Businesses in the immediate area consist primarily of light industrial uses, retail uses, and other cannabis dispensaries . The proposed cannabis dispensary will have operating hours (10:00 am to 12:00 am) that extend beyond the hours of most of the adjacent retail and industrial businesses which are closed in the evening but should not pose an impact to those uses.
3. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity.
As part of the cannabis regulatory permit process, the applicant would be required to submit an odor control plan and security plan for review by the Department of Special Program Compliance. Adherence to the City’s odor control regulations and other operating procedures as contained in PSMC Chapter 5.55 should reduce immediate impacts to adjacent uses and the use will not be detrimental to the health, safety or general welfare of persons working in the surrounding area.
4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood.
The proposed cannabis facility will be within an existing commmercial building. The lot is not substandard in size, and does not have any environmental features or unique characteristics that would justify a minor modification application.
E. Resolution 24799 provides the following optional five (5) criteria in ev aluating cannabis facility distance separation waiver applications stated below:
1. The proposed use will be located in an existing building that is blighted.
The proposed use will be located in a pre- existing self-storage facility business.
The current owner purchased the commercial building in 2021. Present condition of the building is not a blighted condition.
2. The proposed use will be located in an existing commercial tenant space that has an extended period of time or has a demonstrated history of being difficult to lease for commercial uses.
The proposed facility will be located within an existing building that has not been occupied since 2016, per Business License records.
3. Approval of the proposed use will not result in the same type of cannabis use along the same block frontage where the use is proposed to be located.
There are two other cannabis uses within 500 feet of the proposed facility. Off the Charts Dispensary is within the same block frontage (285 feet away) and does not Item 3B - Page 12
Resolution No.
have a lounge facility. High Rollers Dispensary is located 340 feet away to the west on South Vella Road and does not operate a lounge.
4. The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations and business hours.
As noted previously, the proposed use is generally compatible with adjacent commercial and industrial uses. The hours of operation will extend later than most adjacent businesses but will be consistent with the other cannabis facilities.
5. The applicant has been qualified as a participant in the City’s Cannabis Social Equity Program.
The applicant is not a qualified participant in the City’s Cannabis Social Equity Program.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS:
That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the City Council hereby approves Case 7.1660 AMM, which seeks relief from the 500- foot-minimum separation distance requirement between cannabis dispensaries and cannabis lounges at 823 South Williams Road
ADOPTED THIS 10
TH DAY OF NOVEMBER 2022.
TERESA GALAVAN
INTERIM CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
Item 3B - Page 13
Resolution No.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, MONIQUE M. LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Item 3B - Page 14
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS , CALIFORNIA, DENYING AN
ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF
FROM THE MINIMUM SEPARATION DISTANCE
REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS
DISPENSARY (CALI CALI ) PROPOSED AT 823 SOUTH
WILLIAMS ROAD (CASE NO. 7.1660 AMM).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. SPS Manuf . Inc., LLC has filed an Administrative Minor Modification (AMM) request pursuant to Section 93.23.15(C)(1) of the Palm Springs Zoning Code, seeking relief from the minimum separation distance requirements of five- hundred (500) feet for the subject site located at 823 South Williams Road, APN 680- 160-016 Case 7.1660 AMM).
B. Palm Springs Zoning Code (PSZC) Section 93.23.15(C) provides specific guidelines regarding separation between two uses as measured in a straight line, without regard to intervening structures, from the nearest property line of the property on which the cannabis facility is located to other cannabis dispensary/lounges within five- hundred (500) feet.
C. PSZC Section 93.23.15(C) allows the City Council to exercise discretion in applying the PSZC relative to separation distances on a case- by-case basis with modifications considered and granted by the Council if proper findings can be made for an Administrative Minor Modification (AMM).
D. Section 94.06.01(B)(2) of the PSZC provides specific findings that must be met before the City Council can grant an Administrative Minor Modification. The findings are as follows:
1. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance.
The General Plan designation of the subject property is IND (Industrial). The proposed use is consistent with specific uses intended in mixed- use areas which typically include research and development parks, light manufacturing, laboratories, and industrial services. Retail commercial uses and offices shall be allowed as ancillary uses to the industrial use. The proposed use is also consistent with the zoning code, in that the site is zoned Service Manufacturing (M-1), which permits the proposed dispensary/lounge use pursuant to Section 92.17.01.
However, Section 93.23.15(C)(1) requires a 500-foot distance separation between cannabis dispensary/lounge facilities, with the intent of discouraging a saturation of cannabis facilities and providing a balance of uses in commercial districts.
2. The neighboring properties will not be adversely affected as a result of the approval Item 3B - Page 15
Resolution No.
or conditional approval of the minor modification.
Businesses in the immediate area consist primarily of light industrial uses, retail uses, and other cannabis dispensaries . The proposed cannabis dispensary will have operating hours (10:00 am to 12:00 am) that extend beyond the hours of most of the adjacent retail and industrial businesses which are closed in the evening.
3. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity.
As part of the cannabis regulatory permit process, the applicant would be required to submit an odor control plan and security plan for review by the Department of Special Program Compliance. Adherence to the City’s odor control regulations and other operating procedures as contained in PSMC Chapter 5.55 should reduce immediate impacts to adjacent uses and the use will not be detrimental to the health, safety or general welfare of persons working in the surrounding area.
4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood.
The proposed cannabis facility will be within an existing commmercial building. The lot is not substandard in size, and does not have any environmental features or unique characteristics that would justify a minor modification application.
E. Resolution 24799 provides the following optional five (5) criteria in ev aluating cannabis facility distance separation waiver applications stated below:
1. The proposed use will be located in an existing building that is blighted.
The proposed use will be located in a pre- existing self-storage facility business.
The current owner purchased the commercial building in 2021. Present condition of the building is not a blighted condition.
2. The proposed use will be located in an existing commercial tenant space that has an extended period of time or has a demonstrated history of being difficult to lease for commercial uses.
The proposed facility will be located within an existing building that has not been occupied since 2016, per Business License records.
3. Approval of the proposed use will not result in the same type of cannabis use along the same block frontage where the use is proposed to be located.
There are two other cannabis uses within 500 feet of the proposed facility, Off the Item 3B - Page 16
Resolution No.
Charts Dispensary is within the same block frontage (285 feet away) and does not have a lounge facility. High Rollers Dispensary is located 340 feet away to the west on South Vella Road and does not operate a lounge. The addition of a third cannabis dispensary within the same block creates a saturation of cannabis businesses, which may impact public health and safety through the secondary impacts associated with cannabis uses.
4. The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations and business hours.
As noted previously, the proposed use is generally compatible with adjacent commercial and industrial uses. The hours of operation will extend later than most adjacent businesses.
5. The applicant has been qualified as a participant in the City’s Cannabis Social Equity Program.
The applicant is not a qualified participant in the City’s Cannabis Social Equity Program.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS:
That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the City Council hereby denying Case 7.1660 AMM, which seeks relief from the 500- foot-minimum separation distance requirement between cannabis dispensaries and cannabis lounges at 823 South Williams Road
ADOPTED THIS 10
TH DAY OF NOVEMBER 2022.
TERESA GALAVAN
INTERIM CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
Item 3B - Page 17
Resolution No.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, MONIQUE M. LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Item 3B - Page 18
Resolution No.
Item 3B - Page 19
ATTACHMENT C
Item 3B - Page 20
Item 3B - Page 21
41 ·CALI CALI
Distance Waiver Justification Letter
SPS Manuf., LLC. -DBA CALI CALI
Levon Aslian
Location: 823 S. Williams Rd. Palm Springs CA 92262
Cannabis Application : C-2019-066
Thursday, September 15, 202-Z.
Dear City Council and Staff,
We're pleased to present this justification letter for Cali Cali Palm Springs. A cannabis Dispensary /Lounge Facility located on South Williams Rd. Our goal is to be an elite cannabis destination, our expert bud-tenders will guide patrons so that our consumption lounge will serve them. With our extensive menu we can tailor their experience just the way they want it.
We want our patrons to love the store, for it to become their go to place in Palm Springs for great flower and edibles. They will find great customer service and extensive knowledge level of our fun staff-We want them to learn something with every visit. We will be having a nice selection of CBD products too and they will have an amazing lounge experience where we will hand out information, watch games and relax.
Immediate proposed use is a Cannabis Retail Location (Retail area will be Approximately 2,217sqft) and Vaporizing/Smoke Lounge (Approximately 2,306sqft) separated via doors from retail floor into vaporizing lounge. Vaporizing is the process of using electronic heat conduction to convert THCA to Delta9 THC. To date" smoke lounges" in Palm Springs have been contained within the retail areas exposing patrons to odor that may also transfer to their clothes. We believe there is a significant demographic living and visiting Palm Springs that may not all appreciate being exposed to cannabis smoke thus by allowing us to operate on S. Williams Rd. we will be pulling the patrons away from the downtown and more into the Industrial Area. We will also be working under a State-of-the-Art Odor elimination sysem and focus on vaporizing vs igniting with flame.
The goal at Cali is to have premium cannabis products and unparalleled customer service which will go hand in hand. We promise to deliver the finest cannabis dispensary/lounge experience you can find, and we look forward to hosting soon.
Truly,
Levon Aslian
ATTACHMENT D
Item 3B - Page 22
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Mana gers, Trustees, Other Fiduciaries (please s pecify) Note: If any response is not a natural pers on, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________
________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________
________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
SPS MANUF. LLC
150 S. Rodeo Dr. Ste. 290
Beverly Hills, CA. 90212
California
X
Levon Aslian
CEOx
Item 3B - Page 23
Item 3B - Page 24
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor ] [percentage of beneficial interest in entity and name of entity]
A.
Levon Aslian 100%
[name of owner/ investor] [percentage of beneficial interest in entity and name of entity ]
B.
[name of owner/investor] [percentage of beneficia l interest in entity and name of entity]
C.
[name of owner/ investor) [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor ) [percentage of beneficial interest in entity and name of entity ]
E.
[name of owne r/investor ] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Titl e Date ~LEVON' A>UAN'
CEO
9.22.22 CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE FORM
APPLICANT DISCLOSURE FORM
(Revised 09 13.18)
ATTACHMENT E
Item 3B - Page 25
Item 3B - Page 26
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GABRIEL LUJAN
& ASSOCIATES
DRAFTING e DESIGN e LAND PLANNING
GABRIEl lUJAN
PRINCIPAL DESIGNER
77-530 ENFIELD LN. BLDG. I, STE. 101
PALM DESERT, CA. 92211
CELL:(760) 578-8545 FAX:(760) 674-8100
EMAIL- [email protected]
CONSULTANTS
LOGO:
These drawings are an instrument of service and remain the property of GLA DESIGN GROUP.
They are not to be reproduced or altered to any third party without the express written permission of
GLA DESIGN GROUP
REVISIONS DATE
ARCHITECT'S STAMP (if required)
A TENANT IMPROVEMENT
FOR:
SPS
MANUF.
LLC
823 S. Williams Rd,
Palm Springs, Ca. 92260
DRAWN
G.l.A.
CHECKED
G.l.A.
DATE
JULY 2021
SC ALE
As Noted
SHEET TITLE
SITE PLAN
SHEET NUMBER
A1
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PS-0707-2K21
Printed On: 09/15/22
Item 3B - Page 27
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I. DOOR HARDNARE SHALL BE OPENABLE NITH A
SINGLE EFFORT NITHOUT REQUIRING THE ABILITY
TO GRASP THE HARDNARE (LEVEL OR PUSH TYPE
ARE ACCEPTABLE).
2. DOOR HARDNARE SHALL BE MOUNTED 34" TO 44"
ABOVE FINISH FLOOR
3. _THE MAXIMUM EFFORT TO OPERATE EXIT DOORS
SHALL BE,
• 5 LBS FOR EXTERIOR DOORS.
5 LBS. FOR INTERIOR DOORS.
, 15 LBS FOR REQUIRED FIRE DOORS.
4. EXIT DOORS SHALL BE OPERABLE FROM THE INSIDE
NITHOUT THE USE OF A KEY, SPECIAL KNONLEDGE,
OF EFFORT. IN GROUP B,F,M ANDS OCCUPANCIES,
KEY - LOCKING HARDHARE MAY BE USED IN THE
MAIN EXIT IF A SIGN IS POSTED AT DOOR STATING
," THIS DOOR TO REMAIN UNLOCKED NHEN BUILDING
:1s OCCUPIED".
5. EXITS SHALL BE ILLUMINATED AT ANY TIME THE
BUILDING IS OCCUPIED NITH LIGHT HAVING AN
INTENSITY OF NOT LESS THAN I FOOTCANDLE
{10.16 Ix) AT FLOOR LEVEL. THIS MAY BE REDUCED
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DURING PERFORMANCES.
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CONTRACTOR SHALL FULLY COMPLY NITH FEDERAL
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SNITCHES, THERMOSTATS AND TIMER SNITCHES SHALL
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LINE OF OUTLET TO FINISHED FLOOR AND RECEPTACLE
OIJTLETS SHALL BE MOUNTED NOT LESS THAN 15" FROM
BOTTOM OF OUTLET TO FINISHED FLOOR.
-::r
F;
-::r .,.
NO.
GABRIEL LUJAN
& ASSOCIATES
DRAFTING 9 DESIGN 9 LAND PLANNING
GABRIEl lUJAN
PRINCIPAL DESIGNER
77-530 ENFIELD LN. BLDG. I, STE. 101
PALM DESERT, CA. 92211
CELL:(760) 578-8545 FAX:(760) 674-8100
EMAIL- [email protected]
CONSULT ANTS
LOGO:
These drawings are an instrument of service and remain the property of GLA DESIGN GROUP,
They are not to be reproduced or altered to any third party without the express written permission of
GLA DESIGN GROUP
REVISIONS DATE
ARCHITECT'S STAMP (if required)
A TENANT IMPROVEMENT
FOR:
SPS
MANUF.
LLC
823 S. Williams Rd,
Palm Springs, Ca. 92260
SHEET TITLE
1'.1lo'): LOOR PLAN
:)U-· 1 b ?:121.
:.u\N\1 ;·;::,:£;:S
!'.-E_::'' "'-'. ;-c.,10NT
DRAWN
G.L.A.
CHECKED
G.L.A.
DATE
JULY 2021
5 CALE
As Noted
SHEET NUMBER
JOB N 0.
PS-0707-2K21
Printed On: 09/15/22
Item 3B - Page 28
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Item 3B - Page 29
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Item 3B - Page 30
Item 3B - Page 31
CITY COUNCIL STAFF REPORT
11/10/2022
SUBJECT:
A REQUEST BY TPE ENTERPRISES, LLC FOR AN ADMINISTRATIVE MINOR
MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENTS FOR A CANNABIS DISPENSARY AT 1233 SOUTH GENE AUTRY TRAIL (CASE 7.1661 AMM)
RECOMMENDATION:
Adopt a Resolution, “A RESOLUTION OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION
FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (TPE ENTERPRISES, LLC) PROPOSED AT 1233 SOUTH GENE AUTRY TRAIL FROM TWO EXISTING CANNABIS DISPENSARIES (CASE 7.1661 AMM).” or, as an alternative
1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DENYING AN ADMINISTRATIVE MINOR
MODIFICATION FOR RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (TPE ENTERPRISES, LLC) PROPOSED AT 1233 SOUTH GENE AUTRY TRAIL FROM TWO EXISTING CANNABIS DISPENSARIES (CASE 7.1661 AMM).”
2. Attachments
Item 3C
CITY COUNCIL STAFF REPORT
DATE: N OVEMBER 10, 2022 BUSINESS & LEGISLATIVE
SUBJECT: A REQUEST BY TPE ENTERPRISES, LLC FOR AN ADMINISTRATIVE
MINOR MODIFICATION FOR RELIEF FROM THE MINIMUM
SEPARATION DISTANCE REQUIREMENT S FOR A CANNABIS
DISPENSARY AT 1233 SOUTH GENE AUTRY TRAIL (CASE 7.16 61 AMM)
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Planning Services
SUMMARY:
This is a request of the City Council to grant an Administrative Minor Modification (AMM) for relief from the separation distance requirement for a cannabis dispensary at 1233 South Gene Autry Trail in accordance with Section 92.23.15(F)(3)(A) of the Palm Springs Zoning Code (PSZC). The proposed dispensary will be for delivery only, and no patrons will be allowed on site. There are two approved cannabis dispensaries and one lounge within 500 feet of the subject site, necessitating the waiver application.
RECOMMENDATION:
1) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION FOR
RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNA BIS FACILITY ( TPE ENTERPRISES, LLC ) PROPOSED AT 1233 SOUTH GENE AUTRY TRAIL FROM TWO EXISTING CANNABIS DISPENSARIES (CASE 7.1661 AMM).” or, as an alternative
2) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DENYING AN ADMINISTRATIVE MINOR MODIFICATION FOR
RELIEF FROM THE MINIMUM SEPARATION DISTANCE REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS FACILITY (TPE ENTERPRISES, LLC) PROPOSED AT 1233 SOUTH GENE AUTRY TRAIL FROM TWO EXISTING CANNABIS DISPENSARIES (CASE 7.1661 AMM).”
Item 3C - Page 1
City Council Staff Report
November 10, 2022 -- Page 2
7.1661 AMM
BUSINESS PRINCIPAL DISCLOSURE:
The applicant has submitted a Public Integrity Disclosure Form and is included as an attachment to the report.
BACKGROUND:
Related Relevant City Actions
N/A A Conditional Regulatory Permit has been issued. A regulatory license will not be issued unless a distance waiver is granted.
