the Director or planning commission.

Aisle Width	Parking Angle (In Degrees) 30	Parking Angle (In Degrees) 45	Parking Angle (In Degrees) 60	Parking Angle (In Degrees) 75
One-way traffic	12′	14′	18′	20′
Two-way traffic	20′	21′	22′	22′

*	These dimensions are face-of-curb to face-of-curb for curb and gutter aisles, or edge of pavement to edge of pavement for strip paved aisles.
*	Nose-to-nose parking spaces shall be an additional two feet in length.

Exhibit A

Exhibit B

Exhibit C

Exhibit D. Parking Abutting Non-Residential

Exhibit E. Bay Parking

Exhibit F. Parking Design Dimensions

(Ord. 1294, 1988; Ord. 1300, 1988; Ord. 1347, 1990; Ord. 1366, 1991; Ord. 1418, 1992; Ord. 1551, 1995; Ord. 1553, 1998; Ord. 1565, 1999; Ord. 1590 §§ 15, 16, 2000; Ord. 1840 § 1, 2014; Ord. 1977 §§ 17—20, 2019; Ord. 1979 § 7, 2019; Ord. 1984 § 25, 2019; Ord. 2007 § 32, 2019; Ord. 2020 §§ 44—46, 2020; Ord. 2025 § 3, 2020; Ord. 2031 § 44-48, 2020; Ord. 2038 § 3, 2021; Ord. 2041 § 29, 2021; Ord. 2056 § 11, 2022; Ord. 2063 § 22, 2022)

Sections 93.07.01 and 93.07.02 contain the off-street loading regulations and trash enclosures regulations, respectively.

(Ord. 1294, 1988; Editorially amended during codification)

General Provisions.

Every hospital, institution, hotel, commercial or industrial building hereafter erected or established shall have and maintain loading spaces as provided in Section 93.07.01(B) and (C), subject to conditions herein and constructed to the minimum standards established by the department of community development.

Loading spaces shall be not less than 12 feet in width, 40 feet in length, and with 14 feet in vertical clearance. Loading areas shall be screened from view from adjacent properties and streets.

When the lot upon which the loading spaces are located abuts upon an alley, such loading spaces shall have access from the alley. The length of the loading space may be measured perpendicular to or parallel with the alley. Where such loading area is parallel with the alley and the lot is 50 feet or less in width, the loading area shall extend across the full width of the lot.

There shall be no more than one entry or exit to 80 feet of lot frontage or fractions thereof, except as otherwise provided in the zone regulations.

Loading spaces shall be so located and designed that trucks need not back into a street or alley.

No part of an alley or street shall be used for loading excepting areas designated by the city for loading.

Loading space being maintained in connection with any existing main building existing on the effective date of this Zoning Code shall thereafter be maintained so long as such building remains, unless an equivalent number of such spaces are provided on a contiguous lot in conformity with the requirements of this section; provided, however, that this regulation shall not require the maintenance of more loading space than is required for a new building, nor the maintenance of such space for any type of main building other than those specified above.

No loading space which is provided for the purpose of complying with the provisions of this Zoning Code shall hereafter be eliminated, reduced, or converted in any manner below the requirements established in this Zoning Code, unless equivalent facilities are provided elsewhere, conforming to this Zoning Code.

Parking and drive areas may be used to satisfy the requirements of the required loading spaces, if approved by the planning commission.

Loading Spaces Required.

The following off-street loading spaces shall be provided for all hospitals, institutions, hotels, commercial and industrial uses unless otherwise approved by the planning commission.

Gross Floor Area	Loading Spaces Required
1. Commercial and Industrial Buildings
3,000—15,000	1
15,001—40,000	2
40,001—and over	3
2. Hospitals and Institutions
10,000—50,000	1
50,001—100,000	2
100,001—and over	3
3. Hotels and Restaurants	1

Mixed Occupancies.

In the case of mixed uses, the total number of required loading spaces shall be the sum of the requirements for the various uses computed separately. Loading space facilities for one use shall not be considered as providing required loading space facilities for any other use.

(Ord. 1294, 1988; Ord. 1347, 1990; Ord. 1553, 1998)

A trash enclosure shall be provided for all uses in each zone district, except single-family zones. The requirements of this section shall not apply in the C-M, M-1, M-1-P and M-2 zones when a property is completely enclosed by walls and buildings. The trash enclosure shall be constructed so that the contents, including trash containers, recycling containers, and organic waste containers, shall not be visible from a height of five feet above ground level on any street frontage.

The construction of the trash enclosure shall be constructed to the minimum standards established by the department of planning and building, shall be subject to architectural review (Section 94.04.00), and shall conform to the following general standards:

The enclosure shall be constructed of masonry block or decorative block or other durable material. Texture and color shall blend with the architecture of the building.

Height of the enclosure shall be sufficient to conceal the contents of the enclosure, including containers, but in no case, less than six feet (for bins) or three feet six inches (for cans) measured from finish grade at the exterior of the enclosure.

Baffled openings to the enclosure are suggested; provided that, if all or a portion of the contents are stored in mechanically unloaded steel bins of the dumpster type, a gate with a clear opening of nine feet shall be provided for access to the enclosure. Gate height shall be equal to enclosure height, and the gate shall be equipped with a latch or other device to ensure the gate remains closed when not in use. The gate shall be of a durable material, color and design which will blend with the enclosure. Contents of the enclosure shall not be visible when the gate is closed.

The enclosure shall be so oriented on the property that convenient access is provided for waste disposal service approved by the planning commission. If mechanically unloaded bins are utilized, paved access to the gate opening shall be provided which will allow entry of the waste disposal truck without excessive maneuvering.

The enclosure shall be constructed with a concrete floor and designed so that it can be washed out and kept in a sanitary condition.

Single-family Zones.

Trash containers shall be stored so that they are concealed from public view and located within 50 feet of the street, alley or access way from which trash removal service is delivered.

Recyclable Material Enclosures.

At least one recyclable materials enclosure, accommodating a minimum three cubic yard bin, shall be provided for all uses as stated in Section 93.07.02 including single-family residential developments which include a trash collection area serving five or more units. Such enclosure shall adhere to all requirements set forth in Section 93.07.02(A).

Recyclable material enclosures shall be incorporated into the required trash and organic waste enclosure structure or located in proximity to these enclosures.

Each enclosure shall include a sign, identifying the use of the bin for storage or recyclable materials, placed on the enclosure entrance gates and shall be no larger than two square feet in size.

Organic Waste Material Enclosures.

At least one organic waste material enclosure shall be provided for all uses as stated in Section 93.07.02 including single-family residential developments which include a trash collection area serving five or more units. Such enclosure shall adhere to all requirements set forth in Section 93.07.02(A). The size of the organic waste material enclosure shall be based on the anticipated needs of the building or buildings being served.

Organic waste material enclosures shall be incorporated into the required trash and recyclable material enclosure structure or located in proximity to this structure.

Each enclosure shall include a sign, identifying the use of the bin for storage of organic waste materials, placed on the enclosure entrance gates and shall be no larger than two square feet in size.

(Ord. 1294, 1988; Ord. 1347, 1990; Ord. 1457, 1993; Ord. 1553, 1998; Ord. 2020 § 47, 2020; Ord. 2063 § 21, 2022)

It is unlawful to commence any work pertaining to the erection, construction, re-construction, moving, conversion or alteration of any building, or any addition to any building, until a building permit shall be secured from the director of building and safety by any owner or his agent for said work.

No building or land shall be occupied or used unless a certificate of occupancy, and a license for such use where required, is first obtained from the department or person vested with the duty or authority to issue same.

Each application for a building permit shall be made on a printed form to be obtained at the department of building and safety and shall be accompanied by accurate information and dimensions as to the size and location of the lot; the size and location of the buildings on the lot, the dimensions of all yards and open spaces; and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available for existing records, the department of building and safety may require the applicant to furnish a survey of the lot prepared by a licensed surveyor. The original of such application shall be kept in the office of the department of building and safety.

Dedication of Streets.

The applicant for a building permit in any zone district shall dedicate street right-of-way as follows:

To provide for a half-street in accordance with the ultimate right-of-way shown by the city's general plan street plan;

To provide for a minimum half-street of 25 feet for any street not shown on the city's general plan street plan. This requirement may be modified by the planning commission for hillside streets or for streets within developed neighborhoods;

To provide for right-of-way as required by a planned development district plan or specific plan.

Street dedication shall not be required as follows:

When a building permit is issued for the purpose of remodeling, and such remodeling does not involve extensive construction of the front of the building;

When a building permit is issued for an addition to a commercial, industrial or multifamily residential property which does not increase the floor area of an existing structure by more than 10% and such addition, in the opinion of the Building Official, does not increase the intensity of use of the property involved;

When a building permit is issued for an addition to a single-family residential property which does not increase the floor area of an existing structure by more than 40%;

When a building permit is issued for the purpose of the demolition of a structure;

When a building permit is issued for the construction of a wall, as long as such wall is not to be constructed within an existing right-of-way or any future right-of-way as indicated by the general plan street plan;

When an Urban Lot Split application is approved in accordance with Section 9.62.055 of the Municipal Code.

Improvements.

The applicant for a building permit shall provide for the street improvements to be installed abutting the lots desired to be built upon. Such street improvements shall include the half street, concrete curbs and gutters and sidewalks in accordance with adopted standards. If the City Engineer determines, in his reasonable discretion and based upon sound engineering principles that the public health, safety and welfare would be served by omitting or deferring installation of any portion of such street improvements, the building permit may be issued. The owner or owners of record of the premises to which the building permit would apply, shall provide a covenant to install such improvement when notified by the city to do so, or, alternatively, to waive and forego any protest of the formation of an assessment district for the installation of such improvement. Any such covenant shall run with the land, shall bind the owner(s) and his or their successors in interest, and shall be in form sufficient to enable the same to be recorded in the office of the county recorder of Riverside County. Fire hydrants shall be installed by the developer for all construction in accordance with the requirements of the fire department.

Street improvements shall not be required as follows:

When a building permit is issued for the purpose of remodeling, and such remodeling does not involve extensive construction of the front of the building;

When a building permit is issued for an addition to a commercial, industrial or multifamily residential property which does not increase the floor area of an existing structure by more than 10% and such addition, in the opinion of the Director, does not increase the intensity of use of the property involved;

When a building permit is issued for an addition to a single-family residential property which does not increase the floor area of an existing structure by more than 40%;

When a building permit is issued for the purpose of the demolition of a structure;

When an Urban Lot Split application is approved in accordance with Section 9.62.055 of the Municipal Code.

No building permit shall be issued for the erection or use of any structure or part thereof, or for the use of any land which is not in accordance with the provisions of this Zoning Code and in conformity with the approved Development Permit or conditional use permit, where required by this Zoning Code. Any permit issued contrary to the provisions of this Zoning Code or not in conformity with the approved Development Permit or conditional use permit shall be void and of no effect.

(Ord. 1294, 1988; Ord. 1536, 1996; Ord. 2042 § 6, 2021; Ord. 2063 §§ 23, 24, 2022)

The following conditions shall apply to all buildings and uses, with the exceptions as indicated in subsection B of this section.

For Use of Buildings.

No building hereafter erected, moved, enlarged or altered shall be occupied, used, or changed in use until after a certificate of occupancy shall have been issued by the Department. Such certificate shall be applied for coincident with the application for a building permit and shall be issued only after such building, enlargement or alteration has been completed in conformity with the provisions of this Zoning Code and with an approved Development Permit and required conditions (when these apply), and when the proposed use conforms to the Zoning Code and required conditions (when these apply).

Any use legally occupying an existing building at the time this Zoning Code became effective may be continued but shall not be changed unless a certificate of occupancy for the new use shall have been issued by the department of planning and building after finding that such use conforms to this Zoning Code and required conditions (when these apply).

For Use of Land.

A certificate of occupancy shall be issued before any vacant land is hereafter used or before an existing use of land is changed; provided, such use is in conformity with the provisions of this Zoning Code and required conditions (when these apply). However, no certificate of occupancy shall be required where the land is to be used for tilling the soil and growing thereon farm, garden or orchard products.

Contents of Certificate.

The certificate of occupancy shall state that the building or proposed use of a building or land has been inspected for compliance with all laws and codes enforced by the city, including the provisions of this Zoning Code, and with an approved Development Permit and any conditions required by this Zoning Code relating to the proposed building or use.

Record.

A record of all certificates of occupancy shall be kept on file in the office of the department of planning and building and copies shall be furnished on request to any person having a proprietary or tenancy interest in the subject building, use or land.

(Ord. 1294, 1988; Ord. 1551, 1998; Ord. 1553, 1998; Ord. 2042 §§ 7, 8, 2021)

This section of the Zoning Code is intended to provide for the safe, orderly and aesthetically appealing development of hillside area.

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 10% or more.

Site Plan Approval.

Applications for hillside development shall be processed as follows:

Applications for new subdivisions shall be prepared and submitted pursuant to Section 94.04.01, Development Permit. Applications for individual single-family residential units within an existing hillside subdivision shall be prepared and submitted pursuant to Section 94.04.00, Architectural Review.

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.

The Planning Commission or Architectural Review Committee, as applicable, 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.

Applications for remodel or minor additions to hillside development shall be processed as follows:

Applications shall be prepared and submitted pursuant to Section 94.04.00, architectural review.

Minor remodels and/or additions to the exterior of a building, site plan, grading, landscape, exterior lighting or additions which do not exceed 500 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 or designee. Notice to adjacent properties may be required pursuant to Section 93.13.00(B)(1)(b) above.

Appeal of Director of Planning Services Decisions. The action of the director of planning services 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 services 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.

Applicant may submit preliminary plans, including accurate topographical maps and grading plans pursuant to Section 94.04.00, to the planning commission or Architectural Review Committee, as applicable, for approval before detailed engineering and architectural plans are prepared. Such plans shall deviate a maximum of one foot above or below final grade.

In approving final plans, the planning commission or Architectural Review Committee, as applicable, may require conditions which in their opinion are necessary to protect the public health, safety and general welfare, and may include the following:

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:

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,

Landscaping plans,

vi.

Continuity with surrounding development,

vii.

Sensitivity to existing view corridors;

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.

Density.

The density and lot dimensions of the zone in which the property is located shall apply.

The area of both public and private streets shall be excluded in calculating net area of the site.

Any area of the site having a degree of slope of 30% 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.

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.

Street Improvements.

Hillside Collector Streets (Streets Serving More Than Four Lots). Maximum grade is 20%: provided, all grades over 15% shall be improved with six inches of PCC pavement. Streets with grades in excess of 15% shall only be allowed for short distances.

Improvements.

Minimum right-of-way shall be 40 feet; however, all fill slopes must be contained within the right-of-way.

ii.

Curb to curb width shall be 36 feet. A 32 foot pavement width shall be allowed where lots exist along only one side.

iii.

Minimum radius shall be 100 feet.

iv.

Cul-de-sacs shall not exceed 500 feet in length. Minimum radius shall be 40 feet to property line.

For exceptions to required improvements in subsection (D)(1) of this section, see Exceptions, Section 93.13.00(l).

Minor Hillside Streets (Streets Serving Four Lots or Less). Maximum grade is 20%: provided, all grades over 15% shall be improved with six inches of PCC pavement.

Improvements.

Minimum right-of-way shall be 40 feet; however, all slopes must be contained within the right-of-way.

ii.

Curb to curb width shall be 32 feet. A 28 foot pavement width shall be allowed where lots exist along only one side.

iii.

Minimum radius shall be eight feet.

iv.

Cul-de-sacs shall not exceed 500 feet in length. Minimum radius shall be 40 feet to the property line.

For exceptions to required improvements in subsection (D)(2) of this section, see Exceptions, Section 93.13.00(l).

Curbs and gutters shall be six inch PCC in accordance with city standards. An eight inch curb shall be required when necessary to convey storm drainage.

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.

Sewerage Treatment.

All building sites must be connected to the city's sewer system, unless exempted by the city council.

Excavations.

The following requirement shall supplement (and supersede to the extent 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.

No excavation shall be permitted on any hillside prior to the approval of a Development Permit or Architectural Review application, as may be applicable, and a grading plan.

A grading plan shall be submitted as a part of the application for Development Permit or Architectural Review 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.

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.

Blasting, in conjunction with an approved excavation plan, shall require approval by the director of public works and the fire department.

Fire Protection.

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 or Architectural Review Committee, as applicable, where such easements are needed.

The fire department may recommend to the planning commission or Architectural Review Committee, as applicable, that fire-resistant building and landscape materials be used in hazardous areas.

Water mains and water systems shall be sized to provide sufficient water to meet the firefighting 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 or Architectural Review Committee, as applicable.

Exceptions.

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:

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;

That adequate sight distance (both horizontal and vertical) is provided;

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;

That adequate street parking and/or off-street parking is available and that such parking will not interfere with the required travel way;

Areas designated and approved for parking shall be improved to provide a dust-free condition and adequately compacted to allow for emergency vehicle parking;

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;

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.

(Ord. 1294, 1988; Ord. 1347, 1990; Ord. 1551, 1998; Ord. 1553, 1998; Ord. 1647, 2004; Ord. 2023 § 4, 2020; Ord. 2042 §§ 9, 10, 2021; Ord. 2063 §§ 25, 26, 2022)

Sections 93.16.00 through 93.16.09 constitute the zoning regulations for solar energy systems and solar energy facilities in the City.

(Ord. 2004 § 1, 2019)

Sections 93.16.00 through 93.16.09 may be referred to as the Solar Zoning Ordinance of the City of Palm Springs.

(Ord. 2004 § 1, 2019)

Recognizing that the Sustainability Plan has set a vision of Palm Springs as a high efficiency, renewable energy city, the City Council finds that it is in the public interest to reduce energy demand, encourage the use and development of solar energy systems as a clean, renewable energy source and to help promote local, renewable energy jobs. The purpose of this Solar Zoning Ordinance is to facilitate the effective and efficient use of solar energy systems by the residents, businesses and institutions of Palm Springs while protecting the public health, safety and welfare.

(Ord. 2004 §1, 2019)

"Solar access"

means space open to the sun and clear of overhangs or shade, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.

"Solar energy facilities"

means an alternative energy facility that consists of one or more ground-mounted or free-standing solar collection devices, solar energy related equipment (including storage) and other associated infrastructure with the primary intention of generating electricity or otherwise converting solar energy to a different form of energy for primarily commercial or other off-site use.

"Solar energy system"

shall have the meaning assigned to it in Section 8.100.020 of the Palm Springs Municipal Code.

(Ord. 2004 § 1, 2019)

Solar energy systems are permitted in all zoning districts, as an accessory use to a permitted principal use subject to the standards for accessory uses in the applicable zoning district and the specific criteria set forth in this Solar Zoning Ordinance. In the ESA-SP zone, a solar energy system that is structurally mounted to the roof of a single-family dwelling or multi-family residential building that is permitted under Section 92.21.1.01 shall be considered an accessory use under Subdivisions (A)(2) and (B)(6) of such section.

For purposes of determining compliance with building coverage standards of the applicable zoning district, the total horizontal projection area of all ground-mounted and free-standing solar collectors, including solar photovoltaic cells, panels, arrays, inverters, shall be considered pervious coverage only if pervious conditions are maintained underneath the solar photovoltaic cells, panels, and arrays.

Installation or replacement of solar energy systems that does not change the use or the basic exterior characteristics or appearance of a non-conforming building or structure is allowed.

Solar energy systems may generate energy in excess of the energy requirements of a property if the energy is to be credited under an applicable net energy metering program or used or stored onsite.

(Ord. 2004 § 1, 2019)

Roof-mounted solar energy systems shall be subject to the following requirements and allowances:

Roof-mounted solar energy systems may extend up to five feet above the roof surface on which they are installed, even if this exceeds the maximum height limit in the zoning district in which the structure is located.

Roof-mounted solar energy systems shall be designed and located in a manner that minimizes their visibility from public streets without decreasing the energy performance of the system by more than 10% as compared with a more visible location. All solar energy systems on single-family dwellings not conforming to the roof profile are subject to the approval of the Director.

Ground-mounted solar energy systems shall be subject to the following requirements and allowances:

All ground-mounted solar energy systems for single-family dwellings are subject to the approval of the Director.

All other ground-mounted solar energy systems shall be designed and located in a manner that minimizes their visibility from public streets without decreasing the energy performance of the system by more than 10% as compared with a more visible location.

The setback of ground-mounted solar energy systems accessory to a multi-family dwelling principal use or accessory to a principal use in non-residential zoning districts is subject to the following additional standards:

Solar collectors are allowed to be located up to 1/2 of the setback that would otherwise apply from the front, side or rear property line.

Accessory equipment also may be installed within the required side and rear setback but shall not be closer than two feet to any property line.

The review and determination of visibility from public streets shall be made by the Director. The review and determination of performance of solar collectors shall be made by the City Manager or designee.

Solar energy systems in the ESA-SP zoning district shall comply with the design standards set out in Section 92.21.1.05.

(Ord. 2004 § 1, 2019)

As stated in Subdivision (D)(9)(a) of Section 92.17.1.01, Subdivision (D)(7)(a) of Section 92.17.2.01, Subdivisions (B)(1)(b)(i) and (B)(2)(a)(i) of Section 92.20.01 and Subdivision (D)(2)(a) of Section 92.21.01, solar energy facilities may be permitted in the zoning districts referred to in such sections, subject to approval of a conditional use permit, as provided in Section 94.02.00.

(Ord. 2004 § 1, 2019)

A structure, fence, or wall shall not be constructed or modified in a residential zoning district so as to obstruct the solar access of a solar energy system on a neighboring parcel to a degree that significantly decreases (as such term is defined in Subdivision (B)(2)(a) of Section 93.16.05) the energy performance of the system. The Planning Commission may modify this requirement if it finds that strict compliance would unduly limit property development, or unduly interfere with the development potential as envisioned for the area in the General Plan or Zoning Code. Vegetation is encouraged to be sited to reduce solar gain while not obstructing solar access insofar as practical.

(Ord. 2004 § 1, 2019)

Dwelling units in subdivisions of five or more lots are encouraged to be sited to reduce solar gain as well as to take advantage of solar access and provide maximum exposure of roof area to the sun insofar as practical, including their orientation with respect to sun angles.

(Ord. 2004 § 1, 2019)

Building, construction and permitting of solar energy systems and solar energy facilities shall be subject to the provisions of Title 8 of the Palm Springs Municipal Code including Chapters 8.04, 8.05 and 8.100 thereof, as applicable.

(Ord. 2004 § 1, 2019)

The economic welfare, residential attractiveness and community character of Palm Springs are attributable to its unique aesthetic features and setting. The city finds that proper maintenance of properties is necessary to protect the welfare, attractiveness and character of the community. A standard of maintenance guards against unsafe and unhealthful conditions which can cause neighborhood deterioration. To insure a proper standard of maintenance, all properties in the city, including all areas between the extensions of side property lines to the centerline of adjacent streets, shall be subject to the following provisions:

All properties, including vacant properties, shall be kept free of trash, building materials or the storage of other goods which are visible from the street or adjacent properties. Properties shall also be kept free of excessive vegetative undergrowth.

Buildings, including accessory structures, trellises, awnings and other similar features, shall be maintained in a condition free of the following abuses including, but not limited to: loose roofing and siding materials, unconcealed roof equipment, peeling paint or faded stain, broken or cracked windows, any unsafe structural element or other items which would degrade the appearance and/or safety of the structure.

Site improvements shall be maintained in a condition to guarantee safety and quality appearance and shall include but not be limited to: parking and walking areas free of weeds and excessive sand and dirt, visible parking lot striping, paving material (including walkways) which provide a smooth, unbroken surface, unbroken curbs and gutters, litter-free trash and loading areas, walls and fences in a sturdy condition and free of graffiti or the like, fountains or other water uses which are free of potential health dangers, lighting, signs, bicycle racks, internal traffic control items such as speed bumps, and drainage control items which are maintained in safe repair.

Landscaping improvements shall be maintained in a healthy condition and complementary to neighboring buildings and properties. Such maintenance shall include, but not be limited to: lawns which are watered and trimmed to a uniform height, flowers and ground covers which are healthy and uniform in their appearance, and shrubs and trees which are trimmed and pruned to retain their health and adequate clearance over pedestrian and vehicular areas. Landscaping incorporating bare earth or gravel shall be kept free of weed growth. Plant materials designated on a landscape plan shall be retained in their natural shape unless otherwise denoted on the approved plan.

Irrigation systems shall provide adequate irrigation to all plant materials to allow normal growth, retain water within planted areas and be maintained in an operative condition.

Any other provisions established by the planning commission to insure proper maintenance of properties including maintenance standards established through Development Permit, Conditional Use Permit, or Planned Development District reviews.

Motor vehicles including automobiles and trucks are to be parked in areas constructed for motor vehicles and shall not be parked or stored in other portions of the front or side yard, particularly not on what is commonly referred to as the front lawn.

(Ord. 1294, 1988; Ord. 1590 § 17, 2000; Ord. 2042 § 11, 2021)

Sections 93.20.01 through 93.20.11 contain the regulations for signs in the City.

(Ord. 1294, 1988; editorially amended during codification; Ord. 1941 § 1, 2017)

Sections 93.20.00 through 93.20.11 may be referred to as the Sign Ordinance of the City of Palm Springs.

(Ord. 1294, 1988; editorially amended during codification; Ord. 1941 § 1, 2017)

Recognizing that Palm Springs is one of the country's foremost desert resorts, the City Council finds that proper sign control is necessary to maintain the high aesthetic values which both residents and visitors to the city have come to expect. Signs shall complement the architecture of the building on which they are placed and/or the immediate surroundings, including such elements as size, color, location, graphic presentation, landscaping, lighting and construction material. The Sign Ordinance provides equitable standards for all businesses to identify the location of goods and services. Main identification sign(s) shall be allowed in conjunction with accessory/convenience signs as necessary.

Therefore, the purpose of this Sign Ordinance is to provide standards to safeguard life, health, property and the public welfare and to provide the means for adequate identification of businesses and other sign users by regulating and controlling the design, size, color, illumination, movement, materials, height, condition, location and maintenance of all signs placed on private property thereby ensuring the protection of property values, the character of the City's neighborhoods, the creation of a convenient, attractive, and harmonious community, while encouraging economic development and activities in the City. The Sign Ordinance through the regulation of the use of on-premises and off-premise signs, whether temporary or permanent in nature, also promotes the public health, safety, and general welfare of persons living, working, walking, driving, or otherwise engaged in activities within the City. The Sign Ordinance is intended to provide adequate visual identification of activities through commercial and non-commercial speech display while regulating the design, quality of materials, location, number, size, and maintenance of all signs and sign structures.

It is the intent of the City Council that the Sign Ordinance will balance the needs of the City's residents, businesses, institutions, and visitors for adequate identification, communication, and advertising with the objectives of protecting public safety and welfare and preserving and enhancing the aesthetic character and environmental values of the community, by (1) Encouraging communications that aid orientation and promote economic vitality while preventing visual clutter that will detract from the aesthetic character of the City; (2) Applying basic principles of good design and sensitivity to community appearance to signage to avoid the creation of nuisances and privacy violations that will degrade the value of surrounding properties; (3) Enhancing safety by ensuring that signs are designed, constructed, installed, and maintained in compliance with minimum standards necessary to provide adequate visibility and to avoid the creation of hazards or unreasonable distractions for pedestrians or drivers; and (4) Ensuring that the constitutionally-guaranteed right of free speech is protected.

In adopting the Sign Ordinance, including its concomitant regulation of signs on public property and rights-of-way, the City Council acts in its proprietary capacity consistent with the City's general powers, property rights, Sections 65850(b), 38774, and 38775 of the Government Code, Section 5200 et seq. of the Business and Professions Code, Section 556 et seq. of the Penal Code, and Section 200 of the City Charter.

(Ord. 1294, 1988; Ord. 1941 § 1, 2017)

The following definitions shall apply to Sections 93.20.00 through 93.20.11 unless another meaning is clearly apparent from the context.

"Abandoned sign"

means a sign which no longer directs, advertises, or identifies a legal business establishment, product or activity on the premises where such sign is displayed.

"Abatement"

means elimination and removal of any sign in violation of the Palm Springs Sign Ordinance.

"Affixed"

means to be attached in any manner, including, but not limited to, adhesive substances or suction, or to be touching in any way, especially leaning against.

"Amortization"

means the gradual extinction of nonconforming signs.

"Animated sign"

means any sign with action or motion, color changes requiring electrical energy, electronic or manufactured sources of supply which the copy changes automatically or on which copy is changed manually (e.g., reader boards with changeable letters).

"Arcade/blade sign"

means a sign with text or graphics printed on both sides of a solid surface attached perpendicular to the normal flow of traffic.

"Awning sign"

means a graphic image that is painted on, or attached to, an awning, canopy, or marque.

"Banner"

means a sign composed of lightweight material either enclosed or not enclosed in a rigid frame.

"Banner sign"

means a strip of cloth or other flexible material approved by the City Manager on which a sign or message is painted calling attention to the City, its natural advantages, resources, enterprises, attractions, climate, facilities, businesses, and community.

"Building frontage"

means the linear length of a building along frontage.

"Cabinet sign"

or "can sign" means a sign that contains all the text and/or logo symbols on the display face within an enclosed cabinet.

"Canopy"

means a permanent roof-like shelter extending from part or all of a building face and constructed of some durable material which may or may not project over a public right-of-way.

"City Manager"

means the City Manager or his/her designee.

"Code enforcement official"

means the City Manager or the City Manager's designee including without limitation the Building Official, the Police Chief, the Fire Marshall.

"Directional sign, sign district"

means one or more signs located within a Sign District primarily providing direction to guide vehicles and pedestrians to such Sign District and businesses therein and can include signs identifying parking areas, circulation patterns, and names of businesses.

"Directory sign"

means a sign identifying and locating residential, business or industrial uses within a building, subdivision, planned development, center or complex.

"Directory sign, pedestrian"

means a pedestrian oriented sign that provides an organized list of names, people, offices, or facilities located within a given building or area, located at a public access point to the building, including a lobby.

