§ 93.23

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.

• A. Location.

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

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

3. 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.

4. 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.

B. 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.

• C. 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.

• D. 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.

• E. 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.

• F. Lighting.

Lighting shall conform to the requirements of Section 93.21.00.

• G. 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.

H. 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.

I. 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.

J. 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.

• K. 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:

1. 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.

2. 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.

• L. Signs.

All signage shall conform to the provisions of Section 93.20.00.

• M. 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.

• A. Site Area.

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

• B. Location.

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

• C. 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)

• A. 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.

  1. 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.

• B. 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:

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

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

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

  4. 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.

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

  6. 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).

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

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

  9. 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.

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

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

• E. 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.

• A. 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.

1. Recreational vehicles as defined in Section 91.00.09(A) ;

2. 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;

3. 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;

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

• B. Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, 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.

C. 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.

1. Recreational vehicle repair service,

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

• D. Property Development Standards for RV Parks.

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

1. Size of RV Park.

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

2. 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.

3. 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.

4. 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.

• E. Walls, Fences and Landscaping.

  1. 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.

2. Permitted Fences and Walls.

The provisions of Section 93.02.00 shall apply.

• F. Open Space.

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

• G. Signs.

The provisions of Section 93.20.00 shall apply.

• H. 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.

• I. Off-Street Loading and Trash Areas.

  1. The provisions of Section 93.07.00 shall apply.

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

• J. Antennas.

The provisions of Section 93.08.00 shall apply.

• K. Property Development Standards within the Recreational Vehicle Park.

  1. Size of Space.

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

2. 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.

3. 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.

4. 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.

5. Water Service.

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

6. Sewer Service.

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

7. 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.

8. Accessory Structures.

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

9. 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)

• A. Application.

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

• B. Approval.

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

• C. Time Limits.

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

• D. 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:

• A. 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.

• B. Parking.

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

1. Independent Living Facilities.

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

2. Congregate Care, Assisted Living and Board and Care Facilities.

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

3. Intermediate Care and Skilled Nursing Facilities.

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

• C. 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)

• A. 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.

• B. 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:

1. Watercourse zone (W);

2. Open land zone (0-5);

3. Energy industrial zone (E-I);

4. Manufacturing zone (M-2).

• C. Uses Permitted With a Conditional Use Permit.

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

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

3. 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.

• D. 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:

1. Name and address of the applicant;

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

3. 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,

  • (g) Setbacks,

  • (h) Circulation,

    • (i) Ingress and egress,

    • (j) Utilization of the property under the requested permit;

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

  5. 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;

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

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

  8. A site preparation and installation schedule;

  9. 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;

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.

• E. Standard and Development Criteria.

  1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

afety 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.

F. Use of Permit.

1. 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.

2. 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.

3. 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.

• G. Revocation or Voiding of Conditional Use Permit.

  1. 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.

  2. 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).

  3. 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.

4. If the time limit for development expires and development has not commenced, or the use permitted by the conditional use permit does not exist or 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.

   5. 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.

• H. 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.

• I. 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)

A. 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.

B. 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-toend 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.

• C. 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:

1. Broadcast Receiving Antennas.

   • a. Permissible Types: Broadcast receiving antennas may be of any type.

   • b. Maximum Allowable Dimensions.

Broadcast receiving antennas may be of any size compatible with the height limitations hereinafter prescribed.

• c. 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 .

2. Communication Antennas.

a. Permissible Types.

The use of communications antennas shall be restricted to the following types:

• (i) Whip antennas;

• (ii) Inverted-V antennas;

• (iii) Collinear antennas;

• (iv) Yagi antennas;

• (v) Parabolic antennas.

b. 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.

• c. 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

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).

D. 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 .

1. 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;

2. 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.

E. 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.

• F. 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.

• G. 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.

• A. 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.

• B. 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.

• C. 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.

• D. 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.

• A. 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.

• B. 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.

• C. 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:

1. The conditions imposed in connection with such permit have been violated or not adhered to; or

2. 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

3. 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

4. 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.

• D. 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)

• A. 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.

• B. 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 timeshare uses. No time-share project shall be allowed in an "A" zone.

• C. 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.

• D. Transient Occupancy Tax Applicable.

All time-share projects shall be subject to the provisions of Chapter 3.28 of the Palm Springs Municipal Code.

• E. Time-share Conditional Use Permit.

In addition to other considerations of the conditional use permit for a time-share project, the following shall apply:

1. 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.

sion 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.