Most Recent Change of Ownership
2017 Joseph D. Dennis III
Neighborhood Notice
10/27/2022
Notice of public hearing mailed to addresses within 500 feet of the site, notifying that the subject application would be considered by the City Council at a public hearing on November 10, 2022. The public hearing notice was also emailed to Neighborhood Organizations within one mile of the project site.
Field Check
09/27/2022 Staff visited site to observe existing conditions.
Site Area
Net Acres 0.36 Acres
Surrounding
Property
Existing Land Use
Per Chapter 92
Existing General Plan
Designation
Existing Zoning
Designation
Subject Property Vacant IND (Industrial) M1 (Service
Manufacturing)
North Eisenhower
Substation IND (Industrial) M1 (Service
Manufacturing)
South Industrial IND (Industrial) M1 (Service
Manufacturing)
East Industrial IND (Industrial) M1 (Service
Manufacturing)
West Industrial IND (Industrial) M1 (Service
Manufacturing)
STAFF ANALYSIS
The City has established separation and concentration standards for cannabis facilities within PSZC Section 93.23.15 ( Special Standards for Cannabis Uses ). These include Item 3C - Page 2
I
I
I
City Council Staff Report
November 10, 2022 -- Page 3
7.1661 AMM
separating all cannabis facilities a minimum of 600 feet from protected uses (i.e., schools, public parks, youth centers, etc.) and separating all cannabis lounges and dispensaries a minimum of 500 feet from other cannabis dispensaries or lounges . Section 93.23.15 also establishes a process to waive such separation requirements through the City Council review of an AMM application.
The applicant has submitted the AMM application to establish the proposed cannabis facility at 1233 South Gene Autry Trail and waive the separation requirements from two existing cannabis dispensaries, Extrax and The Morgue. Extrax received a regulatory Permit in 2018 (#C-2018-039) and The Morgue received a regulatory permit in 2019 (C - 2019-065). Both facilities are located immediately adjacent to the proposed facility.
Item 3C - Page 3
l egend
m St
O ooo Ft Rad i.is
Department of Planning Services
Vidnity Map
LJ ~pr m.·ed Cnnn abi!!I D1~!:! nS?1:ry
Parcels
City Council Staff Report
November 10, 2022 -- Page 4
7.1661 AMM
Cannabis Facilities Within 500 Feet
Permitted Facilities:
Name Address Zone Use Distance
Extrax 1231 S Gene
Autry Trail M1 Dispensary/Distribution 0 Ft.
Premier Edibles 1235 S Gene
Autry Trail M1 Manufacturing/Distribution 0 Ft.
Flagship
Distribution
1235 S Gene
Autry Trail M1 Distribution 0 Ft.
The Morgue 1241 S Gene
Autry Trail M1
Dispensary w/ Lounge,
Cultivation, Distribution,
Manuf. Type 6
0 Ft.
Prime DNA LLC 1227 S Gene
Autry Trail M1 Distribution ~220 Ft.
Project Description:
TPE Enterprises, LLC operates a cannabis business at 1235 South Gene Autry Trail. This business primarily consists of a manufacturing facility for infused edibles. The applicant is proposing to expand that business to include a dispensary, which will be located immediately next door at 1233 South Gene Autry Trail.
The building for the proposed dispensary has been vacant for an extended period; there is no business license history associated with this space since 2006. The proposed dispensary will occupy the entire building and is roughly 5,888- square feet in size. This area will include the warehouse space, delivery room, shipping and receiving room, offices, conference rooms and restrooms. The dispensary will be considered “ delivery- only” with no public access. The dispensary will make both recreational adult use and medical use available to residents and visitors by delivering product to patrons directly to their residence. Hours of operation will be Monday – Friday from 8 AM – 8 PM. A cannabis lounge is not proposed as part of this business plan.
Off-street parking will be accommodated within the existing parking lot located adjacent to the building. Exterior changes to the building are not proposed.
FINDINGS:
Section 92.23.15(C) of the Palm Springs Zoning Code authorizes the City Council to waive distance requirements through issuance of a Minor Modification. Pursuant to Palm Springs Zoning Code Section 94.06.01(B)(3), the following findings must be met to justify approval of a Minor Modification application. Staff has analyzed the required findings as follows:
1. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance.
Item 3C - Page 4
City Council Staff Report
November 10, 2022 -- Page 5
7.1661 AMM
The General Plan designation of the subject property is IND ( Industrial). The proposed use is consistent with specific uses intended in industrial areas which typically include research and development parks, light manufacturing, laboratories, and industrial services. Retail commercial uses and offices shall be allowed as ancillary uses to the industrial use. The proposed use is also consistent with the zoning code; the subject site is zoned Service Manufacturing (M-1) which permits the proposed dispensary/lounge use pursuant to Section 92.17 .01.
However, Section 93.23.15(C)(1) requires a 500-foot distance separation between cannabis dispensary/lounge facilities, with the intent of discouraging a saturation of cannabis facilities and providing a balance of uses in commercial districts.
2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification.
Businesses in the immediate area consist primarily of light industrial uses, retail uses, and other cannabis facilities. The proposed cannabis dispensary will have operating hours (8:00 AM to 8:00 PM) Monday – Friday and should not adversely affect the neighboring properties. The proposed cannabis facility has the possibility of adversely affecting the area due to an over-saturation of cannabis-related uses.
3. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity.
As part of the cannabis regulatory permit process, the applicant would be required to submit an odor control plan and security plan for review by the Department of Special Program Compliance. Adherence to the City’s odor control regulations and other operating procedures as contained in PS MC Chapter 5.55 should reduce immediate impacts to adjacent uses and generally should not be detrimental to the health, safety or general welfare of persons working in the surrounding area.
However, a concentration of cannabis -related uses in an area can result in secondary impacts which impact public health and safety.
4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood.
The proposed cannabis facility will be within an existing industrial building. The lot is not substandard in size, and does not have any environmental features or unique characteristics that would justify a minor modification application.
Pursuant to Resolution No. 24799, the City Council may also consider the following optional criteria in reviewing the distance waiver request:
5. The proposed use will be located in an existing building that is blighted.
Item 3C - Page 5
City Council Staff Report
November 10, 2022 -- Page 6
7.1661 AMM
The proposed use will be located within an existing building and is not considered a blight ed area; however, the building itself has been vacant for a prolonged period.
6. The proposed use will be located in an existing commercial tenant space that has an extended period of time or has a demonstrated history of being difficult to lease for commercial uses.
The proposed facility will be located within an existing building that has not been occupied since 2006, per Business License records.
7. Approval of the proposed use will not result in the same type of cannabis use along the same block frontage where the use is proposed to be located.
There is one cannabis dispensary/distribution facility (Extrax) that is operating and another cannabis dispensary/lounge, cultivation, distribution, and manufacturing (The Morgue) that is non-operational, within 500 feet of the proposed facility. Since there are two approved cannabis dispensaries within 500 feet of the proposed project site, approval of the proposed use could result in an oversaturation of the same type of cannabis uses.
8. The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations, and business hours.
The proposed use is compatible with adjacent industrial uses . The hours of operation are appropriate and consistent with other businesses in the area.
9. The applicant has been qualified as a participant in the City’s Cannabis Social Equity Program.
The applicant is not a qualified participant in the City’s C annabis Social Equity Program.
ENVIRONMENTAL ASSESSMENT
:
The proposed development is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”) and has been determined to be categorically exempt pursuant to Section 153 32 of the CEQA Guidelines ( Infill Development Projects.). If City Council chooses to deny the AMM request, then C EQA does not apply pursuant to Section 15270.
CONCLUSION:
The City Council may either make the determination to approve or deny the Administrative Minor Modification (Case No. 7.1661 AMM) for the distance waiver based on a Item 3C - Page 6
City Council Staff Report
November 10, 2022 -- Page 7
7.1661 AMM
consideration of the findings presented in this staff report and the testimony offered at the City Council meeting.
SUBMITTED BY:
Assistant Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Vicinity Map/Separation Map
B. Draft Resolutions (Approval and Denial)
C. Justification Letter
D. Public Integrity Disclosure Form
E. Previous Business License
F. Project Plans and Project Photos
Item 3C - Page 7
ATTACHMENT #A
Item 3C - Page 8
Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
1233 S. Gene Autry Trail
7.1661 AMM Distance Waiver
Extrax
Dispensary
The Morgue
Dispensary
Item 3C - Page 9
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~ Site
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~ Approved Cannabis Dispensary
Parcels
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ATTACHMENT #B
Item 3C - Page 10
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVAL AN
ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF
FROM THE MINIMUM SEPARATION DISTANCE
REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS
DISPENSARY (TPE ENTERPRISES, LLC ) PROPOSED AT
1233 SOUTH GENE AUTRY TRAIL (CASE NO. 7.1661
AMM).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. TPE Enterprises, LLC has filed an Administrative Minor Modification (AMM) request pursuant to Section 93.23.15(C)(1) of the Palm Springs Zoning Code, seeking relief from the minimum separation distance requirements of five- hundred (500) feet for the subject site located at 1233 South Gene Autry Trail, APN 680-570-004 (Case 7.1661 AMM).
B. P alm Springs Zoning Code (PSZC) Section 93.23.15(C) provides specific guidelines regarding separation between two uses as measured in a straight line, without regard to intervening structures, from the nearest property line of the property on which the cannabis facility is located to other cannabis dispensary/lounges within five-hundred (500) feet.
C. PSZC Section 93.23.15(C) allows the City Council to exercise discretion in applying the PSZC relati ve to separation distances on a case- by-case basis with modifications considered and granted by the Council if proper findings can be made for an Administrative Minor Modification (AMM).
D. Section 94.06.01(B)(2) of the PSZC provides specific findings that must be met before the City Council can grant an Administrative Minor Modification. The findings are as follows:
1. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance.
The General Plan designation of the subject property is IND (Industrial). The proposed use is consistent with specific uses intended in mixed- use areas which typically include research and development parks, light manuf acturing, laboratories, and industrial services. Retail commercial uses and offices shall be allowed as ancillary uses to the industrial use. The proposed use is also consistent with the zoning code, in that the site is zoned Service Manufacturing (M-1), which permits the proposed dispensary/lounge use pursuant to Section 92.17.01.
However, Section 93.23.15(C)(1) requires a 500-foot distance separation between cannabis dispensary/lounge facilities, with the intent of discouraging a saturation of cannabis facilities and providing a balance of uses in commercial districts.
Item 3C - Page 11
Resolution No. _______
2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification.
Businesses in the immediate area consist primarily of light industrial uses, retail uses, and other cannabis facilities. The proposed cannabis dispensary will have operating hours (8:00 AM to 8:00 PM) Monday – Friday and should not adversely affect the neighboring properties.
3. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity.
As part of the cannabis regulatory permit process, the applicant would be required to submit an odor control plan and security plan for review by the Department of Special Program Compliance. Adherence to the City’s odor control regulations and other operating procedures as contained in PSMC Chapter 5.55 should reduce immediate impacts to adjacent uses and generally should not be detrimental to the health, safety or general welfare of persons working in the surrounding area.
However, a concentration of cannabis -related uses in an area can result in secondary impacts which impact public health and safety.
4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood.
The proposed cannabis facility will be within an existing industrial building. The lot is not substandard in size, and does not have any environmental features or unique characteristics that would justify a minor modification application.
E. Resolution 24799 provides the following optional five (5) criteria in evaluating cannabis facility distance separation waiver applications stated below:
1. The proposed use will be located in an existing building that is blighted.
The proposed use will be located within an existing building and is not considered a blighted area.
2. The proposed use will be located in an existing commercial tenant space that has an extended period of time or has a demonstrated history of being difficult to lease for commercial uses.
The proposed facility will be located within an existing building that has not been occupied since 2006, per Business License records.
3. Approval of the proposed use will not result in the same type of cannabis use along the same block frontage where the use is proposed to be located.
Item 3C - Page 12
Resolution No. _______
There is one cannabis dispensary/distribution facility (Extrax) that is operating and another cannabis dispensary/lounge, cultivation, distribution and manufacturing (The Morgue) that is non- operational, but will be soon, within 500 feet of the proposed facility. As the proposed dispensary will not be open to the general public and is a deliver -only service, approval of this facility will not result in an over - concentration of cannabis dispensaries.
4. The proposed facility will be harmonious with adjacent businesses, including compatibility of use, operations and business hours.
The proposed use is compatible with adjacent industrial uses. The hours of operation are appropriate and consistent with other businesses in the area.
5. The applicant has been qualified as a participant in the City’s Cannabis Social Equity Program.
The applicant is not a qualified participant in the City’s Cannabis Social Equity Program.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS:
That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the City Council hereby approves Case 7.1661 AMM, which seeks relief from the 500- foot-minimum separation distance requirement between cannabis dispensaries and cannabis lounges at 1233 South Gene Autry Trail.
ADOPTED THIS 10
TH DAY OF NOVEMBER, 2022.
TERESA GALLAVAN
INTERM CITY MANAGER
ATTEST:
MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
Item 3C - Page 13
Resolution No. _______
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, MONIQUE M. LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
Item 3C - Page 14
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING AN
ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF
FROM THE MINIMUM SEPARATION DISTANCE
REQUIREMENT IN SECTION 93.23.15 FOR A CANNABIS
DISPENSARY (TPE ENTERPRISES, LLC ) PROPOSED AT
1233 SOUTH GENE AUTRY TRAIL (CASE NO. 7.1661
AMM).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. TPE Enterprises, LLC has filed an Administrative Minor Modification (AMM) request pursuant to Section 93.23.15(C)(1) of the Palm Springs Zoning Code, seeking relief from the minimum separation distance requirements of five- hundred (500) feet for the subject site located at 1233 South Gene Autry Trail, APN 680-570-004 (Case 7.1661 AMM).
B. P alm Springs Zoning Code (PSZC) Section 93.23.15(C) provides specific guidelines regarding separation between two uses as measured in a straight line, without regard to intervening structures, from the nearest property line of the property on which the cannabis facility is located to other cannabis dispensary/lounges within five-hundred (500) feet.
C. PSZC Section 93.23.15(C) allows the City Council to exercise discretion in applying the PSZC relati ve to separation distances on a case- by-case basis with modifications considered and granted by the Council if proper findings can be made for an Administrative Minor Modification (AMM).
D. Section 94.06.01(B)(2) of the PSZC provides specific findings that must be met before the City Council can grant an Administrative Minor Modification. The findings are as follows:
1. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance.
The General Plan designation of the subject property is IND (Industrial). The proposed use is consistent with specific uses intended in mixed- use areas which typically include research and development parks, light manuf acturing, laboratories, and industrial services. Retail commercial uses and offices shall be allowed as ancillary uses to the industrial use. The proposed use is also consistent with the zoning code, in that the site is zoned Service Manufacturing (M-1), which permits the proposed dispensary/lounge use pursuant to Section 92.17.01.
However, Section 93.23.15(C)(1) requires a 500-foot distance separation between cannabis dispensary/lounge facilities, with the intent of discouraging a saturation of cannabis facilities and providing a balance of uses in commercial districts.
Item 3C - Page 15
Resolution No. _______
2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification.
Businesses in the immediate area consist primarily of light industrial uses, retail uses, and other cannabis facilities. The proposed cannabis dispensary will have operating hours (8:00 AM to 8:00 PM) Monday – Friday and should not adversely affect the neighboring properties.
3. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity.
As part of the cannabis regulatory permit process, the applicant would be required to submit an odor control plan and security plan for review by the Department of Special Program Compliance. Adherence to the City’s odor control regulations and other operating procedures as contained in PSMC Chapter 5.55 should reduce immediate impacts to adjacent uses and generally should not be detrimental to the health, safety or general welfare of persons working in the surrounding area.
However, a concentration of cannabis -related uses in an area can result in secondary impacts which impact public health and safety.
4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood.
The proposed cannabis facility will be within an existing industrial building. The lot is not substandard in size, and does not have any environmental features or unique characteristics that would justify a minor modification application.
E. Resolution 24799 provides the following optional five (5) criteria in evaluating cannabis facility distance separation waiver applications stated below:
1. The proposed use will be located in an existing building that is blighted.
The proposed use will be located within an existing building and is not considered a blighted area.
2. The proposed use will be located in an existing commercial tenant space that has an extended period of time or has a demonstrated history of being difficult to lease for commercial uses.
The proposed facility will be located within an existing building that has not been occupied since 2006, per Business License records.
3. Approval of the proposed use will not result in the same type of cannabis use along the same block frontage where the use is proposed to be located.
Item 3C - Page 16
Resolution No. _______
There is one cannabis dispensary/distribution facility (Extrax) that is operating and another cannabis dispensary/lounge, cultivation, distribution and manufacturing (The Morgue) that is non- operational, but will be soon, within 500 feet of the proposed facility. Since there are two existing cannabis dispensaries within 500 feet of the proposed project site, approval of the proposed use will result in an oversaturation of the same type of cannabis uses.
4. The proposed facility will be harmonious with adjacent businesses, incl uding compatibility of use, operations and business hours.
The proposed use is generally compatible with adjacent industrial uses. The hours of operation are appropriate and consistent with other businesses in the area.
5. The applicant has been qualified as a participant in the City’s Cannabis Social Equity Program.
The applicant is not a qualified participant in the City’s Cannabis Social Equity Program.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS:
That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the City Council hereby denies Case 7.1661 AMM, which seeks relief from the 500- foot-minimum separation distance requirement between cannabis dispensaries and cannabis lounges at 1233 South Gene Autry Trail.
ADOPTED THIS 10
TH DAY OF NOVEMBER, 2022.