"Downtown"

means that portion of the City within the boundaries of Alejo Road on the north, Ramon Road on the south, Belardo Road/Museum Drive on the west and Indian Canyon Drive on the east. This area includes both sides of Palm Canyon Drive, Amado Road, Andreas Road, Tahquitz Canyon Way, Arenas Road and Baristo Road within such boundaries.

"Fascia panel/plaque sign"

means a sign mounted to a wall or other vertical surface and does not project from the wall.

"Freestanding"

or "monument sign" means any sign which is not attached to a building or fence, or a wall attached to a building.

"Frontage"

means the boundary-facing portion of a parcel of property that abuts a public street, highway, or approved private street. In the case of any parcel that does not have "frontage" in accordance with this definition, the portion of the parcel in question facing a parking lot, plaza or pedestrian mall, shall be deemed "frontage."

"Government sign"

means any sign posted, erected, or installed by the City, the County of Riverside, the State of California, or any other government agency or public utility in the exercise of its responsibilities or in furtherance of governmental speech. Government signs in the City shall include neighborhood blade signs posted on the top of street sign standards.

"Height of sign"

means the distance measured from the adjacent finished grade to the highest projection of the sign structure, including architectural design features.

"Main sign"

means the largest single permitted sign on a property.

"Multi-tenanted building"

means a building containing more than one individual business within a shopping, professional, or industrial area.

"Mural"

means a painting or artwork temporarily or permanently affixed to a building wall, freestanding wall, or fence, distinguished from signage in that it does not advertise a business, commercial endeavor, or product sold or offered on the site or off-site.

"Neighborhood entry sign"

means a sign located on private property that identifies a defined single-family neighborhood or subdivision.

"Nonconforming sign"

means a sign lawfully erected but which does not conform to the current provisions of the Sign Ordinance or approved Sign Program.

"Off-site,"

"billboard," and "off-premises signs, billboards and posters" means any sign which advertises goods, products, services, or facilities not necessarily sold on the premises on which the sign is located or displays advertising not related to the use of the property upon which the sign exists.

"Portable sign"

means any small, portable, free-standing sign placed in front of a business establishment anywhere in the City.

"Right-of-way"

means the entire area that is less than five feet away from any curb, or from any roadway surface without a curb in a location where there is no sidewalk, or the area between the interior edge of any sidewalk, i.e., the sidewalk edge furthest from the street, and the curb or roadway surface.

"Service sign"

means any assemblage of verbiage designed to advertise currently available services or products offered by a business. The term "Service Sign" also includes menu boards and variable message signs.

"Sign"

means any identification, description, illustration or device illuminated or non-illuminated, which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, place, activity, person, institution, business or solicitation with the exception of window display. Any emblem, painting, banner, pennant, placard, lighting or other item, designed to advertise, identify or convey information shall be considered a sign. National flags or flags of political subdivisions shall not be construed as signs. Unless otherwise stated, an interior unlit sign or graphic, other than sale sign, with letters or numbers less than two inches high per foot of distance from the glass at the frontage line shall be exempt from provisions of the Sign Ordinance. Unless otherwise stated, the ordinance codified in this section does not apply to signs located further than three feet from the street front glass.

This definition shall not include official notices issued by any court or public body or officer or directional warning or information sign or structures required by or authorized by law or by federal, state, county or city authority. Nor shall it apply to an interior unlit sign or graphic, other than a sale sign, with letters or numbers less than two inches high per foot of distance from the street front glass nor to signs located further than three feet from the street front glass.

This definition shall not include murals as reviewed and approved by the City Council pursuant to Chapter 5.81 of this Code.

"Sign area"

means the entire area within any type of perimeter or border, which encloses the outer limits of any writing, representation, emblem, figure or character. The area of a sign having no such perimeter or border shall be computed by enclosing the entire area utilized by any writing, representation, emblem, figure or character within a single continuous rectilinear perimeter of the smallest size and computing the area.

"Sign district"

means a defined commercial and/or business area of the City consisting of two or more legal lots of record where signs are subject to an approved Sign Program.

"Sign ordinance"

means the "Sign Ordinance of the City of Palm Springs."

"Sign program"

means design criteria established to guide the design and location of all signs on a building or within a complex or a Sign District; Sign Programs can, but need not mandate specific elements such as material, color, size, location, lighting, and uniformity.

"Special event"

is any single event or series of events that occur on an infrequent or sporadic basis, and takes place at a specific location in which the public is encouraged or invited to watch, listen, participate, or purchase goods and/or services, including, but not limited to, the following:

Commercial sales, including pre-and post-holiday sales;

Arts and crafts shows, trade shows, antique shows, and other similar events;

Carnivals, fairs, circuses, and similar activities;

Outdoor shows, concerts, and exhibitions;

Annual events; and

Short term availability of an interest in real or personal property (e.g., a garage sale, space available for lease, etc.

"Temporary sign"

is any sign, handbill, or poster which is placed to advertise or announce a special event, or which pertains to a particular event or occurrence, or which is not permanently anchored or secured to a building and not having supports or braces permanently secured in the ground, including but not limited to "political signs," "election signs," and "real estate signs." The term "temporary signs" does not include any government sign.

"Uptown"

means that portion of the City within the boundaries of Alejo Road on the south, Vista Chino on the north, the west side of Palm Canyon Drive on the west, and Indian Canyon Drive on the east.

"Variable message sign"

means a sign on which the copy can be changed, either manually or electronically.

"Wall sign"

means a sign painted on a wall. The term "wall sign" also means a flat sign placed on or attached to a wall of a building, synonymous with the term "fascia panel/plaque sign."

"Window sign"

means a sign with text or graphics printed or etched into a window of a structure. "Window sign" also means a sign displayed in the interior of a structure that is clearly visible through an exterior window.

(Ord. 1294, 1988; Ord. 1538, 1996; Ord. 1590 § 18, 2000; Ord. 1744 § 1, 2008; Ord. 1751 § 1, 2008; Ord. 1853 §§ 1—3, 2014; Ord. 1941 § 1, 2017; Ord. 1956 § 2, 2018)

Any sign not specifically authorized by the Sign Ordinance shall be prohibited unless required by law or utilized by a proper governmental agency.

The following signs are expressly prohibited:

Rotating, Moving, Flashing, Reflecting, Prismatic, or Blinking Signs.

Animated Signs, including without limitation signs which rotate, move flash, reflect, blink or appear to do any of the foregoing shall be prohibited. This includes, but is not limited to signs twisted or twirled by individuals, flags, banners, pennants, inflatable objects and balloons, unless otherwise authorized in Section 93.20.08 or approved as a permanent architectural feature pursuant to Section 94.04.00 (Architectural review), or Section 93.20.10 (Signs—General Provisions).

Signs on Public Property or Rights-of-Way.

Signs on public property or rights-of-way shall be prohibited unless (1) otherwise expressly authorized in this Sign Ordinance, (2) provided through an approved sign program applicable to a Sign District adopted by the City Council, or (3) approved through a portable sign or other content neutral sign permit, encroachment license or City approval. Any portable sign approved or permitted pursuant to this Code shall be located in a manner fully compliant with all standards and regulations regarding access for persons with disabilities.

Off-Premises Signs, Billboards, and Posters.

Any sign which advertises a use not being made on the premises, the name of the owner or user, or which identifies a product, an interest, service, or entertainment not available on the premises shall be prohibited unless otherwise authorized in conjunction with a public transportation facility;

Businesses without Street Frontage.

Except as otherwise regulated, signs other than those authorized on the multiple tenant identification sign or an approved Sign Program shall be prohibited for any business without street frontage;

Signs Affixed to Windows or Doors.

Any sign, merchandise or graphic, otherwise affixed to windows or doors, interior or exterior, other than those permitted by the Sign Ordinance shall be prohibited – the sole exception to this prohibition shall be a temporary sign permitted in a residential zone;

Signs Facing Private Property.

Signs which do not face a public or private right-of-way, or plaza, promenade or arcade, or public or private parking area (parking associated with the same premises) shall be prohibited;

Imitation of Traffic Signal.

No person shall place, maintain, or display in view of any street or highway, any sign, signal, or device, which resembles an official traffic sign or signal. Visual obstruction of any official traffic sign or signal is prohibited;

Signs in residential zones identifying home occupations;

Signs displaying fighting words, obscene matter, or create a clear and present danger to the general public;

10.

Signs employing exposed raceways, ballast boxes, transformers, crossovers or conduits, unless otherwise approved by the Director or the Planning Commission;

11.

Signs attached, affixed to or from the interior of any merchandise or products displayed outside of permanent buildings.

12.

Cabinet signs;

13.

Bench Signs

All forms of bench signs or bus stop advertising are prohibited in all zones except where State law expressly grants to a public transportation agency rights to such signage.

14.

Vehicle signs attached to or painted on motor vehicles that are parked on or adjacent to property for more than 24 consecutive hours, the principal purpose of which is to attract attention to a product sold or business located on the property.

(Ord. 1294, 1988; Ord. 1538, 1996; Ord. 1637 § 1, 2003; Ord. 1941 § 1, 2017; Ord. 1956 § 3, 2018; Ord. 2041 § 30, 2021; Ord. 2063 § 27, 2022)

Permitted signs—Main Sign. Each separate business shall be allowed one Main Sign as follows:

Main Sign	Commercial and Industrial Districts
Maximum Number	1 Main Sign per frontage.
Permitted Sign Types	Wall Sign, Monument Sign, Freestanding Sign, Awning Sign, Arcade/Blade Sign, Window Sign.
Maximum Area	• Within 100′ of R.O.W.: 1 square foot per lineal foot of frontage not to exceed 50 square feet.
	• More than 100' from R.O.W.: 1-1/2 square feet per lineal foot of frontage.
	• Over 50 feet of lineal frontage: A single business with over 50 feet of frontage shall be entitled to an additional 1 square feet of sign area for each 4 feet of frontage in excess of 50 lineal feet, and an additional 1 square feet of sign area for each 8 feet of frontage in excess of 100 lineal feet.
	• Buildings within 1000 feet of Interstate 10 R.O.W.: 1-1/2 square feet per lineal foot of frontage facing Interstate 10, not to exceed 150 square feet.
	• Monument Signs or Freestanding Signs located at a right angle to the R.O.W.: Each face shall be allowed 75% of the area otherwise permitted for the Main Sign.
	• Businesses not on the ground floor: Businesses located wholly above the ground floor and facing a R.O.W. shall be entitled to 50% of the sign area permitted for businesses on the ground floor of the building.
Sign Separation	No Main Sign shall be closer than 10 feet from any other sign permitted hereunder; for signage facing Interstate 10, no sign shall be closer than 25 feet from any other sign permitted hereunder.
Maximum Height	• Height – Wall Signs, Awning Signs, Arcade/Blade Signs. The top of any sign shall not be higher than the building on which it is located, and in no event shall the sign be higher than 28 feet.
Maximum Height	• Height – Freestanding Signs, Monument Signs. The maximum height shall be 8 feet, unless otherwise permitted by Subsection 93.20.08(E).
Additional Standards	• Signage shall be located adjacent to or on the building facing the frontage line.
Additional Standards	• All sign area allowed under this section shall be allowed on each street frontage of a multiple frontage parcel, provided that the same use of the property extends through from street to street. Consolidation of sign areas permitted on each frontage to one sign is prohibited.
Illumination Permitted	Internal, external
Permit Required	Yes

Permitted signs—Secondary Signs. Each separate business shall be allowed Accessory and Convenience Signs as detailed below, in addition to a Main Sign:

1. Accessory Sign	Commercial and Industrial Districts
Maximum Number	1 sign shall be permitted where the Main Sign is not visible to pedestrian traffic.
Permitted Sign Types	Arcade/Blade Sign, Awning Sign, Window Sign.
Maximum Area	6 square feet; 4 square feet per sign face if located at a right angle to the street.
Maximum Height	The top of the sign shall not be higher than the building on which it is located, and shall be located a minimum of 7 feet above any pedestrian walkway.
Additional Standards	• The sign may be divided on either side of a fascia or architectural element.
Additional Standards	• The sign shall be designed and located so as to not distract from the appearance of the building.
Illumination Permitted	No illumination permitted.
Permit Required	Yes
2. Customer Convenience Signs
2(a). Open/Closed Signs
Maximum Number	1 sign per frontage.
Permitted Sign Type	Window Sign.
Maximum Area	1-1/2 square feet.
Location	Sign shall be located on the interior of a window or door on the building frontage.
Illumination Permitted	Internal Illumination only.
Permit Required	No
2(b). Service Signs
Maximum Number	1 sign per business.
Permitted Sign Type	Wall Sign, Window Sign
Maximum Area	6 square feet
Location	Sign may be located on the interior of a window or on a wall adjacent to the front entrance of the business.
Illumination Permitted	No illumination permitted.
Permit Required	No
2(c). Hours/Days
Maximum Number	1 sign per business.
Permitted Sign Type	Window Sign.
Maximum Area	Maximum 2″ letter/number height per line.
Location	Sign shall be located on the interior of a window or door on the building frontage.
Illumination Permitted	No illumination permitted.
Permit Required	No
2(d). Credit Card Decals
Maximum Area	All credit card or other service decals shall be displayed in a contiguous 1 square foot area.
Permitted Sign Type	Window Sign.
Location	Credit card and other service decals shall be located on the interior of a window or door on the building frontage.
Permit Required	No
2(e). Listing of Business Associates and/or Sub-lessees
Maximum Number	1 sign per entrance.
Permitted Sign Type	Window Sign.
Maximum Area	All text shall be displayed in a contiguous 3 square foot area.
Location	Sign shall be located on the interior of a window or door on the building frontage.
Illumination Permitted	No illumination permitted.
Permit Required	No
3. Pedestrian Sign Directory
Maximum Number	1 per multi-tenant building
Maximum Area	6 square feet per side; the sign for individual tenants shall be limited to no more than 2 square feet per side.
Location	Sign directory may be attached to a building wall, or may be a monument sign.
Illumination Permitted	Internal, External
Permit Required	Yes

Portable Signs. One sign shall be allowed for each tenant space with frontage along a public street. Multiple businesses within a single tenant space shall be limited to one portable sign overall. The portable sign shall be subject to the following requirements:

1. Portable Sign	Commercial and Industrial Districts
Maximum Number	One. Businesses with frontage on 2 public rights-of-way may have 1 portable sign for each frontage, subject to the location requirements described as follows.
Location	A portable sign may only be placed between a public entry into the tenant space and the nearest fronting street or parking drive aisle. The portable sign may be placed in the sidewalk public right-of-way, as close to the building incorporating the tenant space as possible. Further, in no case may any portable sign impede pedestrian traffic. A 72 inch wide clear paved pathway for ADA access must be maintained at all times. A portable sign shall not be placed on the parking curb, gutter or street. The placement of a portable sign on a public sidewalk pursuant to this Subsection is not a right, and shall only be allowed in the event that the City issues a permit, granted upon an applicant's compliance with the minimum requirements as provided in this Subsection C. As an alternative to placing the sign as close to the building incorporating the tenant space as possible, portable signs may be placed elsewhere in the public sidewalk area subject to the approval of an encroachment agreement, provided the sign is no less than 3 feet from any street or parking curb and a 72 inch wide clear paved pathway for ADA access is maintained at all times.
Dimensions	A portable sign shall not exceed 42 inches in height and 32 inches in width. The sign may be two sided.
Design Standards	• Guidelines: The sign shall comply with administrative design guidelines adopted by the Director of Planning Services. The City shall maintain the guidelines as a public record.
Design Standards	• Attachments: No lighting, balloons, or other attachments are allowed.
Insurance and Indemnity	A permit for a portable sign shall only be issued upon the applicant's submission of proof of commercial general liability insurance applicable to the portable sign, located in compliance with this Subsection C, with limitations of liability satisfactory to the City Attorney, and applicant's execution of an indemnification of the City with respect to any and all claims arising from or related to the portable sign.
Illumination Permitted	No illumination permitted.
Permit Required	Yes – Encroachment Agreement also required for signs located in public rightsof-way.

The Director shall prepare and implement administrative rules, regulations, and guidelines consistent with, and in furtherance of, the provisions of this Subsection.

(Ord. 1294, 1988; Ord. 1333, 1989; Ord. 1418, 1992; Ord. 1442, 1993; Ord. 1538, 1996; Ord. 1590 §§ 19, 20, 2000; Ord. 1670 § 1, 2005; Ord. 1941 § 1, 2017; Ord. 1956 §§ 4, 5, 2018; Ord. 2031 § 49, 2020)

Permitted signs – Main Sign. Each separate business shall be allowed one Main Sign as follows:

Main Sign	Downtown/Uptown
Maximum Number	1 Main Sign per frontage.
Permitted Sign Types	Projecting Sign (Arcade/Blade Sign or Awning Sign) or Flush-Mounted Sign (Window Sign, Individual Letters, Exposed Neon, or Fascia Panel/Plaque Sign).
Maximum Area	• Arcade/Blade Sign: 16 square feet/cubic feet. The sign shall not exceed 4 feet in any one direction. One blade/arcade sign may be located at each customer entrance; each sign must be identical and the combination of such signs shall be deemed as one sign. The brackets or suspension structure shall not be included in the calculation of sign area/volume.
	• Awning Sign: The sign area shall not exceed 20% of the total awning area with a maximum area equal to 1 square foot per linear foot of awning width. Letters shall be a maximum of 14 inches high and located on the front face or any valance element of the awning. A logo may be incorporated into the sign with additional sign area allowed, provided the total sign does not exceed 30% of the total awning area with a maximum of 1-1/2 square feet per linear foot of awning width.
	• Exposed Neon: Sign shall not exceed a maximum of one square foot per linear foot of building frontage, with a maximum area of 50 square feet. Exposed neon signs shall only be used in conjunction with food and entertainment uses.
	• Fascia Panel/Plaque Sign: The length of the fascia panel/plaque sign shall be limited to a maximum of 2/3 the width of the storefront, and the sign area shall be limited to a maximum of one square foot per lineal foot of building frontage, not to exceed a maximum of 50 square feet. The height of individual letters shall not exceed 14 inches, with the first letter capitals allowed at 16 inches.
	• Individual Letters: The height of individual letters shall not exceed 14 inches, with the first letter capitals allowed at 16 inches. The length of signs using individual letters shall not exceed 2/3 of the overall length of the storefront.
	• Window Sign: 40% of the total glazed area or 15 square feet, whichever is smaller. Each glazed area on either side of a customer entrance may contain an identical sign; the combination of such signs shall be deemed as one sign. Letters shall not exceed a maximum of 10 inches in height. Signs on glazing shall be limited to the first floor of the building.
Maximum Height	Except as otherwise regulated, the top of any sign shall not be higher than the building on which it is located, and in no event higher than 28 feet, as measured from finished grade. The lowest point of any blade/arcade sign shall be a minimum of 7 feet above any pedestrian walkway.
Illumination Permitted	Internal, external
Permit Required	Yes

Permitted signs—Accessory Signs. In addition to one Main Sign, each separate business may select one type of accessory signage from the sign types listed in the following table:

Accessory Signs	Downtown/Uptown
Maximum Number	1 Accessory Sign per business.
Permitted Sign Types	Projecting Sign (Blade Sign/Arcade Sign or Awning/Umbrella Sign) or Flush-Mounted Sign (Sign on Glazing, Individual Letters, Exposed Neon, or Fascia Panel/Plaque Sign).
Maximum Area	• Blade Sign/Arcade Sign: 9 square feet/cubic feet. The sign shall not exceed 3 feet in any one direction. One blade/arcade sign may be located at each customer entrance where this type of sign is not also located as a Main Sign; each sign must be identical and the combination of such signs shall be deemed as one sign. The brackets or suspension structure shall not be included in the calculation of sign area/volume.
	• Awning/Umbrella Sign: The sign area shall not exceed 4 square feet. Letters shall be a maximum of 4 inches high, and shall be located on a vertical face or valance element of the awning or umbrella. A logo may be incorporated into the sign, provided the total sign area does not exceed 6 square feet. Each awning or umbrella that is separated by a distance of at least 8 inches may contain an identical sign; the combination of such signs shall be deemed as one sign for the purposed of this section. Signs on umbrellas may contain only the name and logo of the business to which they relate.
	• Individual Letters: Signs shall not exceed a maximum area of 6 square feet. Individual letters shall not exceed 12 inches in height. Such signs shall be limited to the first floor of buildings.
	• Fascia Panel Sign: Signs shall not exceed a maximum area of 6 square feet. The height of the fascia panel shall not exceed 16 inches; letters shall not be closer than 1-1/2 inches from the edge of the fascia panel. Individual letters shall not exceed 1 inch in depth from the face of the surface upon which they are mounted.
	• Window Sign: An Accessory Sign is permitted on glazed areas which do not also contain a Main Sign. The total sign area shall be no greater than 6 square feet. Each glazed area on either side of a customer entrance may contain an identical sign; the combination of such signs shall be deemed as 1 sign. Letters shall not exceed a maximum of 10 inches in height. Signs on glazing shall be limited to the first floor of the building.
Maximum Height	Except as otherwise regulated, the top of any sign shall not be higher than the building on which it is located, and in no event higher than 28 feet, as measured from finished grade. The lowest point of any blade/arcade sign shall be a minimum of 7 feet above any pedestrian walkway.
Illumination Permitted	Internal/External
Permit Required	Yes

Permitted signs—Convenience Signs. Each individual business shall be permitted the following signs on the entry door, on the building adjacent to the entry door, or inside the glass window nearest to the entry.

Customer Convenience Signs	Downtown/Uptown
1. Open/Closed Signs
Maximum Number	1 sign per street entrance.
Maximum Area	1-1/2 square feet
Location	Sign shall be located on the interior of a window or door on the building frontage.
Illumination Permitted	Internal Illumination only.
Permit Required	No
2. Service Signs
Maximum Number	1 sign per business.
Maximum Area	6 square feet
Location	Sign may be located on the interior of a window or on a wall adjacent to the front entrance of the business.
Illumination Permitted	No illumination permitted.
Permit Required	No
3. Hours/Days
Maximum Number	1 sign per business.
Maximum Area	Maximum 2" letter/number height per line.
Location	Sign shall be located on the interior of a window or door on the building frontage.
Illumination Permitted	No illumination permitted.
Permit Required	No
4. Credit Card Decals
Maximum Area	All credit card or other service decals shall be displayed in a contiguous 1 square foot area.
Location	Credit card and other service decals shall be located on the interior of a window or door on the building frontage.
Illumination Permitted	No illumination permitted.
Permit Required	No
5. Pedestrian Directory
Maximum Number	1 per building where the principal sign for a business on a parcel fronting on Palm Canyon Drive is not visible from Palm Canyon Drive.
Permitted Sign Types	Flush-Mounted Sign, Freestanding Sign, Portable Sign
Maximum Area	The directory sign shall not exceed 6 square feet per face.
Location	Flush-Mounted Signs shall be permanently mounted to the building. Freestanding Signs shall be located on private property and shall not impede pedestrian movement. Portable Signs may be located on private property or in the public right-of-way (subject to the approval of an Encroachment Agreement), provided the sign is no less than 3 feet from any street or parking curb and a 72 inch wide clear paved pathway for ADA access is maintained at all times.
Illumination Permitted	Flush-Mounted Sign, Freestanding Sign – Internal/External; Portable Sign – no illumination permitted.
Permit Required	Yes – Encroachment Agreement also required for Portable Signs located in public rights-of-way.

1. Portable Sign	Downtown/Uptown
Maximum Number	One. Businesses with frontage on 2 public rights-of-way may have 1 portable sign for each frontage, subject to the location requirements described as follows.
Location	A portable sign may only be placed between a public entry into the tenant space and the nearest fronting street or parking drive aisle. The portable sign may be placed in the sidewalk public right-of-way, as close to the building incorporating the tenant space as possible. Further, in no case may any portable sign impede pedestrian traffic. A 72 inch wide clear paved pathway for ADA access must be maintained at all times. A portable sign shall not be placed on the parking curb, gutter or street. The placement of a portable sign on a public sidewalk pursuant to this Subsection is not a right, and shall only be allowed in the event that the City issues a permit, granted upon an applicant's compliance with the minimum requirements as provided in this Subsection D. As an alternative to placing the sign as close to the building incorporating the tenant space as possible, portable signs may be placed elsewhere in the public sidewalk area subject to the approval of an encroachment agreement, provided the sign is no less than 3 feet from any street or parking curb and a 72 inch wide clear paved pathway for ADA access is maintained at all times.
Dimensions	A portable sign shall not exceed 42 inches in height and 32 inches in width. The sign may be 2 sided.
Design Standards	• Guidelines: The sign shall comply with administrative design guidelines adopted by the Director of Planning Services. The City shall maintain the guidelines as a public record.
Design Standards	• Attachments: No lighting, balloons, or other attachments are allowed.
Insurance and Indemnity	A permit for a portable sign shall only be issued upon the applicant's submission of proof of commercial general liability insurance applicable to the portable sign, located in compliance with this Subsection D, with limitations of liability satisfactory to the City Attorney, and applicant's execution of an indemnification of the City with respect to any and all claims arising from or related to the portable sign.
Illumination Permitted	No illumination permitted.
Permit Required	Yes – Encroachment Agreement also required for signs located in public rights-of-way.

The Director shall prepare and implement administrative rules, regulations, and guidelines consistent with, and in furtherance of, the provisions of this Subsection.

Design Standards. Signage in the Downtown/Uptown area shall be subject to the specific design standards listed below, in addition to any other design standards listed in this chapter:

Arcade/Blade Signs. Acceptable materials include painted, polished and patina metal; painted and stained wood; glass; and inlaid stone. The bracket design shall be integrally planned and detailed and shall be highly ornamental.

Awning Signs. Letters or logos shall be sewn or silkscreened onto the awning in an approved contrasting color.

Exposed Neon Signs. Exposed neon signs shall be subject to the design standards listed in Subsection 93.20.10(C)(6).

Fascia Panel/Plaque Sign. Acceptable materials include cast stone, metal and wood panels with individual wood letters, neon and custom ceramic tile. Letters shall not be closer than 6 inches from the edge of the fascia panel/plaque.

Individual Letters. Individual letters shall not extend more than six inches from the face of the building; all conduit and electrical service shall be concealed from view. Acceptable materials include metal, neon, plastic, and custom ceramic.

(Ord. 1294, 1998; Ord. 1538, 1996; Ord. 1637 § 2, 2003; Ord. 1861 § 1, 2014; Ord. 1893 § 5, 2016; Ord. 1912 § 5, 2017; Ord. 1941 § 1, 2017; Ord. 1956 §§6—10, 2018; Ord. 2020 § 48, 2020; Ord. 2031 § 50, 2020)

Permitted signs – Main Sign. A Main Sign may be permitted for the following uses as listed in the following table:

1. Main Sign – Apartments, Hotels, Condominium Complexes and Residential Mobile Home Parks
Maximum Number	1 Main Sign; 1 additional sign may be permitted if the street frontage and sign separation is greater than 170 feet. Only 1 Freestanding Sign may be permitted on a corner parcel.
Permitted Sign Types	Wall Sign, Monument Sign, Freestanding Sign
Maximum Area	20 square feet, plus 1 additional square foot of sign area for each separate rental unit, not to exceed a maximum of 50 square feet.
Maximum Height	• Height – Wall Signs. The top of any sign shall not be higher than the building on which it is located, and in no event shall the sign be higher than 28 feet.
Maximum Height	• Height – Freestanding Signs, Monument Signs. The maximum height shall be 8 feet. The height shall be measured from finished grade to the top of the sign structure.
Illumination Permitted	Internal, external
Permit Required	Yes
2. Main Sign – Resort Hotels
Maximum Number	1 Main Sign; 1 additional sign may be permitted if the street frontage and sign separation is greater than 170 feet. Only 1 Freestanding Sign may be permitted on a corner parcel.
Permitted Sign Types	Wall Sign, Monument Sign, Freestanding Sign
Maximum Area	1-1/2 square feet per separate rental unit, not to exceed a maximum of 300 square feet. Any secondary Main Signs as may be permitted by this Section shall be restricted to 50 square feet in area.
Maximum Height	• Height – Wall Signs. The top of any sign shall not be higher than the building on which it is located, and in no event shall the sign be higher than 28 feet.
Maximum Height	• Height – Freestanding Signs, Monument Signs. The maximum height shall be 12 feet. The height shall be measured from finished grade to the top of the sign structure.
Illumination Permitted	Internal, external
Permit Required	Yes
3. Main Sign – Other Uses Permitted in Residential Zones
Maximum Number	1 Main Sign for an authorized use (churches, clubs, stables, and the like). Such use shall be separate and not in conjunction with a permitted hotel or apartment use.
Permitted Sign Types	Wall Sign, Monument Sign, Freestanding Sign
Maximum Area	20 square feet
Maximum Height	• Height – Wall Signs. The top of any sign shall not be higher than the building on which it is located, and in no event shall the sign be higher than 28 feet, as measured from finished grade.
Maximum Height	• Height – Freestanding Signs, Monument Signs. The maximum height shall be 8 feet. The height shall be measured from finished grade to the top of the sign structure.
Illumination Permitted	Internal, external
Permit Required	Yes

Permitted signs—Accessory Signs. Accessory Signs may be permitted as listed in the following table:

1. Additional Signs – Resort Hotels
Maximum Number	1 Accessory Sign for a restaurant use within the hotel.
Permitted Sign Types	Wall Sign
Maximum Area	30 square feet.
Maximum Height	The sign shall not be located above the ground floor of the building.
Additional Standards	The sign shall be located at the restaurant entry or at the hotel entry, if the restaurant does not have a separate entry.
Illumination Permitted	Internal, external
Permit Required	Yes
2. Vacancy Signs
Maximum Number	1 Vacancy Sign per hotel, resort hotel, or apartment complex.
Permitted Sign Types	Wall Sign, Window Sign
Maximum Area	5 square feet.
Additional Standards	The sign shall be located immediately adjacent to the office entrance.
Illumination Permitted	Internal, external
Permit Required	Yes

(Ord. 1294, 1988; Ord. 1538, 1996; Ord. 1590 § 21, 2000; Ord. 1941 § 1, 2017; Ord. 1956 §§ 11, 12, 2018)

Gasoline Service Stations.