2. The commission may approve or deny an application for conditional use permit for a timeshare 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:

   • a. The impact of the time-sharing project on transient or permanent rental stock;

   • b. The impact of time-sharing on present and future city services;

   • c. Nonconformity with current zoning regulations and the general plan, and reasonable conditions to eliminate same;

   • d. Nonconformity with existing uniform building and fire codes and reasonable conditions to eliminate same;

   • e. The sign program proposed for the project;

   • f. The landscaping proposed for the project;

   • g. Traffic circulation and parking;

   • h. 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;

   • i. The desirability of requiring an office of the managing agent or agency be located locally or on-site, as appropriate;

   • j. 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.

• F. Appeals.

The provisions of Chapter 2.05 of the Palm Springs Municipal Code shall apply.

• G. 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.

• H. 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)

• A. 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.

• B. 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.

• C. 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:

1. 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.

2. 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.

• D. 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.

1. All units in a condominium hotel may be used only for short term transient accommodations.

2. Licensing will be required of all condominium hotels through all applicable state and local agencies. All licenses must be kept current.

3. A unified management operation shall be required as an integral part of the condominium hotel for all activities.

4. 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.

5. There shall be a uniform key entry system operated by the condominium hotel manager to receive and disburse keys for each condominium hotel unit.

6. There must be one central telephone system operated by the condominium hotel manager in order to access each condominium hotel unit.

7. 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.

8. 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.

9. 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.

ed 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 condohotel 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)

• A. 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.

• B. Video/amusement Arcades as a Primary or Secondary Use.

  1. 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-DN, 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.

2. 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:

  - a. Primary Uses. 

     - i. 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. 

     - v. 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.

  - b. Secondary uses shall be subject to all conditions of a primary use and the following: 
  
     - i. 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. 
  

• C. Video/amusement Machines as an Accessory Use.

  1. 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:

• a. There shall be no outdoor advertising or signing of the accessory use.

• b. 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.

• c. 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.

• d. No additional parking shall be required for an accessory use.

• e. 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.

• D. 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)

• A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

• B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

  1. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

  2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

  3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

  4. Required to correct a nonconforming zoning condition, as defined in subsection C.8 below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12 .

• C. Definitions. As used in this section, terms are defined as follows:

  1. "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:

     • a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

     • b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

  2. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

  3. "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.

  4. "Efficiency kitchen" means a kitchen that includes all of the following:

     • a. A cooking facility with appliances.

     • b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

  5. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

     • a. It is no more than 500 square feet of interior livable space in size.

     • b. 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.

     • c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

     • d. 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.

     • e. It includes an efficiency kitchen, as defined in subsection C.4 above.

6. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

   7. "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.

   8. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

   9. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

   10. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

   11. "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.

   12. "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.

• D. Approvals. The following approvals apply to ADUs and JADUs under this section:

  1. 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 each of the scenarios provided in this subsection D.1 . An ADU and JADU approved under subsection D.1.a . may be combined with an ADU approved under subsection D.1.b , and ADUs approved under subsection D.1.c . may be combined with ADUs approved under subsection D.1.d .

     • a. 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:

       • i. 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 Sections 66333 through 66339 .

  • b. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:

    • i. The side- and rear-yard setbacks are at least four feet.

    • ii. The total floor area is 800 square feet of livable space or smaller.

    • iii. The peak height above grade does not exceed the applicable height limit in subsection E.2 below.

• c. 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% of the existing multifamily dwelling units.

  • d. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following limitations:

    • i. 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.

    • iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

2. ADU Permit.

   • a. 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.

   • b. 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 Planning Director and approved by the city council by resolution.

3. Process and Timing.

   • a. Completeness.

     • i. Determination in 15 Days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.

     • ii. Incomplete Items. If the city's determination under subsection is that the application is incomplete, the city's notice must list the incomplete items and describe how the application can be made complete.

       • iii. Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.

       • iv. Subsequent Submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.

Submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.

     - v. Deemed Complete. If the city does not make a timely determination as required by this subsection, the application or resubmitted application is deemed complete for the purposes of subsection. 

     - vi. Appeal of Incompleteness. An applicant may appeal the city's determination that the application is incomplete by submitting a written appeal to the city clerk. The building appeal board will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal. 

  - b. An ADU and JADU permit is considered and approved ministerially, without discretionary review or a hearing. 

  - c. 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: 

     - i. 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. 

  - d. 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. 