TERESA GALLAVAN
INTERM CITY MANAGER
ATTEST:
MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
Item 3C - Page 17
Resolution No. _______
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, MONIQUE M. LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
Item 3C - Page 18
ATTACHMENT #C
Item 3C - Page 19
Item 3C - Page 20
TPE ENTERPRISES, LLC
September 12, 2022
THE PREMIER EDIBLES
1235 S. GENE AUTRY TRAIL
PALM SPRINGS, CA 92264
City of Palm Springs california
Planning Department
3200 E Tahquitz canyon Way
Palm Springs, CA 92262
To Whom It May Concern,
TPE Enterprises, LLC currently operates a cannabis business at 1235 S. Gene Autry Trail in Palm Springs, CA 92264-3531. Growth requires us to expand, and we have under lease the immediately adjacent property at 1233 S. Gene Autry Trail.
We have submitted cannabis Permit Application C-2022-119 to the Special Program Compliance Department and have received Administrative Approval of Odor Control Plans and Land Use subject to a waiver of distance from other cannabis facilities. Please see letters attached.
cannabis Dispensaries are uses by right in M-1 Zones and the waiver is only required because of the presence of two other dispensaries within 500 feet.
Please see the General Plan Map, the Assessor's Map Book page 57 and an enlargement, and refer to the Radius Map study attached.
The Palm Springs Municipal Code provides for such waivers in Sections 93.2315 and 94.06.01. Excerpts are attached for your convenience.
We do not intend to make any exterior changes to the existing building's appearance. Its external appearance is identical to its neighbors. Please see the Assessor's Aerial View attached. It is in conformance with the Gene Autry Business Park CC&Rs. Specifically, the CC&Rs prohibit any such changes without prior approval. Articles JV & V on pages 5 and 6 contain the restrictions and are attached for your perusal. We do not anticipate installing any signage currently.
Attached for reference are the "As Built'' Site, Floor and Roof Plans and Elevations. Since there are no Planning or Architectural changes, we hope that our AMM request will not need review by either the Planning Commission or the Item 3C - Page 21
Architectural
Review
Board
and
can
be
promptly
scheduled
for
a hearing
by
the
City
Council.
There
are
benefits
to
· the
Qty
as
this
expansion
will
increase
c.annabis
Tax
payments
t:o
the
Oty,
and
aid
in
the
general
economic
recovery
from
the
COVID-
19 pandemic.
This
expansion
will
create
between
4 and
6 well
paying
full-time
permanent
jobs.
Since
the
dispensary
will
be
"delivery
only"
with
no
public
access,
there
will
be
no
public
vehicular
traffic.
The
dispensary
will
make
both
recreational
adult
use
and
medical
use
available
to
residents
and
visitors
alike.
Visitors
will
not
have
to
navigate
an
unfamiliar
city
to
locate
a dispensary.
Other
dispensaries
In
the
area
do
not
offer
significant
delivery
options.
The
proposed
AMM
waiver
is
consistent
with
the
General
Plan,
the
Zoning
Code,
local
Cannabis
Ordinances
and
State
of
califomia
Bureau
of
cannabis
Control
Regulations.
The
proposed
expansion
will
have
no
adverse
effects
on
neighboring
properties
which
are
all
commercial.
The
approval
of
the
AMM
waiver
will
have
no
debimental
effect
on
the
health,
safety
and
general
welfare
of
persons
working
on
the
site
or
In
the
vicinity.
The
approval
of
the
AMM
is
consistent
with
the
historical
uses
in
the
are
which
are
all
commercial
or
industrial. The
subject
property
has
been
vacant
for
several
years.
This
expansion
will
help
round
out
the
usage
of
the
Business
Park.
The
applicant
has
demonstrated
experience
running
a licensed
cannabis
Facility
in
their
existing
facility
with
no
infractions. The
City
aspires
to
be
a World
Class
tourist
destination
and
having
a delivery
service
available
will
appeal
to
visitors
of
all
ages,
but
specifically
to
the
younger
demographic
Palm
Springs
Is
seeking.
We
look
forward
to
your
favorable
decision.
Jeffrey
L
Livingston
Chairman TPE
Enterprises,
LLC
ATTACHMENT #D
Item 3C - Page 22
Item 3C - Page 23
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
TPE Enterprises, LLC
2. Address of Entity (Pr inciple Place of Business)
1235 S Gene Autry Trail Palm Springs Ca 92264
3. Local or California Address (if different than #2)
Same as Above
4. State where Entity is Registered with Secretary of State If other than California, is tile £ntitv also reoistered in California? w1 Yes n No
5. Type of Entity
D Corporation 0 Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Jeff L Livingston
Thomas Bernard
William Jasper
(Revised 05/16/19)
D Officer D Director 0 Member D Manager
[name]
0 Genera l Partner D Limited Partner
Other
D Officer D Director 0 Member 13 Manager
[name]
D General Partner D Limited Partner
Other
D Officer D Director 0 Member D Manager
[name]
D General Partner D Limited Partner
Other
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 3C - Page 24
7. Owners/Investors with a 5% beneficial interest irn the Annlicant Entitv or a related entllY.
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
(name of owner/Investor] (percentage of beneficial interest in entity and name of entitv1
A.
Jeff L Livingston 25%
[name of owner/investor] [percentage of beneficial interest in entity and name of entllv]
B.
Thomas Bernard 52%
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
C.
Bruce Gold 9.69%
[name of owner/investor] [percentage of beneficial interest In entity and name of entitvl
D.
Rosann Nunnelly 9.69%
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitv1
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Date
PENALTIES
Falsification of informat ion or failure to report information required to be reported may subject you to admin istrative action by the City.
(Revised 05/16/19)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 3C - Page 25
\
ATTACHMENT #E
Item 3C - Page 26
Item 3C - Page 27
CITY OF PALM SPRINGS BUSINESS LICENSE
3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 323-8289 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY.
BUSINESS NUMBER: 20002390
BUSINESS TYPE: WAREHOUSE DISTRIBUTION
OWNER NAME: SCHWARZ (PRESIDENT), WALTER
BUSINESS NAME: WAS INC/BLUE RIBBON ENT
BUSINESS ADDRESS: 1233 S GENE AUTRY TR
PALM SPRINGS, CA 92264
WAS INC/BLUE RIBBON ENT
PO BOX 3637
CATHEDRAL CITY CA 92235-3637
EXPIRATION TAX/ADMIN. FEE CERT NO
11/30/2006 16.00 9900
11/30/2006 133.00 9901
ISSUANCE OF THIS LICENSE DOES NOT ENTITLE
THE LICENSEE TO OPERATE OR MAINTAIN A
BUSINESS IN VIOLATION OF ANY OTHER LAW
OR ORDINANCE. THIS IS NOT AN ENDORSEMENT
OF THE ACTIVITY NOR OF THE APPLICANT'S
QUALIFICATIONS.
MUST BE POSTED IN A CONSPICUOUS PLACE
ATTACHMENT #F
Item 3C - Page 28
AS-BUILTS FOR
1233 S GENE AUTRY TRAIL
CLIENT ARCHITECTURAL
JEFF LIVINGSTON
URBAN DEVELOPMENT GROUP, LLC
HUNTER ARCHITECTURE & DESIGN, LLC
900 LISCHEY AVE.
NASHVILLE, TN 37207
PALM SPRINGS, CA 92264
Item 3C - Page 29
VACANT LAND
107'-0"
PROPERTY LINE 107'-00"
PROPERTY LINE 106'-33"
PROPERTY LINE 148'-00"
PROPERTY LINE 148'-00"
148'-0"
15'-3"
28'-3"
18'-9"
VACANT LAND
104' - 6"
PROPERTY LINE 107'-00"
PROPERTY LINE 104'-6"
PROPERTY LINE 148'-00"
PROPERTY LINE 148'-00"
148'-0"
6 EXISTING PARKING SPACES3 EXISTING PARKING SPACES
3 EXISTING PARKING SPACES
23'-7"
18'-0"
9'-11"
12'-0"
No. Description Date
AS-BUILTS SET
1233 GENE AUTRY
PALM SPRINGS, CA
D.H.
D.H.
Issue Date
HAD2103
JEFF LIVINGSTON
TRUE
NORTH
PLAN
NORTH KEY PLAN
Daniel Hunter, NCARB
Registration No. XXXX.
These documents are incomplete and
for interim review only. They are not
to be used for regulatory approval,
permitting or construction.
NASHVILLE
900 LISCHEY AVE.
Nashville, TN 37207
931-801-0933 P
CHECKED BY:
REVISIONS
DRAWN BY:
DATE:
PROJECT NUMBER
CLIENT
SEAL AND REGISTRATION NUMBER HERE
ARCHITECTURE
CIVIL
ADDRESS
ADDRESS
PHONE NO. FAX.
LANDSCAPE
ADDRESS
ADDRESS
PHONE NO. FAX.
STRUCTURE
ADDRESS
ADDRESS
PHONE NO. FAX.
MEPT
ADDRESS
ADDRESS
PHONE NO. FAX.
FOOD SERVICE
ADDRESS
ADDRESS
PHONE NO. FAX.
ACOUSTIC
ADDRESS
ADDRESS
PHONE NO. FAX.
THEATER
ADDRESS
ADDRESS
PHONE NO. FAX.
HUNTER ARCHITECTURE DESIGN
SITE PLAN
A1.01
Item 3C - Page 30
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100
MAIN ENTRY
102
CONFERENCE
ROOM
105
STORAGE
ROOM
103
WOMEN'S R/R
104
WAREHOUSE
106
OFFICE
101
MEN'S R/R
107
SHIPPING /
RECEIVING
106
HALLWAY #1
MAIN
ENTRANCE
(E) SWITCH
GEAR
(E) COLUMN
(E) COLUMN
(E) COLUMN
138 SQ. FT.
306 SQ. FT.
72 SQ. FT.
158 SQ. FT.
58 SQ. FT.
58 SQ. FT.
1,938 SQ. FT.
305 SQ. FT.
291 SQ. FT.
11B-604.3.1 11B-604.3.1
30"x48"30"x48"
108
DELIVERY SPACE
56'-1"
105'-0"
2'-0"9'-1"2'-0"6'-0"2'-0"5'-0"11'-0"8'-0"11'-0"
2'-0"11'-3"2'-0"11'-3"44'-712"13'-1012"4'-10"3'-0"12'-2" 20'-6"
4'-6"8'-0"4'-6"17'-512"
33'-612"
2'-0"3'-1112"20'-612"18'-7"9'-1112" 18'-4"14'-7"
7'-212"13'-7"15'-10"34'-512"
13'-1" 8'-812" 12'-412" 4'-512" 3'-0" 4'-0" 3'-0"
EXISTING 12'
OVERHEAD DOOR
TO REMAIN
EXISTING DOOR TO
REMAIN, TYP.
EXISTING STRUCTURE
TO REMAIN, TYP.
REV.0
REV.0
A
REV.0
REV.0
A
REV.0
REV.0
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0 A
REV.
0 REV.
0 A
REV.
0 REV.
0 A
REV.
0 REV.
0 A
REV.
0 GSW
No. Description Date
AS-BUILTS SET
1233 GENE AUTRY
PALM SPRINGS, CA
D.H.
D.H.
Issue Date
HAD2103
JEFF LIVINGSTON
TRUE
NORTH
PLAN
NORTH KEY PLAN
Daniel Hunter, NCARB
Registration No. XXXX.
These documents are incomplete and
for interim review only. They are not
to be used for regulatory approval,
permitting or construction.
NASHVILLE
900 LISCHEY AVE.
Nashville, TN 37207
931-801-0933 P
CHECKED BY:
REVISIONS
DRAWN BY:
DATE:
PROJECT NUMBER
CLIENT
SEAL AND REGISTRATION NUMBER HERE
ARCHITECTURE
CIVIL
ADDRESS
ADDRESS
PHONE NO. FAX.
LANDSCAPE
ADDRESS
ADDRESS
PHONE NO. FAX.
STRUCTURE
ADDRESS
ADDRESS
PHONE NO. FAX.
MEPT
ADDRESS
ADDRESS
PHONE NO. FAX.
FOOD SERVICE
ADDRESS
ADDRESS
PHONE NO. FAX.
ACOUSTIC
ADDRESS
ADDRESS
PHONE NO. FAX.
THEATER
ADDRESS
ADDRESS
PHONE NO. FAX.
HUNTER ARCHITECTURE DESIGN
A2.01
FLOOR PLAN
Item 3C - Page 31
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MAIN ENTRY
102
CONFERENCE
ROOM
105
STORAGE
ROOM
103
WOMEN'S R/R
104
WAREHOUSE
106
OFFICE
101
MEN'S R/R
107
SHIPPING /
RECEIVING
106
HALLWAY #1
MAIN
ENTRANCE
(E) SWITCH
GEAR
(E) COLUMN
(E) COLUMN
(E) COLUMN
138 SQ. FT.
306 SQ. FT.
72 SQ. FT.
158 SQ. FT.
58 SQ. FT.
58 SQ. FT.
1,938 SQ. FT.
305 SQ. FT.
291 SQ. FT.
LEGEND
QTY.SIZESYMBOL
43EXISTING 2' x 4'
LED LIGHTS
11B-604.3.1 11B-604.3.1
30"x48"30"x48"
108
DELIVERY SPACE
EXISTING 12'
OVERHEAD DOOR
TO REMAIN
EXISTING DOOR TO
REMAIN, TYP.
EXISTING STRUCTURE
TO REMAIN, TYP.
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No. Description Date
AS-BUILTS SET
1233 GENE AUTRY
PALM SPRINGS, CA
D.H.
D.H.
Issue Date
HAD2103
JEFF LIVINGSTON
TRUE
NORTH
PLAN
NORTH KEY PLAN
Daniel Hunter, NCARB
Registration No. XXXX.
These documents are incomplete and
for interim review only. They are not
to be used for regulatory approval,
permitting or construction.
NASHVILLE
900 LISCHEY AVE.
Nashville, TN 37207
931-801-0933 P
CHECKED BY:
REVISIONS
DRAWN BY:
DATE:
PROJECT NUMBER
CLIENT
SEAL AND REGISTRATION NUMBER HERE
ARCHITECTURE
CIVIL
ADDRESS
ADDRESS
PHONE NO. FAX.
LANDSCAPE
ADDRESS
ADDRESS
PHONE NO. FAX.
STRUCTURE
ADDRESS
ADDRESS
PHONE NO. FAX.
MEPT
ADDRESS
ADDRESS
PHONE NO. FAX.
FOOD SERVICE
ADDRESS
ADDRESS
PHONE NO. FAX.
ACOUSTIC
ADDRESS
ADDRESS
PHONE NO. FAX.
THEATER
ADDRESS
ADDRESS
PHONE NO. FAX.
HUNTER ARCHITECTURE DESIGN
REFLECTED
CEILING PLAN
A2.02
Item 3C - Page 32
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No. Description Date
AS-BUILTS SET
1233 GENE AUTRY
PALM SPRINGS, CA
D.H.
D.H.
Issue Date
HAD2103
JEFF LIVINGSTON
TRUE
NORTH
PLAN
NORTH KEY PLAN
Daniel Hunter, NCARB
Registration No. XXXX.
These documents are incomplete and
for interim review only. They are not
to be used for regulatory approval,
permitting or construction.
NASHVILLE
900 LISCHEY AVE.
Nashville, TN 37207
931-801-0933 P
CHECKED BY:
REVISIONS
DRAWN BY:
DATE:
PROJECT NUMBER
CLIENT
SEAL AND REGISTRATION NUMBER HERE
ARCHITECTURE
CIVIL
ADDRESS
ADDRESS
PHONE NO. FAX.
LANDSCAPE
ADDRESS
ADDRESS
PHONE NO. FAX.
STRUCTURE
ADDRESS
ADDRESS
PHONE NO. FAX.
MEPT
ADDRESS
ADDRESS
PHONE NO. FAX.
FOOD SERVICE
ADDRESS
ADDRESS
PHONE NO. FAX.
ACOUSTIC
ADDRESS
ADDRESS
PHONE NO. FAX.
THEATER
ADDRESS
ADDRESS
PHONE NO. FAX.
HUNTER ARCHITECTURE DESIGN
A2.03
ROOF PLAN
Item 3C - Page 33
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No. Description Date
AS-BUILTS SET
1233 GENE AUTRY
PALM SPRINGS, CA
D.H.
D.H.
Issue Date
HAD2103
JEFF LIVINGSTON
TRUE
NORTH
PLAN
NORTH KEY PLAN
Daniel Hunter, NCARB
Registration No. XXXX.
These documents are incomplete and
for interim review only. They are not
to be used for regulatory approval,
permitting or construction.
NASHVILLE
900 LISCHEY AVE.
Nashville, TN 37207
931-801-0933 P
CHECKED BY:
REVISIONS
DRAWN BY:
DATE:
PROJECT NUMBER
CLIENT
SEAL AND REGISTRATION NUMBER HERE
ARCHITECTURE
CIVIL
ADDRESS
ADDRESS
PHONE NO. FAX.
LANDSCAPE
ADDRESS
ADDRESS
PHONE NO. FAX.
STRUCTURE
ADDRESS
ADDRESS
PHONE NO. FAX.
MEPT
ADDRESS
ADDRESS
PHONE NO. FAX.
FOOD SERVICE
ADDRESS
ADDRESS
PHONE NO. FAX.
ACOUSTIC
ADDRESS
ADDRESS
PHONE NO. FAX.
THEATER
ADDRESS
ADDRESS
PHONE NO. FAX.
HUNTER ARCHITECTURE DESIGN
A3.01
EXTERIOR
ELEVATIONS
Item 3C - Page 34
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Item 3C - Page 36
= -1 '=:J
CITY COUNCIL STAFF REPORT
11/10/2022
SUBJECT:
DISCUSSION ON DISPOSITION OF DESERT HIGHLAND GATEWAY ESTATE
SINGLE-FAMILY RESIDENTIAL LOTS
RECOMMENDATION:
Provide Staff direction on issuance of a Request for Proposals to dispose of three single-family lots in the Desert Highlands Gateway Estates Community.