Gasoline service stations shall be limited to one double-faced sign of an area not to exceed 36 square feet on each side face. A freestanding sign, if approved, shall not exceed eight feet in height. In addition, a single 10 square foot sign, fixed flat on the surface of the building, shall be allowed. The height of this sign shall not exceed 20 feet.

In addition to the signs for public safety and convenience authorized by Section 93.20.10.B.1, the Director may authorize and approve instructional or directional signs not to exceed two square feet or directional signs not to exceed two square feet per face when deemed necessary for the convenience of patrons of gasoline service stations.

Gasoline Price Signs. Nothing in Section 93.20.04, or in any other provision of this Sign Ordinance shall be construed as prohibiting compliance with Section 13531 of the Business and Professions Code of the State of California which relates to the posting of gasoline prices. Any sign, statement, or other advertising medium posted or displayed shall conform to all of the requirements of this section.

Interior Real Estate Office Signs. In addition to the other sign usage authorized herein, real estate offices may use internal display boards subject to all window sign requirements applicable to the zone in which each real estate office is located.

Signs for drive-through restaurants. Signs for drive-through facilities shall be approved in conjunction with a Conditional Use Permit for the use. The area of signage specific to the drive-through facility use may be in addition to the sign area otherwise permitted for the subject site. The drive-through signage shall be adequately screened from adjacent public rights-of-way and from adjacent properties.

Signs for Large-Scale Commercial and Industrial Centers.

In addition to the sign area allowed for individual businesses, commercial and industrial centers in excess of three and one-half (3 1/2) acres of land shall be allowed one sign on each street frontage. Such signs shall not extend beyond the property or into the right-of-way. The allowable sign area shall be 10 square feet of sign per acre to a maximum area of 50 square feet per face. Signs shall not exceed a maximum height of eight feet. One additional sign may be permitted if the street frontage is greater than, and the signs are separated by a distance of no less than, 450 feet; if multiple signs are allowed, they shall be located at street intersections or access drives.

Commercial and industrial centers in excess of 15 acres of land shall be allowed one sign on each street frontage not to exceed 125 square feet per face. Such signs shall not extend beyond the property or into the right-of-way.

Signs shall not exceed a maximum height of 12 feet. One additional sign may be permitted if the street frontage is greater than, and the signs are separated by a distance of no less than, 500 feet; if multiple signs are allowed, they shall be located at street intersections or access drives.

Shopping centers, of at least 75 acres in area and which abut a freeway and where at least 35% of the square footage in the center is retail commercial, shall be permitted a single sign which is consistent with the following:

The sign shall not exceed 50 feet in height and 30 feet in width;

The sign shall be perpendicular to the freeway and shall be set back at least five feet, but no more than 50 feet, from the freeway right-of-way, and at least 350 feet from any secondary or major thoroughfare;

The sign area shall not exceed 750 square feet per face with a maximum of two faces.

Freestanding Signs. Except as otherwise provided herein, freestanding signs shall be prohibited on a single parcel of property containing more than one business. Where authorized for a single business, a freestanding sign shall not be located within the public right-of-way and shall not exceed eight feet in height unless otherwise permitted. Freestanding signs shall be subject to all other provisions of this section.

Major Stores Not Having Street Frontage. Retail establishments which have a floor area in excess of 50,000 square feet and are so located within a shopping complex that they are not afforded street frontage shall be allowed signs as follows:

One single-face sign per major or secondary street frontage, not to exceed 50 square feet in area per store affected. The sign shall be allowed for no more than two street frontages. The top of any sign shall not be higher than the building on which it is located and in no event higher than 28 feet.

Such signs shall be located in accordance with the provisions and intent of the Sign Ordinance and in keeping with the architectural design of the shopping center.

Sign Program for Multi-Tenanted Buildings.

General Requirements. Sign programs shall be required for any multi-tenanted building or development project with more than one tenant. Sign programs shall remain in force until a new program is submitted and approved.

Permits Required. Permits shall be required for signs within approved Sign Programs. Such permits shall be subject to all applicable fees and shall be in conformance with the approved Sign Program. Sign programs shall integrate with the architecture of the building complex, including such elements as size, color, location and construction material.

Approval Process. A sign program that is fully conforming to the requirements of this Chapter may be approved by the Director.

Approval Process - Deviations. A sign program that varies from the specific requirements of the Sign Ordinance may be approved if the Architectural Review Committee finds the following:

Due to the physical characteristics of the property and the orientation and design of the structures on the property, strict application of the regulations of the Sign Ordinance will not give adequate visibility to the signage;

That the approved program will be compatible with the design of the property and will represent the least departure from the standards of the Sign Ordinance necessary for the effectiveness of the program; and

That the approved program is compatible with the surrounding property and not contrary to the purpose of the Sign Ordinance.

Sign Program for Complex of Businesses. In addition to signs allowed under this Chapter for individual businesses, one additional sign relating to a building or complex of businesses may be allowed as part of an approved Sign Program (see Section 93.20.08(H)). This sign shall not exceed 20 square feet unless no individual tenant signs are included in the Sign Program, in which case the sign area may be based on the frontage formula. Such a sign may be freestanding.

Special Sign Districts. The Planning Commission may adopt special Sign Districts, and provide appropriate implementing sign programs as part of a specific plan, planned development district, development agreement, or other process subject to public review when special sign provisions are necessary or appropriate to implement general plan provisions and goals.

Owner's Consent. No sign may be placed on private property without the consent of the property owner or persons holding the present right of possession and control.

Automobile Dealerships. The sign area allowed for individual businesses may be applied to each individual structure wherein automobiles are displayed for sale; additional area shall not be granted for multiple street frontages.

Use of Attraction Boards by Public and Quasi-Public Uses. In addition to the other sign usage authorized herein, uses which offer public service programs to the public shall be allowed one attraction board to advertise such entertainment or program. The text of the sign shall advertise only those services or programs offered on the site or of general public or philanthropic interest; off-site advertising is prohibited. The maximum allowable size for the attraction board shall be 50 square feet if it faces the street, and 30 square feet per face if the sign is at right angles to the street. Showcases may be allowed in addition to the attraction board, if approved by the director of planning or the planning commission as part of the overall design. The copy on the attraction board may be changed at intervals of 10 seconds or greater.

Freeway Signs. In addition to other signs permitted, freeway-oriented signs designed to be viewed primarily from Interstate 10 in the vicinity of the Whitewater, Indian Avenue/Indian Canyon Drive and Gene Autry Trail intersections may be permitted by the planning commission on properties designated "highway commercial," by either the zoning ordinance or the general plan, pursuant to Section 94.04.00 (Architectural review). Signs shall be so constructed, erected and maintained to insure propriety and integration with the surrounding environment, topography and land uses. The following standards are intended to restrict such signs to freeway-oriented businesses and set development standards:

One freeway-oriented sign may be allowed which occupies the same parcel on which the sign is located except as otherwise provided herein.

A freeway-oriented sign shall be within 1,000 feet of the point of intersection of the freeway with the street served by ramps from the freeway.

Freeway-oriented sign structures shall be located in such a manner so as not to adversely obscure the visibility of another existing freeway-oriented sign structure from Interstate 10.

Signs which exceed a height of 25 feet may be approved only after review of a flag test to prove need that the requested height is necessary for visibility from Interstate 10. The height of freeway-oriented signs and their related structures, for a single business, shall not exceed 50 feet. The height may be increased an additional five feet for each additional business advertised; provided, the total height does not exceed 75 feet.

The distance between the lowest portion of the sign face and ground level shall not be less than 1/2 the height of the sign structure.

The area of each sign face shall not exceed 150 square feet per business advertised.

The minimum size letter in the text of the sign shall be one foot in vertical or horizontal dimension, and the maximum size letter shall be three feet.

Illumination shall be limited to internal lighting. All freestanding signs shall have underground utility service.

Relocation of Off-Site Advertising Displays. Pursuant to the provisions of Business and Professions Code Section 5412, and notwithstanding any provision of the city's zoning code to the contrary, an existing off-site advertising display may be relocated to any property zoned for industrial or commercial uses, subject to such development standards as the City Council and the owner of the off-site advertising display proposed to be relocated may agree in a relocation agreement. A relocated off-site advertising display shall be subject to the review process provided in the relocation agreement. Each off-site advertising display proposed for relocation shall be constructed in compliance with applicable city building codes and regulations.

(Ord. 1294, 1988; Ord. 1333, 1989; Ord. 1391, 1991; Ord. 1516, 1995; Ord. 1553, 1998; Ord. 1941 § 1, 2017; Ord. 1956 §§13, 14, 2018; Ord. 2020 § 49, 2020; Ord. 2031 § 51, 2020; Ord. 2042 §§ 12, 13, 2021)

Temporary Signs allowed at any time. A property owner may place sign(s) with a sign face no larger than the following on the property at any time, as follows:

Residential Zones. Up to two free-standing temporary signs of up to eight square feet, or one free-standing temporary sign of up to 16 square feet, and/or one window sign of no more than four square feet may be maintained on each individual residentially zoned property.

Commercial and Industrial Zones. Up to two temporary signs of up to 10 square feet or one temporary sign of up to 20 square feet may be maintained on any commercial or industrial property.

Vacant Properties, Permit Required. Up to two free-standing temporary signs of up to eight square feet in size, or one free-standing temporary sign of up to 16 square feet in size is permitted on any vacant property, with the express written consent of the owner of the land, for a period of time of 60 days per calendar year. Placement of a temporary sign on vacant residential, commercial, or industrial property is prohibited without a permit for same issued by the City. No permit shall be granted for placement of any temporary sign on vacant property except upon an applicant's submission of written proof of express permission from the owner of the vacant property in question for placement of the proposed temporary sign.

Commercial and Industrial Zones. Up to two temporary signs of up to 10 square feet each or one temporary sign of up to 20 square may be maintained on any commercial or industrial property. A temporary sign associated with a special event shall not be installed more than 60 days before the event and shall be removed no later than five days after the event.

Temporary Signs in Right-of-Way. Temporary signs shall not be installed or maintained on any public right-of-way or on any public property, including without limitation trees, public utility poles, and street signs, and shall only be placed on private property except as otherwise expressly provided in this Sign Ordinance. However, nothing herein shall be interpreted as prohibiting any person from carrying or holding a temporary sign within a public right-of-way as allowed in Section 11.28.050 of this Code.

Exception re: Temporary Signs in Right-of-Way. The owner or resident of a property in a residential zone, or an authorized agent thereof, may place temporary signage consistent with Subdivision 93.20.09(A) in right-of-way provided that there is no sidewalk located in the right-of-way in question, the right of way in question is landscaped or otherwise improved, and the property in question extends up to a hedge, fence, wall or other boundary located five feet or less away from the curb or roadway surface. In the event that an owner or resident of a residential property places any temporary signage pursuant to this Subdivision 93.20.09(D), that signage shall be placed as close to hedge, fence, wall or other boundary of the property as possible, and in no event less than three feet from the curb or roadway surface.

(Ord. 1956 § 15, 2018; Ord. 2020 § 50, 2020; Ord. 2041 § 31, 2021)

The following general sign usage provisions and regulations shall apply. The additional sign usage authorized hereunder shall be strictly construed in its application.

Procedures.

Approval and Permits Required. Except as otherwise provided in this Chapter, it is unlawful for any person to construct, erect, repair, alter the structure of, or otherwise relocate any sign within the City without first obtaining a sign permit, and building/electrical permit(s) if required. Review and approval by the Planning Commission shall be required for the design and location of signs in excess of 50 square feet. All other signs shall be approved by the Director, except that either the applicant or the Director may request review by the planning commission. Sign permit fees shall be established by resolution of the City Council. A double permit fee shall be assessed if the installation of a sign is commenced before obtaining a permit. Permits shall be required for the installation or maintenance of all signs except for temporary signs on private developed property. Permits are also required for portable signs within or on the public right-of-way and temporary signs on vacant property.

Special Permits. Nothing herein contained shall prevent the Director from granting a special permit for signs pertaining to upcoming events of general public interest when it is shown that such signs will not be materially detrimental to the public welfare or injurious to adjacent property owners.

Appeal. Any person aggrieved by a decision to issue, issue with conditions, or not issue a sign permit by the Director may request that the decision in question be placed on the planning commission agenda for reconsideration. The decision of the planning commission may be further appealed to the City Council pursuant to Chapter 2.05 of the Palm Springs Municipal Code.

Variances. The provisions of Section 94.06.00 shall apply. In addition to the findings required therein, the planning commission may grant a sign variance based on the findings that due to the physical characteristics of the property and the orientation and design of the structures on the property, strict application of the regulations of the Sign Ordinance will not give adequate visibility to the signage; that the approved signage will be compatible with the design of the property and will represent the least departure from the standards of the Sign Ordinance necessary for the effectiveness of the signage; and that the approved signage is compatible with the surrounding property and not contrary to the purpose of the Sign Ordinance. Where specified in this code, certain signs (including but not limited to, off-premise promotional signs, as required by an adopted Sign Program, adoption of a Sign Program, or other signs subject to the requirements of this Chapter) shall require the approval of an appropriate discretionary entitlement prior to the issuance of a sign or construction permit.

Sign Permit. Unless otherwise specified in this Chapter, a sign permit is required for the modification, repair, or construction of a sign. Such permit may also include an electrical permit for signs that are illuminated. Application for permits shall be submitted to the Department of Planning Services accompanied by no less than three sets of plans. Such application and plans shall be reviewed by staff for compliance with this code and any applicable Sign Program. Repainting a legally existing sign, or changing the advertising copy thereon shall not require a sign permit unless a structural change is made and/or the sign area is increased.

Maintenance.

Every sign and sign structure allowed by this Chapter shall be continuously maintained. This shall include, but is not limited to, painting, cleaning, replacement of lighting (for illuminated signs) or missing letters, keeping structural elements and bracing in a safe condition, and internal structural elements screened from view.

Every sign and/or sign structure advertising a use no longer being conducted on the property for a continuous period of 90 days or more shall be removed, replaced with an opaque panel or painted over in a solid color. Freestanding sign structures shall be allowed to remain unused for a period not to exceed one year, after which such sign structure shall be removed

Regulations. The City Manager shall have the authority to issue regulations in order to clarify, implement and enforce this Sign Ordinance.

Safety.

Signs for Public Safety and Convenience. When deemed necessary, the Director may authorize and approve signs not to exceed five square feet per face to serve the public safety or convenience, such as "Entrance" signs, "Exit" signs, and "Parking" signs.

Proper Maintenance of Signs. The user, owner or lessee of a sign authorized hereunder shall maintain it as approved in a safe, neat, attractive, first-class condition and in good repair.

Obstruction of Passage. Signs shall not be constructed so as to obstruct any door, window, or fire escape of any building.

"No Trespassing" Signs. A "No Trespassing" or "No Dumping" sign not exceeding three square feet shall be authorized for each parcel of property in addition to other authorized signs and shall be designed and located thereon in a manner satisfactory to the Director.

Glare From Signs. Illuminated signs shall be designed in such a manner as to avoid undue glare or reflection of light onto private property in the surrounding area or right-of-way and shall be erected and located in a manner as approved by the Director. The intensity of lighting of a sign may be reviewed in the field by the Director who may require the reduction of intensity.

Location of Right-Angle Signs. Right-angle signs shall be seven feet or higher above the sidewalk or the right-of-way. Right-angle signs supported by posts or standards shall not extend beyond the property line or into the public right-of-way.

Street Address Numbers/Letters. A street address is required and shall conform to the requirements of Section 14.04.100 of the Palm Springs Municipal Code. When address or other numbers are used as an identification name, they shall conform to all applicable provisions of this section. Street address numbers in excess of eight inches in height shall be considered a sign.

Exceptions. Nothing herein contained shall prevent the erection, construction or maintenance of official traffic, fire and police signs, signals, devices and markings of the California Transportation Department, the City Council or of other competent public authorities, or the posting of the notices required by law.

Other.

Signs for Public and Quasi-Public Uses. Directional and public convenience signs for public and quasipublic uses may be permitted on public property. The design must conform to standard directional sign specifications approved by the City Council as a part of a Sign District after review and recommendation of the planning commission. The total number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the City Council.

Color of Signs. All signs regulated by this section shall contain no more than four colors. Black and white shall be considered as colors. Logos, in which text does not comprise an area greater than 75%, may contain no more than six colors such that the total number of colors of the sign of which the logo is a part shall not exceed six.

Signs on Awnings, etc. Painted, non-illuminated or indirectly lighted signs may be permitted on the boarders of marquees, canopies, awnings, umbrellas or similar structures or attachments if located and erected in a manner satisfactory to the Director. Such signs shall be included in the total authorized sign area.

Signs on Vehicles. No person shall drive, operate, move in or along, or park on any street or on public property, any truck, trailer, carriage, wagon, sled, or other vehicle on which is attached or maintained any sign except as otherwise permitted pursuant to California Vehicle Code Section 21100(p)(2), as may be amended from time to time.

Multiple Frontage Lots. All sign areas allowed in this section shall be allowed on each street frontage of a multiple frontage lot; provided that, the same use of the property extends through from street to street. Consolidation of sign areas permitted on each frontage to one sign is prohibited. Total sign areas as established elsewhere in this section shall supersede this item.

Exposed-Tube Neon, Fiber Optics and Other High-Intensity Signs. The design and placement of neon, fiber optic and other high-intensity signs shall be subject to the following provisions:

The use of such signs shall be limited to main signs and secondary signs. Prefabricated signs are prohibited except for customer signs; customer convenience signs shall be limited to a single color.

Neon, fiber optics and other high-intensity signs which exhibit glare and high contrast with their surroundings are discouraged. Additional lighting may be required to adjust the ambient light background of the proposal.

The number, locations and overall impact of pre-existing neon, fiber optics and other high-intensity signs shall be considered in judging the appropriateness of proposed signs.

All tubing, conduit, transformers and other paraphernalia not part of the actual sign face shall be concealed from view.

All neon, fiber optic and other high-intensity signs shall be installed with solid state transformer dimmers. The intensity level of all such signs shall be reviewed in place and adjusted to appear at a level consistent with other lighted signs in the vicinity.

All rules and regulations concerning the non-communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.

Neighborhood Entry Signs. Neighborhood entry signs may be installed in existing or proposed single-family neighborhoods in the G-R-5 or any R-1 zone, subject to the following provisions:

The sign or signs shall only represent and may only be applied for by neighborhood associations organized under the auspices of the city's office of neighborhood involvement or subsequent department.

The sign(s) shall only be allowed as part of a Sign Program approved by the planning commission, including the following information:

Number, location and placement;

ii.

Dimensions, design, materials and colors;

iii.

Authorization from owners on whose property sign(s) would be located.

The signs shall only be allowed within the boundaries of the neighborhood association but may be located in the adjacent public right-of-way.

The signs shall be subject to review and approval for potential traffic visibility and other safety issues.

Prior to installation of any neighborhood entry sign on private property, the property owner(s) shall consent to the placement of the sign and execute a covenant running with the land regarding the longterm maintenance, subject to review and approval of the city attorney.

Message Substitution.

Subject to the consent of the land owner and the sign owner, a constitutionally protected noncommercial message of any type may be substituted, in whole or in part, in place of any commercial message or any other noncommercial message on a sign if the sign structure or mounting device is legal without consideration of message content. Similarly, an onsite commercial message may be substituted for another commercial message on an on-site sign if the substitution does not also involve a change of the physical structure or mounting device for the sign. Such message substitutions may be made without any additional approval or permitting.

The purposes of this Subsection are to prevent any inadvertent favoring of commercial speech over non-commercial speech or of any particular noncommercial message over any other noncommercial message and to allow a change of commercial messages on an on-site sign without a new permit.

This Subsection does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. This section does not allow the substitution of an off-site commercial message in place of an on-site commercial message or the conversion of a sign to general advertising for hire.

In addition to message substitution, whenever a parcel has a right to display area that is unused, that area may be used for constitutionally protected non-commercial messages on temporary signs, without permits or approvals; it may also be used for display of noncommercial messages on permanent structures, if the structure is properly permitted.

This Subsection prevails over any more specific provision to the contrary within the Sign Ordinance.

(Ord. 1294, 1988; Ord. 1354, 1990; Ord. 1418, 1992; Ord. 1422, 1992; Ord. 1538, 1996; Ord. 1637 § 3, 2003; Ord. 1660, 2004; Ord. 1751 § 2, 2008; Ord. 1941 § 1, 2017; Ord. 1956 § 16, 2018; Ord. 2031 § 52, 2020)

Compliance with Sign Ordinance, Nuisance. The City Council determines that the public peace, safety, morals, health and welfare require that all signs heretofore constructed or erected in violation of any ordinance of the City of Palm Springs in effect at the time such sign was constructed or erected, are made subject to the provisions of this section. Such signs shall be made to conform and comply with the Sign Ordinance as soon as reasonably possible after the effective date of the Sign Ordinance. All signs that are not subject to Subsection D of this Section 93.20.11 shall be made to conform and comply with the Sign Ordinance within a reasonable time, and are declared to be public nuisances subject to abatement, penalties and City remedies as such in accord with Chapter 11.72 of this Code and other applicable provisions. Any provision of the Sign Ordinance identifying a penalty or procedure specifically applicable to a violation of the Sign Ordinance, but contrary to or inconsistent with a provision of Chapter 11.72 of this Code, shall supersede that provision thereof.

Removal and Amortization Schedule. Any sign that fails to conform to the requirements of the Sign Ordinance, or any amendment to the Sign Ordinance, either by variance previously granted or by conformance to the existing sign regulations at the time the initial permit for such sign was issued, shall either be removed or brought up to code requirement within the period of time prescribed herein dating from the effective date of the Sign Ordinance or the amendment to the Sign Ordinance that made such sign nonconforming, whichever date occurs last. Such nonconforming signs may be abated forthwith upon the payment of the cost of removal and the remaining value of such sign, as determined from the valuation stated on the permit and based upon a depreciation schedule for such sign as follows:

Amortization Schedule
Permit Value of Sign	Amortization Schedule
$100.00 or less	Immediately
$100.01 to $1000.00	1 1/2 Years
$1000.01 to $2500.00	2 Years
$2500.01 to $5000.00	3 Years
$5000.01 to $10,000.00	4 Years
Over $10,000.00	5 Years

Notice of Non-Compliance, Abatement. The Director shall issue written notice to any owner of a sign, apart from a temporary sign or a portable sign, that is illegal, abandoned, not maintained in good condition, or is not in compliance with the requirements of this Sign Ordinance. Such notice shall be transmitted to the owner at the owner's last known address by registered or certified mail, and list the specific areas of noncompliance. Abatement of any nuisance that is the subject of a notice issued pursuant to this Subsection C shall proceed in accordance with Chapter 11.72 of this Code.

Signs in Right-of-Way, Unpermitted Temporary and Portable Signs, Nuisance. Any sign placed on any public right-of-way, and not otherwise permitted by the Sign Ordinance or the City Council, and any temporary sign placed upon vacant property or portable sign placed on a sidewalk without a valid permit, shall be deemed to be a public nuisance that poses an immediate danger to the health, safety, and welfare of the community by creating an obstruction to circulation, including, but not limited to, vehicular and/or pedestrian traffic, and creating blight. In the event that the City removes and disposes of any sign identified as a nuisance under this Subsection D, the owner of the sign in question shall be responsible and liable for the removal and disposition of the sign.

Abatement.

Upon discovering the existence of a sign left on the public right-of-way, an unpermitted temporary sign on vacant property, or an unpermitted portable sign, the Code Enforcement Official shall have the authority to order and/or cause the immediate abatement and removal thereof. To the extent any owner of the sign in question can be identified through the Code Enforcement Official's reasonable efforts, the Code Enforcement Official shall notify the owner thereof, or the owner's representative, in person, or by mail to the owner's last known address, of an informal abatement notice. Such notice shall either indicate that the sign in question has been abated and removed, specify the procedure for retrieving a removed sign, and indicate that the City will detroy or otherwise dispose of the removed sign if that sign is not claimed within 30 days. The notice shall also inform the owner that he/she/it may request a hearing to appeal the abatement and removal of the sign by submitting a written request for such a hearing to the Office of the City Clerk.

Process and Hearings.

Release of Sign, Fees and Penalty Paid. Any sign removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within 30 days after issuance of the notice of any abatement and removal, upon the owner's payment of administrative fees, including fees for storage of the sign, hearing fees (if any), and payment in full of any penalty related to the violation of the Sign Ordinance that prompted the abatement and removal. This 30 day claim period shall apply regardless of whether the owner request a hearing appealing the abatement and removal. The administrative fees for the storage and removal of the sign shall be established or modified by resolution of the City Council, and shall include the actual cost of removal and storage of any sign, plus the proportional share of administrative costs in connection therewith.

Refund of Fees. Any administrative fees or penalty shall be refunded, in whole or in part, if, at a hearing on an appeal as to the abatement and removal, a determination is made by the hearing officer that the fees or a portion thereof should be refunded.

Hearing. A request for a hearing as to the removal and abatement of a sign shall be submitted to the Office of the City Clerk no more than 15 days after the City's issuance of an informal abatement notice pursuant to Subparagraph D.1. Each request for a hearing on an appeal of the abatement and removal of a sign shall be accompanied by full payment of all administrative fees, including fees for storage of the sign, hearing fees, and payment in full of any penalty related to the violation of the Sign Ordinance that prompted the abatement and removal. Any hearing upon an appeal as to an abatement and removal order requested shall be conducted within 10 working days of the receipt of the request for a hearing by the Office of the City Clerk. Each hearing shall be conducted by a hearing officer designated by the City Manager. The failure of either the owner or his/her/its agent to request a hearing waives the right to a hearing. At any hearing, the hearing officer shall determine whether good cause has been shown for the abatement and removal of the sign. The decision of the hearing officer shall be deemed the final administrative determination. If good cause is shown for the abatement and removal of the sign, the owner or their agent shall have 15 days from the date of the hearing to retrieve the sign, if the sign has not already been returned to the owner or agent. No sign shall be returned to an owner or agent after a hearing without payment of additional administrative fees that have accrued since the filing of the request for a hearing. If good cause is not shown at the hearing for the abatement and removal of the sign, all funds paid by the owner or agent in relation to the sign that the City abated and removed, and any additional administrative fees shall be waived, and the owner or their agent shall have 15 days to retrieve the sign.

Disposition.

Any sign not timey retrieved by its owner or the owner's agent in accordance with Subparagraph D.2.a. above shall be deemed to be permanently abandoned and may be destroyed or otherwise disposed of by the City.

(Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1538, 1996; Ord. 1941 § 1, 2017; Ord. 1956 § 17, 2018)

The City's street banner program is reserved for the City's use to promote its own messages and those events which are sponsored or co-sponsored by the City.

Notwithstanding any other provision of the Sign Ordinance, the City Manager, or the City Council upon appeal, as provided in this Subsection, may authorize the temporary placement of banner signs on poles or structures within the public right-of-way on City property where those banners display the name and/or date of an event and/or activity sponsored entirely by the City or co-sponsored by the City that calls attention to the City, its natural advantages, resources, enterprises, attractions, climate, facilities, businesses, and community. Any events for which banners are authorized under this Subsection shall be of limited duration.

Any banners authorized by this Subsection shall be for a limited duration and should call attention to the City, its natural advantages, resources, enterprises, attractions, climate, facilities, businesses, and community. Nothing herein shall relieve any person from obtaining any other necessary permit or license for an event or activity.

No person shall place, cause to be placed, or maintain a banner sign on any City pole or structure in the public right-of-way or on City property except as authorized in this Subsection.

The City Manager shall designate those City poles or other structures at streets, highways, alleys, other public rights-of-way, and those City properties on which banner signs as authorized herein may be placed. The message on the banners shall be considered government speech, and the designation or the placement of the banners is not intended to create, nor shall it create, a public forum.

The City Manager may authorize a banner or banners for an event and/or activity sponsored entirely by the City or co-sponsored by the City, subject to the following conditions:

Except as set forth herein, the banner(s) may be placed for a period of up to 60 days and the City or applicant shall then cause the banner(s) to be removed at the City or applicant's expense, as applicable, based on who placed the banner, subject to replacing of the banner at the same or different location at a later date;

The banner(s) should promote an event and/or activity sponsored entirely by the City or co-sponsored by the City, occurring within the City, calling attention to the City, its natural advantages, resources, enterprises, attractions, climate, facilities, businesses, and community;

The banner(s) may contain the name and date of the event, if any;

The banner(s) shall be secured tightly to the structures on which they are authorized to be attached; and

For non-City applicants that are co-sponsors with the City, the applicant must agree to defend, indemnify, and hold harmless the City from any damages arising from the banners in a form acceptable to the City Attorney.

No banner shall be authorized unless the City Manager, or City Council on appeal, finds that the banners are so designated as not to block views significant for traffic or do not otherwise present a safety hazard.

Notwithstanding any other provision of this section, the City Manager is authorized to develop and implement a military banner Sign Program, which may include, without limitation, application forms and administrative guidelines for the placement of banners honoring the City's military personnel. Notwithstanding any other time limitations set forth in this Subsection, any military banner sign placed on City property consistent with the military banner program and any administrative guidelines governing the program, may be in place for a period not to exceed 12 months, after which, the banner shall be removed, subject to replacing of the banner at the same or different location at a later date.

(Ord. 1941 § 1, 2017)

Any person who violates a provision of this Sign Ordinance is subject to criminal sanctions and administrative penalties pursuant to Chapters 1.01 and 1.06 of this Code and the specific penalties as provided in this Chapter.

Remedies under this Sign Ordinance are cumulative and not exclusive. They are in addition to and do not supersede or limit other administrative, civil, and/or criminal remedies provided under state or federal law, in equity, or pursuant to other provisions of the Palm Springs Municipal Code. The City may seek an order for the award of attorney's fees in any civil enforcement action related to enforcement of this Sign Ordinance.

(Ord. 1941 § 1, 2017)

Intent, Purpose and Luminaire Requirements.