  - e. An applicant may appeal the city's denial of the application by submitting a written appeal to the city clerk. The building appeal board will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal. 

  - f. 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. 

• E. 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:

  1. Zoning.

• a. 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.

  • b. 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.

  • c. In accordance with Government Code Section 66333(a) , a JADU may only be created on a lot zoned for single-family residences.

2. Height.

   • a. 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.

   • b. 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.

   • c. 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.

   • d. 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.

   • e. For purposes of this subsection E.2 , height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

3. Fire Sprinklers.

   • a. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.

   • b. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. 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.

5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341 , 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).

6. 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.

7. Owner Occupancy.

   • a. ADUs are not subject to any owner-occupancy requirement.

• b. As required by state law, all JADUs are generally 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.

  - i. Exceptions. The owner-occupancy requirement in this subsection does not apply in either of the following situations: 
  
     - (A) The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure). 
  
     - (B) The property is entirely owned by another governmental agency, land trust, or housing organization.
  

8. Deed Restriction. Prior to issuance of a certificate of occupancy for a 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:

   • a. The JADU may not be sold separately from the primary dwelling.

   • b. The JADU is restricted to the approved size and to other attributes allowed by this section.

   • c. The deed restriction runs with the land and may be enforced against future property owners.

   • d. The deed restriction may be removed if the owner eliminates the 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 JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the director's determination consistent with other provisions of this code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

   • e. 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 JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. 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:

   • a. 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.

• b. 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.

• a. Must Comply with Building Code. Subject to subsection E.10.b below, all ADUs and JADUs must comply with all local building code requirements.

  • b. 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.

11. Certificate of Occupancy Timing.

  - a. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. 

  - b. Limited Exception for State-declared Emergencies. Notwithstanding subsection D.11.a above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met: 

     - i. The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. 

     - ii. The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency proclamation. 

     - iii. The ADU has been issued construction permits and has passed all required inspections. 

     - iv. The ADU is not attached to the primary dwelling. 

• F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 above.

  1. Maximum Size.

     • a. The maximum size of a detached or attached ADU subject to this subsection F is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.

     • b. 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.

• c. 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 percentbased 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 of interior livable space.

  2. 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.

  3. Setbacks.

     • a. ADUs that are subject to this subsection F must conform to a 25-foot front-yard setback, subject to subsection F.1.c above.

     • b. An ADU that is subject to this subsection F must conform to four-foot side- and rearyard setbacks.

     • c. 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.

4. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed 50%, subject to subsection F.1.c above.

5. 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%, subject to subsection F.1.c above.

6. Passageway. No passageway, as defined by subsection C.9 above, is required for an ADU.

7. Parking.

   • a. Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.12 above.

   • b. Exceptions. No parking under subsection F.7.a is required in the following situations:

     • i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.11 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.

     • v. 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.

   • c. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space 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.

8. Architectural Requirements.

   • a. 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.

• b. 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.

  • c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

  • d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

  • e. 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.

  • f. 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.

    • g. 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.

  9. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:

     • a. At least one 15-gallon size plant must be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant must be provided for every 10 linear feet of exterior wall.

     • b. 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.

     • c. All landscaping must be drought-tolerant.

     • d. 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.

• G. Fees. The following requirements apply to all ADUs that are approved under subsection D.1 or D.2 above.

  1. Impact Fees.

     • a. No impact fee is required for a JADU or for an ADU that is less than 750 square feet of interior livable space. For purposes of this subsection G.1 , "impact fee" means a "fee" under the Mitigation Fee Act (Gov't. Code Section 66000(b)) and a fee under the Quimby Act (Gov't. Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

     • b. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code Section 17620(a)(1)(C) , and is therefore not subject to school fees under Education Code Section 17620 .

     • c. Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space 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).

  2. Utility Fees.

• a. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

  - b. Except as described in subsection **G.2.a** , JADUs and converted ADUs on a singlefamily lot that are created under subsection **D.1.a** above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code. 
  
  - c. 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. 
  
     - i. 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. 
  

• H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

  1. 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.

  2. Unpermitted ADUs and JADUs Constructed Before 2020.

     • a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

       • i. The ADU or JADU violates applicable building standards; or

       • ii. The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Section 93.23.14).

     • b. Exceptions:

       • i. Notwithstanding subsection H.2.a above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3 .

       • 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 .

• I. Nonconforming ADUs and JADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development 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; Ord. 2123, 1/14/2026)

• A. 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.

• B. 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.

• C. 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.