Attachments
Item 3D
CITY COUNCIL STAFF REPORT
DATE: NOVEM
BER 10, 2022 BUSINESS & LEGISLATIVE
SUBJECT: DI
SCUSSION ON DISPOSITION OF DESERT HIGHLAND GATEWAY
ESTATE SINGLE-FAMILY RESIDENTIAL LOTS
FROM: Ter
esa Gallavan, Interim City Manager
BY: Communit
y & Economic Development Department
SUMMARY:
Staff i
s seeking direction on the sale of three single-family lots (Properties) located in the Desert Highlands Gateway Estates Community. T wo of the lots are owned by the Palm Springs Housing Successor Agency and one is owned by the City of Palm Springs. The Properties may be leveraged in various ways to create opportunities for home ownership, affordable rental housing, apprenticeship training, and demonstration projects such as net positive building and cost-efficient construction technologies. The Properties may also be sold for fair market value.
RECOMMENDATION:
Provide St
aff direction on issuance of a Request for Proposals to dispose of three single- family lots in the Desert Highlands Gateway Estates Community.
BACKGROUND:
The Palm S
prings Redevelopment Agency acquired the two Housing Successor Agency lots in the Desert Highland Gateway Estates community in 2004 with Low -Moderate Housing Set Aside Funds . A third lot, which is currently owned by the City of Palm Springs, was intended to be included as part of the City’s “sweat equity” home construction program. A total of five homes were completed under the sweat equity program, but projects were never initiated for the subject Properties. With the dissolution of redevelopment programs in California, all such projects were further suspended or cancelled.
In 2017,
Staff met with affordable housing developers to discuss the potential for utilizing the Properties for a new sweat equity program. However, Staff was informed that the three lots did not provide the necessary economies of scale. To operate such a program, a project manager would have to be hired to work with community members in Item 3D - Page 1
constructing the ho mes and the cost of a project manager could not be justified for building just three single-family homes. Subsequently, in 2018, Staff was asked to sell the Properties at fair market value. At that time, a Request for Proposals (RFP) was issued but no proposals were submitted.
The Properties ’ addresses and other property details are below. A map showing the locations of the Properties is provided in Attachment A.
Housing Successor Properties
• 233 West Tramview Road; APN 501-401-010; .17 Acres; R-1-D Zone • El Dorado Boulevard (no address); APN 501-401-039; .21 Acres; R-1-D Zone
City Property
• Rosa Parks Road (no address); APN 669-353-001; .22 Acres; R-1-D Zone
The real estate market has significantly changed since 2018 and there are new sources of financing available for affordable housing. Over the past few months, Staff has received interest in acquiring the Properties. This includes inquiries from affordable housing developers who previously informed S taff that sweat equity programs on the Proper ties were not feasible. Given the renewed interest in the Properties, Staff is seeking direction from the City Council on what goals, outcomes, services, or community impacts it would like to achieve using these Properties. The direction provided will assi st S taff with incorporating the project goals into a new RFP.
STAFF ANALYSIS:
In developing the Properties, it is important to note certain rules established by the City’s development standards and State’s funding requirements.
Zoning
All the Properties are within an R-1 zone, which is generally defined in the City’s Municipal Code as:
“Five (5) single-family residential zones (R -1-AH, R-1-A, R-1-B, R-1-C, R- 1-D) have been established to provide a variety of low -density housing types and neighborhoods. Development standards are designed to provide protection and enhancement of the natural and urban setting consistent with the goals of the general plan. (Ord. 1294, 1988)”
All of the Properties are zoned R-1-D. Development standards for R-1-D properties can be found in Attachment B under the R-1-D column header.
Item 3D - Page 2
Senate Bill 9
With the approval of Senate Bill 9 (SB 9) signed into law by Governor Newsom o n September 16, 2021, urban lot splits and two- unit housing developments within single- family residential zones may be allowed. The October 17, 2022, staff report requesting amendments to the Palm Springs Municipal Code Section 9.62.55 and Palm Springs Zone Code Section 93.23.21 relative to development standards for urban lot splits and two-unit residential developments is provided as Attachment C and provides more detail on how SB 9 might apply to the Properties. When this amendment becomes effective, each of the lots could potentially be developed with four residential units for a total of 12 potential residential units.
Housing Successor Agency Affordability Requirements
As part of the redevelopment dissolution process for the City of Palm Springs, the City elected to have the Former Redevelopment Agency’s Housing Assets deposited into the City’s Low and Moderate- income Housing Asset fund. Redevelopment Dissolution Law (AB 1X 26, AB 1484, and SB 107) required jurisdictions to create a Low and Moderate- income Housing Asset fund to hold former redevelopment agency housing assets as opposed to conveying those assets to the State.
Furthermore, the former redevelopment agency housing assets held by cities are required to be used to improve housing options affordable to households earning up to 80% or less of the area median income (“AMI”). This means that no funding may be spent on “moderate-income households,” those earning more than 80% and up to 120% of the AMI, as was previously authorized by redevelopment law. If th e Housing Successor Agency lots are contributed to a housing project at a below market price the project will be required to serve households below 80% of the AMI. The 2022 80% AMI level is represented by the “Low Income” category below:
The Properties may also be sold at fair market value. However, this would require the sales proceeds be deposited into the Low and Moderate- income Housing Asset fund .
Proceeds from the fair market value sale of the City-owned property would be returned to the General Fund.
With these requirements in mind , one can see there are still various types of residential projects the City may request in the RFP to achieve its desired outcomes. This includes Item 3D - Page 3
creating opportunities for home ownership, affordable rental housing, apprenticeship training, net positive building and cost-efficient construction technology demonstration projects, or any combination of these types of programs as discussed below . The Properties may also be sold for fair market value.
Potential Project Objectives
Home Ownership –
Sweat Equity
With sweat equity projects, homeowners “earn” equity, or an ownership interest, in a property by providing a certain amount of the labor to construct their home. The participant can use that equity as the down payment on their house.
Including this project objective would request proposals to incorporate concepts for a sweat equity program that
results in home ownership. Home ownership programs are
typically geared towards first time home buyers.
Home Ownership –
New Construction /
Down Payment /
Mortgage
Assistance
This project objective would couple new construction of housing units with home ownership opportunities. The City would negotiate the disposition of the properties to a
developer in exchange for making the units available to low-income home buyer.
Including this project objective would request proposals to incorporate concepts for constructing new homes available for home ownership. Home ownership programs are
typically geared towards first time home buyers.
New Rental Units
This project objective would couple new construction of housing units with rental housing opportunities. The City would negotiate the disposition of the properties to a
developer in exchange for making the units available to low-income renters.
Including this project objective would request proposals to incorporate concepts for new rental housing units.
Local Hire
Apprenticeship /
Workforce
Development
Local Hire Apprenticeship and Workforce Development
Programs typically require developers to achieve a certain percentage of resident apprenticeship hire goals.
Including this project objective would request proposals to incorporate concepts for local hire apprenticeship and
workforce development program.
Item 3D - Page 4
Net Positive
Demonstration
Project
Net positive buildings produce more energy than they
consume on an annual basis.
Including this project objective would request proposals to incorporate concepts for constructing net positive homes.
Cost-efficient
Construction
Technologies
Strategies to reduce the cost of constructing homes have included use of less expensive materials, prefabricated buildings, modular buildings, natural and recycled
materials, and 3D Printed concrete.
Including this project objective would request proposals to incorporate concepts for cost-effective construction
technologies.
Fair Market Value
Sale
This option would require the sales proceeds from the
Successor Agency lots be deposited into the Low and
Moderate-income Housing Asset fund for future affordable housing use. Sales proceeds from the City-owned lot would be returned to the General Fund.
Successful proposals would have the option to utilize the properties according to land use and development standard regulations.
It sho
uld be noted that a challenge with using the Housing Successor Agency lots for down payment assistance programs is that the participant incomes must be below a certain level. For the Housing Successor Agency lots, participant incomes would have to be below 80% AMI. Given the lower incomes, these participants will require greater amounts of financial assistance than for those whose incomes fall into the moderate- income level (80% - 120% AMI). With limited funding this has the effect of reducing the number of households that can be served.
Staff r
equests direction on which of the above, or any other Potential Project Goals , or combination of Potential Project Goals should be addressed through the RFP.
ENVIRONM
ENTAL ASSESSMENT:
The request
ed City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Th e guidance being requested is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.
Item 3D - Page 5
ALIGNMENT WITH STRATEGIC PLANNING:
This ite
m aligns with Quality of Life, Expand Housing Affordability strategic objective.
FISCAL I
MPACT:
There is n
o fiscal impact as a result of discussing this matter.
REVIEWED BY:
Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Location Ma
p of Subject Properties
B. R1 Development Standards
C. October 17, 2022, Staff Report
Item 3D - Page 6
ATTACHMENT A
Item 3D - Page 7
ATTACHMENT B
Item 3D - Page 8
Palm Springs, California Municipal Code
ZONING CODE
Chapter 92.00 ZONING REGULATIONS
92.01.03 Property development standards.
The following property development standards shall apply to all land and buildings in the R-1 zones, except that any lot created in compliance with applicable laws and ordinances in effect at the time of is creation may be used as a building site.
All lots hereafter created shall comply with the following minimum standards and lots now held under separate ownerships or of record shall not be reduced below these standards.
A. Minimum Lot Standards.
R-1-AH R-1-A R-1-B R-1-C R-1-D R-1-E
1. Lot area
(in square feet) 20,000 20,000 15,000 10,000 7,500 5,000 (fairway lots only) - - - 12,500 - -
2. Minimum width (in feet):
Interior lots 130 130 120 100 75 50
Corner lots:
a. Siding local/ collector street 140 140 130 110 82 55 b. Reverse 140 140 130 110 92 55
c. Siding major thoroughfare 165 165 150 140 117 NP1
d. Siding secondary thoroughfare 155 155 140 130 107 65 e. Cul-de-sac/curve lots (average widths) 130 130 120 100 75 50
3. Minimum depth (in feet):
Backing on:
a. Interior lot/Local/Collector street 120 120 120 100 100 90 b. Major thoroughfare/State hwy. 160 160 160 140 140 100 c. Secondary thoroughfare 150 150 150 130 130 100
d. Fairway 120 120 120 100 100 90
Facing on:
a. Major thoroughfare 145 145 145 125 125 NP1
b. Secondary thoroughfare 135 135 135 115 115 100
Item 3D - Page 9
1 Not permitted.
B. Yards and Building Standards.
R-1-AH R-1-A R-1-B R-1-C R-1-D R-1-E
1. Front yards:
a. Local/Collector street 25 25 25 25 25 15
b. Major thoroughfare 50 50 50 50 50 NP1
c. Secondary thoroughfare 25 25 25 25 25 20
d. Service road 25 25 25 25 25 15
e. Curve lot/Cul-de-sac 20 20 20 20 20 15
f. Special conditions (See Section 93.01.00)
2. Side yards:
a. Interior 10 10 10 10 7.5 6
b. Corner
(1) Local/Collector street 20 20 20 20 15 15
(2) Reverse on local street 25 25 25 25 25 15
(3) Major thoroughfare 50 50 50 50 50 NP1
(4) Secondary thoroughfare 25 25 25 25 25 25
(5) Service road 25 25 25 25 25 15
(6) Special conditions (See Section 93.01.00)
3. Rear yards:
a. Backing on interior lot/local/ collector street 15 15 15 15 15 15 b. Backing on major thoroughfare 25 25 25 25 25 25
c. Backing on secondary thoroughfare 25 25 25 25 25 25
d. Backing on fairway 20 20 20 20 20 15
e. Special conditions (See Section 93.01.00)
4. Lot coverage (max.) 35% 35% 35% 35% 35% 45%
5. Building Envelope. Buildings shall not exceed one
(1) story and twelve (12) feet in height at the
minimum setback. From the minimum setback, the
height may be allowed to increase along a plane
which has a slope of 4:12, until a building height of
eighteen (18) feet is attained. Gable ends, dormers,
shed roof eaves, butterfly or folded-plate roofs, and
front entrance treatments, not exceeding fifteen
(15) feet in height, may encroach past the building
envelope limits. These regulations may be modified
by the Architectural Review Committee for hillside
lots pursuant to Section 94.06.01.
Item 3D - Page 10
R-1-AH R-1-A R-1-B R-1-C R-1-D R-1-E
6. Garages/Carports. Garages shall be located not
less than twenty-five (25) feet from the property line
abutting the street from which such garage has
vehicular access and twenty-five (25) feet from the
opposite side of the alley from which such garage
has vehicular access. In the R-1-E zone, garages
shall be located not less than twenty (20) feet from
the front and side front property lines. Garages may
be detached from the main building in the R-1-A, R-
1-AH and hillside areas only.
1 Not permitted.
C. Yard Exceptions.
1. Front Yards.
a. Lots substandard in depth by ten (10) percent or greater than the zone requirement facing on a major or secondary thoroughfare shall have a front yard of not less than twenty-five (25) feet. i. The front fifteen (15) feet of such yard shall be landscaped and maintained. The rear portion of such front yard may be used for accessory nondwelling structures and uses; provided:
(A) A wall or solid fence not more than six (6) feet in height or solid screen landscaping is installed not less than fifteen (15) feet from the front property line or future highway line; (B) No accessory structures within such rear portion shall have a height greater than ten (10) feet; (C) No accessory structure within such rear portion shall be less than ten (10) feet from such wall, fence or screen landscaping unless the height of such structure is less than the height of such wall, fence or screen landscaping;
(D) No structure shall be permitted in any corner cutback area. b. Key lots shall have a front yard not less than the front yard for the adjoining interior lot. When the front yard on the adjoining interior lot is less than prescribed by this Zoning Code, the key lot front yard may be the same but shall in no case be less than fifteen (15) feet.
c. Partially Built-up Blocks.
Where lots comprising fifty (50) percent or more of the block frontage are developed with a front yard lesser than that prescribed in this Zoning Code, the average of such existing front yards shall establish the front yard for the remaining lots in the block frontage; provided, a front yard determined in this manner shall be not less than fifteen (15) feet.
Existing front yards greater than forty (40) feet shall be computed as forty (40) feet in computing the average. d. Neighborhood Unit Plans.
Where the entire block frontage is designed and developed as a unit, the front yard requirements may be varied by not more than five (5) feet in either direction; provided that, the average front yard for the entire block frontage is not less than that required in the zone.
2. Side Yards.
Item 3D - Page 11
a. Lots substandard in width ten (10) percent or greater than the zone requirement shall have a side yard on each side of not less than ten (10) percent of the width of the lot, but in no case shall such yard be less than five (5) feet in width.
b. Corner lots substandard in width ten (10) feet or greater than the zone requirement shall have a side yard on the street or thoroughfare side of not less than twenty (20) percent of the width of the lot but in no case shall such yard be less than fifteen (15) feet in width for R-1-A, R-1-AH, R-1-B, R-1-C, R-1-D, and R-1-E zones respectively. c. Corner or reversed corner lots siding on major or a secondary thoroughfare shall have a side yard of not less than twenty-five (25) feet. Such side yard may be used for accessory nondwelling structures and uses; provided:
i. A wall or solid fence not more than six (6) feet in height or solid screen landscaping is installed on future highway line;
ii.
No accessory structures within such side yard shall have a height greater than ten (10) feet; fifteen (15) feet in R-1-AH and R-1-A zones;
iii. No accessory structure within such side yard shall be less than ten (10) feet or fifteen (15) feet in R-1-A and R-1-AH zones from such wall, fence or screen landscaping unless the height of such structure is less than the height of such wall;
iv.
No structure shall be permitted in any corner cutback area.
3. Rear Yards.
a. Lots substandard in depth by ten (10) percent or greater than the zone requirement backing on a state highway or major or secondary thoroughfare shall have a rear yard of not less than twenty-five (25) feet. Such rear yard may be used for accessory nondwelling structures and uses; provided:
i. A wall or solid fence not more than six (6) feet in height or solid screen landscaping is installed on the future highway line;
ii.
No accessory structures within such rear yard shall have a height greater than ten (10) feet; iii. No accessory structure within such rear yard shall be less than ten (10) feet from such wall, fence or screen landscaping unless the height of such structure is less than the height of said wall, fence or screen landscaping;
iv.
No structure shall be permitted in any corner setback area. b. Garage or Carport Structures (R-1-E Zone only). Garage or carport structures may be located within the rear yard setback area where the structure takes direct access from an alleyway at the rear of the lot, or takes access from a driveway extending along the side property line to the rear of the lot. The garage or carport structure shall be located a minimum of five (5) feet from the rear property line, and shall conform to the minimum side yard setback. The garage or carport structure may be located at the side property line when approved as part of a zero- lot line development under section (E)(12).
D. Exceptions—Lot Coverage (R-1-E Zone only).
1. Covered Porches. Non-habitable covered porches, which are open on at least one side, may be excluded from lot coverage requirements in accordance with the definition listed in Section 91.00.10. Non-habitable covered porches shall be subject to all setback requirements.
2. Increased Lot Coverage. The maximum lot coverage in the R-1-E zone may be increased to fifty percent (50%) under either of the following conditions:
Item 3D - Page 12
a. An accessory dwelling unit is permitted and constructed in conformance to the requirements of Section
93.23.14; and/or
b. A garage or carport structure is constructed at the rear of the lot in the rear yard setback area in conformance to the requirements of subsection (3)(b).
E. General Provisions.
1. See Section 92.01.03(B)(7).
2. Hillside Lots.
Hillside lot front yards and building heights may be modified by the Director as provided in Section 94.06.01.
3. Exceptions.
For exceptions (Permitted projections into required yards), the provisions of Section 93.01.00(F) shall apply.