These regulations are intended to maintain ambient lighting levels as low as possible in order to enhance the city's community character and charm and maintain dark skies. Area lighting should provide good visibility, minimum glare and minimum spillage onto other properties or into the sky. It is the intent of this section to encourage, through the regulation of the types, kinds, construction, installation and uses of outdoor electrically powered illuminating devices, lighting practices and systems to conserve energy without decreasing safety, utility, security and productivity while enhancing nighttime enjoyment of property and night skies. These regulations are intended to be consistent with the requirements of the electrical code, as adopted by the city under Palm Springs Municipal Code Section 8.04.055, except where a different standard is provided based on the local climatic, geological or topographical conditions of the city of Palm Springs.

Exterior lighting fixtures shall be architecturally integrated with the character of the associated structures, site design and landscape.

Pole mounted and wall mounted lighting fixture used for parking lot, area lighting and security lighting shall be full cutoff luminaires shielded or constructed so that all of the light rays emitted by the fixture are projected below a horizontal plane passing through the lowest point on the fixture from which light is emitted. Drop or sag lensed type fixtures are not be allowed. IESNA classification that describes a luminaire having a light distribution in which zero candela intensity (visible light) occurs at or above an angle of 90° above nadir. Additionally, the candela per 1000 lamp lumens does not numerically exceed 100 (10%) at or above a vertical angle of 80° above nadir. This applies to all lateral angles around the luminaire. Figure 1.

Lighting sources (lamps) approved in the City of Palm Springs for commercial and residential zones; High Pressure Sodium (HPS), Light Emitting Diodes (LED), Light Emitting Plasma (LEP), Compact Fluorescent Lamps (CFL) and Multifaceted Reflector halogen lamps (MR).

Lighting sources approved for public or municipal outdoor recreation facilities; High Pressure Sodium (HPS), Light Emitting Diodes (LED), Light Emitting Plasma (LEP) and Metal Halide (MH).

Low Pressure Sodium lighting is not approved in the City of Palm Springs.

All luminaries with total lamp Mean lumens above 4800 shall be full-cutoff type except for the following uses:

Outdoor advertising displays or signage; Lamp lumens for shielded signs shall not exceed 100 lumens per square foot.

Public or Municipal Outdoor Recreational Facilities. Lighting fixtures for sports facilities shall be provided with glare control devices to provide for more light on-field as noted in Figure 2.

Lighting fixtures shall not produce sufficiently greater luminance (light) in an area resulting in reduced visual performance and visibility. This is known as Disability Glare.

Lighting fixtures shall not produce sufficiently greater luminance (light) in an area which causes discomfort but does not necessarily diminish visual performance. This is known as Discomfort Glare.

Lighting fixtures that produce illumination off the subject project site is considered an undesirable condition in which exterior lights produce illumination in an area where it is not wanted. This is known as Light Trespass.

10.

Lighting fixtures that produce an unwanted effect of manmade outdoor lighting that contributes to the effect of sky glow, light trespass and/or glare. This is known as Light Pollution.

11.

Lighting used to highlight architectural features, landscape, building facades, fountains etc. is acceptable and shall be adjusted and aimed during the night to insure light is focused on the designated object.

Lighting luminaries intended to be directional as described in paragraph 6 above shall be furnished with total lamp lumens of less than 4000 and must be furnished with shields, louvers and/or lenses to insure that the direct view of the lamp source is reduced. An internal fixture reflector system with a clear lens that distributes in a specific direction is designed to promote glare control. Refractors are not recommended to shield the lamp source.

Landscape lighting fixtures intended to be directional onto landscape features with a total lamp lumens of less than 1,000 must be furnished with shields, louvers and/or lenses to insure that the direct view of the lamp source is reduced.

12.

Pedestrian scale post top luminaries with total lamp lumens of less than 6000 may be non-cutoff if the fixture meets the requirements to prevent direct view of the lamp source by shielding the source with louvers and/or opaque lens. Internal fixture reflector with a clear lens that distributes the light out of the fixture in a manner that promotes glare control may also be allowed. Refractors are not recommended to shield the lamp source.

13.

Low level lighting (bollards, step lights etc.) with total lamp lumens of less than 3500 may be non-cutoff if the fixture meets the requirements to prevent direct view of the lamp source by shielding the source with louvers and/or opaque lens. Internal fixture reflector with a clear lens that distributes the light out of the fixture in a manner that promotes glare control may also be allowed.

14.

All full-cutoff type luminaries shall be mounted horizontal. Cut-off lighting fixtures with tilting capabilities are not approved.

15.

Multi-family residential and nonresidential developments shall provide glare-free light fixtures at project site entrances, building entrances and exits.

16.

Non-residential developments shall provide for lighting at all vehicle and pedestrian entrances into the project site from public roadways. Entrance lighting may not exceed a height of 10 feet and may be high pressure sodium (HPS) or light emitting diodes (LED). The footcandle levels are to be approximately twice the average illumination of the adjacent parking area or the adjoining street in order to promote entrance visibility and safety.

17.

Lighting fixture maximum pole heights shall be as follows:

Residential Zones: maximum of eighteen feet high (18′0″) in residential zones. The lamp lumens shall be 15,000 or less and provide for full-cutoff features.

Commercial Zones: maximum of twenty-five feet high (25′0″) in commercial zones. The lamp lumens shall be 50,000 or less and be provided with full-cutoff features.

Pedestrian pole lighting fixtures shall have a maximum height of 10′0″ above finished grade in residential and commercial zones. The lamp lumens shall be 6,000 or less and be provided with lamp shielding as described in paragraph 9 above.

18.

All site lighting plans for hillside residential, nonresidential and multifamily developments are subject to approval of Architectural Review as follows:

Submit a photometric lighting plan prepared by the project engineer showing point-by-point lighting levels for the entire lot and ten feet (10′0″) beyond the project property lines.

The point by point photometric plan shall provide lighting levels at a maximum of ten foot (10′0″) intervals.

The photometric schedule shall represent the lighting and calculations in an area equal to 80% of the useable parking area. Figure 4

The photometric calculations shall be scheduled on the plan to illustrate the following; Figure 3

Average to Minimum

Maximum to Minimum

Average Foot-candles

Minimum Foot-candles

19.

Commercial architectural decorative wall mounted lighting luminaries with total LED lamp lumens of less than 14 lumens per inch (total size of the wall light fixture face in inches) but exceed 4000 lumens total may be non-cutoff if the fixture meets the requirements to prevent direct view of the lamp source by shielding the source with louvers and/or opaque lens. Internal fixture reflector with a clear lens that distributes the light out of the fixture in a manner that promotes glare control may also be allowed. Refractors are not a recommended to shield the lamp source.

20.

Residential architectural decorative wall mounted lighting luminaries with total lamp lumens of less than 1,800 may be non-cutoff if the fixture meets the requirements to prevent direct view of the lamp source by shielding the source with louvers and/or opaque lens. Internal fixture reflector with a clear lens that distributes the light out of the fixture in a manner that promotes glare control may also be allowed. Refractors are not recommended to shield the lamp source.

21.

Security pole and wall pack lighting fixtures in commercial and residential zones shall only be allowed if the fixture lumens and shielding meet the requirements outlined. The following types of fixtures are examples of acceptable and unacceptable lighting fixtures. Figure 5

22.

Lighting fixtures and advertising signs, boards and/or banners shall not blink, flash or be of unusually high intensity or brightness.

23.

Lighting Hours of Operation: All exterior lighting fixtures shall comply with the adopted State of California Title 24 requirements for controls and switching, the adopted building and electrical codes. Final certificate of occupancy are subject to permit requirements and site inspection.

24.

Tennis court lighting provisions can be found in Section 93.01.01, Tennis Courts.

25.

The following is not subject to the provisions of Section 93.21.00 Outdoor lighting standards:

All outdoor light fixtures existing and legally installed prior to the effective date of this section.

Decorative holiday lighting fixtures and related decorations using light emitting diodes (LED) sources during the designated holiday season.

Portable temporary lighting used by law enforcement or emergency services personnel to protect life or property.

Lighting associated with a special event as described in Palm Springs Municipal Code Chapter 6.12.

26.

Street lights erected on public or private right-of-way. Street light design is to be in compliance with city standards. The following criteria shall be used to evaluate requests for street lighting.

Intersections in residential districts;

Mid-block on residential street greater than eight hundred feet (800′0″) in length;

At the ends of cul-de-sacs greater than three hundred feet in length;

All intersections in commercial and industrial districts;

Bus stops;

Other locations and/or spacing of lighting as determined by the city engineer.

Illumination Levels and Requirements.

Light Emitting Diode (LED) and Light Emitting Plasma (LEP) lighting for parking lots and area lighting shall be designed to the following standards:

Minimum footcandles shall be 1.0 foot-candle.

Average maintained light level of 1.0 footcandles to 3.0 foot-candles.

Average-to-minimum uniformity ratio shall not exceed four to one (4:1).

Maximum to Minimum uniformity ration shall not exceed sixteen to one (16:1).

Lighting systems using High Pressure Sodium (HPS) shall be designed to the following standards:

Minimum footcandles shall be 2.0 foot-candle.

Average maintained light level of 2.0 footcandles to 3.0 foot-candles.

Average-to-minimum uniformity ratio shall not exceed four to one (4:1).

Maximum to Minimum uniformity ratio shall not exceed sixteen to one (16:1).

Only high pressure sodium (HPS), light emitting diode (LED) or light emitting plasma (LEP) sources shall be used for parking lot and area lighting.

Exception: Metal Halide (MH) or other high color rendering sources may be allowed for outdoor retail establishments such as a car dealership.

Definitions

Ambient light.

General lighting levels not subject to this ordinance.

Brightness.

Strength of the sensation that results from viewing surfaces from which the light comes to the eye.

Contrast.

Is the difference between the luminaire luminous brightness and the brightness of the surrounding area.

"Decorative lighting"

means lighting products used for decorative effects versus lighting performance. Examples of decorative lighting include, but are not limited to, fountain lighting, lighting fixtures (pole, post or bollard style) creating a visual effect with low lumen output, LED commercial outdoor string lighting, building wall sconce and chandelier lighting with low lumen lamp sources.

Disability glare.

Glare resulting in reduced visual performance and visibility. It is often accompanied by discomfort.

Discomfort glare.

Glare that produces discomfort, but does not necessarily diminish visual performance.

Footcandle.

One foot-candle is one lumen per square foot. This simply means the amount of light which hits one square foot.

"Full-cutoff"

means outdoor light fixtures shielded or constructed so that all of the light rays emitted by the fixture are projected below a horizontal plane passing through the lowest point on the fixture from which light is emitted. Drop or sag lensed type fixtures are not allowed. IESNA classification that describes a luminaire having a light distribution in which zero candela intensity (visible light) occurs at or above an angle of 90° above nadir. Additionally, the candela per 1000 lamp lumens does not numerically exceed 100 (10%) at or above a vertical angle of 80° above nadir. This applies to all lateral angles around the luminaire.

HID lamp.

In a discharge lamp, the emitted energy (light) is produced by the passage of an electric current through a gas. High-intensity discharge (HID) includes mercury, metal halide, and high pressure sodium lamps. Other discharge lamps are LPS and fluorescent. Some such lamps have internal coatings to convert some of the ultraviolet energy emitted by the gas discharge into visual output.

"High-pressure sodium (HPS) lamp"

is a gas-discharge lamp that uses sodium in an excited state to produce light. There are two varieties of such lamps: low pressure and high pressure. Low-pressure sodium lamps are the most efficient electrical light sources, but their yellow light restricts applications to outdoor lighting such as street lamps. High-pressure sodium lamps have a broader spectrum of light than the low pressure, but still poorer color rendering than other types of lamps. Low pressure sodium lamps only give monochromatic yellow light and so inhibit color vision at night.

"IESNA"

means Illuminating Engineering Society of North America.

Induction lighting.

The internal electrodeless lamp or induction light is a gas discharge lamp in which the power required to generate light is transferred from outside the lamp envelope to the gas inside via an electric or magnetic field, in contrast with a typical gas discharge lamp that uses internal electrodes connected to the power supply by conductors that pass through the lamp envelope.

Incandescent lamp.

Light is produced by a filament heated to a high temperature by electric current. These lamps include MR Lamps, Tungsten Halogen Lamps, Par and R lamps.

"Light-emitting diode (LED)"

is an electronic semi-conductor that emits light. They are considerably more efficient than traditional light bulbs and provide for long lamp life. LEDs are used in many applications such as flat-screen video displays, indoor and exterior lighting fixtures.

Light-emitting plasma (LEP).

Plasma lamps are a type of gas discharge lamp energized by radio frequency (RF) power which produces high illuminance for exterior applications such as streets, large big box parking lots and sports lighting applications. The LEP lamps have a life ranging from 30,000 to 50,000 hours, a CRI of 95. The LEP lamp is able to operate up to 50% more efficiently than conventional HID (High-intensity discharge lamp) lamps while generating the same maintained lumens as a conventional 400 watt system at about half the energy. The technology also allows the lamp to be dimmed to 50% of the rated lamp lumen output.

Light pollution.

An unwanted effect of manmade outdoor lighting that contributes to the effects of sky glow, light trespass, and/or glare.

Light trespass.

An undesirable condition in which exterior light is cast where it is not wanted.

Lumen.

A unit measurement of a light bulb, arc tube or light emitting diodes (LED) light output expressed as initial Lumens or lumen output.

Luminaire.

A complete lighting unit consisting of a lamp or lamps and the parts designed to distribute the light, to position and protect the lamp(s), and to connect the lamp(s) to the power supply. (Also referred to as fixture.)

Mercury lamp.

The mercury vapor lamp is a high intensity discharge lamp. It uses an arc through vaporized mercury in a high pressure tube to create very bright light directly from its own arc. Mercury lamps are not approved in the City of Palm Springs.

Metal-halide lamp.

This type of lamp is also known as an 'MH' lamp. It is a HID (High Intensity Discharge) lamp, which means it provides most of its light from the electric arc within a small discharge tube. It is becoming increasingly popular due to its good quality white light and good efficiency. The most prominent use of the MH lamp is in stadiums and sports fields. It is also used widely for parking lots and street lighting in urban areas.

:Mounting height:

means the distance from the finished grade to the top of the lighting fixtures including any lighting fixture foundation.

"Pedestrian scale"

means a luminaire mounted at no more than ten feet above finished grade and intended to illuminate a walking path or small pedestrian area.

"Recreational facilities"

means public, municipal or private facilities designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities. Outdoor recreational facilities include, but are not limited to, fields or stadiums for softball, baseball, football, soccer; golf courses, driving ranges and other "field sports"; and courts for tennis, basketball, volleyball, handball and other "court sports."

Sky glow or urban sky glow.

Any adverse effect of manmade light that produces direct lighting into the sky from a lamp compartment that is not shielded.

(Ord. 1590 § 22, 2000; Ord. 1838 §§ 1—5, 2014; Ord. 1839 §§ 1—5, 2014; Ord. 1856 § 1, 2014; Ord. 2042 § 14, 2021)

In addition to any conditions required by the underlying zone or imposed through a use permit, the following conditions are required for each of the Specific Uses listed herein to protect the health, safety and general welfare, and to assure the orderly, efficient and harmonious development of these uses in the City.

(Ord. 1799 § 2, 2011)

Automobile Service Stations shall comply with the following provisions in addition to zone provisions and conditions imposed in a conditional use permit. Any modification to the use of an automobile service station, or accessory use, shall require an amendment to the conditional use permit.

Location.

The site shall have 200 feet of frontage on a major or secondary thoroughfare.

The site shall not adjoin an existing hotel or residential use at the time of its establishment.

The minimum distance from the site to a property containing a school, park, playground, church, museum or similar use shall be 250 feet. The minimum distance to a residential zone shall be 175 feet.

The minimum distance between properties containing automobile service stations shall be 500 feet, except that service stations that are approved as part of a master plan are exempt from this requirement, and except that two automobile service stations may be permitted at intersections formed by streets both of which have a forecasted average daily volume of 25,000 trips according to the adopted general plan or other subsequent city-approved comprehensive traffic study.

Access.

Access drives shall be at least 30 feet from any street corner measured from the intersection of the ultimate right-of-way lines; the city engineer may require a greater distance based upon street and traffic characteristics. All drives shall be designed to provide vehicle queuing in a manner that minimizes possible hazard or slowing of vehicles on adjacent city streets. Reciprocal access/parking arrangements may be with adjacent properties to enhance public convenience and safety.

Utility Trailers.

Utility trailers, not exceeding 10 in number, may be stored for rent on service stations only in the C-2, C-M and M-1 zones; provided, they are screened from view and do not occupy any required parking spaces.

Walls.

A solid masonry wall six feet in height shall be erected on all interior property lines which abut property in a residential zone or wherever else deemed necessary by the planning commission.

Paving and Landscaping.

The entire ground area shall be paved except that a minimum of 10% of the site area shall be reserved for landscaping. Landscaping shall be provided in accordance with the requirements of Chapter 92 and Section 93.06.00.

Lighting.

Lighting shall conform to the requirements of Section 93.21.00.

Outside Operation.

Operations outside permanent structures shall be limited to the dispensing of gasoline, oil, water, air, electric vehicle charging, or other activities as approved under the conditional use permit. There shall be no outside storage or display of tires, oil or other products and accessories. The sale of liquid propane gas (LPG) may be permitted if approved in connection with the conditional use permit and architectural review. After approval of the conditional use permit, the sale of LPG may be permitted if approved in conjunction with a land use permit.

Noise.

Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness, and the decibel level measured at property lines shall not exceed street background noise normally occurring at the site location.

Principal Building.

Conditioned space shall be provided for employees of the service station, with adequate area for administrative functions. Accessible public restrooms shall be provided in accordance with building code requirements and pursuant to Palm Springs Municipal Code Section 8.04.901; restrooms shall be accessible to patrons during all hours that the business is open to the public.

Accessory Commercial Uses.

Accessory retail sales of food, groceries and sundries shall be contained within an indoor retail space. Display and storage of accessory or secondary non-automotive commercial uses shall be totally within the principal building.

Sale of Beer, Wine, Liquor or Other Alcoholic Beverages.

Sales of beer, wine, liquor or other alcoholic beverages from the same location as gasoline and other motor vehicle fuel sales may be permitted under the following conditions:

Such sales must be offered only in conjunction with the secondary retail sale of food, groceries and sundries in which not less than 75% by value of the retail sales of all products, other than gasoline and other motor vehicle fuels, comprises sales of products other than beer, wine, liquor and other alcoholic beverages.

Video recording surveillance cameras shall be used to record all purchases and attempted purchases of alcoholic beverages. Signs shall be posted, one outside the building at or near the gasoline servicing area and another inside the building near the cash registers notifying the public that "all alcoholic beverage transactions are monitored in cooperation with the Palm Springs Police Department." The videotape equipment used shall be such as to record at least 24 hours of operation, the tapes shall be maintained for the prior 72 hours, and the film shall be made available to any representative of the Palm Springs Police Department within 24 hours of a request. The tapes shall be made available for use in evidence against any person who purchased or attempted to purchase alcoholic beverages as well as for use in any court or administrative proceeding regardless of the type of criminal activity or the party or parties involved.

Signs.

All signage shall conform to the provisions of Section 93.20.00.

Electric Vehicle Charging Spaces.

A minimum of one electric vehicle charging space shall be provided. Additional electric vehicle charging spaces may be required pursuant to Section 93.06.00.

(Ord. 2063 § 28, 2022)

Open storage yards for junk, auto wrecking and other waste products shall comply with the following provisions in addition to zone provisions and conditions imposed in a conditional use permit.

Site Area.

The minimum site area shall be 25,000 square feet.

Location.

The minimum distance from the site to a residential zone, school, park, playground, church, museum, or similar use shall be 1,000 feet.

Screening.

The entire perimeter of a storage site shall be screened with a masonry wall at least six feet in height, except for necessary openings which shall have solid gates.

(Ord. 1799 § 2, 2011)

The application for a conditional use permit for a quarry, sand pit or gravel pit shall include a contour map indicating operating sites, blowsand abatement program, structures and all improvements including the extremities of the proposed quarry. The application shall further submit a report in detail indicating the method of quarry operation, which report shall include an outline of the sequence and pattern of mineral excavation. This shall include the number, spacing, depth of drill holes, and amount of explosives to be used per hole. The maximum size of quarry face for mining and blasting purposes shall be 25 feet.

The planning commission, upon receipt of this plan, may, at its discretion, require at the operator's expense a geophysical survey to determine the seismic effects of the proposed blasting pattern, which may be the basis for limiting the size of blast.

Quarries, sand pits and gravel pits shall comply with the following provisions in addition to zone provisions and conditions imposed in a conditional use permit:

No rock or mineral crushing or treatment of minerals shall be permitted.

Accessory building shall be used solely for the storage and maintenance of equipment and operating offices.

No building may be closer than 1,000 feet from any approved public street or highway.

Quarry operations shall not be closer than one-half (½) mile from any residential zone and not closer than 100 feet to any property line.

The hours of operation shall be limited to the hours of eight a.m. to six p.m., Monday through Friday, excluding national holidays.

Removal of minerals pursuant to this section shall be conducted so as to limit the emanation of smoke and dust as provided by the standards set forth in Section 92.16.04(E) and (F).

The noise from any operation shall not exceed the standards set forth in the noise ordinance.

All drill holes shall be tamped to minimize the sonic effects of blasts. No charges may be exposed to the air during detonation.

All roads from the site to any public street or highway shall be paved with suitable asphaltic material on a prepared base as per specifications of the City Engineer to a width of 28 feet to prevent the emanation of dust.

10.

During the operation of the quarry, sand or gravel pit, a blowsand abatement program shall be in effect to protect off-site properties.

11.

Upon completion of all operations, or operations at any one point, all excavations as well as mounds of waste material which may be seen from any public street or highway shall be graded and the premises restored as near as possible to original conditions and contours.

All operations shall be covered by public liability and property damage insurance as required by the city of Palm Springs.

Upon cessation of operations for a period of six months, this permit shall terminate and all structures and equipment shall be removed.

Bond Requirement.

To guarantee compliance with conditions set forth in this section and in the conditional use permit, the operator shall post and maintain with the city of Palm Springs, a performance bond of not less than one million dollars ($1,000,000.00), conditioned that the city may enter and restore the premises and recover all its costs. Performance bonds shall contain a clause to allow an annual inflation cost to be added to the original bond amount.

(Ord. 1799 § 2, 2011; Ord. 2031 § 53, 2020)

RV parks or resorts are intended to provide for the accommodation of visitors to Palm Springs who travel to the community by recreational vehicle and reside in that vehicle for a period not to exceed 180 days. This use is also in-tended to create a safe, healthful and beneficial environment for both occupants of the RV parks and to protect the character and integrity of surrounding uses. No RV use shall be located within any "N" zone.

Uses Permitted.

Buildings, structures and land shall be used and building and structures shall hereafter be erected, altered or enlarged only for the following uses. All uses shall be subject to the standards contained herein or approved by the planning commission and city council.

Recreational vehicles as defined in Section 91.00.09(A);

Incidental uses operated primarily for the convenience of RV park occupants. There shall be no separate sign advertising such uses visible from the street and said use shall be located not less than 100 feet from any street. Incidental uses permitted shall include only the following:

(a)

Barber and beauty shops,

(b)

Dwellings for owner and/or managers and staff,

(c)

Food markets,

(d)

Golf courses,

(e)

Indoor and outdoor recreational facilities,

(f)

Laundry,

(g)

Office,

(h)

Personal services including showers and restrooms,

(i)

Restaurants, including dancing and alcoholic beverage sales,

(j)

Sales of items related to maintenance and operation of recreational vehicles;

Storage of unoccupied recreational vehicles. Storage areas not to exceed 5% of the gross area of the RV park. Storage areas shall be screened on all sides;

Accessory uses customarily incidental to the above uses and located on the same lot therewith.

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, operated exclusively for the convenience of RV park residents, and not more obnoxious or detrimental to the public health, safety and welfare, or to other uses permitted in the park, as provided in Section 94.01.00. All uses shall be subject to the property development standards contained herein.

Uses Prohibited.

All uses and structures not permitted in Section 93.23.04(A) are deemed to be specifically prohibited. The following general classification of uses shall not be permitted in RV parks.

Recreational vehicle repair service,

Commercial uses except those described in Section 93.23.04(A) and approved by the planning commission on the development plans.

Property Development Standards for RV Parks.

The following property development standards shall apply for all RV Zones:

Size of RV Park.

No parcel of land containing less than 20 acres may be used for the purposes permitted in the RV zone.

Density.

A minimum of 2,400 square feet of lot area shall be provided for each recreational vehicle in the RV park. This space ratio shall include access roads, automobile parking, accessory building space and recreational areas. Each RV space shall be equal to one dwelling unit.

Building Height.

Buildings and structures erected in this zone shall not exceed 15 feet at minimum setback requirements, or a three to one setback shall be provided for structures exceeding 15 feet to a maximum of 24 feet.

Yards.

(a)

General Provisions.

(i)

Yards shall be measured perpendicular to the property line or from a future street or highway line, as shown on the general plan or setback ordinance.

(ii)

Yard provisions shall apply to both main and accessory structures.

(b)

Front Yard.

Each recreational vehicle park shall have a front yard of 40 feet extending for the full width of the parcel devoted to such use.

(c)

Side and Rear Yards.

Each recreational vehicle park shall have rear and side yards of not less than 15 feet, except where a side or rear yard abuts a street, the yard shall be not less than 40 feet. Where development sides or rears on existing single-family developments (R-1 zones) a 100 foot setback shall be provided for structures exceeding one story.

Walls, Fences and Landscaping.

Each recreational vehicle park shall be entirely enclosed at its exterior boundaries as follows:

(a)

An eight foot high decorative masonry wall shall be required on the perimeter of each RV park. For front yards, the wall shall be constructed within the 40 foot required setback, no closer than 25 feet from a property line.

(b)

Peripheral landscaping of not less than six feet in height shall be provided adjacent to all walls.

(c)

All required yards to be landscaped and maintained.

Permitted Fences and Walls.

The provisions of Section 93.02.00 shall apply.

Open Space.

A minimum of 45% of the site area shall be developed as usable landscaped open space and outdoor living and recreation area.

Signs.

The provisions of Section 93.20.00 shall apply.

Access.

The provisions of Section 93.05.00 shall apply. Principal access to a recreational vehicle park shall be from a secondary or major thoroughfare. Emergency access may be permitted to any street.

Off-Street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

One trash enclosure should be provided for each 30 spaces or as approved by the planning commission.

Antennas.

The provisions of Section 93.08.00 shall apply.

Property Development Standards within the Recreational Vehicle Park.

Size of Space.

The minimum size of each RV space shall be 1,250 square feet.

Individual Space Improvements.

(a)

Each recreational vehicle space shall be provided with a parking area paved with asphalt concrete (three inches in thickness) or Portland cement concrete (six inches in thickness) for parking of vehicles.

(b)

Each recreational vehicle space shall be provided with a 120 square feet Portland cement concrete, brick or other decorative paving patio.

(c)

All areas not in hard surface shall be landscaped unless otherwise approved by the planning commission.

Distance between Recreational Vehicles and Structures.

(a)

There shall be not less than 10 feet between recreational vehicles.

(b)

Where recreational vehicle spaces are located near any permitted building, the minimum space between the recreational vehicle and such building shall be 15 feet.

Electrical Service.

(a)

Each recreational vehicle space shall be provided with electrical service.

(b)

All electrical, telephone and television services within the recreational vehicle park shall be underground.

Water Service.

Each recreational vehicle space shall be provided with a fresh water connection.

Sewer Service.

Each recreational vehicle space (except tent areas) shall be provided with a connection to an approved sanitary sewer system.

Movement of Recreational Vehicles.

Wheels or similar devices shall not be removed from recreational vehicles, nor shall any fixture be added which will prevent the recreational vehicle from being moved under its own power or by a passenger vehicle within a one hour period.

Accessory Structures.

No accessory structure shall be constructed as a permanent part of the recreational vehicle.

Access Roads.

(a)

All access roads shall be paved with asphalt concrete with a minimum thickness of three inches or Portland cement concrete with a thickness of six inches.

(b)

Access roads within the recreational vehicle park shall be paved to a width of not less than 25 feet and, if paved to a width of less than 32 feet, shall not be used for automobile parking at any time.

(c)

One-way road systems may reduce the street cross section if approved by the planning commission.

(d)

Where access roads are paved to a width of 32 feet or more, the off-street parking provisions contained in this section are waived for the number of spaces provided and marked off in the parking lane on the street. Each marked space shall conform to the parking standards defined in this Zoning Code.

(e)

Portland cement concrete pavement edge gutters or center gutters shall be installed on all access road(s) pursuant to approved grading and drainage plans.

(f)

Each recreational vehicle space shall front on an access road.

10.

Lighting.

(a)

Lighting shall be indirect, hooded and positioned so as to reflect onto the access roads and away from the recreational vehicle spaces and adjoining property.

(b)

Light standards shall be a maximum of 18 feet in height. The height of all light standards shall be measured from the elevation of the adjoining pavement of the access roads.

11.

Drainage.

(a)

The park shall be so graded that there will be no depressions in which surface water will accumulate.

(b)

The ground shall be sloped to provide storm drainage run-off by means of surface or subsurface drainage structures.

(c)

The area beneath the recreational vehicle shall be sloped to provide drainage from beneath the recreational vehicle to an outside surface drainage structure.

12.

Off-Street Parking.

(a)

Each individual RV space shall provide one parking space in addition to the RV space itself. All parking shall be provided in accordance with Section 93.06.00 (Off-street parking).

(b)

One visitor parking space shall be provided for every 10 recreational vehicle spaces in addition to parking required in subsection K,12(a) of this section.

(c)

Parking for accessory uses shall comply with Section 93.06.00(D).

13.

Park and Recreational Space.

There shall be provided a recreational area(s) having a minimum area of 200 square feet for each recreational vehicle space. Such spaces shall be consolidated into usable areas within minimum dimensions of not less than 100 feet. Open space, pool areas, game courts, etc., shall be considered recreation area.

14.

Management.

(a)

A caretaker responsible for the maintenance of the park shall reside on the premises of the park at all times when the park is occupied.

(b)

Management Storage.

All storage of supplies, maintenance, materials and equipment shall be provided within a storage area. Such storage care shall be located outside any required yard and completely screened from adjoining properties with a decorative masonry wall and landscape materials 10 feet in height.