  1. 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.

  2. 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.

  3. All Cannabis Facilities shall be separated by a minimum 600 foot separation distance from any of the following:

     • a. School;

     • b. Public playground;

     • c. Public park;

     • d. Day care/childcare center; or

     • e. Youth center.

  4. Notwithstanding any other verbiage in this Subsection 93.23.15.C, these separation requirements shall not apply to Cannabis Facilities in any zone that:

     • a. 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;

• b. 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

  - c. 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.

• D. 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.

• E. Parking Requirements. Parking requirements for Cannabis Facilities shall be as listed in Section 93.06.00(D).

• F. Additional Requirements for Specific Cannabis Uses.

  1. Odor Control. All Cannabis Facilities shall be subject to the odor control requirements listed in Chapter 5.55 .

  2. 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.

  3. Architectural Review.

     • a. 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).

     • b. Cannabis Facilities located in a Cannabis Overlay Zone shall be exempt from the architectural review requirements specified in subsection (a) above.

4. 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).

   5. 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:

      • a. The testing results cannot be published or shared with the public or any third party, except as required by applicable law.

      • b. Testing shall be limited to cannabis goods grown or produced at the Cannabis Facility.

      • c. 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.

      • d. 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.

      • e. 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.

   6. Cannabis Lounges. Cannabis Lounges shall be subject to the following requirements:

   • a. 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.

   • b. 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.

   • c. Alcohol and Tobacco Products. The sale or consumption of alcohol or tobacco products is not allowed on the premises.

• d. 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)

• A. 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.

• B. 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.

• C. 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.

• D. The revocation or modification process shall be conducted pursuant to the following:

  1. 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.

  2. 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.

  3. 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.

  4. The Commission shall consider the following issues and potential conditions in its review of a vacation rental of an Estate Home:

     • a. Regulation of use,

     • b. Special yards, space, and buffers,

     • c. Fences and walls,

     • d. Surfacing of parking areas subject to city specifications,

     • e. Requiring street, service road or alley dedications and improvements or appropriate bonds,

     • f. Regulation of points of vehicular ingress and egress,

     • g. Regulation of signs,

     • h. Requiring landscaping and maintenance thereof,

• i. Requiring maintenance of the grounds,

  - j. Regulation of noise, vibration, odors, etc., 
  
  - k. Regulation of time for certain activities, 
  
  - l. Time period within which the proposed use shall be developed, 
  
  - m. Duration of use, 
  
  - n. Dedication of property for public use, 
  
  - o. Limitation on the number of guests, 
  
  - p. Limitation on the number of vehicles, 
  
  - q. Imposition of building and/or safety requirements applicable to small hotels, 
  
  - r. 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)

• A. 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.

• B. 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:

1. 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) .

2. 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.

3. 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.

• C. Development eligibility, bonus densities, and incentive counts.

  1. 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).

on 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).

  - a. 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: 

     - i. 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. 

• 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.

• b. 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:

  • i. 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.

• 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.

• c. 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.

• d. 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:

  • i. 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.

• 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.

• e. 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.

• f. 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.

• g. Child care facility included with a housing development project. A housing development project, which conforms to the requirements of subsections C.1.a (Housing development with low income restricted affordable units, for sale or for rent), C.1.b

(Housing development with very low income restricted affordable units, for sale or for rent), C.1.c (Market rate senior housing, for sale or for rent), C.1.d (Common interest development with moderate income restricted affordable units, for sale or for rent), or C.1.e (Housing for transitional foster youth, disabled veterans, or homeless persons) of this section, and includes a child care facility located on the premises of, as part of, or adjacent to, the project, shall be granted one of the following:

  - i. An additional density bonus that is, for purposes of calculating residential density, an increase in the floor area of the project equal to the floor area of the child care facility included in the project; or 

  - ii. An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility. 

• h. 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:

  • i. A density bonus of 25%; or

  • ii. Up to three incentives of, in the aggregate, equivalent financial value to the density bonus of 25%.

2. Ineligible developments.

   • a. 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:

     • i. The proposed housing development replaces those units, as defined in subsection C.2.c (Replacement); and

     • ii. Either of the following applies:

• A. The proposed development, inclusive of the units replaced pursuant to this subsection, contains affordable units at the percentages required in subsections C.1.a (Housing development with 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

     - B. 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. 
  

  • b. 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 fiveyear 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:

• i. The proposed condominium project replaces those units, as defined in subsection C.2.c (Replacement) below; and

• ii. Either of the following applies:

  • A. 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

  • B. 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.