4. Distance Between Buildings.
a. For structures relating to the keeping of horses, the provisions of Section 92.21.01(D)(5) shall apply. b. Minimum distance between buildings, accessory or main, shall be six (6) feet unless such buildings have a common wall.
c.
Buildings, accessory or main, over twelve (12) feet in height shall be separated by a minimum distance of ten (10) feet unless such buildings have a common wall.
5. Walls, Fences and Landscaping.
a. The provisions of Section 93.02.00 shall apply, except that walls and fences, not exceeding six (6) feet in height, may be installed not less than fifteen (15) feet from the front property line (or future right-of-way line) on parcels which have frontage on major thoroughfares as indicated by the general plan. b. Front and side front yards required under subsection (B) of this Section shall be developed and maintained with a majority (51%) of decorative landscape materials, unless a vehicle turnaround is required to avoid traffic hazards on an adjacent street in the opinion of the City Engineer, in which case a minimum of twenty-five percent (25%) decorative landscape material is required. The remainder of said front yard may be used for off-street parking, walkways, and other non-pervious surfaces as necessary to provide improved access from the adjacent right-of-way to the residence.
6. Access.
The provisions of Section 93.05.00 shall apply.
7. Off-Street Parking.
Parking is permitted only where improved per Section 93.06.00 and in areas designed specifically for that use, unless otherwise approved by the planning commission or the Director. Such areas shall be located no closer than five (5) feet to any property line adjacent to a street.
8. Off-Street Loading.
The provisions of Section 93.07.00 shall apply.
9. Signs.
The provisions of Section 93.20.00 shall apply.
Item 3D - Page 13
10. Antennas.
The provisions of Section 93.08.00 shall apply.
11. Yard Lighting.
Any nonincandescent light source shall not be visible from off the property and shall be so arranged to reflect light away from adjoining properties and streets.
12. Zero-Lot Line Development.
a. Districts where permitted. Zero-lot line development may be permitted in the R-1-E zoning district. b. Permitted Development Types. Zero-lot line developments may include the following configurations:
i. The structure is situated on a parcel so that one or more portions of the structure is located on the side property line;
ii.
The structure is situated on a parcel so that one or more portions of the structure is located on the side property line and attached to the dwelling unit on the abutting parcel; or iii. Side yard setback for the structure is reduced, and an exclusive use easement is provided on the abutting parcel.
c. Development Standards.
i. Lot size. The minimum lot size shall comply with the requirements for the R-1-E zone. ii. Lot coverage. The lot coverage shall comply with the requirements for the R-1-E zone. iii. Setbacks. Front and rear yard setbacks shall comply with the requirements for the R-1-E zone. Side yard setbacks may be reduced along one property line, provided the opposite side yard setback is increased by the corresponding setback reduction; in no case shall the aggregate side yard setbacks be less than twelve (12) feet. Accessory buildings and structures shall conform to the setbacks established for the primary dwelling unit. This setback reduction shall not apply to side yard setbacks adjacent to parcels that are not part of the zero lot-line development.
iv.
Height limitation. The maximum building height shall comply with the requirements for the R-1-E zone. v. Mechanical equipment. Mechanical equipment may be permitted in side yard areas, subject to the requirements of Section 93.01.00.
d. Application Procedures. Zero-lot line developments shall be processed and reviewed via a Tentative Map application. The map shall identify the zero-lot line configuration on each parcel, the setbacks for each parcel, and the area for any exclusive use easement.
(Ord. 2063 §§ 9,10, 2022; Ord. 2041 §§ 4, 5, 2021; Ord. 2031 § 35, 2020; Ord. 2020 §§ 9—11, 2020; Ord. 1984 § 19; Ord. 1979 §§ 2—6, 2019; Ord. 1553, 1998; Ord. 1418, 1992; Ord. 1366, 1991; Ord. 1347, 1990; Ord. 1307, 1988; Ord. 1294, 1988)
Contact:
Item 3D - Page 14
City Clerk: 760-323-8204
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.
Item 3D - Page 15
ATTACHMENT C
Item 3D - Page 16
CITY COUNCIL STAFF REPORT
DATE: OCTOBER 17, 2
022 PUBLIC HEARING
SUBJECT: REQUEST
FOR AMENDMENTS TO PALM SPRINGS MUNICIPAL CODE
SECTION 9.62.055 AND PALM SPRINGS ZONING CODE SECTION
93.23.21 RELATIVE TO THE DEVELOPMENT STANDARDS FOR URBAN
LOT SPLITS AND TWO -UNIT RESIDENTIAL DEVELOPMENTS (CASE
5.1548 ZTA)
FROM: Teresa Gall
avan, Interim City Manager
BY: Flinn Fagg, Deput
y City Manager
SUMMARY:
This is a reques
t for approval of proposed amendments to the development standards for urban lot splits and two-unit developments in accordance with the requirements of Senate Bill 9 (SB 9). A subcommittee of the Planning Commission (Hirschbein, Miller, M oruzzi) worked with staff to review modifications to the SB 9 development standards pursuant to guidance provided by the City Council. The recommendations of the subcommittee were presented to the Planning Commission at a study session in July 2022, and subsequently recommended for approval at a public hearing by the Planning Commission on September 28, 2022.
RECOMMENDATION:
1. Waive the reading
of the ordinance text in its entirety and read by title only; and
2. Introduce on fi
rst reading Ordinance No. ____, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 9.62 OF THE PALM SPRINGS MUNICIPAL CODE AND CHAPTER
93.00 OF THE PALM SPRINGS ZONING CODE RELATING TO URBAN LOT
SPLITS AND TWO -UNIT PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.”
BACKGROUND:
Related Relevant City Actions
12/15/21 The Planning Commission held a study session to review information relative to SB 9 and discuss implementation.
===~===-I I
Item 3D - Page 17
Item 2A Page 1 10/17/2022
Related Relevant City Actions
01/13/22
The City Council adopted Urgency Ordinance No. 2057, establishing interim standards for the approval of urban lot splits and two- unit residential development.
01/26/22
The Planning Commission recommended approval of a regular ordinance to permanently adopt standards for the approval of urban lot splits and two-unit residential development.
01/27/22
The City Council adopted Ordinance No. 2058, establishing permanent standards for urban lot splits and two-unit residential development. As part of the approval, the City Council modified the maximum unit size from 800 square feet to 1,000 square feet and recommended that the Planning Commission study the ordinance further and come back to City Council with recommendations on modifications that would make the ordinance more effective for the development of affordable housing.
March – July
2022
The Planning Commission subcommittee (Hirschbein, Miller, Moruzzi) met four times to review the ordinance, study proposed revisions, and finalize recommendations for the Planning Commission to consider. 07/27/22
The Planning Commission held a study session to discuss the recommendations of the subcommittee and provided direction to staff.
No formal action was taken on the matter.
09/28/22
The Planning Commission finalized their recommendations at a public hearing and voted 5 to 0 to recommend approval of the amendments to the City Council.
SB 9 was si
gned into law by Governor Newsom on September 16, 2021 and became effective on January 1, 2022. The bill allows urban lot splits and two- unit housing developments within single- family residential zones to be approved administratively by staff, without discretionary review or public hearing. The City of Palm Springs adopted an urgency ordinance to implement SB 9 on January 13, 2022 and followed up with the adoption of a regular ordinance on January 27, 2022.
The SB 9 ordi
nance as adopted by the City was limited in its scope and was intended to implement the re quirements of state law relative to urban lot splits and two- unit development while offering certain protections to maintain neighborhood character. In adopting the ordinance, the City Council requested that the Planning Commission study the ordinance further and propose modifications that would make the ordinance more effective for the development of affordable housing. State law allows local jurisdictions limited discretion in adopting objective development and architectural standards that may address local development patterns and characteristics, provided such amendments do not preclude the development of two residential units on a single-family parcel or prevent the units from being at least 800 square feet in area.
Item 3D - Page 18
Item 2A Page 2 10/17/2022
STAFF ANALYSIS:
As direct
ed by the City Council, the Planning Commission established a subcommittee (Hirschbein, Miller, Moruzzi) in January 2022 to work with staff in reviewing and proposing amendments to the SB 9 ordinance that would encourage the development of affordable housing while protecting neighborhood character. The subcommittee met four times between March 2022 and July 2022 and reviewed state law and the City’s current ordinance, evaluated SB 9 ordinances adopted by other California jurisdictions, reviewed research on the effect of SB 9 regulations, and considered public input. Meetings of the subcommittee were noticed in accordance with the Brown Act, and members of the public were invited to attend and offer input.
Based on th
e recommendations of the subcommittee, staff prepared a draft ordinance incorporating modifications to the current SB 9 regulations. The Planning Commission reviewed the draft ordinance at a study session in July 2022 and finalized their review at a public hearing on September 28, 2022. A list of the proposed modifications is included below; additional information on each of the proposed modifications, including the rationale for each change, is included as Attachment A to this staff report. The proposed changes include the following:
• Allow an ac
cess easement in addition to a “flag lot” configuration to provide access to lots created as part of the urban lot split process. • Modify the 1,000 square foot unit size limitation to allow for adequate square footage for family dwellings (see additional discussion in the following paragraph). • Modify the limitation on the expansion of any existing dwelling to allow expansions as dictated by lot coverage and setback requirements.
• Prohibit second- floor balconies (in addition to the prohibition on roof decks) to preserve privacy.
• Revise the front yard setback requirements to allow for swimming pools in front yard areas as is currently allowed for all other single-family development. • Allow flexibility in the 25-foot front yard setback requirement if abutting properties have a lesser setback.
• Allow tandem parking configurations, either in a garage, carport, or surface parking area.
• Limit the number of driveways/curb cuts for urban lot splits to preserve the character of residential neighborhoods.
• Eliminate the requirement for architectural consistency where new dwellings will not be visible from public rights-of-way.
• Revise the privacy standards for windows and doors in side and rear yard areas to require fencing or landscape screening to prevent direct views to abutting properties.
• Restrict the width of garage doors as a percentage of the overall façade width when visible from public rights-of-way.
• Minimum required plant sizes modified as part of landscaping and privacy Item 3D - Page 19
Item 2A Page 3 10/17/2022
requirements.
• Allow for zero -lot line configurations on the resulting lots of an urban lot split to provide additional usable open space and additional separation from structures on abutting lots.
One of the is
sues that was debated at length by both the subcommittee and the Planning Commission was relative to the maximum unit size permitted under the ordinance. The current ordinance adopted by the City Council allows for a maximum unit size of 1,000 square feet for any primary unit. The subcommittee discussed the square footage that would be necessary for housing units to accommodate families and determined that the limitation should be increased to allow for the development of three- bedroom units at a minimum. This standard was reviewed by the Planning Commission at the July study session and the September public hearing, and it was ultimately determined that the limitation should be 1,500 square feet for the initial unit developed on lots created under the ordinance, and 1,000 square feet maximum for the second unit developed on the lot.
The draft ordinance for consideration by the City Council includes this final recommendation.
ENVIRONME
NTAL ASSESSMENT:
Under Calif
ornia Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two- unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.
In additio
n to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Clas s 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi -family residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling Item 3D - Page 20
Item 2A Page 4 10/17/2022
unit, in a residential zone. Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the City Council finds that the ordinance will:
(1) Not resul
t in a potentially significant cumulative impact as the development allowable under this ordinance will only be established in developed areas where environmental analysis and assessment has occurred, and the scope of allowable development will not result in impacts that significantly exceed that of the existing development.
(2) Not resul
t in a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances as the development allowable under this ordinance will only be permitted in developed areas and poses no impacts that differ from existing development.
(3) Not result
in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway as the development allowable under this ordinance is not permitted in areas with scenic area overlay protections as identified in the General Plan and Zoning Code. (4) Not be locate
d on a hazardous waste site included on any l ist compiled pursuant to § 65962.5 of the Government Code as no areas eligible for the development allowable under this ordinance are located on a listed hazardous waste site.
(5) Not resul
t in a substantial adverse change in the significance of a historical resource as alterations to historic resources are governed by the procedures listed in Chapter 8.05 of the Palm Springs Municipal Code and are subject to review and approval by the Historic Preservation Officer and/or the Historic Site Preservation Board.
Each of the
foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project.
ALIGNMENT WITH STRATEGIC PLANNING:
While this
proposed ordinance does not directly align with any specific City Council priorities, it assists in implementing the goals and policies of the Housing Element of the City of Palm Springs General Plan, which is listed as an action item under the priority of Community Infrastructure (3C).
Item 3D - Page 21
Item 2A Page 5 10/17/2022
REVIEWED BY:
Deputy City Manager: Flinn Fagg
Acting City Manager: Jeremy Hammond
ATTACHMENTS:
A. Summary of
Proposed Changes – Table
B. Proposed Ordinance – Strikeout/Underline Format
C. Public Correspondence Letters
Item 3D - Page 22
Item 2A Page 6 10/17/2022
ATTACHMENT A
Item 3D - Page 23
Item 2A Page 7 10/17/2022
Summary of Proposed Changes: SB 9 Ordinance Amendment
Section 9.62.055
Urban Lot Splits
Section 93.23.21
Two-Unit Projects Change in Text Justification
9.62.055(E)(9)
Lot Access N/A
Lot access requirements modified to
allow for driveway easement instead of
requiring direct frontage on a public
right-of-way.
Allowing for an easement instead of a
“flag-lot” configuration will provide
greater flexibility in lot configuration
and application of setback
requirements.
9.62.055(E)(10)(b)(1)
Unit Size
93.23.21(E)(6)(b)(1)
Unit Size
Maximum unit size increased from
1,000 SF to 1,500 SF for the primary
unit; secondary unit limited to 1,000
SF.
Removing the 1,000 SF limitation for
the primary dwelling will allow for
larger unit sizes to accommodate
families.
9.62.055(E)(10)(b)(2) &
(3)
Unit Size – Existing
Dwelling
93.23.21(E)(6)(b)(2) &
(3)
Unit Size – Existing
Dwelling
Restrictions on the expansion of the
existing primary dwelling unit
eliminated; expansion subject to lot
coverage and setback requirements
only.
Removing the restriction on expansion
of the existing primary dwelling unit will
provide greater flexibility in the
application of SB9 standards.
9.62.055(E)(10)(c)(3)
Height Restrictions
93.23.21(E)(6)(c)
Height Restrictions
Prohibition on second-floor balconies
added.
In addition to prohibiting roof decks,
prohibition of second-floor balconies
will protect privacy of adjacent lots.
9.62.055(E)(10)(e)(3)(iii)
Front Setback Area
93.23.21(E)(6)(f)(3)(ii)
Front Setback Area
Requirement for landscape architect to
prepare landscape plans revised to
allow for landscape designers to also
prepare plans.
The City does not currently
requirement landscape architects to
prepare landscape plans; this is
consistent with current City
requirements and consistent with the
Drought-Tolerant Landscape
Ordinance.
9.62.055(E)(10)(e)(3)(iv)
Front Setback Area
93.23.21(E)(6)(f)(4)
Front Setback Area
Language added to allow the 25’ front
setback to be reduced to the average
setback if the dwellings on the
adjacent lots have a setback of less
than 25’.
Several developments and the R-1-E
zone district may have houses with
setbacks of less than 25’; this change
will assist in providing a consistent
setback in residential neighborhoods.
Item 3D - Page 24
Item 2A Page 8 10/17/2022
Section 9.62.055
Urban Lot Splits
Section 93.23.21
Two-Unit Projects Change in Text Justification
9.62.055(E)(10)(e)(3)(v)
Front Setback Area
93.23.21(E)(6)(f)(5)
Front Setback Area
Language added to allow swimming
pools in the front yard setback area;
the front yard landscape requirement
may be reduced to account for the
area occupied by a swimming pool.
Allowing swimming pools in the front
yard setback area is consistent with
zoning requirements for all single-
family zone districts.
9.62.055(E)(10)(f)
Parking
93.23.21(E)(6)(g)(2)
Parking
Language added to allow for the use of
tandem parking spaces.
The use of tandem spaces will allow
greater flexibility in the design of
parking on smaller lot sizes.
9.62.055(E)(10)(g)
Driveways
93.23.21(E)(6)(h)
Driveways
Standards for driveways added to limit
the number of curb cuts, restrict
driveway width, and prohibit bay
parking spaces.
Driveway standards will assist in
maintaining the character of single-
family neighborhoods while providing
adequate vehicular access to new lots
created under the SB9 ordinance.
9.62.055(E)(10)(h)(1)
Architecture
93.23.21(E)(6)(i)(1)
Architecture
Requirement for new dwellings to be
architecturally consistent with existing
dwellings eliminated to only apply to
dwellings that are visible from a public
right-of-way.
Elimination of the requirement that all
new dwellings be consistent with
existing dwellings will allow for greater
architectural creativity.
9.62.055(E)(10)(h)(5)
Windows/Doors
93.23.21(E)(6)(i)(5)
Windows/Doors
Requirement that any window/door
within 30’ of a side or rear property line
be a clerestory window or utilize
frosted glass eliminated.
The ordinance already requires that
any window/door with a direct line of
sight to an adjacent property must be
properly screened with fencing and/or
landscaping; this language is adequate
to protect privacy of adjacent lots.
9.62.055(E)(10)(h)(6)
Garage Doors
93.23.21(E)(6)(i)(6)
Garage Doors
Language added to restrict the width of
garage doors to no more than 50% of
the overall façade width where visible
from a public right-of-way.
Garages and garage doors can
overwhelm an elevation on narrow
houses; this requirement will assist in
protecting architectural character,
making the dwelling space more
prominent than the garage.