(c)

Length of Occupancy.

The intent of the recreational vehicle park is to allow standards for the transient occupancy of recreational vehicles as defined in this Zoning Code. It is not the intent of the recreational vehicle park to circumvent standards for a residential mobilehome space. The period of time that a recreational vehicle shall occupy a recreational vehicle park as defined by this Zoning Code, shall not exceed 180 days.

15.

Sanitary Facilities:

(a)

One toilet, lavatory and shower for each sex for every 25 recreational vehicle spaces or fraction thereof shall be provided within an enclosed building.

(b)

Toilets shall be of a water flushing type.

(c)

Hot and cold running water shall be provided for lavatories and showers.

(d)

Toilet, lavatory and shower facilities shall be located not more than 300 feet from any recreational vehicle space.

(e)

Laundry Facilities.

One washing machine and dryer shall be provided for every 50 recreational vehicle spaces or fraction thereof.

(f)

Trailer Sanitation Station.

A sanitation station shall be provided to receive the discharge from sewage holding tanks of self-contained recreational vehicles.

(i)

The sanitation station shall be constructed in accordance with specifications set forth in Chapter 5 (Mobilehome Parks, Special Occupancy Trailer Parks and Campgrounds), Title 25 (Housing and Planning & Building), of the California Administrative Code.

(ii)

The sanitation station shall be located within the park in such a manner so as not to be obnoxious to the tenants of the park or and shall be set back 100 feet from adjoining residential development.

(iii)

These requirements may be modified by the planning commission should each recreational vehicle space be provided with a sewer connection

16.

Recreational Vehicle Storage Yard.

Recreational vehicle storage yards may be provided as an accessory use to a recreational vehicle park, they shall conform to the following standards:

(a)

No storage yard shall be located in a required setback area.

(b)

The area shall be graded and the surface paved with asphalt concrete with a minimum thickness of three inches or other material approved by the planning commission.

(c)

The storage yard shall be enclosed by a six foot high solid masonry wall or a six foot high chain link fence and landscaped to shield the interior of the area and the chain link fence from view on all sides. The wall or fence shall be broken only by a solid gate.

(d)

Additional landscaping may be required within the storage yard.

(e)

No sewer connection other than a standard trailer sanitation station shall be permitted within the storage yard.

(f)

Electrical connections may be provided for maintaining the air conditioners in the recreational vehicles.

(g)

RVs in the storage yard shall not be used for living purposes.

(Ord. 1799 § 2, 2011)

Application.

A conditional use permit application for a shopping center shall include an application as described in this section.

Approval.

Approval of the CUP request by the city council shall establish a two year time limit for the CUP.

Time Limits.

Requests for extensions of time shall be made pursuant to the requirements of Section 94.12.00.

Bonds.

The city council may require the posting of performance bonds to guarantee the installation of all site improvements which may include streets, paving, curbs, parking areas, landscaping, walls, lighting, sidewalks, sewers and utilities within the period of time specified by the conditional use permit. Such bond is to be posted prior to the issuance of the first building permit. Bonds shall contain a clause to allow an annual inflation cost to be added to the original bond amount.

(Ord. 1799 § 2, 2011; Ord. 1925 § 2, 2017)

Assisted living facilities and convalescent homes shall comply with the following zone provisions and conditions imposed in a conditional use permit:

Density.

The number of beds permitted in a facility shall be determined by multiplying the number of units permitted under the applicable zoning/general plan standards by the average household size for the city of Palm Springs according to the latest census figures.

Parking.

The number of off-street parking spaces shall be no less than the following, unless otherwise permitted by the planning commission:

Independent Living Facilities.

Three-quarter (3/4) primary space per unit, plus one designated guest space for each five units.

Congregate Care, Assisted Living and Board and Care Facilities.

One half primary space per bedroom, plus one space for each three employees.

Intermediate Care and Skilled Nursing Facilities.

One-quarter (1/4) primary space per bedroom, plus one space for each three employees.

Annual Review.

The operator of the facility shall submit to the city of Palm Springs, on an annual basis, a copy of the facility's current state license. The city may require review of the CUP at the time of such review to determine continued compliance with the conditions.

(Ord. 1799 § 2, 2011)

Purposes.

A conditional use permit for a commercial wind energy conversion system (WECS) is intended to regulate and provide for the installation of commercial WECS which are made feasible by the strong prevailing winds within certain areas of the city designated by the general plan. The conditions of the permit are meant to ensure that a safe and beneficial environment, for both the WECS development and the adjacent properties, is provided.

Applicability.

Commercial WECS or WECS arrays, and all other uses listed in subsection (C) of this section, are permitted in the following zone classifications; provided, the general plan designates the lot within the wind energy overlay and a conditional use permit is granted pursuant to this section:

Watercourse zone (W);

Open land zone (0-5);

Energy industrial zone (E-I);

Manufacturing zone (M-2).

Uses Permitted With a Conditional Use Permit.

Commercial WECS and WECS arrays with no limit as to rated power output;

Meteorological towers, limited to 330 feet in height or the hub height of the WECS tower, whichever is greater;

Accessory Uses.

Parcels may be used for accessory uses; provided, such uses are established on the same parcel of land, are incidental or supplemental, to a permitted use, and do not substantially alter the character of any permitted use. Accessory uses include, but are not limited to:

(a)

Storage of trucks and other vehicles;

(b)

Storage of materials, inventory, tools and machinery;

(c)

Offices and maintenance shop structures;

(d)

Caretaker dwellings; provided, no compensation is received for the use of any such dwelling and the size of such dwelling is no greater than 2000 square feet;

(e)

Overhead and underground transmission and communications lines and facilities, including transformers, substations, control rooms, switching facilities and microwave towers;

(f)

Structures necessary for the conservation and development of water resources, such as dams, pipelines and pumping facilities, and aquaculture;

(g)

Cogeneration facilities;

(h)

Solar collectors and photovoltaic panels;

(i)

Energy storage facilities;

(j)

Natural gas-fueled generation facilities.

Application.

Every application for a conditional use permit shall be made in writing to the planning commission on the forms provided by the Department and shall be accompanied by the filing fee set forth by city council resolution. Applications shall be reviewed by the planning commission for conformance with this section. The application shall include the following information:

Name and address of the applicant;

Evidence that the applicant is the owner of the property involved or has written permission of the owner to make such application;

A plot plan and development plan drawn in sufficient detail to clearly describe the following:

(a)

Physical dimensions of the property,

(b)

Location and physical dimensions of existing and proposed structures,

(c)

Location of electrical lines and facilities,

(d)

Existing topography,

(e)

Proposed grading and removal of natural vegetation,

(f)

Wind characteristics and dominant wind direction at the site. Dominant wind direction is the direction from which 50% or more of the energy contained in the wind flows,

Setbacks,

Circulation,

Ingress and egress,

Utilization of the property under the requested permit;

Utility interconnection data and a copy of written notification to the utility of the proposed interconnection;

A photograph or detailed drawing of each model of WECS including the tower and foundation; and one or more detailed perspective drawings showing the site fully-developed with all proposed WECS and accessory structures;

Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of each model of WECS;

Specific information on the type, height, material and safety of each model of tower;

A site preparation and installation schedule;

A geotechnical report;

10.

A vicinity map or aerial photograph describing the location, including distances from existing and proposed WECS, of all residences and other structures which are within one mile of any property proposed for WECS installation;

11.

Drawings which show phase spacings, configurations and grounding practices of any proposed electrical distribution lines;

12.

An application including any WECS which is located within 20,000 feet of the runway of any airport shall be accompanied by a copy of written notification to the Federal Aviation Administration;

13.

If the application includes any WECS which requires the approval of a height limit greater than that allowed in Subsection (E,1,a) (500 feet) of this section, a variance application, pursuant to Section 94.06.00 of the Zoning Code, shall be filed concurrently;

14.

An application including any WECS with a rated power output of 100 kw or larger which is located within a state-designated Alquist-Priolo Act Special Study Zone shall be accompanied by a detailed fault hazard report prepared by a California registered geologist which shall address the potential for rotor tower failure calculated for the vertical and horizontal accelerations reasonably expected on the site in the event of a design earthquake;

15.

An application including any WECS which is located within two miles of any microwave communications link shall be accompanied by a copy of a written notification to the operator of the link or evidence that no WECS are located in the microwave path;

16.

An application including any WECS which is located within a 100-year floodplain area, as such flood hazard areas are shown on the zoning map, shall be accompanied by a detailed report which shall address the potential for wind erosion, water erosion, sedimentation and flooding, and such report(s) shall propose mitigation measures for such impacts to the extent that such impacts are caused by the proposed WECS;

17.

Such additional information as shall be reasonably required by the Director.

Standard and Development Criteria.

Height Limits.

(a)

No commercial WECS shall exceed 500 feet in height, measured at the top of the blade in the "twelve o'clock position." Where unusual conditions warrant, a lower height limit may be imposed as a condition of a conditional use permit.

(b)

No other building or structure shall exceed 30 feet in height, except for meteorological towers permitted by Subsection (C,2) of this section.

Setbacks.

All commercial WECS shall meet these general setback requirements as well as the other setbacks set forth below.

(a)

No building or structure shall be located closer than 50 feet from any lot line.

(b)

No WECS shall be located closer than 1,200 feet from any residence, hotel, hospital, school, library or convalescent home unless the owner of such structure waives, in writing, the setback requirement.

(c)

Notwithstanding the 1,200 foot setback requirement specified in subsection (E,2) ("Setbacks") of this section, a lesser setback may be permitted where due to factors of topography or the characteristics of the proposed WECS project, the approving entity finds that the noise, aesthetic or other environmental impacts of the project on adjacent properties will not be any more significant than if the 1,200 foot setback were applied. In the case of the replacement of WECS, pursuant to subsection (F,3) ("Replacement") of this section, the standard for determining whether a reduction shall be approved is whether the replacement WECS will have a substantially reduced cumulative impact on surrounding property, as compared to the existing project, and whether adhering to the 1,200 foot setback will be an unreasonable economic hardship to the applicant. Wherever a setback reduction is proposed pursuant to this subsection, the setback reduction shall be included in all notices, and, if the WECS permit shall specifically state the required setback.

Safety Setbacks.

(a)

No commercial WECS shall be located where the center of the tower is within a distance of 1.1 times the total WECS height from any above-ground electrical transmission line of more than 12 kV.

(b)

No commercial WECS shall be located where the center of the tower is within a distance of 1.1 times the total WECS height from any public highway or road, railroad or off-site building. The setback herein specified shall be measured from the boundary of the public right-of-way or railroad right-of-way.

(c)

No commercial WECS shall be located where the center of the tower is within a distance of 1.1 times the total WECS height from any lot line. No commercial WECS shall be located where the center of the tower is within 500 feet or 1.1 times the total WECS height from any lot line of a lot which contains a dwelling, whichever is greater.

(d)

Notwithstanding the provisions of subsections (E,3,b) and (E,3,c) ("Safety Setbacks") of this section, the setbacks therein specified may be reduced to less than 1.1 times the total WECS height if the planning commission determines that the topography of, or other conditions related to, the adjacent property or right-of-way eliminates or substantially reduces the potential safety hazards. Whenever a setback reduction is proposed pursuant to this subsection, the setback reduction shall be included in all notices regarding the conditional use permit, and, if granted, the conditional use permit shall specifically state the required setback.

Wind Access Setbacks.

(a)

No commercial WECS shall be located where the center of the tower is within a distance of five rotor diameters from a lot line that is perpendicular to and downwind of, or within 45 degrees of perpendicular to and downwind of, the dominant wind direction.

(b)

Notwithstanding the provisions of subsection (4,a) (Wind access setbacks) of this section, such setbacks from lot lines do not apply if the application is accompanied by a legally enforceable agreement or waiver for a period of 25 years or the life of the permit that the adjacent landowner agrees to the elimination of the setback, or if the planning commission determines that the characteristics of the downwind property eliminate the ability to develop said downwind property with commercial WECS.

Scenic Setbacks.

(a)

No commercial WECS shall be located where the center of the tower is within 1,315 feet (one-quarter (¼) mile) of State Highway 62 and of that portion of Interstate 10 between State Highway 62 and the Whitewater River, commonly known as the Whitewater Grade.

(b)

No commercial WECS shall be located where the center of the tower is within 500 feet of Indian Canyon Drive/Indian Avenue.

(c)

No commercial WECS shall be located where the center of the tower is within 500 feet of Interstate 10, except as specified in subsection (5,a) ("Scenic Setbacks") of this section.

(d)

No commercial WECS shall be located where the center of the tower is within 3,472 feet (2/3 mile) of State Highway 111.

(e)

No commercial WECS shall be permitted south of State Highway 111.

(f)

No commercial WECS shall be located where the center of the tower is within 1.1 times the total WECS height from Dillon Road.

(g)

The setbacks specified in the subsections above shall be measured from the nearest boundary of the public right-of-way.

(h)

Notwithstanding the provisions of the subsections (5) ("Scenic Setbacks") of this section, the setbacks therein specified may be reduced if the planning commission determines that the characteristics of the surrounding property eliminate or substantially reduce considerations of scenic value. Whenever a setback reduction is proposed pursuant to this subsection, the setback reduction shall be included in all notices regarding the conditional use permit, and, if granted, the conditional use permit shall specifically state the required setback.

Safety and Security.

(a)

Fencing, or other appropriate measures, shall be required to prevent unauthorized access to the WECS or WECS array.

(b)

Guy wires shall be distinctly marked.

(c)

Signs in English and Spanish warning of the electrical and other hazards associated with the WECS shall be posted at the base of each tower and at reasonable intervals on fences or barriers.

(d)

Horizontal-axis WECS.

The lowest extension of the rotor of a horizontal-axis WECS shall be at least 25 feet from the ground.

(e)

Vertical-axis WECS.

A fence or other barrier shall be erected around a vertical-axis WECS whose rotors are less than 15 feet from the ground.

Seismic Safety.

(a)

All WECS shall comply with the requirements of the applicable seismic zone of the Uniform Building Code or with the seismic design recommendation in an approved geotechnical report on the project.

(b)

Control facilities for commercial WECS or WECS arrays shall not be located within 660 feet of any fault within a state-designated Alquist-Priolo Act Special Studies Zone.

Fire Protection.

Upon recommendation of the city fire department, commercial WECS and WECS arrays may include fire control and prevention measures including, but not limited to, the following:

(a)

Fireproof or fire-resistant building materials;

(b)

Buffers of fire-retardant landscaping;

(c)

An automatic fire-extinguishing system;

(d)

Fire breaks.

Interconnection and Electrical Distribution Facilities.

Interconnection shall conform to procedures and standards established by the California Public Utilities Commission.

10.

Unsafe and Inoperable WECS.

(a)

Whenever any existing commercial WECS are modified, or any new commercial WECS are installed, any commercial WECS on the site which are unsafe, inoperable or abandoned or for which the permit has expired shall be removed by the owner or brought into compliance with the provisions of this section. All safety hazards created by the installation and operation of the WECS shall be eliminated. Whenever the operation of any WECS is eliminated, the site shall be restored to its condition prior to installation. A bond, in an amount approved by the Director, or other appropriate form of security, in a form approved by the city attorney, may be required to cover the cost of removal and site restoration.

(b)

Every unsafe or inoperable commercial WECS and every commercial WECS which has not generated power for 12 consecutive months is declared to be a public nuisance which shall be abated by repair, rehabilitation, demolition or removal. The appropriate abatement method shall be determined by the Director based upon the cost of abatement and the degree to which the WECS will meet the requirements of this section following abatement. A commercial WECS which has not generated power for 12 consecutive months shall not be considered a public nuisance; provided, the owner can demonstrate that modernization, rebuilding or repairs are in progress or planned and that a good faith effort is being made to return the WECS to service at the earliest practical date. If a commercial WECS does not deliver power as a result of a curtailment whereby power is not accepted by the contracted utility, the period of curtailment shall be added to the minimum period defined above.

11.

Interference with Navigational Systems.

No commercial WECS shall be installed which do not comply with Federal Aviation Administration regulations for siting structures near an airport or VORTAC installation.

12.

Site Disruption.

Prior to the issuance of building permits for a commercial WECS development, all areas where significant site disruption is proposed shall be temporarily marked off. All construction activities shall be limited to the areas marked off.

13.

Certification.

(a)

The foundation, tower and compatibility of the tower with the rotor and rotor-related equipment shall be certified in writing by a structural engineer registered in California that they conform with good engineering practices and comply with the appropriate provisions of the Uniform Building Code that have been adopted by the city.

(b)

The electrical system shall be certified in writing by an electrical engineer, registered in California, that it conforms with good engineering practices and complies with appropriate provisions of the National Electrical Code that have been adopted by the city.

(c)

The rotor overspeed control system shall be certified in writing by a mechanical engineer, registered in any state, that it conforms to good engineering practices.

14.

Noise.

A commercial WECS or WECS array shall not be operated inconsistent with the provisions of Chapter 11.74, (Noise ordinance) of the Palm Springs Municipal Code.

15.

Electrical Distribution Lines.

(a)

To the extent economically prudent, as determined by the planning commission, electrical distribution lines on the project site shall be undergrounded up to the low voltage side of the step-up transformer or to the utility interface point of an on-site substation.

(b)

Any electrical distribution line of less than 34 kV, not subject to the jurisdiction of the California Public Utilities Commission, which is located within one mile of State Highways 62 and 111, or within one mile of the portion of Interstate 10 commonly known as the Whitewater Grade (between State Highway 62 and the Whitewater River) shall be installed underground if such installation is feasible, as determined by the Director.

(c)

Electrical distribution lines shall be governed by the latest edition of "Suggested Practices for Raptor Protection on Powerlines" on file with the Bureau of Land Management. Use of this information should be made to design the proposed facilities with proper grounding, phase spacing and configuration such that it will prevent, to the best of the design engineer's ability, the electrocution of raptors. The use of designs other than those included in "Suggested Practices" that are, in the opinion of the Director, raptor safe, shall be permitted in public rights-of-way. The cost of such alternate designs shall be at the applicant's expense.

16.

Monitoring.

(a)

Upon reasonable notice, and subject to the applicant's safety and security procedures, city officials or their designated representatives may enter a lot on which a conditional use permit has been granted for the purpose of monitoring noise and other environmental impacts. Twenty-four hours advance notice shall be deemed reasonable notice.

(b)

The holder of a conditional use permit shall report to the Department all dead birds found within 500 feet of a WECS and all sightings of the Coachella Valley Fringe-Toed Lizard on the WECS site.

(c)

The holder of a conditional use permit may be required to submit periodic monitoring reports containing data on the operations and environmental impacts.

(d)

A toll-free telephone number shall be maintained for each commercial WECS project and shall be distributed to surrounding property owners to facilitate the reporting of noise irregularities and equipment malfunctions.

17.

Time-Related Conditions.

Where no operating data for the proposed turbines is available, the granting of a conditional use permit may be conditioned upon the installation and operation of one or more WECS for a period not to exceed six months in order to demonstrate performance characteristics of the WECS. If such a monitoring condition is imposed, the permit shall specify the standards which must be met in order to continue development. If a standard is not being met at the expiration of the required monitoring period, the applicant and the city may agree to an extension. The time within which the permit must be used shall be extended for the period of required monitoring.

18.

Development Impacts.

A one-time or periodic fee and a requirement to provide public works or services may be imposed as a condition of a conditional use permit. Such exactions must be related to the public need created by the wind energy development. The purposes for which the permit exaction may be used include, but are not limited to, providing roads required by the wind development and establishing and operating a monitoring system.

19.

Signs.

No advertising sign or logo shall be placed or painted on any commercial WECS. Unless otherwise approved by the planning commission, the conditional use permit may permit the placement of no more than one project identification sign relating to the development on the project site, but no such sign shall exceed 50 square feet in surface area or eight feet in height.

20.

Color and Finish of WECS.

All commercial WECS shall be either light environmental colors (such as off-white, gray, beige or tan) or darker fully-saturated colors (such as dark blue or green, maroon or rust red) or galvanized. All commercial WECS shall have a matte or galvanized finish unless the Director determines that such finish adversely affects the performance of the WECS or other good cause is shown to permit any other finish.

21.

Contingent Approval.

A commercial WECS may be granted subject to necessary approvals from the Federal Aviation Administration or other approving authorities.

22.

General Conditions.

The city may impose conditions on the granting of a conditional use permit in order to achieve the purposes of this Zoning Code and the general plan and to protect the health, safety or general welfare of the community.

23.

Notification.

Upon approval of a conditional use permit, the city shall provide written notice to the California Public Utilities Commission, the California Energy Commission and the concerned utility.

Use of Permit.

Any conditional use permit that is granted shall be used within two years from the effective date thereof or within such additional time as may be set in the conditions or approval, which shall not exceed a total of four years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than four years, the permittee may, prior to its expiration, request an extension of time pursuant to Section 94.12.00 in which to use the permit. An extension of time may be granted by the commission upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time period allowed for use of the permit shall not exceed a period of four years, calculated from the effective date of the issuance of the permit. The term "use" shall mean the beginning of substantial construction or commencement of the use that is authorized, which construction must thereafter be pursued diligently to completion.

Life of Permit.

A conditional use permit shall be valid for the useful life of the WECS included in the permit. The life of the permit shall be determined at the time of approval and shall not exceed 30 years.

Replacement.

(a)

Individual commercial WECS which have been installed pursuant to a conditional use, or other WECS, permit may be replaced with approval of a land use permit provided the replacement WECS meets all of the following:

(i)

The replacement blade length does not increase or decrease by more than 30%; and

(ii)

The overall height of the individual commercial WECS remains at 300 feet or less; and

(iii)

The individual commercial WECS remains in conformance with the other standards listed in subsection (E) of this section.

Such determination shall be made by the Director according to Section 94.02.01 (Land use permits).

(b)

WECS arrays which have been installed pursuant to a conditional use, or other WECS, permit may be replaced with approval of a land use permit; provided, two or more individual WECS shall be removed for each replacement WECS installed and the replacement WECS array meets all of the following:

(i)

The replacement blade length for each individual commercial WECS does not increase or decrease by more than 30%; and

(ii)

The overall height of each individual commercial WECS remains at 300 feet or less; and

(iii)

The individual commercial WECS remains in conformance with the other standards listed in subsection (E) of this section.

Such determination shall be made by the Director according to Section 94.02.01 (Land use permits).

(c)

WECS replacements not meeting the criteria above require approval of a subsequent conditional use permit.

(d)

Any WECS on which the cost of alteration, restoration, repair or rebuilding in a 12 month period exceeds 75% of the replacement cost and shall be subject to subsections (E,3,a) through (E,3,c) ("Safety Setbacks") of this section.

(e)

Existing WECS, upon adoption of this section, shall be considered to hold a valid conditional use permit under the conditions by which such WECS was originally approved; such WECS shall not be considered nonconforming by virtue of the provisions of this section.

Revocation or Voiding of Conditional Use Permit.

The council, with or without a recommendation from the planning commission, may, after notice and public hearing, revoke any conditional use permit for noncompliance with any of the conditions set forth in granting the permit.

Notice.

(a)

Notice shall be mailed to the record owner and lessee of the subject property not less than 20 days prior to holding a public hearing. Such notice shall state the complaint and shall request appearance of such owner and lessee at the time and place specified for the hearing to show cause why the permit should not be revoked.

(b)

Notification of property owners shall be given as provided in Section 94.02.00(B)(4).

Within 10 days after the public hearing, the council may by resolution, revoke or modify the conditional use permit. After revocation, the subject property shall conform to all regulations of the zone in which it is located according to a time schedule determined by the city council.

If the time limit for development expires and development has not commenced, or the use permitted by the conditional use permit does not exist or commenced, the conditional use permit shall be considered void. No notice need be given nor hearing held. An extension of time may be approved pursuant to the requirements of Section 94.12.00.

Termination of a use granted herein for a period of one calendar year shall terminate the use rights granted without further notice or public hearing. An extension of the time limit may be approved by the planning commission, or the city council, upon written request by the applicant and a showing of good cause.

Reapplication.

Application may not be made for a similar conditional use permit on the same land, building or structure within a period of six months from the date of the final decision on such previous application unless such decision is a denial without prejudice.

Existing Permits.

Any conditional use permit granted pursuant to any zoning ordinance enacted prior to the effective date of this Zoning Code shall be construed to be a conditional use permit under this Zoning Code subject to all conditions imposed in such permit. Such permit may, however, be revoked or voided as provided in Section 94.02.00(I) above.

(Ord. 1294, 1988; Ord. 1307, 1988; Ord. 1347, 1990; Ord. 1418, 1992; Ord. 1472, 1994; Ord. 1500, 1995; Ord. 1502, 1995; Ord. 1511, 1995; Ord. 1551, 1998; Ord. 1553, 1998; Ord. 1590 § 23, 2000; Ord. 1799 § 2, 2011; Ord. 1925 §§ 3, 4, 2017; Ord. 1992 § 2, 2019; Ord. 2031 §§ 54, 55, 2020)

Purpose.

The purpose of this section is to regulate the height and placement of antennas which are located outside of buildings and which can be seen from public streets and neighboring properties. The value of antennas is recognized and it is not the purpose of this section to prohibit their use through undue restrictions; however, it should be recognized that the uncontrolled installation of outside antennas can be detrimental to the appearance of a neighborhood and to the city of Palm Springs and is contrary to the city's policy of requiring utilities to be installed underground. Therefore, in considering the welfare of the citizens and property owners of the city of Palm Springs, the city council finds it desirable and necessary to regulate the height and location of antennas, and the following regulations are determined to be imperative.

Definitions.

As used in Subsections under 93.23.08, the following terms are defined in this section:

"Antenna"

means a device for radiating and/or receiving radio waves.

"Antenna structure"

refers collectively to an antenna and its supporting mast, if any.

"Array antenna"

means an antenna consisting of two or more radiating elements, generally similar, which are arranged and excited in such a manner as to obtain directional radiation patterns. It includes any structural members which are necessary to maintain the proper electrical relationships between the radiating elements, but does not include the mast or other structure used to support the array as a whole, nor does it include the transmission line which supplies energy to or receives energy from the array as a whole.

"Broadcast receiving antenna"

means an outside antenna used for the reception of signals transmitted by stations licensed by the Federal Communications Commission in the radio broadcast services, including AM, FM and TV.

"Building inspector"

means the director of planning and building of the city of Palm Springs, or any of his authorized assistants.

"Collinear antenna"

means a linear array in which the radiating elements are disposed end-to-end in a substantially straight vertical line.

"Commercial communications antenna"

means a telecommunications antenna designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC). The commercial communication antenna shall not include amateur radio operators' equipment, as licensed by the FCC, or home satellite/television antennas.

"Dipole"

means a driven element in the form of a conductor approximately one-half (½) wavelength long, split at its electrical center for connection to the transmission line feeding the antenna.

"Director element"

means a parasitic element located forward of the driven element of an antenna, intended to increase the directive gain of the antenna in the forward direction.

Dish antenna.

See "Parabolic antenna."

"Driven element"

means a radiating element coupled directly to the transmission line feeding the antenna.

"Inverted-v antenna"

means an antenna consisting of a single dipole constructed of wire and supported at the center and ends in such a manner as to form an inverted "V" in a vertical plan.

"Linear array"

means an array antenna having the centers of the radiating elements lying along a straight line.

"Mast"

means a pole of wood or metal, or a tower fabricated of metal, used to support a broadcast receiving antenna or a communications antenna and maintain it at the proper elevation.

"Parabolic antenna"

means an antenna consisting of a driven element and a reflector element, the latter having the shape of portion of a paraboloid or revolution.

"Parasitic element"

means a radiating element which is not directly coupled to the transmission line feeding the antenna. It includes director elements and reflector elements.

"Radiating element"

means a basic subdivision of an antenna which in itself is capable of effectively radiating or receiving radio waves. It includes driven elements and parasitic elements.

"Reflector element"

means a parasitic element located in a direction other than forward of the driven element of an antenna, intended to increase the directive gain of the antenna in the forward direction.

"Whip antenna"

means an antenna consisting of a single, slender, rod-like driven element, less than one wave-length long, which is supported only at its base and is fed at or near its base. It may include at its base a group of conductors disposed horizontally, or substantially so, forming an artificial ground-plane.

"Yagi antenna"

means a linear array in which the radiating elements are parallel to each other and are disposed along and perpendicular to a single supporting boom. The plane of the radiating elements may be vertical or horizontal.

Regulations.

Plans and Permits.

It is unlawful for any person to erect or cause to be erected within the city of Palm Springs any outside antenna without first submitting plans for such antenna to the director of planning and building for approval. The director of planning and building shall issue a permit for the erection of an antenna complying with the provisions of this section, and the permit fee shall be such amount as has been prescribed by resolution of the city council. The permit procedure shall be for the purpose of insuring that an antenna is installed in conformance to requirements of this section and in a location and manner which will not be detrimental to surrounding properties. The director of planning and building shall be guided by the following standards in the approval of the antenna plans:

Broadcast Receiving Antennas.

Permissible Types: Broadcast receiving antennas may be of any type.

Maximum Allowable Dimensions.

Broadcast receiving antennas may be of any size compatible with the height limitations hereinafter prescribed.

Height and Placement Limitations.

The following limitations shall apply to broadcast receiving antennas in all areas in the city of Palm Springs:

(i)

Whip Antennas.

If the antenna is mounted on a building, the lower extremity of the driven element shall be located not more than three feet above the surface of the roof, directly beneath the antenna. If the antenna is not mounted on a building, the lower extremity of the driven element shall be located not more than 12 feet above ground level, or within any required yard except as permitted by Section 94.06.01.

(ii)

Other Antennas.

If the antenna is mounted on a building, no part of the antenna structure shall extend to a height of more than six feet above the surface of the roof directly beneath the antenna, unless screened from view. If the antenna is not mounted on a building, no part of the antenna structure shall extend to a height of more than 15 feet above ground level nor shall it be located within any required yard except as permitted by Section 94.06.01.

Communication Antennas.

Permissible Types.

The use of communications antennas shall be restricted to the following types:

Whip antennas;

Inverted-V antennas;

Collinear antennas;

Yagi antennas;

Parabolic antennas.