• c. Replacement. For purposes of this subsection C.2 (Ineligible Developments), "replace" shall mean either of the following:

• i. 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,

come 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).

• D. Application processing and review.

  1. Application. An application for a density bonus, incentives, parking requirements alterations, and/or waiver or any other provision in this section shall:

     • a. Be submitted in conjunction with an applicable development permit application;

     • b. Be made on a form provided by the Department;

     • c. Be accompanied by applicable fees;

     • d. 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;

     • e. 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

     • f. 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.

  2. Review authority. Applications shall be reviewed by the review authority charged to review the applicable development permit application.

• E. 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:

  1. 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.

  2. 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.

3. 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.

   4. 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.

   5. Other discretionary approval. Approval of density bonus units shall not, in and of itself, trigger other discretionary approvals required by this Code.

   6. 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.

   7. 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.

   8. 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.

   9. 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.

• F. 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).

  1. On-menu incentives. The City Council has determined that the on-menu incentives listed below would not have a specific adverse impact.

     • a. Lot coverage. Up to 20% increase in lot coverage limits.

     • b. Lot width. Up to 20% decrease from a lot width requirement.

     • c. 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.

     • d. Height. Up to an 11 foot increase in the allowable height.

     • e. 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.

  2. 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.

3. 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:

   • a. 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).

   • b. 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.

   • c. The concession or incentive would be contrary to state or federal law.

   4. 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.

• G. Parking requirement alteration standards.

  1. 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).

  2. On-menu parking requirement alterations.

     • a. 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:

       • i. 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.

     • b. 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:

       • i. 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.

• c. 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:

     - i. 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. 
  
  - d. 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: 
  
     - i. 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. 
  
  - e. 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). 
  

  3. 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).

  4. 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.

  5. 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.

6. 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.

• H. Waiver standards.

  1. 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.

  2. 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.

  3. Denial of requested waiver. The reviewing authority may deny a request for a waiver under this section if it finds the waiver would:

     • a. 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

     • b. 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

     • c. Have an adverse impact on any real property that is listed in the California or Palm Springs Register of Historical Resources; or

     • d. Be contrary to state or federal law.

• I. Covenants.

  1. 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).

2. Covenants for specific developments.

   • a. 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.

   • b. 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.

   3. 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.

   4. 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.

• J. 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)

• A. 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.

• B. For the purposes of this section, unless otherwise apparent from the context, certain words or phrases used in this section are defined as follows:

  1. "FEHA" means the California Fair Employment and Housing Act, codified at Government Code Section 12900 et. seq.

  2. "FHA" means the Fair Housing Act, codified at 42 U.S.C. 3601 et. deq.

  3. "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.

  4. "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.

• C. 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).

• D. Applicability.

  1. Eligible Applicants.

     • a. 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.

     • b. 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.

  2. 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.

• E. Application.

1. 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.

   2. 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.

• F. Review and Processing.

  1. 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).

  2. Decision.

     • a. 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.

  - b. 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. 

3. 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.

4. 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.

• G. 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:

  1. 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.

  2. The requested accommodation is necessary to make housing available to a person with disabilities protected under the fair housing laws.

  3. The requested accommodation would not impose an undue financial or administrative burden on the city.

  4. 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.

5. 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.

• H. Appeals.

  1. 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.

  2. 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.

• I. 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.

• J. Modifications or Revocations Initiated by the City.

  1. 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.

2. 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)

• A. 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.

• B. 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)

• A. 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:

  1. 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.

  2. 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.

  3. 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.

  4. 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).

5. 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.

• B. Applicability.

  1. 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 nonoperational.

  2. 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 nongolf course use.

• a. 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.

  - b. 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. 
  
     - i. 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** . 
  

  3. 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.

• C. Intent to convert application procedures.

1. 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. 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;

• b. 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;

  • c. The Developer's Alternatives Statement, as provided for in paragraph (C)(2) below;

  • d. 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;

  • e. 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;

  • f. 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

  • g. 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:

    • i. 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);

    • v. 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).

• h. The owner shall attest that there are no active or outstanding code enforcement activities on the golf course.

2. 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.

• a. No conversion: The applicant shall examine opportunities to retain all or part of the golf course. The following considerations are to be assessed:

  • i. 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.

• b. 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.

• c. 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.

art 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.

• d. 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.

3. 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:

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:

• a. 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.

• b. 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.

• c. 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.