Item 3D - Page 25
Item 2A Page 9 10/17/2022
Section 9.62.055
Urban Lot Splits
Section 93.23.21
Two-Unit Projects Change in Text Justification
9.62.055(E)(10)(i)(1)
Landscaping
93.23.21(E)(6)(j)(1)
Landscaping
Requirement for minimum 15-gallon
plant size modified to allow for the use
of 5-gallon plant sizes; a minimum of 2
drought-tolerant trees required per lot.
The cost of 15-gallon plant sizes would
be burdensome based on the number
of plants required by the ordinance;
privacy screening addressed in other
sections of the ordinance.
9.62.055(E)(10)(i)(2)
Landscaping
93.23.21(E)(6)(j)(2)
Landscaping
Requirement for minimum 6-foot high
plants upon installation clarified to only
require 6-foot height when utilized for
privacy screening.
The cost of 6-foot high plants would be
burdensome based on the number of
plants required; 6-foot high landscape
materials are primarily beneficial in
areas where privacy screening is
needed.
9.62.055(E)(11) N/A
Language added to allow for zero-lot
line development on the resulting lots
created by an urban lot split.
Zero-lot line configurations will allow
for more generous side yards on
narrow lots and provide for usable
open space for residents.
Item 3D - Page 26
Item 2A Page 10 10/17/2022
ATTACHMENT B
Item 3D - Page 27
Item 2A Page 11 10/17/2022
ORDINANCE NO. ____
AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING SECTION
9.62.055 OF THE PALM SPRINGS MUNICIPAL CODE AND
SECTION 93.23.21 OF THE PALM SPRINGS ZONING
CODE RELATING TO URBAN LOT SPLITS AND TWO-UNIT
PROJECTS AND DETERMINING THE ORDINANCE TO BE
EXEMPT FROM CEQA.
City Attorney’s Summary
This Ordinance amends the Palm Springs Municipal Code
and the Palm Springs Zoning Code to ado pt revised
development standards for urban lot splits and two- unit developments in single-family residential zones in accordance with Senate Bill 9. The revised standards are intended to better assist in the development of affordable and workforce housing units.
THE CITY
COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. The City
of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and
B. In 2021, th
e California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”), which, among other things, adds Government Code Section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-units projects; and
C. SB 9 all
ows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and D. The City
desires to amend its local regulatory scheme to encourage urban lot splits and two-unit projects by removing barriers to such development in accordance with Government Code Sections 66411.7 and 65852.21; and E. Pursuant
to the Charter of the City of Palm Springs and Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the City Council is authorized to initiate proceedings and recommend amendments to the Municipal Code and Zoning Code; and Item 3D - Page 28
Item 2A Page 12 10/17/2022
F. On September 28, 2022, the Planning Commission conducted a duly noticed public hearing to consider Case No. 5.1548 ZTA, an ordinance amending the Zoning Code to revise certain development standards related to urban lot splits and two- unit projects, and by a 5 to 0 vote, approved Resolution #XXXX recommending approval of a Zoning Text Amendment to the City Council; and
G. Notice o
f a public hearing of the City Council of the City of Palm Springs to consider amendments to the Municipal Code was given in accordance with applicable law; and
H. On Octob
er 17, 2022, a duly noticed public hearing on the proposed Municipal Code Amendment was held by the City C ouncil in accordance with applicable law where, by a ___ to ___ vote, the City Council adopted the Municipal Code amendment; and
I. Under Cali
fornia Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.
In additi
on to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi -family residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the construction 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, in a residential zone. Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the City Council finds that the ordinance will:
Item 3D - Page 29
Item 2A Page 13 10/17/2022
(1) Not result in a potentially significant cumulative impact as the development allowable under this ordinance will only be established in developed areas where environmental analysis and assessment has occurred, and the scope of allowable development will not result in impacts that significantly exceed that of the existing development;
(2) Not res
ult in a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances as the development allowable under this ordinance will only be permitted in developed areas and poses no impacts that differ from existing development;
(3) Not resul
t in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway as the development allowable under this ordinance is not permitted in areas with scenic area overlay protections as identified in the General Plan and Zoning Code; (4) Not be locat
ed on a hazardous waste site included on any list compiled pursuant to § 65962.5 of the Government Code as no areas eligible for the development allowable under this ordinance are located on a listed hazardous waste site; or
(5) Not res
ult in a substantial adverse change in the significance of a historical resource as alterations to historic resources are governed by the procedures listed in Chapter 8.05 of the Palm Springs Municipal Code and are subject to review and approval by the Historic Preservation Of ficer and/or the Historic Site Preservation Board.
Each of t
he foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project.
K. The City
Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zoning Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented; and L. The City
Council finds that approval of the proposed Zoning T ext Amendment would:
1. Implem
ent the requirements of Senate Bill 9 by adopting standards and procedures relative to urban lot splits and two- unit development in single- family residential zone districts that are consistent with state law.
2. Implem
ent the goals and policies of the Housing Element of the City of Palm Springs General Plan by increasing options for the development of new Item 3D - Page 30
Item 2A Page 14 10/17/2022
housing units that are affordable for residents with incomes that are at or below the area median income.
THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. That the findings and determinations reflected abo e are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance.
SECTION 2. That Section 9.62.055 of the Palm Springs Municipal Code shall be amended as follows:
Secti
on 9.62.055 Urban Lot Splits
A. Purpose. T
he purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.
B. Definiti
on. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.
C. Applicat
ion.
1. Only indi
vidual property owners may apply for an urban lot split. “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 applic
ation for an urban lot split must be submitted on the city’s approved form. 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.
3. 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 applic
ation for a parcel map for an urban lot split is approved or denied Item 3D - Page 31
Item 2A Page 15 10/17/2022
ministerially, by the Director, without discretionary review.
2. A tentati
ve parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval.
3. The approval m
ust 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. Requirement
s. An urban lot split must satisfy each of the following requirements:
1. Map Act C
ompliance.
(a) The urban l
ot split must conform to all applicable objective
requirements of the Subdivision Map Act ( Gov. Code § 66410 et. seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section. (b) If an ur
ban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:
(1) The buyer
or grantee of a lot that is created by the urban lot
split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(2) The cit
y has all the remedies available to it under the SMA,
including but not limited to the following:
(i) An acti
on to enjoin any attempt to sell, lease, or finance
the property.
(ii) An acti
on for other legal, equitable, or summary
remedy, such as declaratory and injunctive relief.
(iii) Crim
inal 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.
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(iv) Recor
d a notice of violation.
(v) Withh
old any or all future permits and approvals.
(c) Notwi
thstanding section 66411.1 of the SMA, no dedication of right - of-way or construction of offsite improvements is required for an urban lot split.
2. Zone. The l
ot to be split is in a single-family residential zone. For purposes of this section, a single- family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.
3. Lot Locati
on.
(a) The lot t
o be split is not located on a site that is any of the following:
(1) Prim
e farmland, farmland of statewide importance, or land
that is zoned or designated for agricultural protection or preservation by the voters.
(2) A wetl
and.
(3) Withi
n a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
(4) A hazar
dous waste site that has not been cleared for
residential use.
(5) Withi
n a delineated earthquake fault zone, unless all
development on the site complies with applicable seismic protection building code standards.
(6) Withi
n a 100- year flood hazard area, unless the site has
either:
(i) been subjec
t 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
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Program.
(7) Withi
n a regulatory floodway unless all development on the
site has received a no-rise certification.
(8) Land ident
ified 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 c
onservation easement.
(11) Land wit
hin a hillside area, as that term is defined in
section 93.13.00.
(b) The purpos
e 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 His
toric. The lot to be split 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 historic resource or as a historic property or within a historic district.
5. No Pri
or Urban Lot Split.
(a) The lot
to be split was not established through a prior urban lot split. (b) The lot t
o be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.
6. No Impac
t on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(a) Housing t
hat is income- restricted for households of moderate, low, or very low income.
(b) Housing t
hat 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) Item 3D - Page 34
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at any time in the 15 years prior to submission of the urban lot split application.
(d) Housing t
hat has been occupied by a tenant in the last three years.
The applicant and the owner of a property for which an urban lot split 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.
7. Lot Size.
(a) The lot
to be split must be at least 2,400 square feet.
(b) The res
ulting lots must each be at least 1,200 square feet.
(c) Each of
the resulting lots must be between 60 percent and 40 percent of the original lot area.
8. Easem
ents.
(a) The owner
must enter into an easement agreement with each public
service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots. (b) Each ease
ment must be shown on the tentative parcel map.
(c) Copies of
the unrecorded easement agreements must be submitted
with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart (D)(2) above.
(d) If an eas
ement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.
9. Lot Access. Each resulting lot must have either:
(a) Each resulting lot must adjoin the public right-of-way. (b) Each resulting lot must have frontage on the public right-of-way of at least 12.5 feet.
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(a) Frontage on a public right-of-way of at least 12.5 feet; or (b) An easement to a public right-of-way that is at least 12.5 feet in width.
10. Unit St
andards.
(a) Quanti
ty. 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 section 93.23.21 of
this code, an ADU, or a JADU.
(b) Unit Siz
e.
(1) The total floor area of each the first primary dwelling that is developed on a resulting lot must be conform to the following:
(i) less than or equal to 1,000 1,500 square feet and
(ii) more than 500 400 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.
(2)(3) A primary dwelling that was legally established prior to the urban lot split and that is larger than 1,000 square feet is limited to the lawful floor area at the time of the urban lot split.
It may not be expanded. 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.
(3) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 1,000 square feet may be expanded to 1,000 square feet after the urban lot split.
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(c) Height Restrictions.
(1) On a res
ulting 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 resulting 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 result in 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 setback.
(3) No rooftop deck or second- floor balcony is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
(d) Lot Cover
age. 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. (e) Setb
acks.
(1) Generall
y. All setbacks must conform to those objective
setbacks that are imposed through the underlying zone.
(2) Except
ions. Notwithstanding subpart (E)(10)(e) above:
(i) Exis
ting 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 squar
e feet; 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.
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(iii) Front S
etback Area. Notwithstanding any other part of
this code, dwellings that are constructed after an urban lot split must be at least 25 feet from the front property lines. The front setback area must:
(I) be kept f
ree from all structures greater than
three feet high;
(II) be at least 50 percent landscaped with drought-
tolerant plants, with vegetation and irrigation
plans approved prepared by a licensed
landscape architect or qualified professional as
that term is defined in PSMC Chapter 8.60;
(Ill) allow
for vehicular and fire-safety access to the
front structure.
(iv) 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.
(v) 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)(10)(e)(2)(iii)(II) above may be reduced to a minimum of 15 percent.
(f) Parki
ng.
(1) Parking Spaces Required. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off -street parking space per unit unless one of the following applies:
(1)(i) The lot is located within one-half mile walking distance of either
(i)(I) a corridor with fixed route bus service with
service inte rvals no longer than 15 minutes
during peak commute hours or
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(ii)(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.
(2)(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 are permissible for any lot developed as part of an urban lot split.
(g) 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 are prohibited.
(g)(h) 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 publ ic 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 ther
e is no legal primary dwelling on the lot before the urban lot split, 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.
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(3) All ext
erior lighting must be limited to down-lights.
(4) No window
or door of a dwelling that is constructed on the lot
after the urban lot split 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 a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion 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.
(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.
(h)(i) 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 (1) 15-gallon 5-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24″ box size plant shall be provided for every ten (10) linear feet of exterior wall. A minimum of two (2) 24” box size drought tolerant trees shall be planted on each lot created under this ordinance.
(2) Plant specimens utilized to provide screening as required in subpart (E)(10)(h)(4) above must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.
(3) All l
andscaping must be drought tolerant.
(4) All l
andscaping must be from the city’s approved plant list. (i)(j) Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.
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(j)(k) Utilities. Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider. (k)(l) Building & Safety. All structures built on the lot must compl y with all current local building standards. An urban lot split is a change of use.
11. Zero-Lot Line Development.
(a) Zero -lot line development may be permitted as part of an urban lot split. The zero- lot line condition shall only be permitted on the common property line between the resulting lots that are created as part of an urban lot split; structures shall not be allowed at a side or rear yard property line that is shared with existing abutting lots. (b) Where a zero-lot line condition is employed along a common side or rear property line on the resulting lots that are created as part of an urban lot split, the opposite side yard or rear yard shall be increased by the corresponding setback reduction. The aggregate setbacks shall be as follows:
(1) The aggregate side yard setback shall be the minimum side yard setback of the underlying zone district or 8 feet, whichever is greater.
(2) The aggregate rear yard setback shall be the minimum rear yard setback of the underlying zone district but may be reduced to 8 feet where the setbacks of the underlying zone physically preclude 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 area.
11.12. Fire-Hazard Mitigation Measures.
(a) A lot
in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(1) It mus
t 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. (2) All dw
ellings on the site must comply with current fire code
requirements for dwellings in a very high fire hazard severity zone.
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(3) All enclos
ed structures on the site must have fire sprinklers.
(4) All s
ides 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.
(5) If the l
ot does not have a swimming pool, the lot must have a
water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire authority standard pump and hose equipment.
(b) Prior
to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire hazard mitigation measures in accordance with this subpart (E)(11). The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city’s costs for inspection. Failure to pay is grounds for denying the application.
12.13. Separate Conveyance.
(a) Withi
n a resulting lot.
(1) Prim
ary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
(2) Condomi
nium airspace divisions and common interest
developments are not permitted on a lot that is created by an urban lot split.
(3) All f
ee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. (b) Betwee
n resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is nec essary to allocate rights and responsibility between the owners of the two lots.
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13.14. Regulation of Uses.
(a) Resident
ial-only. No non- residential use is permitted on any lot created by urban lot split.
(b) No Short-T
erm Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days. (c) Owner O
ccupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three (3) years after the urban lot split is approved.
14.15. Notice of Construction.
(a) At l
east 30 business days before starting any construction of a structure on a lot created by an urban lot split, 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) Notic
e that construction has been authorized,
(2) The anti
cipated 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 Division.
(b) This no
tice 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.
15.16. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
(a) Expre
ssly prohibits any r ental of any dwelling on the property for a period of less than 30 days.
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(b) Expres
sly prohibits any non-residential use of the lots created by the urban lot split.
(c) Expres
sly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(d) 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. Specif
ic Adverse Impacts.
1. Notwit
hstanding anything else in this section, the city may deny an application for an urban lot split 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. “Specif
ic 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(g).
3. The buildi
ng official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. (Ord. 2058 § 2, 2022; Ord. 2057 § 3, 2022)
SECTION 3. That Section 93.23.21 of the Palm Springs Zoning Code shall be amended as follows:
Section
93.23.21 Two-Unit Projects
A. Purpose. T
he purpose of this section is to allow and appropriately regulate two- unit projects in accordance with Government Code section 65852.21.
B. Definitio
n. A “two -unit project” means the development of t wo 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.
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C. Applicat
ion.
1. Only ind
ividual 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 applica
tion for a two- unit project must be submitted on the city’s approved form.
3. The applic
ant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.
4. Only a c
omplete 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 ci
ty 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 applic
ation for a two-unit project is approved or denied ministerially, by the Director, without discretionary review.
2. The mini
sterial 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 m
ust 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. Requirement
s. A two-unit project must satisfy each of the following requirements:
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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 single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.
3. Lot Locati
on.
a. The lot is
not located on a site that is any of the following:
1) Prime f
armland, farmland of statewide importance, or land
that is zoned or designated for agricult ural protection or preservation by the voters.
2) A wetlan
d.
3) Within a v
ery high fire hazard severity zone, unless the site
complies with all fire-hazard mitigation measures required by existing building standards.
4) A hazard
ous 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 subjec
t to a Letter of Map Revision prepared by
the Federal Emergency Management Agency and
issued to the local jurisdiction, or
(ii) meets
Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
7) Within
a regulatory floodway unless all development on the
site has received a no-rise certification.
8) Land identi
fied for conservation in an adopted natural
community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
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9) Habitat
for protected species.
10) Land under cons
ervation easement.
11) Land withi
n 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 His
toric. 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 St
andards.
a. Quantity
.
1) No more t
han two dwelling units of any kind may be built on a
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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 Siz
e.
1) The total floor area of each the first primary dwelling that is developed on a resulting lot must be conform to the following:
(i) less than or equal to 1,000 1,500 square feet and
(ii) more than 500 400 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.
2)3) A primary dwelling that was legally established prior to the urban lot split and that is larger than 1,000 square feet is limited to the lawful floor area at the time of the urban lot split.
It may not be expanded. 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.
3) A primary dwelling that was legally established prior to the two-unit project and that is smaller than 1,000 square feet may be expanded to 1,000 square feet after or as part of the two- unit project.
c. Height Re
strictions.
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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 result in 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 Coverag
e. 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. Setb
acks.
1) Generally
. All setbacks must conform to those objective
setbacks that are imposed through the underlying zone.
2) Excepti
ons. Notwithstanding subpart (E)(6)(f) above:
(i) Exis
ting 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 s
f; four-foot side and rear. The setbacks imposed
by the underlying zone must yield to the degree
necessary to avoid physically precluding the
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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 Set
back 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 fr
ee from all structures greater than three feet
high;
(ii) be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved
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 the front structure 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:
1)(i) The lot is located within one-half mile walking distance of either
(i)(I) a corridor with fixed route bus service with
service intervals no longer than 15 minutes
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during peak commute hours or
(ii)(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.
2)(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 are 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 are prohibited.
h.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 Item 3D - Page 51
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slope shared by the largest portion of the roof.
3) All ext
erior 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 a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerest ory 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.
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.
i.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 (1) 15-gallon 5-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24″ box size plant shall be provided for every ten (10) linear feet of exterior wall. A minimum of two (2) 24” box size drought tolerant trees shall be planted on each lot created under this ordinance.
2) Plant specimens utilized to provide screening as required in subpart (E)(10)(h)(4) above must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.
3) All lands
caping must be drought tolerant.