Maximum Allowable Dimensions.

Dimensions of the several allowable types of communications antennas shall be limited as follows:

(i)

Whip Antennas.

The antenna may be of any size compatible with the height limitations hereinafter prescribe.

(ii)

Inverted-V Antennas.

The radiating element may be of any size compatible with the height and placement limitations hereinafter prescribed.

(iii)

Collinear Antennas.

The antenna may be of any size compatible with the height limitations hereinafter prescribed.

(iv)

Yagi Antennas.

The length of the single boom supporting the radiating elements shall not exceed 20 feet. The length of the longest radiating element shall not exceed 30 feet.

Height and Placement Limitations.

The following limitations shall apply to the several allowable types of communications antennas in the indicated areas of the city of Palm Springs:

(i)

Areas Zoned M-1.

In areas zoned M-1, no part of the antenna structure shall extend to a height of more than 60 feet above ground level.

(ii)

Commercial and Professional Zones.

The provisions governing broadcast receiving antennas shall apply.

(iii)

Other Areas.

In areas other than those zoned M-1, commercial or professional, not more than one communications antenna shall be permitted on a property, except that two antennas shall be permitted on a property if one of the two antennas is a whip antenna. No part of the antenna structure shall extend to a height of more than 25 feet above the highest point of the roof of the principal building on the property. The mast supporting the antenna, or supporting the center of the an-tenna in the case of an inverted-V antenna, shall be of the self-supporting type, without guy wires. The maximum cross-sectional dimension of the mast shall not at any point along the axis of the mast exceed 15 inches, plus 1/3 inch for each foot of distance between such point and the top of the mast. The director of planning and building may, in approving a permit for the antenna, require the mast to be painted in such a manner as to render it less conspicuous. The location of the antenna on the property shall be such as to screen the antenna as much as possible from view from surrounding properties and streets, and the director of planning and building may, in approving a permit for the antenna, require additional landscaping to be provided for screening purposes. If the antenna structure (or, in the case of a whip antenna, that portion of the antenna structure below the base of the driven element) is screened by buildings or vegetation so that it is not visible to a person standing anywhere on adjacent property or standing anywhere in the same block on the closest street in any direction, the foregoing height limitations shall not apply. Antennas, exceeding six feet in height, shall not be located within required setback areas, except in accordance with Section 94.06.01.

(iv)

Commercial Communication Antennas.

A communication antenna in which the means for transmitting or receiving communications do not have a visual impact on the immediate area as determined by the director of planning and building are subject to Section 94.04.00 (Architectural review). These facilities shall be of a scale consistent with surrounding structures and shall be incorporated into the overall architectural design of the structures and/or the site. Commercial communication antennas that may have a visual impact in the surrounding area as determined by the director of planning and building shall be subject to Section 94.02.00 (Conditional use permit).

Variances.

Pursuant to the procedure set forth in Section 94.06.01 of the Zoning Code, the director of planning and building may grant variances to the above-specified limitations. In cases involving applications for height limit variances, no such variance shall be granted unless the director makes one of the following findings in addition to those required in Section 94.06.01.

For Broadcast Receiving Antennas.

That in the area involved, reception is adversely affected by obstructions, and no qualified installer will be able to make a satisfactory installation within the specified height limitations;

For Communications Antennas.

That in the area involved, transmission or reception is adversely affected by obstructions and, as verified by at least one person holding a valid radio-telephone first-class operator's license issued by the Federal Communications Commission, it is not feasible to achieve and maintain satisfactory communications within the specified height limitations.

Exceptions.

Nothing contained in this section shall prevent the installation and maintenance of antennas necessary for the operation of public authorities for the protection of the health, safety and welfare of the community. Plans for such antennas shall be reviewed by the director of planning and building before installation.

Authority to Inspect.

A building inspector is empowered to inspect or re-inspect any antenna installation for violation of this code and, if such installation is found in violation, shall notify the person owning or operating such antenna and require the correction of the condition within 48 hours.

Failure to Correct.

Failure to correct violations within the time specified in Section "F" above shall subject the violator to the penalties provided in Section 1.01.140 through 1.04.165 inclusive of the Palm Springs Municipal Code.

(Ord. 1294, 1988; Ord. 1347, 1990; Ord. 1551, 1998; Ord. 1553, 1998; Ord. 1799 § 2, 2011)

[1]

(Editorially amended during codification; Ord. 1294, 1988)

Fall-out shelters shall be permitted in all zone districts within the city, subject to the requirements found in this section.

Fall-out shelters located in the residential zone districts on a minor street, when the shelter is located entirely below the level of the ground, shall be located a minimum of five feet from the property line or five feet from the street right-of-way line, whichever requires the greater setback. Setbacks for shelters in front yards, or street side yards, on other than a minor street may be increased by the public works department to suit future street improvements.

Front yard and street side yard shelter requirements.

When a fall-out shelter is located in any front yard or any side street yard, the vents, shelter doors or other projections above the level of the ground shall be located a minimum of 15 feet from the front or street side yard property line. All vents shall be concealed from the street by landscaping. When the shelter door, or any part of the structure other than the vents, is more than 18 inches above the ground level, then that part above ground level shall receive architectural approval from the architectural advisory committee prior to erection of the structure.

Attachment to a building.

When a fall-out shelter is located above the ground and attached to the main dwelling or building, it shall meet all zoning requirements of the main building.

Accessory shelter.

When a fall-out shelter is located above the ground in a structure detached from the main building, it shall meet all zoning requirements of the main building or guest house.

(Ord. 1294, 1988; Ord. 1799 § 2, 2011)

Ordinary day care in the home, of nonresident children needing supervision by reason of their youth, shall be permitted only when listed in a zone as a principal permitted use, land use or as a conditional use. Where listed as a conditional use, no such use shall be made unless there is approved and in full force and effect a conditional use permit, as provided in Section 94.02.00. Where listed as a land use, no such use shall be made unless the following requirements are and have been met.

Permit required.

No such use shall be established or maintained until there has been issued and there is in full force and effect a land use permit therefore issued by the director of planning and zoning. Application for any such permit shall be in such form and shall provide such information as is required by the director as is deemed necessary to process the application. In addition to obtaining a local permit, the use shall be carried on pursuant to state and county licensing procedures.

Hearings and conditions.

The director shall afford the applicant the opportunity for a due-process hearing before denying any such application or imposing any condition not agreed to in writing by the applicant. Conditions may be imposed which the director deems necessary in order to protect the peace, health, safety or welfare of other persons in the vicinity or of the general public, but he may deny a permit only in a case where he finds that the issuance thereof, even with conditions and restrictions, would be unduly detrimental to the peace, health, safety or welfare of other persons or properties, private or public, in the vicinity, or to the public interest.

Revocation of permits.

The planning commission or the director of planning and zoning in the case of land use permits, shall have the power and authority to revoke any permit issued pursuant hereto at any time when it is found, after due-process hearing, that:

The conditions imposed in connection with such permit have been violated or not adhered to; or

There exists any state of facts which would have been good reason to deny issuance of the permit when applied for regardless of when such state of facts arose; or

The protection of the peace, health or safety of any person or the general public, or the protection of the rights of any person to peaceable and unmolested enjoyment of his property, requires such revocation; or

The activities for which the permit was issued have substantially exceeded those represented at the time of application, or the activity has been conducted in violation or noncompliance with any applicable law or regulation.

Appeals.

Any decision of the director hereunder may be appealed to the planning commission per the procedure, as applicable, prescribed in Section 94.02.00(D). Any decision of the planning commission hereunder may be appealed to the city council according to the procedure provided by Chapter 2.05 of the Palm Springs Municipal Code.

(Ord. 294, 1988; Ord. 1294, 1988; Ord. 1799 § 2, 2011)

Definitions.

For the purposes of this section, a "time-share project" is one in which time-share rights or entitlement to use or occupy any real property or portion thereof has been divided as defined in Section 3.24.020(7) of the Palm Springs Municipal Code into 12 or more time periods of such rights or entitlement.

Zones in Which Permitted—Conditional Use Permit Required.

A time-share project shall be permissible only in such zones and at the locations therein where a hotel use would be permitted as hereinafter provided. Unless otherwise provided elsewhere in this Zoning Code, the zones in which such projects are permissible are the R-3, R-4, R-4VP, C-B-D, C-1, C-1AA and C-2 zones. Time-share projects shall be permissible in the G-R-5 and R-2 zones whenever the subject site in either zone is located fronting on a major or secondary thoroughfare as indicated on the city's general plan. No time-share project, use of occupancy shall be permitted in a planned development district unless expressly shown or described on the approved development plan for such district. No time-share project shall be allowed in any case wherein condominium by-laws, or covenants, conditions and restrictions expressly prohibit time-share uses. No time-share project shall be allowed in an "A" zone.

Application for Time-share Project Approval.

An applicant for approval of a proposed time-share project shall submit a complete application on a form as prescribed by the Department, in addition to any other application information or forms that may be necessary in the particular case.

Transient Occupancy Tax Applicable.

All time-share projects shall be subject to the provisions of Chapter 3.28 of the Palm Springs Municipal Code.

Time-share Conditional Use Permit.

In addition to other considerations of the conditional use permit for a time-share project, the following shall apply:

In the event an existing condominium project is proposed to be converted to a whole or partial time-share project, a verified description or statement of the number and percentage of the current condominium owners desiring or consenting to the proposed conversion of some or all of the units to a time-share basis shall be submitted. Also in such instance, there shall be submitted a verified statement of the number and percentage of owners who have received notification, either personally (proof by signature of the recipient or witness) or by receipted certified U.S. mail, that application to so convert the project would be submitted to the commission.

The commission may approve or deny an application for conditional use permit for a time-share project, in accordance with the general provisions regarding findings and conditions in Section 94.02.00. No application shall be approved unless, among other considerations, it appears that more than 50% of the owners of condominium units (not including those owned by the applicant and/or developer or any person or entity affiliated therewith) have received notification, either personally or by receipted certified U.S. mail as referred in subsection (E)(1) of this section. The commission may impose such conditions as it determines are necessary to protect the public safety, health, peace and welfare. Each use permit shall be issued with a condition attached that no time-share rights or entitlement shall be sold or offered for sale unless, at such time, there then exists a valid final subdivision public report for the sale of such time-share rights or entitlement, issued by the Department of Real Estate of the state of California. In determining whether, and under what conditions to issue any such conditional use permit, the commission, among other things, may consider:

The impact of the time-sharing project on transient or permanent rental stock;

The impact of time-sharing on present and future city services;

Nonconformity with current zoning regulations and the general plan, and reasonable conditions to eliminate same;

Nonconformity with existing uniform building and fire codes and reasonable conditions to eliminate same;

The sign program proposed for the project;

The landscaping proposed for the project;

Traffic circulation and parking;

The applicant's description of the methods proposed to be employed to guarantee the future adequacy, stability and continuity of a satisfactory level of management and maintenance of the time-share project;

The desirability of requiring an office of the managing agent or agency be located locally or on-site, as appropriate;

Any other factors deemed relevant and any other information which the commission or the applicant considers necessary or desirable to an appropriate and proper consideration of the application.

Appeals.

The provisions of Chapter 2.05 of the Palm Springs Municipal Code shall apply.

Exceptions.

This Zoning Code shall not affect time-share projects for which approved permits from the State Department of Real Estate have been issued prior to October 16, 1980, or projects in which units have been lawfully sold or offered for sale to the public prior to October 16, 1980.

Severability.

If any section, subsection, sentence, clause or phrase of this Zoning Code is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Zoning Code.

(Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1799 § 2, 2011; Ord. 2031 § 56, 2020)

Purpose.

The specific purposes of this section are to implement general plan goals and policies; to provide sufficient hotel rooms to support the use of the city's convention and conference center facilities; to protect the residential housing supply; to assure that condominium hotel projects are conditioned upon development approval in such a way as to ensure appropriate public health, safety, welfare and land use classifications and standards; to mitigate po-tential impacts of condominium hotels on traffic congestion, parks, and recreation, air quality, building design and safety, police, fire and emergency services; to assure the provision of other adequate public facilities; to provide hotel and resort hotel developers flexibility in the financing of new hotel and resort hotel projects; to prohibit conversion of existing hotels and resort hotels to condominium hotels; and to provide the city with appropriate regulation of licensing, taxation, operation, and ownership.

Zones in Which Condominium Hotels are permitted—Conditional Use Permit Application Required.

A condominium hotel shall be permissible only in such zones and at such locations therein where a hotel use, or resort hotel use would be permitted. Before an application for a condominium hotel may be approved, a Conditional Use Permit application shall be prepared and adopted for the property on which the condominium hotel will be located and shall include a comprehensive land use plan that complies with the goals and policies of the general plan and the requirements of this section. The Conditional Use Permit application shall include such components and elements necessary or appropriate to ensure the provision of services and improvements and the payment of fees, charges, and/or assessments to offset any negative or adverse financial or fiscal effects on the city or the city's ability to provide services to the project, neighboring properties, and the city as a whole. In approving a Conditional Use Permit for a condominium hotel, the planning commission may impose reasonable conditions of approval. A tentative tract map may also be submitted for approval with the Conditional Use Permit application.

Findings Required.

In approving a Conditional Use Permit for a condominium hotel, the planning commission shall make the following findings in addition to those specified in Section 94.02.00 of this Code:

CC&Rs and/or other documents satisfactory to the Director and city attorney will be recorded to ensure the long term maintenance and operation of the condominium hotel in accordance with this chapter and the terms of any permits or approvals issued for the condominium hotel and to provide notice to future purchasers of the city's right to enforce the CC&Rs and/or other documents, this chapter, and the terms of any permits or approvals issued for the condo-hotel.

The proposed condominium hotel does not involve the conversion or the replacement of a hotel, resort hotel, or hotel or resort hotel units, constructed on or before July 1, 2007.

Condominium Hotel Regulations.

It is the intent of this section to ensure that condominium hotels are operated and governed in substantially the same manner as hotels and or resort hotels. The provisions of this section are designed to protect and preserve the density requirements mandated in districts where hotels and resort hotels are allowed, as well as preserving future land uses for short term transient accommodations made available to the general public, visitors, and tourists. The regulations in this section are intended to ensure that the land use and business operation of condominium hotels remain an exclusively commercial enterprise. The provisions of this section are in addition to the regulations relating to hotel or resort hotel development found elsewhere in the Zoning Code.

All units in a condominium hotel may be used only for short term transient accommodations.

Licensing will be required of all condominium hotels through all applicable state and local agencies. All licenses must be kept current.

A unified management operation shall be required as an integral part of the condominium hotel for all activities.

There shall be a lobby/front desk area where all guests and condo hotel unit owners must register with the hotel operator upon arrival and departure, as in a hotel or resort hotel.

There shall be a uniform key entry system operated by the condominium hotel manager to receive and disburse keys for each condominium hotel unit.

There must be one central telephone system operated by the condominium hotel manager in order to access each condominium hotel unit.

All condo hotel units shall be subject to the provisions of Chapter 3.28 of the Palm Springs Municipal Code relating to the imposition and collection of transient occupancy taxes. Each condo hotel owner that allows the rental of his or her condo hotel unit, either individually, through a rental agent, or through participation in a rental program, is subject to the provisions of Chapter 3.28 of the Palm Springs Municipal Code. The per diem transient occupancy tax constitutes a lien by the city of Palm Springs and the city has the right but not the duty to foreclose on a condo hotel unit for non-payment of taxes due.

Use of a condo hotel unit arising out of an exchange program with an affiliated hotel property or the redemption of brand-related rewards or loyalty points shall be subject to transient occupancy tax per Municipal Code Chapter 3.28 based on the equivalent daily rental value for that room exchanged free of charge or otherwise reduced in the program. Such use shall not be considered personal use by the condo-hotel owner.

Condo hotel units shall not be used for homesteading purposes, home occupational licensing, voter registration or vehicle registration.

10.

As a commercial use, condominium hotels are to be entitled under the hotel land use standards in any zone that allows the development of a hotel or resort use; included in these standards are density, parking standards, payment of in-lieu park fees ("Quimby" fees), and assessment of the public safety community facilities district.

11.

Nothing in this section allows for the creation of time-share or fractional interests in any condo hotel unit.

12.

All condominium hotels must have approved signage viewable by the general public designating the property as a hotel or resort hotel.

13.

A condo-hotel unit may be used for personal use of the condo-hotel unit owner. Such personal use shall not exceed 75 days in any consecutive 12 month period nor shall a condominium hotel unit be occupied by a condo-hotel unit owner for more than 28 consecutive days. Owners may delegate their right of use and occupancy directly or through an exchange program. At all other times, units shall be used for short term transient occupancy purposes only. If a condo hotel owner exceeds the 75 days of personal use restrictions described in this subsection, the owner shall be subject to an assessment for each day in excess thereof payable to the city in an amount as the council may adopt and amend by resolution or as may be otherwise addressed as a condition of approval at the time of the planned development district approval.

14.

Each condo-hotel unit owner, the owners' association, and condominium hotel manager or any other rental entity shall maintain and regularly make available to city such information, books, records, and documentation, and also shall allow reasonable access to individual units, as the city finds necessary to have or review in order to ensure that city may determine the condominium hotel's compliance with this section and other applicable city laws, regulations, project conditions, and mitigation measures. The original and every subsequent condominium hotel manager or other rental entity renting condo-hotel units shall immediately advise the Director of its name, qualifications, address, telephone number, and the name of a contact person.

15.

Any change or amendment to the CC&Rs shall require the approval of the Palm Springs city council.

16.

An owners' association shall be established to govern, maintain, and operate the condominium hotel and its services including, but not limited to, housekeeping for all public areas (including lobby and hallways), front desk, concierge services, and other hospitality services as provided in a hotel or resort hotel and in accordance with CC&Rs satisfactory to the city. The CC&Rs, as well as other relevant documents, shall require all portions of the condo-hotel including, but not limited to, landscape and open space areas; lobby; hallways; parking; banquet/ballroom facilities; conference; restaurant; retail; parking; recreational; and spa facilities; and other amenities and improvements (collectively "amenities"), as well as the individual condominium hotel units, their furniture, fixtures, equipment, to be maintained and operated in accordance with first class hotel standard.

17.

The CC&Rs shall require the owners' association to hire a single qualified professional management entity to maintain and operate the condo-hotel. The initial management entity shall have at least five consecutive years of experience in the hotel management business in hotels that meet the first class standard and have at lease five other properties (nationally or internationally) under current management. The city shall be provided appropriate documentation to demonstrate that the management entity meets the requirements of this section. The city council may modify the experience standards for the initial management, or any subsequent management entity upon finding that the management entity has substitute experience meeting the interests served by the standards. The CC&Rs shall give the owner's association and management entity the right, power, and obligation to enforce the first class standard including, without limitation, the right to enter any portion of the condominium hotel, including individual condo-hotel units, and cure any failure to meet the first class standard. The management entity shall offer transient rental services to all condo-hotel unit owners.

18.

The CC&Rs shall give the condominium hotel manager the exclusive right to provide to the condominium hotel, the property, and to unit owners, lessees, and other occupants, any or all "on property" services commonly provided at first class hotels, restaurants, and resorts, including without limitation, reservation programs, maid and housekeeping services, maintenance, laundry and dry cleaning, room service, catering and other food and beverage services, massage, and personal training and other spa services. The use of such services, if offered, shall be conditioned upon payment of such charges or fees as may be imposed on unit owners or hotel guests by the condominium hotel manager. The CC&Rs shall include mandatory and uniform maintenance requirements for condo-hotel units. The owners' association and its designees shall have the exclusive right to restrict and control access to any and all shared facilities within the condominium hotel, provided the same does not restrict a unit owner's right of access to its own unit. The condominium hotel manager shall monitor and document the use of each and all of the hotel units.

19.

All condominium hotels must have customary daily maid services, back of house services, and other hospitality services.

20.

In addition to any other prohibition at law, including, without limitation, any other provision of the Palm Springs Municipal Code or the Zoning Code, condominium hotels and/or condo-hotel units shall not be converted to any other use without the approval of the city council.

(Ord. 1729 § 2, 2008; Ord. 1799 § 2, 2011; Ord. 2031 §§ 57, 58, 2020; Ord. 2063 § 29, 2022)

Definitions.

For the purposes of this section, the following definitions shall apply:

"Accessory use"

means any location where five or less video/amusement machines are placed on a premise.

"Primary" and "secondary uses"

means any location where six or more video/amusement machines are placed on a premises.

"Video/amusement machine"

means any machine, device or game upon which the insertion of a coin, slug, token, etc., or by paying therefore in advance or after use permits a person/persons to use the device as a game, contest of skill or amusement, whether or not registering a score which may cause a person/persons of the same to secure some amusement, enjoyment, entertainment or information and which is not a gambling device or a device which tends to encourage gambling. It shall include, but not be limited to, such devices as electronic or mechanic game machines, pinball machines, skillball, bowling machines, or any other mechanical or electronic or operation similar thereto under whatever name they may be indicated. This definition does not include coin-operated pool tables, merchandise vending machines, telephone or television.

Video/amusement Arcades as a Primary or Secondary Use.

Zones in Which Permitted—Conditional Use Permit Required.

Video/amusement arcades as a primary or secondary use shall be permitted in C-B-D, C-D-N, C-S-C, C-1, C-2, H-C, M-1-P, M-1, M-2, A and O zones subject to the requirements of a conditional use permit. Video/amusement arcades as a secondary use shall be permitted in conjunction with resort hotels in R-2, R-3, R-4, R-4VP, CBD and C-1AA zones subject to the approval of a conditional use permit.

Video/amusement Arcade Conditional Use Permit.

The requirements of a conditional use permit shall be met and for a video/amusement arcade, the following shall apply:

Primary Uses.

There shall be permitted one video/amusement machine for each 15 square feet of public floor space. Fifteen square feet shall include the space occupied by the machine.

ii.

One parking space shall be provided for every eight video/amusement machines.

iii.

No noise or vibration that is detectable without the aid of any mechanical device or instrument shall be allowed beyond the outer perimeter of the building.

iv.

The operator shall furnish proof, satisfactory to the director of planning and building, that the Palm Springs Unified School District has been notified of the location of the video arcade and of the person responsible for the management thereof; and such operator shall reasonably cooperate with school district authorities performing duties affected by operation of the video arcade.

No arcade shall be located within a 1,000 foot radius to any public or private grade school (Grades K-12).

vi.

On-site security shall be provided both in the arcade and in the parking lot serving the arcade. A security plan shall be submitted for review and approval by the planning commission.

vii.

Any additional conditions of approval determined by the planning commission or city council shall be complied with.

Secondary uses shall be subject to all conditions of a primary use and the following:

There shall be no outdoor advertising or signing of the secondary use.

ii.

The floor area devoted to the secondary use shall not exceed 50% of the public floor area of the building.

Video/amusement Machines as an Accessory Use.

Zones in Which Permitted—Director of Planning and Building Approval Required.

Video/amusement machines as an accessory use to a conforming, established use shall be permitted in all commercial and industrial zones, hotels, and private and public clubhouses except as provided herein. Accessory uses shall be approved in writing by the director of planning and building or his designee prior to the issuance of a business license. The following requirements shall also apply:

There shall be no outdoor advertising or signing of the accessory use.

The floor area devoted to the accessory use shall not impinge or obstruct normal pedestrian traffic within the building and shall not exceed 10% of the public floor area of the primary business.

No noise or vibration that is detectable without the aid of any mechanical device or instrument will be allowed beyond the outer perimeter of the location.

No additional parking shall be required for an accessory use.

Any further conditions of approval reasonably determined by the director of planning and building to be necessary to conform the accessory use to the premises. A determination by director of planning and building pursuant to this section may be appealed to the planning commission.

Amortization of Existing Uses.

Any use which is nonconforming as defined by this chapter shall be removed or be brought into conformance with this chapter within one year of the effective date of this section.

(Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1551, 1998; Ord. 1553, 1998; Ord. 1799 § 2, 2011)

Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.

Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

Considered in the application of any local ordinance, policy, or program to limit residential growth.

Required to correct a nonconforming zoning condition, as defined in subsection C.7 below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

Definitions. As used in this section, terms are defined as follows:

"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

"Efficiency kitchen" means a kitchen that includes all of the following:

A cooking facility with appliances.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

It is no more than 500 square feet in size.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

It includes an efficiency kitchen, as defined in subsection C.4 above.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

10.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

11.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

Approvals. The following approvals apply to ADUs and JADUs under this section:

Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection E below, it is allowed with only a building permit in the following scenarios:

Converted on Single-Family Lot. One ADU as described in this subsection D.1.a and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

Is either: within the space of a proposed single-family dwelling, within the existing space of an existing single-family dwelling, or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

ii.

Has exterior access that is independent of that for the single-family dwelling; and

iii.

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

iv.

The JADU complies with the requirements of Government Code Section 65852.22.

Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D.1.a above), if the detached ADU satisfies each of the following limitations:

The side- and rear-yard setbacks are at least four feet.

ii.

The total floor area is 800 square feet or smaller.

iii.

The peak height above grade does not exceed the applicable height limit in subsection E.2 below.

Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:

The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.

ii.

The peak height above grade does not exceed the applicable height limit provided in subsection E.2 below.

ADU Permit.

Except as allowed under subsection D.1 above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F below.

The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the director of community development and approved by the city council by resolution.

Process and Timing.

An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or

ii.

When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D.3.b above.

A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection D.1 or D.2 above:

Zoning.

An ADU or JADU subject only to a building permit under subsection D.1 above may be created on a lot in a residential or mixed-use zone.

An ADU or JADU subject to an ADU permit under subsection D.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

Height.

Except as otherwise provided by subsections E.2.b and E.2.c below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.

A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection E.2.d may not exceed two stories.

For purposes of this subsection E.2, height is measured above existing legal grade to the peak of the structure.

Fire Sprinklers.

Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

Owner Occupancy.

An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.

Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.

As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection E.7.c does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

The deed restriction runs with the land and may be enforced against future property owners.

The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the ADU or JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the director's determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

Income Reporting. In order to facilitate the city's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 65852.2, the following requirements must be satisfied:

With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.

10.

Building and Safety.

Must Comply with Building Code. Subject to subsection E.10.b below, all ADUs and JADUs must comply with all local building code requirements.

No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E.10.b prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 above.

Maximum Size.

The maximum size of a detached or attached ADU subject to this subsection F is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection F.1.b above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

Floor Area Ratio (FAR). No ADU subject to this subsection F may cause the total FAR of the lot to exceed 45 percent, subject to subsection F.1.c above.

Setbacks.

An ADU that is subject to this subsection F must conform to a 25-foot front-yard setback, subject to subsection F.1.c above.

An ADU that is subject to this subsection F must conform to four-foot side- and rear-yard setbacks.

No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.

Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection F.1.c above.

Minimum Open Space. No ADU subject to this subsection F may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection F.1.c above.

Passageway. No passageway, as defined by subsection C.8 above, is required for an ADU.

Parking.

Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.11 above.

Exceptions. No parking under subsection F.7.a is required in the following situations:

The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.10 above.

ii.

The ADU is located within an architecturally and historically significant historic district.

iii.

The ADU is part of the proposed or existing primary residence or an accessory structure under subsection D.1.a above.

iv.

When on-street parking permits are required but not offered to the occupant of the ADU.

When there is an established car share vehicle stop located within one block of the ADU.

vi.

When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F.7.b.i through v above.

No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

Architectural Requirements.

The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.

The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.

Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:

At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one twenty-four-inch box size plant shall be provided for every 10 linear feet of exterior wall.

Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

All landscaping must be drought-tolerant.

All landscaping must be from the city's approved plant list.

10.

Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

Fees. The following requirements apply to all ADUs that are approved under subsection D.1 or D.2 above.

Impact Fees.

No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection G.1, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).

Utility Fees.

If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

Except as described in subsection G.2.a, converted ADUs on a single-family lot that are created under subsection D.1.a above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

Except as described in subsection G.2.a, all ADUs that are not covered by subsection G.2.b require a new, separate utility connection directly between the ADU and the utility.

The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

ii.

The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

Unpermitted ADUs Constructed Before 2018.

Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:

The ADU violates applicable building standards; or

ii.

The ADU does not comply with the state ADU law (Government Code Section 65852.2) or this ADU ordinance (Section 93.23.14).

Exceptions.

Notwithstanding subsection H.2.a above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

ii.

Subsection H.2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A through H of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.

(Ord. 2023 § 5, 2020; Ord. 2063 § 30, 2022; Ord. 2080, 1/26/2023)

General Requirements. No land use entitlement, permit (including building permit) approval, site plan, certificate of occupancy, zoning clearance, or other land use authorization for a Cannabis Facility shall be granted or permitted except in conformance with this Section.

Regulatory Permit Required. Cannabis Facilities shall be permitted only upon application and approval of a regulatory permit in accordance with the criteria and process set forth in Chapter 5.55 or other applicable provision of this Code. Prior to initiating operations, and as a continuing requisite to conducting operations, the person or the legal representative of the person wishing to operate a Cannabis Facility, as that terms is defined in Section 91.00.10, shall secure a regulatory permit from the City Manager under the terms and conditions set forth in Chapter 5.55 or other applicable provision of this Code and shall otherwise fully comply with the provisions of this Section.

Separation and Concentrations of Use. No Cannabis Facilities shall be established, developed or operated except in accordance with the following principles. All distances shall be measured in a straight line, without regard to intervening structures, from the nearest property line of the property on which the Cannabis Facility is, or will be located, and to the nearest property line of those uses described in this Subsection. These principles are not absolute and, except as otherwise provided, the City Council shall have the discretion to waive, in whole or in part, these separation requirements for individual cases, via the minor modification procedure set forth in Section 94.06.01.B.

Cannabis Dispensaries and Cannabis Lounges shall be separated by a minimum five hundred foot (500′) distance from each other. This separation requirement does not apply to Cannabis Dispensaries and Cannabis Lounges located in a Cannabis Overlay Zone, or to Cannabis Dispensaries and Cannabis Lounges that are under a single ownership and operating with a single street address.

Cannabis Cultivation Facilities and Type 6/Type 7 State-licensed Cannabis Manufacturing Facilities shall be separated from any lot in a residential zone district by a minimum 1,000 foot distance.