• d. 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.

4. 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.

• D. Formal conversion application procedures.

  1. 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:

     • a. General Plan Amendments. For projects subject to 93.23.20.B.2.a., the applicant shall file a General Plan Amendment application.

     • b. 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.

     • c. 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.

     • d. 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.

nversion 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.

2. 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.

3. Planning Commission.

   • a. Public hearing. The Planning Commission shall hold a public hearing in the manner provided for in Section 94.09.00 .

   • b. 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.

4. City Council.

   • a. Public hearing. The City Council shall hold a public hearing in the manner provided for in Section 94.09.00 .

   • b. 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.

• E. Compatibility review guidelines.

The staff report shall evaluate, and the Planning Commission and City Council shall make written findings on each of the following:

1. 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.

2. Whether the Outreach Meetings report and point-counterpoint list described above reasonably reflect the discussions that took place at the Outreach Meetings.

3. Whether the applicant incorporated reasonable input provided by the community members to address impacts of the golf course conversion on community members' real property.

4. Whether the applicant provided an explanation as to why input from the community members was not incorporated into the conceptual development plan.

5. Whether the applicant appropriately demonstrated opportunities and constraints of an existing site and economic viability of the chosen proposal.

6. Whether the applicant complies with other required findings for the requested development entitlements.

   7. Whether there are any Existing Agreements that would prevent the application from moving forward.

   8. Whether there are significant environmental impacts that cannot be mitigated with the proposed project.

   9. 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.

• F. 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.

1. 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.

2. 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.

3. 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:

   • a. Streets (pavement and curbs),

   • b. Driveways,

   • c. Concrete waterway channels,

   • d. Private residential yards for single family homes,

   • e. Setbacks for all new uses (R-1, R-2, R-3, R-4, commercial and hotel zones),

   • f. 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.

4. 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.

   • a. 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.

   • b. 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.

   • c. Maintenance of the greenways, artificial ponds, flood channels and floodways, shall be identified through the specific plan review process.

   • d. 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.

     • e. 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.

     • f. A portion of the greenway may provide stormwater management.

     • g. 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.

   5. Building setbacks.

• a. 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.

  - b. 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. 
  
  - c. 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. 
  

  6. 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.

  7. 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.

  8. 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.

  9. 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)

• A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21 .

• B. 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.

• C. Application.

  1. 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).

  2. An application for a two-unit project must be submitted on the city's approved form.

  3. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

  4. 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.

  5. 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.

• D. Approval.

  1. An application for a two-unit project is approved or denied ministerially, by the Director, without discretionary review.

  2. 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.

  3. 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.

  4. 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.

• E. Requirements. A two-unit project must satisfy each of the following requirements:

  1. Map Act Compliance. The lot must have been legally subdivided.

  2. Zone. The lot is in a single-family residential zone. For purposes of this section, a singlefamily 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.

  3. Lot Location.

     • a. 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 firehazard 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 norise 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. 
  

  • b. 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).)

4. 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.

5. 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:

   • a. Housing that is income-restricted for households of moderate, low, or very low income.

   • b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

   • c. 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.

   • d. 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.

6. Unit Standards.

   • a. 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.

• b. 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.

• c. 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.

• d. 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.

• e. 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.

• f. 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.

• g. 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.

• h. 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. 
  

  • i. 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.

  • j. 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.

  • k. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

  • l. Utilities. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

  • m. 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.

7. 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:

• a. 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.

• b. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

• c. All enclosed structures on the site must have fire sprinklers.

• d. 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.

• e. 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 fireauthority standard pump and hose equipment.

8. Separate Conveyance.

   • a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.

   • b. Condominium airspace divisions and common interest developments are not permitted within the lot.

   • c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

9. Regulatio`n of Uses.

   • a. Residential-only. No non-residential use is permitted on the lot.

   • b. No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.

   • c. 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.

• a. 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.

• b. 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:

  - a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days. 

  - b. Expressly prohibits any non-residential use of the lot.

• c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

  - d. 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. 
  
  - e. 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. 
  

• F. Specific Adverse Impacts.

  1. 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.

  2. "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) .

  3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific adverse impact.

• G. Remedies. If a two-unit project violates any part of this code or any other legal requirement:

  1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

  2. The city may:

     • a. Bring an action to enjoin any attempt to sell, lease, or finance the property.

     • b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

     • c. 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.

     • d. Record a notice of violation.

     • e. Withhold any or all future permits and approvals.

     • f. 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)