4) All lands
caping must be from the city’s approved plant list.
j.k. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
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k.l. Utilities. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. l.m. Building & Safety. All structures built on the lot must comply with all current local building standar ds. 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-Hazar
d Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the followi ng 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 dwelling
s on the site must comply with current fire code
requirements for dwellings in a very high fire hazard severity zone. c. All encl
osed 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 l
ot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire-authority standard pump and hose equipment.
8. Separate Co
nveyance.
a. Primar
y dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condo miniu
m 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. Resident ial
-only. No non-residential use is permitted on the lot.
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b. No Short-T
erm Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.
c. Owner Oc
cupancy. Unless the lot was formed by an urban lot split, 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 t
hat construction has been authorized,
2) The antic
ipated start and end dates for construction,
3) The hours o
f construction,
4) Contact i
nformation for the project manager (for construction-
related complaints), and
5) Contact i
nformation for the Building & Safety Department.
b. This not
ice 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 Restr
iction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
a. Express
ly prohibits any rental of any dwelling on the proper ty for a period of less than 30 days.
b. Express
ly prohibits any non-residential use of the lot.
c. Express
ly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
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d. If the l
ot 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 t
hat 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. Specif
ic Adverse Impacts.
1. Notwit
hstanding 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. “Specif
ic 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 buildi
ng 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 ci
ty may:
a. Bring an acti
on to enjoin any attempt to sell, lease, or finance
the property
.
b. Bring an ac
tion for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
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c. Pursue criminal prosecution, punishable by imprisonment in co unty 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 not
ice of violation.
e. Withhol
d 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. 2058 § 3, 2022; Ord. 2057 § 4, 2022) SECTION 4. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and ach section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
SECTION 5. Under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.
SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.
PASSED, APPRO
VED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, _________.
LISA MID DLETON
MAYOR
ATTEST:
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BRENDA PREE, MMC
CITY CLERK
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CERTIFICATION
STATE OF C
ALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE,
City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABST
AIN:
IN WITNE
SS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE , MMC
CITY CLERK
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ATTACHMENT C
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Marc Teren
532 S Indian Trail | Palm Springs, CA 92264
July 19, 2022
Members of the Planning Commission
City of Palm Springs California
Dear Chair Weremiuk, Vice-Chair Roberts and Members of the Planning Commission:
I am a property owner in the Warm Sands neighborhood and am looking forward to making Palm Springs my permanent home. Thanks to yours and the City Council’s support in developing an SB9 ordinance that works for all, this is now possible.
SB9 is certainly forward thinking. With the requirement that a homeowner undertake the SB9 development, making one of the residences their home – there is a great deal, much with significant complexity (e.g. lot split, new utilities), for a homeowner to do to make this happen.
The Subcommittee’s ordinance recommendation, that zoning code guide development, will make SB9 requirements simpler for residents to understand. I believe this fact will yield homes that, while likely smaller than their neighbors, are consistent with the character of the neighborhoods.
I only have one recommendation at this time:
The code draft specifies that two residence of no less than 1,000 SF each may be developed on an SB 9 lot. I believe the 2,000 SF allowance should not be required to be equally split, particularly given that homes may not be separately conveyed. I believe the minimum 500 SF currently specified should apply.
This unequal split, will be particularly helpful on smaller lots, and provide the opportunity to build a home large enough for the three bedrooms needed for a family - difficult, if not impossible, to achieve in 1,000 SF. This will allow for a plan that is more consistent with the massing of neighboring homes, including those that may have an ADU of smaller scale.
I appreciate the seriousness and considered attention to developing an ordinance that will certainly lead to the building of additional housing units - and structured in a way that I believe will lead to the development of many homes with the potential to house a small family.
Something the city council identified as an important element of the city’s final ordinance.
Lastly, I want to thank the SB9 subcommittee and Flinn Fagg for allowing me the opportunity to participate in the ordinance process to date. The subcommittee has been supportive, and Mr.
Fagg has made time available to chat and answer my questions.
Thank you for your courtesy and for your work in support of this ordinance. Please feel free to reach out if I can clarify any of my comments.
Best Regards,
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Tiffani Bailey
From:
Sent:
To:
Anthony Mejia
Thursday, January 13, 2022 2:50 PM
Tiffani Bailey
Subject: Fwd: Public Comment - Item
CityOrd.pdf Attachments:
AC
Anthony Mejia
City Clerk
Begin forwarded message:
From: Steven Randel <[email protected]>
Date: January 13, 2022 at 2:41:01 PM PST
To: City Clerk <[email protected]>
Subject: Public Comment - Item
·NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open · attachments unless you are sure the content is safe.
Please contribute the attached letter regarding zoning ordinance changes for SB 9 that the City Council will address this evening.
Thank you,
Steven Randel
1 Item 3D - Page 61
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Palm Springs Planning Department
Steven C. Randel
Randel Architecture, Inc.
777 E Tahquitz Canyon Way, Suite 200.209
Palm Springs, CA 92262
13 January 2022
Regarding Ordinance Compliance for Senate Bill 9 for Lot Splits As a design professional, I wish to contribute to how the Planning Department will address some of the parameters of SB9 into the Palm Springs Ordinances.
1. Lot Square Footage - For urban lot splits, the proposed threshold is 2400 square feet. Very few lots in the area are less than 8000 square feet. With required setbacks, any lot less than 5000 square feet would be difficult to meet setbacks depending on the zone. I suggest raising the lot to be split to at least 5000 square feet. Make the minimum size 2500 square feet, but don't place a 60/40 split because that further complicates the equation. Just let the minimum of 2500 square feet be the determining factor. That way, you could have a IOOOO square foot lot have a small parcel of not less than 2500 feet, which could hold a small home.
2. There will have to be more leeway in setbacks so that buildings can comply but allow at least five feet. Any building closer than five feet needs specific eave construction for fire codes. Six feet is even better for a side setback.
3. Keep a one-story maximum in all cases, as most current single-family lots restrict to a single level. This maintains neighboring privacy. Lower the height maximum to 12 feet. A 16-foot height limit is too much for a single-level dwelling. An 8 to 9-foot ceiling is adequate in a small dwelling, a lower height also keeps the pitch of roofs lower, so they don't block views.
4. The maximum square footage of 800 is too restrictive. That amount is only suitable for a comfortable one-bedroom apartment. No one will build a one-bedroom dwelling. The expense for the return is too low. Allow at least 1000 square feet and up to 1200 square feet for another house. That amount allows two bedrooms at least and contributes to the housing supply more practically.
5. The minimum of 500 square feet is also too little to add to the housing supply. Make it 750 square feet minimum so that the dwelling is enough to have lasting value .
6. Don't put restrictions on the square footage of existing dwellings where you would otherwise be able to add to that house. A restriction like that further limits dwelling space, which is needed to add to the housings supply.
7. Do not require street frontage for secondary lots. Allow easements to serve that purpose instead, which technically allows larger parcels.
Since the goal is to build more housing within established infrastructure in California, that housing should be just as desirable as all other dwellings. The proposed square footage could inhibit production since an investment must make a return. Please consider spatial practicality in your decision to update the Palm Springs ordinances.
Thank you,
~~~~~
Steven C. Randel
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CITY COUNCIL STAFF REPORT
11/10/2022
SUBJECT:
PROPOSED UPDATE OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5.77
PERTAINING TO ADULT-ORIENTED BUSINESSES AND REPEAL OF CHAPTER
11.10 PERTAINING TO PUBLIC NUDITY
RECOMMENDATION:
Waive the reading of the ordinance text in its entirety and read by title only.1.
Introduce on first reading Ordinance No. ___, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO
ADULT-ORIENTED BUSINESS REGULATIONS, AND A REPEAL OF
CHAPTER 11.10 RELATING TO PUBLIC NUDITY.”
2. Attachments
Item 3E
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 10, 2022 BUSINESS & LEGISLATIVE
SUBJECT: PROPOSED UPDATE OF PALM SPRINGS MUNICIPAL CODE CHAPTER
5.77 PERTAINING TO ADULT -ORIENTED BUSINESSES AND REPEAL OF CHAPTER 11.10 PERTAINING TO PUBLIC NUDITY
FROM: Teresa Gallavan, Interim City Manager
BY: Flinn Fagg, Deputy City Manager
SUMMARY:
This a request to update Palm Springs Municipal Code (PSMC) Chapter 5.77 pertaining to the regulations for adult-oriented businesses, which has not been updated since 1995.
Staff was directed to prepare updates to the ordinance at the City Council meeting of October 27, 2022. In addition, the City Council may consider repealing PSMC Chapter
11.10 (“Public Nudity”), as state law adequately regulates issues relating to public nudity.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only; and
2. Introduce on first reading Ordinance No. ___, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO
ADULT-ORIENTED BUSINESS REGULATIONS, AND A REPEAL OF CHAPTER
11.10 RELATING TO PUBLIC NUDITY.”
BACKGROUND – ADULT-ORIENTED BUSINESSES:
Palm Springs Municipal Code (PSMC) Chapter 5.77 provides regulations pertaining to the operation and location of adult -oriented businesses. An a dult-oriented business is generally defined as any business that offers products, merchandise, services, or entertainment, characterized by an emphasis on sexual activities or specified anatomical parts.
Examples of adult-oriented businesses identified in Chapter 5.77 include the following:
• Adult bookstore
• Adult cabaret
Item 3E - Page 1
City Council Staff Report
November 10, 2022 -- Page 2
Adult-Oriented Businesses/Public Nudity
• Adult hotel/motel
• Adult model studio
• Adult motion picture arcade
• Adult theater
• Sex club
• Any similar businesses characterized by an emphasis on specified sexual activities or specified anatomical parts.
Adult-oriented businesses are required to obtain an adult-oriented business permit as well as a business license. The ordinance only allows adult -oriented businesses in the C -M (Commercial Manufacturing), M- 1 ( Service/Manufacturing), M-1- P ( Planned Research and Development Park), and M-2 (Manufacturing) zone districts; adult uses are permitted by right in these zone districts, provided all other locational and operational requirements are met. Adult businesses must be at least 650 feet from any residential zone, and 500 feet from any public park, school, or religious facility. Adult businesses may not be located on a major or secondary thoroughfare, and cannot be located adjacent to, or across the street from, any other adult business. No waiver process is identified for the separation distance requirements.
The following uses are specifically excluded from the definition of an adult -oriented business in PSMC Ch apter 5.77 and are not subject to the additional permitting requirements or locational restrictions:
• Clothing optional hotel/motel
• Businesses selling sexually oriented merchandise wherein sexually oriented materials comprise less than 10% of the selling space or 250 square feet, whichever is less
• Live art classes.
STAFF ANALYSIS – ADULT-ORIENTED BUSINESSES:
Periodic review of the City’s ordinances is warranted to assess if the regulations are still applicable and appropriate or if modifications are necessary. The City’s adult -oriented business regulations were last amended in 1995, and there have been significant changes in the industry in terms of how adult products and materials are purchased and consumed. Consequently, the City’s standards for adult businesses do not adequately address these changes in the industry and current practices for regulating such businesses.
In evaluating changes to the existing ordinance, staff reviewed best practices from other jurisdictions as well as changes in state regulations pertaining to adult businesses. In particular, regulations from Los Angeles, San Diego and San Francisco were reviewed as these cities have all made recent updates to their adult ordinances.
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City Council Staff Report
November 10, 2022 -- Page 3
Adult-Oriented Businesses/Public Nudity
The following sections of this staff report provide a discussion of the various regulations that are applicable to adult-oriented businesses in comparison with other regulated uses in the City of Palm Spr ings (cannabis dispensaries/lounges, alcohol uses) and the regulation of adult businesses in other jurisdictions (Los Angeles, San Diego, San Francisco).
Adult-oriented business uses:
In an effort to update and streamline the list of adult - oriented uses, it is proposed that the existing list of uses be condensed into four broader categories as detailed in the following table.
Proposed Use Categories Existing Uses
Adult Entertainment Establishment
• Adult Cabaret
• Adult Model Studio
• Adult Theater
Adult Hotel/Motel* (No change)
Adult Retail Establishment • Adult Bookstore
• Adult Motion Picture Arcade
Adult Sex Venue • Sex Club
*Please note that Clothing Optional Hotels/Motels are separate and distinct from the Adult Hotel/Motel use and are not subject to the regulations contained in PSMC Chapter 5.77.
The purpose for revising the list of uses is to eliminate uses that are gradually phasing out due to industry changes (Adult Model Studio, Adult Motion Picture Arcade) in favor of more generalized categories that are less likely to become obsolete.
Zone districts where permitted:
Adult businesses in the City of Palm Springs are only
allowed in industrial zone districts. In comparison, other regulated businesses such as cannabis dispensaries/lounges and alcohol uses are allowed in most commercial districts as well as industrial districts. A table comparing the zone districts where adult uses are allowed with other regulated businesses is included in Attachment B.
In comparison, the City of Los Angeles allows adult businesses in certain commercial districts in addition to industrial districts. San Diego allows adult businesses in limited commercial zones and limited industrial zones . San Francisco is perhaps unique in its regulation of adult businesses , in that it generally allows such businesses in areas that have an association with the LGBTQ+ community, such as the Castro, Upper Market, Tenderloin, and SOMA neighborhoods, rather than regulating adult uses by standard zone districts.
Should the Council wish to expand the list of zone districts where adult uses are allowed, the following zones may be considered:
• C- 2 (General Commercial) Zone: Allow as a permitted use. • HC (Highway Commercial) Zone: Allow as a permitted use. • C- 1 (Retail Business) Zone: Allow via Conditional Use Permit approval.
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City Council Staff Report
November 10, 2022 -- Page 4
Adult-Oriented Businesses/Public Nudity
The C-2 and HC zones occur in limited locations and may generally be appropriate for adult uses provided all separation and locational standards are applied. The C -1 zone district may also be appropriate for adult uses but would need greater scrutiny in terms of impacts to surrounding uses . Consequently, it is recommended that a Conditional Use Permit be required for adult businesses in the C-1 zone.
Separation distance requirements: The City of Palm Springs currently requires the following separation distances for adult businesses:
• 650 feet from any residential zone
• 500 feet from parks, schools, mortuaries, religious uses • Not allowed adjacent to or across the street from any other adult business.
No waiver process is identified to allow any adjustment of these separation distance requirements. In addition to the separation distances identified above, adult businesses may not be located on a major or secondary thoroughfare as identified by the General Plan (generally described as four-lane and six-lane arterial roadways).
In comparison with other regulated uses, cannabis dispensaries and lounges must have a 500-foot separation from any other dispensary/lounge and must be a minimum of 600 feet from any park, playground, school, dayc are center, or youth center. The distance separation requirements may be waived by the City Council via an Administrative Minor Modification application. Alcohol uses do not have a separation distance requirement .
However, the State of California limits the number of alcohol licenses by type that can be issued within each Census tract. The State grants authority to local jurisdictions to waive this limitation through the adoption of a Resolution of P ublic Convenience or Necessity for each individual applicant. A table comparing the separation distance requirements for adult businesses and other regulated uses is included in Attachment B.
Los Angeles, San Diego, and San Francisco all generally require separation distances from protected uses, residential areas, and other adult businesses. A table comparing the separation distances for adult businesses in the various jurisdictions is included in Attachment B. None of the jurisdictions identify a waiver process to modify the distance separation requirements for adult businesses.
Due to the unique characteristics of the C ity’s industrial districts relative to residential areas, it is proposed that the 650- foot separation between adult businesses and residential zone boundaries be modified to a prohibition against an adult business being located adjacent to a residential zone boundary. This will generally protect residential neighborhoods from any incursion or potential impact of adult businesses, while offering a standard that is generally similar to other regulated uses such as bars and cannabis dispensaries. In addition, it is proposed that the separation distance from protected uses be increased from 500 feet to 600 feet in order to apply a similar standard that is currently applicable to cannabis uses.
Item 3E - Page 4
City Council Staff Report
November 10, 2022 -- Page 5
Adult-Oriented Businesses/Public Nudity
Modifications to minimum requirements: Section 5.77.025 (“Findings/requirements”) lists all minimum standards that are applicable for the establishment of adult businesses. In addition to compliance with zoning standards and separation distance requirements, other operational standards are specified that must be met in or der to obtain an adult - oriented business permit. Staff is proposing the following modifications to certain operational requirements as follows:
• The exemption threshold for retail businesses that sell a limited quantity of adult products and materials has been increased to 20% of the floor area or 300 square feet, whichever is less. Stores that carry less than the threshold level are not required to obtain an adult -oriented business permit and are not subject to the locational or separation distance requirements. This change is being offered based on local practice and a comparison with other jurisdictions. • Parking requirements have been deleted and a reference is provided to the standard parking requirements contained in the Palm Springs Zoning Code (PSMC).
• Special events that require the provision of additional parking may be permissible upon approval of a Land Use Permit.
• A security plan will be required for Adult Entertainment Establishments and Adult Sex Venues; it is intended that the security plan be developed in partnership with the Palm Springs Police Department, and that the plan address the safety of patrons at such facilities. This requirement is intended to replace the current requirement that all adult businesses provide camera equipment to recor d and monitor all parking lot areas, and that they maintain sightlines in all public indoor areas. Due to the vast differences between the types and configurations of adult businesses, it is recommended that a security plan be tailored to the specific use and floor plan.
• The limitation restricting visibility of adult merchandise or images has been reworded to clarify that any such merchandise shall not be visible from adjacent public rights-of-way.