All Cannabis Facilities shall be separated by a minimum 600 foot separation distance from any of the following:

School;

Public playground;

Public park;

Day care/childcare center; or

Youth center.

Notwithstanding any other verbiage in this Subsection 93.23.15.C, these separation requirements shall not apply to Cannabis Facilities in any zone that:

Are lawfully operating as of the effective date of this ordinance, provided however said Facilities shall comply with the separation requirements in effect when all permits and entitlements were secured;

Are not yet operating but have secured all administrative and land use entitlements to operate under Chapter 5.55 and this Zoning Code as of the effective date of this ordinance, provided however said Facilities shall comply with the separation requirements in effect when all permits and entitlements were secured; or

Have secured an administrative permit under Title 5 of this Code to operate and are the subject of a complete and pending entitlement application filed by a Permittee and subject to review by the City as of November 6, 2019. The project under review shall remain subject to any separation requirements in effect when the land use entitlement application was deemed complete.

Although the Cannabis Facilities identified in subparagraph (a) are not subject to the separation requirements set forth herein, these uses shall be considered in determining mandatory separation for any new Cannabis Facilities that are subject to these requirements.

Accessory Uses. A Cannabis Facility is not and shall not be approved as an accessory use to any other use permitted by this Zoning Code. Cannabis Facilities may be located on the same parcel or on the same premises as otherwise permitted by this Zoning Code.

Parking Requirements. Parking requirements for Cannabis Facilities shall be as listed in Section 93.06.00(D).

Additional Requirements for Specific Cannabis Uses.

Odor Control. All Cannabis Facilities shall be subject to the odor control requirements listed in Chapter 5.55.

Cannabis Dispensaries, Square Footage Restrictions – Downtown/Uptown. Cannabis Dispensaries shall be limited to a maximum of 1,500 square feet in gross floor area on the street/ground level of any building in the defined Downtown/Uptown areas. Dispensaries (or portions thereof) located above the street/ground level shall be limited to a maximum of 5,000 square feet in gross floor area.

Architectural Review.

Except as provided herein, all Cannabis Facilities shall be subject to architectural review. The review shall include the treatment of the exterior of the building or tenant space, and all signage proposed for the Cannabis Facility. For signage, the Architectural Review Committee shall conduct the final review. For all other architectural elements, review shall be by the City Council upon a recommendation by the Architectural Review Committee. The Architectural Review Committee and City Council shall apply the criteria reflected in Section 94.04.00(E).

Cannabis Facilities located in a Cannabis Overlay Zone shall be exempt from the architectural review requirements specified in subsection (a) above.

Development Standards – E-I (Energy Industrial) and M-2 (Manufacturing) Zones. Cannabis Cultivation Facilities, approved as agricultural structures pursuant to Section 94.04.01(B)(3) of this Code, shall be subject to the usual and customary development standards for agricultural structures. Waivers of parking lot paving standards, landscape requirements, architectural standards, and similar requirements may be approved by the Director upon review of a Development Permit application processed pursuant to Section 94.04.01(C)(2).

Internal Testing Facility – Accessory to a Permitted Cannabis Facility. An on-premises testing facility may be permitted accessory to a Cannabis Cultivation Facility or a Cannabis Manufacturing Facility for the purpose of internal testing of cannabis products grown or produced at the facility. The internal testing facility shall be subject to the following requirements:

The testing results cannot be published or shared with the public or any third party, except as required by applicable law.

Testing shall be limited to cannabis goods grown or produced at the Cannabis Facility.

The area dedicated to the internal testing facility shall be clearly shown and identified on any floor plans submitted to the City for the Cannabis Facility.

No additional entitlement is required for an accessory internal testing facility; however, environmental analysis of the internal testing facility shall be performed as part of the environmental analysis for the associated cultivation or manufacturing use.

Nothing in this Subsection (F)(4) shall be construed to limit the applicability of City regulations, including without limitation all provisions of Chapter 5.55 and any regulations promulgated by the City Manager pursuant thereto, to the colocation of the accessory internal testing facility.

Cannabis Lounges. Cannabis Lounges shall be subject to the following requirements:

Separate Premises. Cannabis Lounges shall be located on a separate parcel or within a separate tenant space that is segregated and apart from any other use. A Cannabis Lounge Facility shall have a dedicated entrance, and shall have no internal connections or passage to any other tenant space or use, with the exception of a Cannabis Dispensary that serves the Cannabis Lounge use.

Sale of Cannabis and Cannabis Products/Goods. Cannabis and Cannabis products/goods may be sold on the premises of a Cannabis Lounge, subject to the requirements set forth in Chapter 5.55 or other applicable provisions of this Code.

Alcohol and Tobacco Products. The sale or consumption of alcohol or tobacco products is not allowed on the premises.

Visibility. The smoking, inhalation, consumption or ingestion of cannabis or cannabis goods shall not be visible from any public place or any area where minors may be present. The Cannabis Lounge shall be located within a completely enclosed building.

(Ord. 2007 § 33, 2019; Ord. 2042 §§ 15, 16, 2021)

The vacation rental of an Estate Home shall be deemed a use permitted pursuant to a land use permit under the provisions of Palm Springs Municipal Code Section 94.02.01. For the purposes of this Section, the terms "Estate Home" and "Owner" shall have the meanings provided in Section 5.25.030 of this Code.

Any Owner of an Estate Home with an active vacation rental certificate in full force and effect on February 8, 2017, shall be deemed in compliance with this Subsection and shall be issued a land use permit for such Estate home from the Director of Planning Services subject to standard conditions of approval consistent with the provisions of this Chapter and the Zoning Ordinance. Each application by an Owner for the vacation rental of an Estate Home after February 8, 2017, shall be subject to the applicant applying for and receiving a land use permit under the provisions of Section 94.02.01 of this Code. Any land use permit issued for the vacation rental of an Estate Home shall be issued to the Owner, subject to the provisions of this Chapter and such additional conditions as may be required pursuant to Section 94.02.01 of this Code. Any land use permit issued for a vacation rental of an Estate Home shall not run with the land.

Upon a determination by the City Manager of a third qualified violation within any 24 month period regarding the vacation rental of an Estate House, the land use permit for such vacation rental shall be subject to revocation or modification by the Planning Commission at a noticed public hearing to be held in the manner provided for in Section 94.09.00 of this Code.

The revocation or modification process shall be conducted pursuant to the following:

The Commission shall, not less than 10 nor more than 30 days after the notification of the Owner of revocation or modification, hold a public hearing on the matter.

The Commission shall reach its decision within 30 days after the conclusion of the public hearing. The decision shall set forth the findings of the Commission and any recommended conditions, including without limitation any time limit deemed necessary to protect the health, safety, and welfare of persons in the neighborhood and in the city as a whole.

The decision and findings shall be filed with the City Council within 15 days after they have been reached. A copy of the minutes thereof shall be mailed to the Owner. The action of the Commission shall be final unless appealed to the City Council.

The Commission shall consider the following issues and potential conditions in its review of a vacation rental of an Estate Home:

Regulation of use,

Special yards, space, and buffers,

Fences and walls,

Surfacing of parking areas subject to city specifications,

Requiring street, service road or alley dedications and improvements or appropriate bonds,

Regulation of points of vehicular ingress and egress,

Regulation of signs,

Requiring landscaping and maintenance thereof,

Requiring maintenance of the grounds,

Regulation of noise, vibration, odors, etc.,

Regulation of time for certain activities,

Time period within which the proposed use shall be developed,

Duration of use,

Dedication of property for public use,

Limitation on the number of guests,

Limitation on the number of vehicles,

Imposition of building and/or safety requirements applicable to small hotels,

Such other conditions as will make possible the development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this Zoning Code, including but not limited to mitigation measures outlined in any applicable environmental assessment.

(Ord. 1918 § 2, 2017)

Purpose. The purpose of this section is to establish procedures for implementing State Density Bonus requirements, as set forth in California Government Code Sections 65915 to 65918, and to increase the production of affordable housing, consistent with city policies. In order to promote the construction of affordable units, density bonuses, development incentives, waivers, and parking alterations shall be granted pursuant to the provisions of this section.

Definitions. For the purposes of this section, unless otherwise apparent from the context, certain words or phrases used in this section are defined as follows:

"Affordable housing unit"

means an ownership or rental dwelling unit affordable to households with extremely low, very low, low or moderate incomes as published periodically by HCD for households in Riverside County or equivalent as approved by the Director. Calculations for the required affordable housing resulting in fractional units shall be rounded up to the next whole number.

"Area median income"

(AMI) means the median family income in Riverside County as determined annually by HCD, adjusted for household size.

"Common interest development"

means that as defined in Civil Code Section 4100.

"Concession or incentive"

means any of the following:

A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Health and Safety Code Division 13, Part 2.5 (commencing with Section 18901) to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

"Density bonus"

means a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

"Development standard"

includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking requirement that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation, as specified in Government Code Section 65915(o)(1).

"Disabled person"

means a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of an impairment or, anyone who has a record of having that type of an impairment.

"Disabled veterans"

means that as defined in California Government Code Section 18541.

"Dwelling unit"

means a dwelling designed and intended for occupancy by a household.

"Floor area ratio"

means the multiplier applied to the total buildable area of the lot to determine the total floor area of all buildings on a lot.

"HCD"

means California Department of Housing and Community Development or any successor agency.

"Homeless person"

means that as defined in the United States McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).

"Housing development project"

means the construction of five or more new residential dwelling units, including mixed-use developments, the addition of five or more residential dwelling units to an existing building or buildings, and the remodeling of a building or buildings containing five or more residential dwelling units. For the purpose of establishing the minimum number of five dwelling units, Restricted Affordable Units shall be included and density bonus units shall be excluded.

"Incentive," see "concession or incentive."

"Income, very low, low or moderate"

means an annual income of a household that does not exceed the amounts designated for each income category as determined by HCD.

"Major transit stop"

means that as defined in Public Resources Code Section 21155(b).

"Maximum allowable residential density"

means the density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.

"Multiple-family residential projects"

as applied in this section means all residential projects exceeding four units per acre and all mixed-use projects.

"Project"

means the entire parcel of real property, including all structures thereon, all or part of which is intended to be rented or purchased for residential purposes.

"Residential hotel"

means any building containing six or more guest rooms or efficiency dwelling units, which are intended or designed to be used, or are used, rented, or hired out to be occupied, or are occupied for sleeping purposes by guests, so long as the guest rooms or efficiency dwelling units are also the primary residence of those guests, but not including any building containing six or more guest rooms or efficiency dwelling units, which is primarily used by transient guests who do not occupy that building as their primary residence.

"Residential unit"

means the same as "dwelling unit" as used in section 91.00.10 (Definitions).

"Restricted affordable unit"

means a residential unit for which rental or mortgage amounts are restricted so as to be affordable to and occupied by very low, low or moderate income households.

"Senior citizen housing development"

means a housing development project for senior citizens that has at least 35 units as defined in California Civil Code Sections 51.3 and 51.12.

"Senior citizen mobilehome park"

means a mobilehome park that limits residency based on age requirements for older persons pursuant to California Civil Code Sections 798.76 and 799.5.

"Senior citizens"

means individuals who are at least 62 years of age, except that for projects of at least 35 units that are subject to this subdivision, a threshold of 55 years of age may be used, provided all applicable city, state and federal regulations are met.

"Special needs housing development"

means that as defined in California Health and Safety Code Section 51312.

"Specific adverse impact"

means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific adverse impact upon the public health or safety.

"Transitional foster youth"

means that as defined in California Education Code Section 66025.9.

"Unobstructed access to the major transit stop"

means that from the development, a resident is able to access the major transit stop without encountering natural or constructed impediments.

"Waiver"

means the deletion or reduction of any development standards that would otherwise have the effect of physically precluding the construction of a development identified and permitted in this section.

Development eligibility, bonus densities, and incentive counts.

Eligible developments, bonus densities, and incentive counts. The developments identified in this subsection are eligible for density bonuses and/or incentives as well as parking requirement alterations an waivers. For each development, this section provides levels of density bonus available and the number of incentives available. For applicable standards, see subsections E (Density Bonus Standards), F (Incentive Standards), G (Parking Requirement Alteration Standards), and H (Waivers Standards).

Housing development with low income restricted affordable units, for sale or for rent. A housing development project that includes at least 10% of the total units of the project for low income households, either for sale or for rent, shall be granted the following:

Density bonus. A project that includes 10% low income housing shall be granted a density bonus of 20%. For each one percent increase above the required 10% low income units, the density bonus shall be increased by one and one-half percent, up to a maximum density bonus of 35%. See Table DB 1.

Table DB 1
Percentage Low Income Units	Percentage Density Bonus
10	20.0
11	21.5
12	23.0
13	24.5
14	26.0
15	27.5
16	29.0
17	30.5
18	32.0
19	33.5
20 or more	35.0

ii.

Incentives. A project that includes at least 10% low income units shall be granted one incentive. A project that includes at least 20% low income units shall be granted two incentives. A project that includes at least 30% low income units shall be granted three incentives. See Table DB 2.

Table DB 2
Percentage Low Income Units	Number of Incentives
10 or more	1
20 or more	2
30 or more	3

Housing development with very low income restricted affordable units, for sale or for rent. A housing development project that includes at least five percent of the total units of the project for very low income households, either for sale units or for rent, shall be granted the following:

Density bonus. A project that includes five percent very low income housing shall be granted a density bonus of 20%. For each one percent increase above the required five percent very low income units, the density bonus shall be increased by two and one-half percent, up to a maximum density bonus of 35%. See Table DB 3.

Table DB 3
Percentage Very Low Income Units	Percentage Density Bonus
5	20.0
6	22.5
7	25.0
8	27.5
9	30.0
10	32.5
11 or more	35.0

ii.

Incentives. A project that includes at least five percent very low income units shall be granted one incentive. A project that includes at least 10% very low income units shall be granted two incentives. A project that includes at least 15% very low income units shall be granted three incentives. See Table DB 4.

Table DB 4
Percentage Very Low Income Units	Number of Incentives
5 or more	1
10 or more	2
15 or more	3

Market rate senior housing, for sale or for rent. A senior citizen housing development or a senior citizen mobilehome park, comprised of units for sale or for rent, shall be granted a minimum density bonus of 20%, which may be applied to the senior units only.

Common interest development with moderate income restricted affordable units, for sale or for rent. A common interest development that includes at least 10% of its units for moderate income households either for sale or for rent, shall be granted the following:

Density bonus. A development that includes 10% moderate income housing shall be granted a density bonus of 5%. For each one percent increase above the required 10% moderate income units, the density bonus shall be increased by one percent, up to a maximum density bonus of 35%. See Table DB 5.

Table DB 5
Percentage Moderate Income Units	Percentage Density Bonus
10	5
11	6
12	7
13	8
14	9
15	10
16	11
17	12
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40 or more	35

ii.

Incentives. A project that includes at least 10% moderate income units shall be granted one incentive. A project that includes at least 20% moderate income units shall be granted two incentives. A project that includes at least 30% moderate income units shall be granted three incentives. See Table DB 6.

Table DB 6
Percentage Moderate Income Units	Number of Incentives
10 or more	1
20 or more	2
30 or more	3

Housing for transitional foster youth, disabled veterans, or homeless persons. A housing development project that includes at least 10% of the total units of the project for transitional foster youth, disabled veterans, or homeless persons; provided these units are at the affordability level of very low income housing, and provided an affordability restriction of 55 years is recorded against these units, shall be granted a density bonus equal to 20% of the number of these units.

Land donated for very low income housing. A housing development project that, by way of the application for subdivision map, parcel map, or other residential development approval, donates land to the city that satisfies the requirements of California Government Code Section 65915(g) to include 10% the total units of the project for very low income households shall be granted a density bonus of 15%. For each one percent increase above the required 10% very low income units, the density bonus shall be increased by one percent, up to a maximum density bonus of 35%. See Table DB 7.

Table DB 7
Percentage Very Low Income Units	Percentage Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30 or more	35

Child care facility included with a housing development project. A housing development project, which conforms to the requirements of subsections C.1.a (Housing development with low income restricted affordable units, for sale or for rent), C.1.b (Housing development with very low income restricted affordable units, for sale or for rent), C.1.c (Market rate senior housing, for sale or for rent), C.1.d (Common interest development with moderate income restricted affordable units, for sale or for rent), or C.1.e (Housing for transitional foster youth, disabled veterans, or homeless persons) of this section, and includes a child care facility located on the premises of, as part of, or adjacent to, the project, shall be granted one of the following:

An additional density bonus that is, for purposes of calculating residential density, an increase in the floor area of the project equal to the floor area of the child care facility included in the project; or

ii.

An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

Condominium conversion to moderate or low income housing. Subject to the requirements of California Government Code Section 65915.5, a housing development project that involves the conversion of apartments into condominiums and that includes at least 33% of the total units of the project for low or moderate income households or 15% of the total units of the project for lower income households, shall be granted one of the following:

A density bonus of 25%; or

ii.

Up to three incentives of, in the aggregate, equivalent financial value to the density bonus of 25%.

Ineligible developments.

Vacated rental property, generally. A housing development project is ineligible for a density bonus, incentives, parking alterations, or any other concessions provided in this section if the development is located on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the date of the application described in subsection A (Application), have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income; subject to any other form of governmental rent or price control; or occupied by lower or very low income households, unless:

The proposed housing development replaces those units, as defined in subsection C.2.c (Replacement); and

ii.

Either of the following applies:

The proposed development, inclusive of the units replaced pursuant to this subsection, contains affordable units at the percentages required in subsections C.1.a (Housing development with low income restricted affordable units, for sale or for rent), C.1.b (Housing development with very low income restricted affordable units, for sale or for rent), C.1.c (Market rate senior housing, for sale or for rent), C.1.d (Common interest development with moderate income restricted affordable units, for sale or for rent), or C.1.e (Housing for transitional foster youth, disabled veterans, or homeless persons); or

Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a low or very low income household.

Vacated rental property, condominium conversion. An applicant for a condominium conversion described in subsection C.1.h (Condominium Conversion to Moderate or Low Income Housing) shall be ineligible for a density bonus, incentives, parking alterations, or any other concessions provided in this section if the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application subsection D.1 (Application), have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income; subject to any other form of governmental rent or price control; or occupied by lower or very low income households, unless:

The proposed condominium project replaces those units, as defined in subsection C.2.c (Replacement) below; and

ii.

Either of the following applies:

The proposed condominium project, inclusive of the units replaced, contains affordable units at the percentages set forth in subsection D.1 (Condominium Conversion to Moderate or Low Income Housing); or

Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a low or very low income household.

Replacement. For purposes of this subsection C.2 (Ineligible Developments), "replace" shall mean either of the following:

If any dwelling units described in subsections C.2.a (Vacated Rental Property, Generally) or C.2.b (Vacated Rental Property, Condominium Conversion) are occupied on the date an application as described in subsection D.1 (Application) is submitted, the proposed housing development shall provide at least the same number of units of equivalent size, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. For unoccupied dwelling units described in subsection C.2.a (Vacated Rental Property, Generally) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to covenant requirements of subsection I (Covenants).

ii.

If all dwelling units described in subsection C.2.a (Vacated Rental Property, Generally) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to the covenant requirements of subsection I (Covenants).

Application processing and review.

Application. An application for a density bonus, incentives, parking requirements alterations, and/or waiver or any other provision in this section shall:

Be submitted in conjunction with an applicable development permit application;

Be made on a form provided by the Department;

Be accompanied by applicable fees;

Include reasonable documentation, using forms prepared by the city, and supporting materials that demonstrate how any concessions and/or incentives requested by applicant result in identifiable and actual cost reductions to provide the affordable housing;

Include reasonable documentation and supporting materials that demonstrate how a requested modification to or waiver of an applicable development standard is needed in order to avoid physically precluding the construction of the proposed project at the densities authorized under this section or with the concessions and/or incentives requested; and

Include any other documentation or materials required by this section or by the city for the purpose of density bonus, incentives, parking requirements alterations, and/or waivers or any other provision in this section.

Review authority. Applications shall be reviewed by the review authority charged to review the applicable development permit application.

Density bonus standards. Developments eligible for density bonuses as provided in subsection C (Development Eligibility, Bonus Densities, and Incentive Counts) may receive the density bonuses as provided below:

No waiver required. The granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards.

Density calculation. The area of any land required to be dedicated for street or alley purposes may be included as lot area for purposes of calculating the maximum density permitted by the underlying zone in which the project is located.

Fractional units. All density bonus calculations shall be rounded up to the next whole number including the base density, restricted affordable units, and the number of affordable units required to be eligible for a density bonus.

Minimum number of dwelling units. For the purpose of establishing the minimum number of five dwelling units in a project, the restricted affordable units shall be included and density bonus units shall be excluded.

Other discretionary approval. Approval of density bonus units shall not, in and of itself, trigger other discretionary approvals required by this Code.

Other affordable housing subsidies. Approval of density bonus units does not, in and of itself, preclude projects from receipt of other government subsidies for affordable housing.

Optional density bonuses. Nothing in this section shall be construed to prohibit the city from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section.

Lesser percentage of density bonus. If elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density, is permissible.

Additional Density Bonus. The City Council may approve a density bonus that exceeds the density bonus limitations identified in subsection C by resolution upon making findings that the additional density bonus will assist in accomplishing the goals of the Housing Element of the City of Palm Springs General Plan and Regional Housing Needs Assessment.

Incentive standards. A development eligible for incentives as provided in subsection C (Development Eligibility, Bonus Densities and Incentive Counts) may receive incentives or concessions as provided in subsection F.1 (On-Menu Incentives) or F.2 (Off-Menu Incentives).

On-menu incentives. The City Council has determined that the on-menu incentives listed below would not have a specific adverse impact.

Lot coverage. Up to 20% increase in lot coverage limits.

Lot width. Up to 20% decrease from a lot width requirement.

Floor area ratio. In zone districts with a floor area ratio maximum, an increase in the maximum floor area equal to the floor area of the affordable housing units for the housing development project, up to a 35% increase in the floor area maximum.

Height. Up to an 11 foot increase in the allowable height.

Yard/setback. Up to 20% decrease in the required width or depth of any individual yard or setback except along any property line that abuts a property zoned for single-family.

Off-menu incentives. An applicant may request an incentive not included in subsection F.1 (On-Menu Incentives), so long as such incentive meets the definition under state law. The review authority will determine whether any such requested off-menu incentive may have a specific, adverse impact.

Denial of requested incentive. The reviewing authority may deny a request for an incentive only if it makes a written finding, based on substantial evidence, of any of the following:

The concession or incentive does not result in identifiable and actual cost reductions, consistent with the definition of "concession" or "incentive," to provide for affordable housing costs, as defined in Health & Safety Section 50052.5, or for rents for the targeted units to be set as specified in subsection I (Covenants).

The concession or incentive would have a specific, adverse impact upon public health and safety or the physical environment or on any real property that is listed in the California or Palm Springs Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.

The concession or incentive would be contrary to state or federal law.

Additional Incentives. The City Council may approve incentives in excess of the limitations identified above by resolution upon making findings that the additional incentives will assist in accomplishing the goals of the Housing Element of the City of Palm Springs General Plan and Regional Housing Needs Assessment.

Parking requirement alteration standards.

General parking requirement. Developments eligible for density bonuses and/or incentives as provided in subsection C (Development Eligibility, Bonus Densities, and Incentive Counts) must comply with the applicable parking provisions of section 93.06.00 (Off-Street Parking), unless the development qualifies for a parking requirement alteration as provided in subsections G.2 (On-Menu Parking Requirement Alterations) or G.3 (Off-Menu Parking Requirement Alterations).

On-menu parking requirement alterations.

For any development eligible for a density bonus. Upon the request of the developer, the city shall not impose a parking requirement, inclusive of handicapped and guest parking, of a development, that exceeds the following requirements:

For zero to one bedroom, one onsite parking space.

ii.

For two to three bedrooms, two onsite parking spaces.

iii.

For four and more bedrooms, two and one-half parking spaces.

For low or very low income housing near major transit stop. Upon the request of the developer, the city shall not impose a parking requirement, inclusive of handicapped and guest parking, that exceeds one-half parking spaces per bedroom if:

The development includes the maximum percentage of low or very low income units; and

ii.

The development is located within one-half mile of a major transit stop; and

iii.

There is unobstructed access to the major transit stop to the development.

For senior housing developments with only rentals and transportation. Upon the request of the developer, the city shall not impose a parking requirement, inclusive of handicapped and guest parking, that exceeds one-half parking spaces per bedroom if:

The development is a senior housing development; and

ii.

The development consists solely of rental units, excluding a manager's unit or units, at a housing cost affordable to low income families; and

iii.

The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

Special needs housing development with only rentals and transportation. Upon the request of the developer, the city shall not impose a parking requirement, inclusive of handicapped and guest parking, that exceeds 0.3 parking spaces per bedroom if:

The development is a special needs housing development; and

ii.

The development consists solely of rental units, excluding a manager's unit or units, at a housing cost affordable to low income families; and

iii.

The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

No change to incentive count. A request pursuant to these on-menu parking requirement alterations shall neither reduce nor increase the number of incentives to which the applicant is entitled pursuant to subsections C (Development Eligibility, Bonus Densities, and Incentive Counts) or F (Incentives Standards).

Off-menu parking requirement alterations. An applicant may request parking requirement alterations beyond those provided in subsection G.2 (On-Menu Parking Requirement Alterations) as an incentive pursuant to C (Development Eligibility, Bonus Densities, and Incentive Counts) or F (Incentives Standards).

Optional parking requirement alterations. This section does not preclude the city from reducing or eliminating a parking requirement for development projects of any type in any location.

Provision of parking. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a development may provide onsite parking through tandem parking or uncovered parking, but not through onstreet parking.

Parking study. Notwithstanding the parking requirement alterations available in subsections G.2 (On-Menu Parking Requirement Alterations) and G.3 (Off-Menu Parking Requirement Alterations), if the city or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years from the date of the application described in subsection D.1 (Application), then the city may impose a higher parking requirement not to exceed the requirement described in subsection G.2.a (For Any Development), based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low and very low income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking requirement.

Waiver standards.

Waivers or reductions. An applicant may apply for a waiver or reduction of development standards that will have the effect of physically precluding the construction of a development identified in subsection C (Development Eligibility, Bonus Densities, and Incentive Counts) at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city to discuss the proposed waiver or reduction.

No Change in other incentives. A proposal for the waiver or reduction of development standards described in subsection H.1 (Waivers or Reductions) shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to this section.

Denial of requested waiver. The reviewing authority may deny a request for a waiver under this section if it finds the waiver would:

Waive or reduce a development standard that would not have the effect of physically precluding the construction of a development meeting the criteria of this section at the densities or with the incentives permitted under this section; or

Have a specific, adverse impact upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

Have an adverse impact on any real property that is listed in the California or Palm Springs Register of Historical Resources; or

Be contrary to state or federal law.

Covenants.

Covenant required. Prior to issuance of a building permit for a development identified in subsection C (Development Eligibility, Bonus Densities, and Incentive Counts) that qualified for a density bonus, incentive, and/or parking alteration, the developer must record a restrictive covenant against the development as provided in subsection I.2 (Covenants for Specific Developments).

Covenants for specific developments.

For rental developments for low or very low income households. For a development that contains rental housing for low or very low income households, a covenant acceptable to the city shall be recorded with the Riverside County Recorder, guaranteeing that the affordability criteria will be observed for at least 55 years from the issuance of the certificate of occupancy or a longer period of time if required by the construction or mortgage financing assistance program, mortgage assistance program, or rental subsidy program.

For for-sale developments for very low, low, and moderate income households. For a for-sale development that contains housing for initial occupants of very low, low, and/or moderate incomes, an equity sharing agreement acceptable to the city and consistent with the for-sale requirements of California Government Code Section 65915(c)(2) shall be recorded with Riverside County Recorder.

Private right of action. Any covenant described in this section must provide for a private right of enforcement by the city, any tenant, or owner of any building to which a covenant and agreement applies.

Conflict of durations. If the duration of affordability covenants provided for in this section conflicts with the duration for any other government requirement, the longest duration shall control.

State regulations. All other provisions of California Government Code Sections 65915 to 65918, and any amendments thereto, not specified herein are incorporated by reference into this section.

(Ord. 1976 § 2, 2019; Ord. 2031 §§ 59, 60, 2020; Ord. 2088, 11/9/2023)

Purpose and Intent. It is the policy of the City to make, as provided in this section, reasonable accommodation in the application of its zoning and land use laws for disabled persons, to the extent required under the Fair Housing Act (FHA), United States Code Title 42, Section 3604(f) and the California Fair Employment and Housing Act (FEHA), California Government Code Section 12927(c)(1). The purpose of this section is to establish the process for disabled persons to submit and for the City to review a Request for Reasonable Accommodation in the application of this title where necessary to afford the disabled person an equal opportunity to use and enjoy a dwelling within the City.

For the purposes of this section, unless otherwise apparent from the context, certain words or phrases used in this section are defined as follows:

"FEHA" means the California Fair Employment and Housing Act, codified at Government Code Section 12900 et. seq.

"FHA" means the Fair Housing Act, codified at 42 U.S.C. 3601 et. deq.

"Person with a disability" means a person who has a physical or mental impairment that makes achievement of a major life activity difficult, as defined by FEHA section 12926, as amended; anyone who is regarded as having such impairment or anyone with a record of such impairment.

"Reasonable accommodation" means providing persons with disabilities, or developers of housing for persons with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or waving certain requirements, when it is necessary to eliminate barriers to housing opportunities for persons with disabilities.

Review Authority. The Director is the final authority on a Request for Reasonable Accommodation relating to this section, subject to the appeal provisions of subsection H (Appeal).

Applicability.

Eligible Applicants.

A Request for Reasonable Accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for persons with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure may act as a barrier to fair housing opportunities for persons with disabilities.

The FHA affords no protections to persons with or without disabilities whose tenancy presents a direct threat to the persons or property of others. Determining whether someone's tenancy poses such a direct threat must be made on an individualized basis, however, and cannot be based on general assumptions or speculation about the nature of a disability.

Eligible request. A Request for Reasonable Accommodation may include a modification or exception to the practices, rules, or standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

Application.

Requirements. Application for a Request for Reasonable Accommodation shall be made to the Director on forms approved by the Director and shall be full and complete, including such data as may be prescribed by the Director to assist in determining the validity of the request. Incomplete applications shall not be accepted or filing.

Assistance with the Application. Upon request, the City will provide assistance to a person needing assistance in making the Request for Reasonable Accommodation to ensure that the process is accessible to persons with disabilities.

Review and Processing.

Application Review. The director of planning services shall approve, approve with conditions, or deny a Request for Reasonable Accommodation in accordance with the required findings in subsection G (Required Findings).

Decision.

Decision Timing and Content. The director of planning services shall issue a written decision on a Request for Reasonable Accommodation within 30 days of receipt of a complete application. The written decision shall explain in detail the basis of the decision under the required findings in subsection G (Required Findings), give notice of the applicant's right to appeal the decision, and be sent to the applicant by certified or registered mail.

Request for Further Information. If necessary to reach a decision on Request for Reasonable Accommodation, the director of planning services may request further information from the applicant consistent the FHA, FEHA, and this section, specifying in detail the further information required. In the event that a request for additional information is made, the 30-day period to issue a decision under subsection 2.a (Decision Timing and Content) is stayed until the applicant responds to the request.

Compliance with other Regulations. An approved Request for Reasonable Accommodation does not affect any person's obligations to comply with all other applicable regulations not at issue in the requested accommodation.

Confidentiality. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, unless disclosure is otherwise required by state or federal law.

Required Findings. Prior to approval of a Request for Reasonable Accommodation, all of the following findings shall be made consistent with the FHA and FEHA:

The housing, which is the subject of the request for reasonable accommodation, will be used by a person with disabilities protected under fair housing laws.

The requested accommodation is necessary to make housing available to a person with disabilities protected under the fair housing laws.

The requested accommodation would not impose an undue financial or administrative burden on the city.

The requested accommodation would not require a fundamental alteration in the nature of the city's land use, zoning or building policies, practices or procedures, including consideration of alternatives which may provide an equal level of benefit.

The requested accommodation will not result in a direct and significant threat to the health or safety of other persons or substantial physical damage to the property of others.

Appeals.

Procedure. The action of the director of planning services 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 the appropriate appeal fee, the director of planning services shall schedule the item at the next available 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.

Assistance with Appeal. Upon request, the City will provide assistance to a person needing assistance in filing an appeal to ensure that the appeals process is accessible to persons with disabilities.

Modifications Requested by the Applicant. The applicant may request modifications to the approved request for reasonable accommodation. The application for modification shall be submitted, processed, and reviewed in the same manner as a new application.

Modifications or Revocations Initiated by the City.

Review Authority and Findings. The Director may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information.

Procedures. The Director shall notify the applicant of the change or revocation of the approval by mail no later than the next business day after the director's decision. The applicant may appeal the director's decision as provided in subsection H (Appeals).

(Ord. 1975 § 2, 2019)

Use and Zoning. Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

Definitions. For the purposes of this section, certain words or phrases used in this section are defined as follows:

"Supportive housing"

means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

"Transitional housing"

means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

(Ord. 1974 § 2, 2019)

Purpose and Intent. The purpose of this ordinance is to assess and mitigate the impact of a golf course conversion on real property by establishing appropriate procedures, by requiring outreach with residents, property owners and community members and by establishing specific development standards to ensure compatibility with the existing land uses. The ordinance seeks to protect the public health, safety and welfare through the following:

Maintain open space. Recognizing there may be certain loses of open space with any conversion, this ordinance is intended to maintain usable and passive open spaces in perpetuity. These spaces provide benefits to nearby residents impacted by such conversions as well as the community at large.

View preservation and access. This ordinance is intended to preserve open space views from public roads and residential property surrounding golf course property, while allowing public access to open space land to the maximum extent possible under law.

Neighbor outreach. The intent is to require extensive communication between the applicant and nearby residents, property owners and interested community members (collectively, "community members") on the proposed conversion. In particular, the ordinance is designed to address the conversion of golf courses surrounded, in whole or in part, by existing residential uses or lands zoned residential.

Public scoping process. The ordinance requires a two-step application process with the intent of resolving conflicts, addressing neighbor concerns and exploring project alternatives during the early stages of a proposed conversion. To that end, this ordinance requires an applicant to complete an intent to convert/scoping application process followed with the formal conversion application process for the applicable development entitlements to convert a golf course (see "conversion application" below).

Development standards. It is the intent of the specific development standards contained herein to encourage the applicant to propose a conversion project with land uses and amenities that are compatible and complementary to existing neighborhoods. Further, the applicant is encouraged to incorporate reasonable input provided by nearby residents, property owners and community members into the development proposal.

Applicability.

This ordinance applies to golf courses that are currently developed in the City of Palm Springs, to the extent permitted by law, including those that are both operational and non-operational.

The following zoning actions and General Plan Amendments, hereafter collectively referred to as "conversion applications," shall be subject to this section. A conversion application shall be required when an applicant seeks to change a constructed golf course to a non-golf course use.

General Plan Amendments. This section applies to a golf course constructed in any general plan designation where the proposed non-golf course use is not permitted by the Land Use Element. Amendments to the General Plan shall be subject to requirements and procedures described in the General Plan and California Government Code Sections 65300 et. seq.

Zoning actions. This section applies to a golf course constructed in any zoning district where the proposed non-golf course use is not permitted, accessory, or conditional in the zoning district or tract for which an entitlement is sought.

Specific Plan. A specific plan shall be prepared and adopted for the entire golf course site to provide a comprehensive land use plan complying with the goals and policies of the general plan and the requirements of this ordinance. A specific plan is required to address the unique characteristics and qualities of a project site. The specific plan may refer to and incorporate uses and standards outlined in the zones established by the zoning code, such as the R-1, R-2 or R-3 zoning districts.

ii.

Development Agreement. In addition to a specific plan, a development agreement shall be prepared for a conversion that requires a transfer of development rights (density transfer). The development agreement shall specify the development rights transaction consisting of either inkind replacement of such open space elsewhere in the City, payment of in-lieu fees, or replacement of converted open space through the use of density transfer, in accordance with General Plan policies and any applicable city ordinances. The development agreement shall define public access to open space trails to the extent permitted by law and include date certain timeframes for payments and land transfers, if applicable. The development agreement shall be prepared in accordance with the requirements and procedures set forth in this section and Zoning Code section 94.08.00.

Notwithstanding the applicability of Section 93.23.20(B)(2) of the Zoning Code, the City is not precluded from enforcing local codes requiring regular maintenance of a golf course, including the issuance of warnings, citations, etc. The golf course property owner(s) shall continue to maintain golf course property in accordance with Section 93.19.00 of the Zoning Code.

Intent to convert application procedures.

Intent to convert application. The applicant shall submit an "Intent to Convert" application to the City prior to submitting a formal conversion application. The Director shall establish the procedure and application submittal requirements, including but not limited to:

A title report that identifies the current owner of the property and all encumbrances, including covenants, leases, easements, rights to purchase and any other legally binding instrument, against the property;

A property owner statement shall be submitted that expressly identifies any and all master leases, recreational leases, private use restrictions, covenants and open space easements that may impact and/or are within the chain of title to any portion of the golf course property (hereinafter, collectively referred to as the "Existing Agreements"). To the extent there are any Existing Agreements, the applicant shall attach such Existing Agreements to the Intent to Convert application and shall further identify whether or not the Existing Agreements impact any maintenance obligations and/or use of the golf course property. The applicant will further identify whether or not they are in default of any Existing Agreements (such as failure to maintain the golf course property) as well as the names, addresses, telephone number and contact persons of any and all parties (other than the applicant) to such Existing Agreements;

The Developer's Alternatives Statement, as provided for in paragraph (C)(2) below;

A statement describing the methods to be used to engage community members at the Neighbor Outreach Meetings, as provided for in paragraph (C)(3) below;

Within 15 days after submitting the Intent to Convert Application, the applicant shall post on-site signage to inform the public that an Intent to Convert application has been submitted to the City. The applicant shall install one 3-foot by 4-foot sign per street frontage and an additional sign every 300 lineal feet along such streets to the satisfaction of the Director. The sign design shall be similar to the signage required in Section 94.09.00(F) of the Zoning Code, with project information, developer and city contact information and other criteria, as specified by the Director;

A fee shall be paid in such amount as has been prescribed by resolution of the city council for the purpose of defraying the City's costs of processing the application; and

Environmental Constraints. The applicant shall provide preliminary analyses and environmental studies that identify and evaluate environmental constraints on the project site. At a minimum, the submittal shall contain preliminary environmental analyses that address the following criteria:

Biological resources (potentially affected wetlands or waterways, potentially affected endangered/threatened species, wildlife migration);

ii.

Cultural resources (prehistoric and/or historic resources/structures);

iii.

Floodwaters (creeks, washes and/or water channels that cross the site, 100-year floodplains, delineation of federal and state waters, etc.);

iv.

Geotechnical (earthquake faults, landslides, liquefaction);

Hazardous materials on site or proposed to be used in construction on site;

vi.

Required permits and permitting agencies for the project (including compliance with the National Environmental Policy Act (NEPA), if required); and

vii.

Water quality (surface and groundwater usage/depletion, Regional Water Quality Control Board or other agency compliance).

The owner shall attest that there are no active or outstanding code enforcement activities on the golf course.

Developer's Alternatives Statement.

The purpose of the Developer's Alternatives Statement (Alternatives Statement) is to serve as a tool to inform community members and the City about the applicant's development options and intentions. It is intended to encourage communication and cooperation between the applicant, community members, and the City. The Alternatives Statement shall be prepared by the applicant and shall clearly identify the goals and objectives for the conversion project. The Alternatives Statement shall address, at a minimum, the four alternatives noted below. Each alternative shall be accompanied with an economic analysis that details its viability. The alternatives are not intended to be mutually exclusive; the conceptual development plan described below may incorporate one or more of the alternatives in the conversion project.

No conversion: The applicant shall examine opportunities to retain all or part of the golf course. The following considerations are to be assessed:

Whether any of the existing property owners' association(s) with an Existing Agreement and/or which owns or manages any residential unit or common area within 500-feet of the golf course property, are willing and able to purchase all or part of the golf course; and

ii.

Whether any of the existing property owners' association(s), City-recognized Neighborhood Organizations and/or any new association with an Existing Agreement and/or which owns or manages any residential unit or common area within 500-feet of the golf course property, can coordinate joint control for all or part of the golf course.

iii.

The economic feasibility of continuing to operate the golf course.

Partial conversion: The applicant shall prepare a conceptual development plan where a nine-hole and/or par three course is part of the project and provide a narrative that describes the operational aspects of the course and its compatibility with existing and proposed uses, and the economic feasibility of partial conversion.

Donation or purchase: The applicant shall coordinate with the City, local land conservancy agencies and abutting homeowners or homeowner's associations to determine if there is interest on the applicant's part to donate or sell, and the city's, land conservancy's, and/or homeowner's associations' part to accept a donation or purchase ownership, or maintain a portion or all of the property for a public or private use, such as a public or private park, open space, civic use, or other facility. This section shall not require the City, land conservancy or homeowner's association to purchase or accept a donation of any lands, nor shall this require the property owner to donate or sell any land.

Full conversion development plan: The applicant shall prepare one or more proposed conceptual development plans, consistent with the development standards established in section 93.23.20(F) of the Zoning Code, depicting the proposed conversion. The applicant shall share the conceptual development plan with the neighboring residents at the Outreach Meetings as described in paragraph (C)(3) below. The conceptual development plan shall depict the retained and proposed land uses, including residential, non-residential, and preserve areas; existing and proposed roadway and pedestrian systems; existing and proposed trees and landscaping, including the study and preservation of specimen trees; and the proposed location for the desert greenway, including any passive recreational uses. The narrative shall identify the intensity of the proposed land uses; how the proposed conversion is compatible with the existing surrounding land uses and any methods to provide benefits or mitigate impacts to the community members. It shall also identify any proposed deviations from the General Plan or Zoning Code. Visual exhibits to describe the conceptual development plan and amenities, including the desert greenway, shall also be provided.

Neighbor outreach meetings.

The Neighbor Outreach Meetings (Outreach Meetings) are intended to engage the residents, property owners and interested community members, early in the conversion project and inform the applicant as to what these parties find important in the neighborhood, what they consider compatible with the neighborhood, and what types of land uses they would support to be added to the neighborhood. An assigned City planner shall attend the Outreach Meetings and observe the process. The following is required of the applicant:

The applicant shall conduct a minimum of two in-person Outreach Meetings in accordance with the procedures outlined by the Director. One of these two meetings shall be conducted as a city-wide neighborhood outreach meeting in a form and format approved by the Director. Notification of these meetings shall be provided to surrounding residents (including renters/occupants and property owners) and community associations that are located within 500-feet of any boundary of the subject golf course. When a portion of a community association is within 500-feet of a boundary, the notice shall be provided to all residents and property owners within the association. Notification of these meetings shall also be provided to all Neighborhood Organizations through the Office of Neighborhood Involvement. Additionally, the applicant shall host a website that provides information on Outreach Meetings and conceptual plans at any time there is an Intent to Convert application submitted to the City. The website address shall be incorporated in the mailings notifying the residents, community members and Neighborhood Organizations of the in-person Outreach Meetings. All costs of the Outreach Meetings shall be borne exclusively by the applicant.

At the Outreach Meetings, the applicant shall, in good faith, provide information to the residents, property owners and community members about the purpose of the meeting, including a presentation on the goals and objectives of the conversion project, the conceptual development plan, the desert greenway concept, and the measures taken to ensure compatibility with the existing surrounding neighborhood.

Outreach Meetings report for conversion applications. After completing both Outreach Meetings the applicant shall prepare an Outreach Meetings report. The report shall include a list of attendees, a description of the public outreach methods used, results from outreach methods, and copies of the materials used during the Outreach Meetings. The applicant shall also include a point-counterpoint list, identifying input from the community members and how and why it was or was not incorporated in the conversion application. The report shall be organized such that the issues and ideas provided by the community members are clearly labeled by the applicant in the list and the conversion application.

In addition to the above outreach requirements, the applicant shall, at the request of the City, hold additional meetings after the formal conversion application(s) is submitted.

Planning Commission Scoping Meeting.

Once the requirements of Sections (C)(1) through (C)(3) have been completed as determined by staff, the Planning Commission shall review the Intent to Convert application materials at a study session. The Commission may provide comments to the applicant, but shall not take any action on the Intent to Convert application, nor shall it preliminarily indicate approval, conditional approval or disapproval of the proposed project at this stage.

Formal conversion application procedures.

Application. An applicant shall not submit a conversion application (e.g. specific plan, development agreement, General Plan Amendment) until the Intent to Convert process outlined in subsection (C) is deemed complete. An Intent to Convert application may not be deemed completed unless and until all outstanding issues relating to any Existing Agreements have been resolved between/among the parties to such Existing Agreements. Thereafter, the applicant may proceed by submitting a formal conversion application with the City as follows:

General Plan Amendments. For projects subject to 93.23.20.B.2.a., the applicant shall file a General Plan Amendment application.

Other actions. For projects subject to 93.23.20.B.2.b., the applicant shall file a specific plan application and an application(s) for applicable entitlement(s). The specific plan shall include text and diagrams specifying (1) the distribution, location, and extent of uses of land, including open space, (2) standards by which development will proceed, (3) location of public and private improvements, (4) design guidelines, and (5) other criteria specified in Government Code Section 65451. In addition, the applicant shall file an application for a development agreement for a density transfer, in-kind replacement of open space or payment of in-lieu fees, as required by Policy LU 2.2 of the General Plan. Deviations from Zoning Code section 93.23.20 shall be prohibited; further, proposed deviations from the other sections of the Zoning Code shall be described in these applications when proposing development that deviates from the City's zoning districts.

Environmental documentation. The project will require environmental analysis and documentation, in accordance with the California Environmental Quality Act (CEQA). The City shall be the lead agency for the CEQA document and shall direct its preparation, as permitted under state law. The type of environmental document will be determined to be consistent with Section 15064 of the CEQA Guidelines. Environmental analysis for any federal approvals that require review under the National Environmental Policy Act (NEPA) should be coordinated with the federal agency with jurisdiction.

Fees. When the conversion application is filed, a fee shall be paid in such amount as has been prescribed by resolution of the city council for the purpose of defraying the City's costs of processing the application. The applicant shall be responsible for paying fees associated with the review of the application, including but not limited to costs for third party consultants, staff and the city attorney's office.

Staff Investigation. After the application is deemed complete, staff shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with this ordinance and shall report the findings to the Planning Commission and City Council. Staff shall provide an analysis of the Guidelines as provided in subsection (E) below and any other findings applicable to the development entitlements being sought by the applicant.

Planning Commission.

Public hearing. The Planning Commission shall hold a public hearing in the manner provided for in Section 94.09.00.

Review and recommendation. After holding a public hearing and deliberating the facts of the conversion application, the Commission shall make a recommendation to the City Council, including conformity recommendations related to findings of related project development entitlements, if applicable. In the event the Commission is unable to make a favorable recommendation and denies the conversation application, the applicant may appeal the decision to the City Council in accordance with the procedures of Section 2.05 of the Palm Springs Municipal Code.

City Council.

Public hearing. The City Council shall hold a public hearing in the manner provided for in Section 94.09.00.

Review and decision. After holding a public hearing, considering the Planning Commission's recommendations and deliberating the facts of the applications, the City Council may approve or deny the conversion application.

Compatibility review guidelines.

The staff report shall evaluate, and the Planning Commission and City Council shall make written findings on each of the following:

Whether the applicant has met the requirements established in this section and development standards in the Zoning Code. In particular, that the proposed design and use(s) of the open space and desert greenway, as applicable, meet the standards as described in paragraph (F)(3) and the minimum 50% open space described in paragraph (F)(5) below.

Whether the Outreach Meetings report and point-counterpoint list described above reasonably reflect the discussions that took place at the Outreach Meetings.

Whether the applicant incorporated reasonable input provided by the community members to address impacts of the golf course conversion on community members' real property.

Whether the applicant provided an explanation as to why input from the community members was not incorporated into the conceptual development plan.

Whether the applicant appropriately demonstrated opportunities and constraints of an existing site and economic viability of the chosen proposal.

Whether the applicant complies with other required findings for the requested development entitlements.

Whether there are any Existing Agreements that would prevent the application from moving forward.

Whether there are significant environmental impacts that cannot be mitigated with the proposed project.

Whether the proposed development adequately provides for the maintenance of the open space and desert greenway, flood zones, and washes.

10.

Whether the applicant has demonstrated good faith in the maintenance of the property since acquisition by not allowing the property to deteriorate, or otherwise violated applicable State and local maintenance codes.

11.

Whether the proposed development is compatible with the existing adjacent residential development.

12.

Whether the proposed development is adequately set back from the existing residential development, or is buffered by desert greenway.

Development standards.

The following are additional minimum design standards for General Plan Amendments and/or other zoning actions that propose to convert a golf course.

Previously approved open space. Golf course acreages utilized to meet the minimum open space requirements for a previously approved project shall be retained as open space and shall not be included in open space calculations for any subsequent conversion projects.

Design guidelines. In addition to the requirements of Government Code Section 65451, a specific plan shall include design guidelines that specify the form and type of design intended for the development.

Open space requirements. Minimum Required. At least half (50%) of any conversion project shall remain as open space. The open space shall include desert greenways (as required in paragraph F.4. below), landscape buffers, accessible and naturalized water channels and waterways, and to the extent feasible artificial ponds, and will be based on the project's gross acreage. For the purposes of this section, open space does not include:

Streets (pavement and curbs),

Driveways,

Concrete waterway channels,

Private residential yards for single family homes,

Setbacks for all new uses (R-1, R-2, R-3, R-4, commercial and hotel zones),

Public and private open space required for new R-1, R-2, R-3, R-4, commercial and hotel uses, including but not limited to pool areas, clubhouses, tennis courts, playgrounds, parks, etc. that are exclusive to those uses.

The open space shall be a separate parcel(s) from other parcels used for private development.

Desert greenway. The purpose of the greenway is to retain an open space view for community members, support active/passive recreational uses, preserve specimen trees, and support existing wildlife habitat, to the maximum extent possible. For the purposes of this section the desert greenway shall be identified as a continuous strip of land set aside for passive recreational uses, such as: open space, nature trails, parks, playgrounds, golf courses, disc golf courses, exercise equipment, appropriate urban agriculture, landscape buffers and multi-use paths. The City Council may approve other passive recreational uses that were considered by the Planning Commission. The desert greenway shall not include required yards (setbacks) of any individual lots.

The desert greenway shall be contiguous to the existing residential properties surrounding the golf course and generally located along the perimeter of the proposed development. The Council may approve an alternative design that was considered by the Planning Commission.

The greenway shall have a minimum average width of 100 feet, and a width of no less that than 75 feet at any one location. The greenway shall span the length of the property to the greatest extent possible.

Maintenance of the greenways, artificial ponds, flood channels and floodways, shall be identified through the specific plan review process.

Existing trees and understory (shrubs and groundcover) shall be preserved and maintained to the greatest extent possible within the desert greenway. The site plan shall identify all existing trees, identify those trees that will be kept in current locations, those that will be transplanted to the desert greenway from other locations, and those that are proposed to be removed. New trees shall also be identified on the site plan. Trees should be sited along biking and walking paths in the desert greenways.

The proposed new plant materials within the desert greenway shall be selected from the Lush and Efficient Landscape Guidelines, published by the Coachella Valley Water District. The use of native plants is strongly encouraged. The design shall be consistent with water efficient landscape standards found in Section 8.60 of the Municipal Code.

A portion of the greenway may provide stormwater management.

The applicant shall record a restrictive covenant in the County's official records describing the use and maintenance of the greenway as described in the zoning action. The covenant shall to the extent feasible contain a provision that provides the public with a non-exclusive easement over the paths, walkways and bike trails within the desert greenway. The greenway shall retain its zoning designation as open space.

Building setbacks.

Single-Story Structures. All one-story non-golf course uses, except for the Desert greenway, shall provide a minimum average 50-foot setback from the property line of existing lands zoned residential or with residential uses, however the setback shall be no less than 35 feet at any one location, except where a single fairway is lined with existing homes on both sides. In that case, the setback requirement may be reduced on one side of the fairway by City Council.

Multi-Story Structures. All structures exceeding one-story within the project area shall provide a minimum setback of 150 feet from the property line of existing lands zoned residential or with residential uses. This setback may be reduced to 100 feet if the area is buffered by a desert greenway.

The area between the structures and perimeter property line shall be landscaped and maintained. If unobstructed by walls/fences and consistent with Desert Greenways, this landscape buffer may be included in the open space standards identified in paragraph F.3. above.

Stormwater management requirements. The applicant shall demonstrate that the stormwater management for the surrounding uses will be maintained at an equivalent or improved level of service. This shall be demonstrated by a pre versus post development stormwater runoff analysis.

Floodplain review. In accordance with Riverside County Flood Control and FEMA, the project shall address all issues related to floodplain management. Any areas proposed for structures shall be outside the 100-year floodplain after development. The post development condition shall not increase flood risk for any existing structures.

All other development standards. The conversion of golf courses shall be consistent with the development standards in the Zoning Code, as amended. Building heights, open space and other development standards shall comply with one or more of the zones listed in the Zoning Code. However, an alternative land plan with site specific standards may be considered when vetted through the process outlined in this ordinance, provided open space is preserved.

Existing roadways identified by the General Plan as Major or Secondary Thoroughfares, if previously interrupted by the existing golf course, shall be reconnected during the conversion process.

(Ord. 2000 § 2, 2019; Ord. 2031 §§ 61—63, 2020)

Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

Definition. A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

Application.

Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

An application for a two-unit project must be submitted on the city's approved form.

The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

Approval.

An application for a two-unit project is approved or denied ministerially, by the Director, without discretionary review.

The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

Requirements. A two-unit project must satisfy each of the following requirements:

Map Act Compliance. The lot must have been legally subdivided.

Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

Lot Location.

The lot is not located on a site that is any of the following:

(1)

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

(2)

A wetland.

(3)

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

(4)

A hazardous waste site that has not been cleared for residential use.

(5)

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

(6)

Within a 100-year flood hazard area, unless the site has either:

(i)

Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

(ii)

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

(7)

Within a regulatory floodway unless all development on the site has received a no-rise certification.

(8)

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

(9)

Habitat for protected species.

(10)

Land under conservation easement.

(11)

Land within a hillside area, as that term is defined in section 93.13.00.

The purpose of subpart (E)(3)(a) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)-(K). (See Gov. Code § 66411.7(a)(3)(C).)

Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory, nor may the lot be or be within a site that is designated by ordinance as a city or county resource or as a historic property or within a historic district.

No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

Housing that is income-restricted for households of moderate, low, or very low income.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the 15 years prior to submission of the urban lot split application.

Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

Unit Standards.

Quantity.

(1)

No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.

(2)

A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city's ADU ordinance.

Unit Size.

(1)

The total floor area of the first primary dwelling that is developed on a resulting lot must conform to the following:

(i)

Less than or equal to 1,500 square feet and

(ii)

More than 400 square feet.

(2)

The total floor area of the second primary dwelling that is developed on a resulting lot must conform to the following:

(i)

Less than or equal to 1,000 square feet and

(ii)

More than 400 square feet.

(3)

If there is a primary dwelling on a resulting lot that was legally established before the urban lot split, the existing dwelling may be expanded in accordance with the lot coverage, setback, and other standards of this title to the extent that the expansion still leaves at least 1,000 square feet of developable area on the lot. If there is less than 1,000 square feet of developable area left on the lot, the existing dwelling may not be expanded.

Height Restrictions.

(1)

On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

(2)

On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. A second story is only permissible where conformance to lot coverage or setback requirements does not allow for two primary units on the lot of up to 1,000 square feet each. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the step back.

(3)

No rooftop deck or second-floor balcony is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

Lot Coverage. Lot coverage shall not exceed 45%. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 1,000 square feet each.

Setbacks.

(1)

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

(2)

Exceptions. Notwithstanding subpart (E)(6)(f)(1) above:

(i)

Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

(ii)

1,000 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 1,000 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

(3)

Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 25 feet from the front property lines. The front setback area must:

(i)

Be kept free from all structures greater than three feet high;

(ii)

Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans prepared by a licensed landscape architect or qualified professional as that term is defined in PSMC Chapter 8.60;

(iii)

Allow for vehicular and fire-safety access to all structures on the lot.

(4)

Front Setback – Exception. If the adjacent lots abutting the side lot lines of the subject lot contain primary dwellings that have front setbacks with a depth of less than 25 feet, the minimum front setback may be reduced up to a line parallel to the average of the front setback of the adjacent lots.

(5)

Swimming pools. Swimming pools may be permissible in any yard area in accordance with the requirements of Section 93.01.00. Where a swimming pool is installed in a front yard setback area, the landscape requirement identified in subpart (E)(6)(f)(3)(ii) above may be reduced to a minimum of 15 percent.

Parking.

(1)

Parking Spaces Required. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:

(i)

The lot is located within one-half mile walking distance of either

(I)

a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or

(II)

a site that contains an existing rail or bus rapid transit station, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

(ii)

The site is located within one block of a car-share vehicle location.

(2)

Tandem Parking. Tandem parking within a garage, carport, or on a surface parking area is permissible for any lot developed as part of an urban lot split.

Driveways.

(1)

Maximum Number of Driveways. A maximum of one new driveway is permitted for each lot that is created as part of an urban lot split.

(2)

Maximum Driveway Width. Driveway width is limited to a maximum of 18 feet, measured from outside edge to outside edge.

(3)

Distance from Street Intersection. Each new driveway must be at least thirty feet from the intersecting corner property lines at the street intersection.

(4)

Parking Bays. Parking bays that take direct access from a public right-of-way shall be prohibited.

Architecture.

(1)

If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit that is visible from a public right-of-way must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(2)

If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(3)

All exterior lighting must be limited to down-lights.

(4)

No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

(5)

If an attached garage is visible from a public right-of-way, the total width of all garage doors on the dwelling must be less than 50 percent of the total width of the dwelling's façade facing the public right-of-way.

Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

(1)

At least one 5-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24″ box size plant shall be provided for every 10 linear feet of exterior wall. A minimum of two 24" box size drought tolerant trees shall be planted on each lot created under the ordinance codified in this section.

(2)

Plant specimens utilized to provide screening as required in subpart (E)(10)(h)(4) above must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

(3)

All landscaping must be drought tolerant.

(4)

All landscaping must be from the city's approved plant list.

Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

Utilities. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city's current code.

Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

All enclosed structures on the site must have fire sprinklers.

All sides of all dwellings on the site must be within a 150-foot hose pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe.

If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

Separate Conveyance.

Primary dwelling units on the lot may not be owned or conveyed separately from each other.

Condominium airspace divisions and common interest developments are not permitted within the lot.

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

Regulatio`n of Uses.

Residential-only. No non-residential use is permitted on the lot.

No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.

Owner Occupancy. Unless the lot was formed by an urban lot split or the units are constructed by a qualified nonprofit corporation (as defined by Government Code Section 214.15), the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

10.

Notice of Construction.

At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

(1)

Notice that construction has been authorized,

(2)

The anticipated start and end dates for construction,

(3)

The hours of construction,

(4)

Contact information for the project manager (for construction-related complaints), and

(5)

Contact information for the Building & Safety Department.

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

11.

Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

Expressly prohibits any non-residential use of the lot.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

States that the property is formed by an urban lot split and is therefore subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.

Specific Adverse Impacts.

Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

"Specific adverse impact" has the same meaning as in Gov. Code 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(9).

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific adverse impact.

Remedies. If a two-unit project violates any part of this code or any other legal requirement:

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

The city may:

Bring an action to enjoin any attempt to sell, lease, or finance the property.

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

Record a notice of violation.

Withhold any or all future permits and approvals.

Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city's code.

(Ord. 2057 § 4, 2022; Ord. 2058 § 3, 2022; Ord. 2068 § 3, 2022; Ord. 2088, 11/9/2023)