• Operating hour limitations have been modified so that closure is required between 2:00 a.m. and 6:00 a.m. (the current limitation is from 1:00 a.m. to 9:00 a.m.). This limitation does not apply to Adult Hotel/Motel use or the Adult Sex Venue use. • The specific requirements relative to the configuration of restroom facilities has been removed; adult businesses will be subject to the same restroom requirements as is applicable to all commercial businesses. • The specific outdoor lighting requirements for adult businesses has been removed. The City adopted standard outdoor lighting requirements for commercial and industrial uses in 2014; adult businesses will be subject to these lighting requirements, just as would apply to other commercial and industrial businesses. • Requirements relative to the specific interior configuration of adult businesses have been removed, based on a review of standards adopted by other jurisdictions.
Item 3E - Page 5
City Council Staff Report
November 10, 2022 -- Page 6
Adult-Oriented Businesses/Public Nudity
• A reference to the City’s noise ordinance has been updated to reflect current code requirements.
• Health standards have been added for Adult Sex Venues, based on measures adopted by Los Angeles and San Francisco.
Approval process:
Adult -oriented businesses in the City of Palm Springs are currently permitted by right in the zone districts where permissible, and do not require a public hearing process. Applicants must obtain an Adult -Oriented Business Permit and a business license, both of which are issued by Finance Department staff. The Finance Department consults with Planning staff to verify that zoning and separation distance requirements are met. It is standard practice by local jurisdictions to allow such uses by right without a public hearing or public meeting requirement, and no change to the approval process is being proposed.
Other Considerations:
An issue for future consideration is relative to the issuance of day passes or special events at Adult Hotel/Motel facilities, Clothing Optional Hotel/Motel facilities, and all other hotel uses. As this issue is beyond the scope of the adult-oriented business ordinance, it is recommended that staff come forward at a future date with a proposal to address special events/day passes at hotel facilities.
STAFF ANALYSIS – PUBLIC NUDITY:
Palm Springs Municipal Code (PSMC) Chapter 11.10 prohibits public nudity. This prohibition extends from the exposure of a person’s genitals during a commercial activity, to sunbathing nude in a public place, to being nude on private property (including, arguably within one’s home) where that nude person can be seen from the street.
However, State law regulates certain types of nudity when such nudity is considered “indecent”. Specifically, Penal Code section 314 prohibits persons from willfully exposing one’s naked body or genitals in a public place to others who would be offended or annoyed by it. However, this prohibition is not necessarily the same as banning public nudity. As one court has explained, “Absent additional conduct intentionally directing attention to his genitals for sexual purposes, a person, as here, who simply sunbathes in the nud e on an isolated beach does not ‘lewdly’ expose his private parts within the meaning of [Penal Code] section 314.” (Eckle v. David
, (1975) 51 Cal.App.3d 831.)
As such, while cities are authorized to regulate and prohibit basic nudity, the City is not required to prohibit nudity. Therefore, it would be within the City’s legislative authority to remove Chapter 11.10, should the Council wish to do so. Another alternative would be to limit the scope of the City’s current nudity ban. For instance, the City Council might wish to remove the ban on public nudity on private property.
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City Council Staff Report
November 10, 2022 -- Page 7
Adult-Oriented Businesses/Public Nudity
ENVIRONMENTAL ASSESSMENT:
The proposed Ordinance is not subject to the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.) pursuant to Sectio n 15060(c)(2) of the State Guidelines, because the text amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines.
REVIEWED BY:
Deputy City Manager: Flinn Fagg
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan
ATTACHMENTS:
A. Draft Ordinance
B. Comparison Tables – Regulated Uses
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ATTACHMENT A
Item 3E - Page 8
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77
OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO
ADULT-ORIENTED BUSINESS REGULATIONS, AND A
REPEAL OF CHAPTER 11.10 RELATING TO PUBLIC
NUDITY.
City Attorney’s Summary
The proposed ordinance will update the City’s regulations pertaining to adult -oriented business uses, including
definitions of adult use categories, minor revisions to operational procedures, separation requirements, and safety requirements. In addition, the ordinance will repeal Palm Springs Municipal Code Chapter 11.10, relating to public nudity regulations.
A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter; and
B.
Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm Springs City Council has the power to adopt and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may b provided in the City’s charter and in the Constitutions of the State of California and the United States; and
C. I n accordance with the City’s above- referenced charter city authority, the City Council wishes to amend its Municipal Code provisions regarding adult -oriented businesses and public nudity; and
D.
The City Council has carefully reviewed and considered all of the evidence presented in connection with the public meeting on the ordinance, including, but not limited to, the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1
. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.
SECTION 2. Rescind and replace Chapter 5.77 of the Palm Springs Municipal Item 3E - Page 9
Ordinance No. _____
Code as follows:
Chapter 5.77 ADULT-ORIENTED BUSINESSES
5.77.055 Intent.
(a) The intent of this chapter is to regulate adult-oriented businesses which, because of their very nature, are believed to have any of the recognized significant secondary effects on the community which include, but are not limited to:
depreciated property values and increased vacancies in residential and commercial areas in the vicinity of the adult -oriented businesses; higher crime rates, noise, debris or vandalism in the vicinity of adult -oriented businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to insure ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult -oriented businesses. It is neither the intent, nor effect of this section to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor effect of this section to restrict or deny access by adults to sexually oriented materials or merchandise protected by the First Amendment, or to deny access by the distributors or exhibitors of adult - oriented businesses to their intended market.
(b) Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
5.77.010 Definitions.
“Adjacent” means directly abutting, having a boundary or property line(s) in common or bordering directly, contiguous to, or directly across a public right-of-way. “Adult bookstore” means any establishment, which as a regular and substantial course of conduct, displays and/or distributes sexually oriented material and/or merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts. (See “Adult oriented business” for definition of regular and substantial portion of its business.) “Adult cabaret” means a nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or Item 3E - Page 10
Ordinance No. _____
other oral, written or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
“Adult entertainment establishment” means a bar, lounge, nightclub, movie theater, live theater, or similar establishment which features as a regular and substantial course of conduct, any type of live entertainment, films, or other oral or visual representations which are distinguished or characterized by an emphasis on or relating to specified sexual activities or specified anatomical parts (see “Adult-Oriented Business” for a definition of regular and substantial portion of its business).
“Adult hotel/motel” means a motel ,or hotel or similar commercial establishment which:
(1) Offers public accommodations, for any form of consideration, which provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical parts and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off -premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;
(2) Offers a sleeping room for rent for a period of time less than ten hours; or (3) Allows a tenant or occupant to subrent the sleeping room for a time period of less than ten hours.
“Adult model studio” means any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed or videotaped for a fee, or any other thing of value, as a consideration, compensation or gratuity for the right or opportunity to so observe the model or remain on the premises. “Adult model studio” shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq. of the Education Code.
“Adult motion picture arcade” means any business establishment or concern containing coin- or slug- operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained t o display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
Item 3E - Page 11
Ordinance No. _____
“Adult-oriented business” means any business establishment or concern which as a regular and substantial course of conduct performs as an adult entertainment establishment, adult retail establishment, adult sex venue, adult bookstore, adult theater, adult motion picture arcade, adult cabaret, stripper, adult model studio or adult hotel/motel (but not clothing optional hotel/motel); any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually -oriented merchandise or sexually -oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describi ng or relating to specified sexual activities or specified anatomical parts.
“Adult oriented business” does not include those uses or activities, the regulation of which is preempted by state law. “Adult-oriented business” shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses or employees to appear in any place in attire which does not opaquely cover specified anatomical parts. For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist:
(1) The area devoted to sexually -oriented merchandise and/or sexually - oriented material exceeds more than ten twenty percent, or two three hundred fifty square feet, whichever is less, of the total display or floor space area open to the public;
(2) The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on specified sexual activity or specified anatomical parts at least six times in any month in any given year;
(3) The business establishment or concern obtains a significant or substantial portion of its revenues from the sale, rental or lease of entert ainment, material or merchandise characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts or advertises the availability of the same; or
(4) The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products or entertainment which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
“Adult retail establishment” means any establishment, such as an adult bookstore, adult video store, adult arcade, or any similar retail use which as a regular and substantial course of conduct, displays and/or distributes sexually -oriented material and/or merchandise, including printed materials, videos, sexual devices, and similar items, which are distinguished or characterized by an emphasis on or relating to specified sexual activities or specified anatomical parts (see “Adult -Oriented Business” for a definition of Item 3E - Page 12
Ordinance No. _____
regular and substantial portion of its business).
“Adult theater” means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
“Clothing optional hotel/motel” means a non-adult hotel/motel which, in the ordinary course of business permits persons to be nude in and on those public areas of the hotel or motel property which are not visible from any public right-of-way. A clothing optional hotel shall not include any hotel or motel which provides compensation of any form or permits any person to accept compensation of any form for exposing specified anatomical parts or engaging in specified sexual activities unless the exposure of such specified anatomical parts is ancillary or incidental to the activity for which the compensation is received.
“Director” means the Planning Director of the City of Palm Springs or the City Manager’s designee.
“Live art class” means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two classes; the inst ruction is offered indoors; an instructor is present in the classroom while any participants are present; and preregistration is required at least twenty-four hours in advance of participation in the class.
“Sex club
Adult sex venue” means any establishment not primarily dedicated to providing overnight lodging accommodations, including a private club, which as a regular and substantial course of conduct permits persons to engage in specified sexual activities in any public or semipublic portion of the establishment or which provides any private room to persons more than once in a twenty-hour period in which persons are permitted to engage in specified sexual activities. For the purpose of this section, a “public or semipublic portion of an establishment” shall mean any portion of the establishment in which invitees of the establishment are permitted access and which is not let, leased or rented more than once in a twenty -hour period to persons who are entitled to exclusive use of the room. The above notwithstanding, an “
Sex club adult sex venue” is also any
place which that represents itself to any person or group of persons as a place for persons to engage in specified sexual activities.
“Sexually oriented material” means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture, film, video, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which
that are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
Item 3E - Page 13
Ordinance No. _____
“Sexually oriented merchandise” means sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which that are designed or marketed primarily for the stimulation of human genital organs or sado- masochistic activity.
“Specified anatomical parts” means:
(1) Less than completely and opaquely covered human genitals; pubic region; buttocks; or female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified sexual activities” means:
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral/anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship , any of the
following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty , pedophilia, piquerism, sapphism, zooerastia;
(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
(6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;
(7) Human excretion, urination, menstruation, vaginal or anal irrigation; (8) Striptease or the removal of clothing to the point where specified anatomical parts are not opaquely covered.
5.77.015 Permit Required.
No adult-oriented business shall be permitted to operate, engage in, conduct or carry on business within the city unless the owner of the business first obtains both an adult oriented business permit and a business license from the city of Palm Springs.
Item 3E - Page 14
Ordinance No. _____
5.77.020 Application Requirements.
(a) The property owner, or authorized agent of the property owner, is eligible to request an adult oriented business permit. A single adult-oriented business permit shall suffice for the operation of any adult oriented business within the city.
(b) The following information is required at the time an adult oriented business permit is submitted to the community development department:
(1) A completed adult oriented business permit application signed by the property owner or authorized representative;
(2) A nonrefundable deposit or fee as set forth by ordinance or resolution of the city council;
(3) A letter of justification describing the proposed project and explaining how it will comply with the findings/requirements contained in Section 5.77.030; (4) All other information as required by city of Palm Springs adult-oriented business permit information sheet.
5.77.025 Findings/Requirements.
(a) The city development services director
Director shall issue an adult -oriented
business permit within thirty days of following receipt of a complete application if it finds that:
(1) The adult-oriented business shall be located in the city’s C -M, M-1, M-1-P and M-2 zoning districts.*
(2) The adult-oriented business shall not be located within six hundred fifty feet of adjacent to any residential zone.*
(3) The adult-oriented business shall not be located within five six hundred feet of any lot upon which there is properly located a public park, school or mortuary or within five six hundred feet of any lot used by a religious institution for religious activities at least three times per week.* (4) The adult-oriented business shall not be located on any property fronting upon a major or secondary thoroughfare as defined in the general plan of the city of Palm Springs. For the purpose of this chapter, a property fronts on such a road if the property and any portion of the right -of-way for th e road have a contiguous boundary.
(5) The adult -oriented business shall not be located on property adjacent to another adult oriented business. For the purpose of this section, “adjacent property” means property with a common boundary, excluding intervening easements and rights -of-way, whether such rights -of-way are held by the city in fee or otherwise. By way of example, an adult oriented business shall not be permitted to operate at a location across the street from another adult oriented business if, but for the existence of the street, the property lines of the businesses would be contiguous.
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Ordinance No. _____
(6) The parking requirements for adult-oriented businesses shall be as follows The adult-oriented business complies with parking requirements as listed in Palm Springs Zoning Code Chapter 93.00:
Bookstores and retail
establishments
1 parking space/300 square feet of gross
floor area
Theaters 1 parking space/3 seats, if s eats are
fixed, or 1 parking space/24 square feet
of gross floor area
Cabarets 1 parking space/3 seats if seats are
fixed, or 1 parking space/35 square feet
of gross floor area
Motion picture arcade 1 parking space/individual viewing area plus 1 parking space/employee
Motel/hotel 1 parking space/guest room for first 50
rooms; .75 parking space/guest room
thereafter
(7) The adult -oriented business shall not be located completely or partially within any mobile structure or pushcart.
(8) The adult-oriented business shall not stage any special events, promotions, festivals, concerts or similar events which would increase the demand for parking beyond the approved number of spaces for the particular use , unless otherwise permitted under a Land Use Permit.
(9) The adult-oriented business shall not conduct any massage, tattooing or acupressure on the premises or operate escort services from the premises. (10) The adult -oriented business shall provide a security system that visually records and monitors all parking lot areas. All indoor areas of the adult oriented business which are accessible to the public shall be open to public view at all times with the exception of restroom facilities. “Accessible to the public” shall include but not be limited to those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization. For Adult Entertainment Establishments or Adult Sex Venues, the applicant has submitted a security plan, developed in consultation with, and approved by, the Police Department, to address patron safety at such facilities.
(11) The adult-oriented business complies with the city’s sign regulations. (12) The adult -oriented business complies with the development and design requirements of the zone in which it is to be located.
(13) The adult-oriented business shall not display any sexually-oriented material or sexually-oriented merchandise which would be visible from a ny location other than from within the adult-oriented business public rights-of-way. (14) The adult-oriented business shall not allow admittance to any person under the age of eighteen if no liquor is served, or under the age of twenty -one if liquor is served.
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Ordinance No. _____
(15) With the exclusion exception of adult-oriented hotels and adult sex venues, the adult oriented business shall not operate between the hours of one two a.m. and nine six a.m.
(16) Neither the applicant, if an individual, nor any of the officers or general partners, if a corporation or partnership, of the adult oriented business has been found guilty wit hin the past two years of a misdemeanor or felony
classified by the state as a sex-related offense and has not violated any of the provisions of an adult oriented business permit or similar permit or license in any city, county, territory or state.
(17) The adult -oriented business shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from sexually oriented materials and sexually oriented merchandise. Only one person shall be allowed in the restroom at any time, unless otherwise required by law, in which case the adult oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the restroom during operating hours. The attendant shall prevent a ny person(s) from engaging in any specified sexual activities within the restroom and shall ensure that no person of the opposite sex is permitted in the restroom.
(18) The interior of the adult oriented business shall be configured such that there is an unobstructed view of every public area of the premises, including but not limited to the interior of all individual viewing areas, from a permanent security station physically demarked in the establishment which is no larger than thirty-two square feet of floor area with no single dimension being greater than eight feet in a public portion of the establishment. No public area, including but not limited to the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two- way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area from the manager’s station. A security officer shall be stationed in the security station at all times the business is in operation or open to the public in order to enforce all rules and regulations. No individual viewing area shall be designed or operated to permit occupancy of more than one person at a time. “Individual viewing area” means any area designed for occupancy of one person for the purpose of viewing live performances, pictures, movies, videos or other presentations. (19)(17) All areas of the adult oriented business shall be illuminated at a minimum of the following foot -candles, minimally maintained and evenly distributed at ground level: The adult -oriented business complies with the outdoor lighting standards listed in Palm Springs Zoning Code Chapter 93.00.
Bookstores 20 footcandles
Retail establishments 20 footcandles
Theaters 5 footcandles except during
performances, at which times the
lighting shall be at least 1.25
footcandles
Item 3E - Page 17
Ordinance No. _____
Cabaret 5 footcandles except during
performances, at which times the
lighting shall be at least 1.25
footcandles
Motion picture arcade 10 footcandles in public areas
Individual viewing booths 1.25 footcandles
Motion picture theater 10 footcandles except during
performances at which times the lighting
shall be at least 1.25 footcandles
Motel/hotel 20 footcandles in public areas
(20) The individual viewing areas of the adult oriented business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior space of two or more individual viewing areas.
(21) A traffic study has been prepared for the adult oriented business in conformance with industry standards. The applicant shall demonstrate that the project will not result in a reduction in any roadway level of service below that level of service designated in the general plan for that roadway. (22)(18) The adult-oriented business shall comply with the noise element of the general plan, interior and exterior noise standards noise ordinance and any mitigation measures necessary to reduce the project’s noise impacts to the city’s articulated noise standard.
(23)(19) The adult-oriented business shall comply with all building and construction standards of the Uniform California Building Code, as adopted by the City of Palm Springs, Chapter 24 thereof, Title 24 of the California Code of Regulations, and all other federal, state and city-adopted standards for the specific use.
(24)(20) Whenever live entertainment is provided, patrons shall be physically separated from performers by a buffer zone of at least six feet. “Live entertainment,” for the purposes of this requirement, means any existent display by a human being which is characterized by an emphasis on specified anatomical parts or specified sexual activities. This provision shall not apply to an individual viewing area where the stage is completely separated from the individual viewing area by a floor to ceiling permanent, solid barrier.
(25) No building, premises, structure or other facility shall be permitted to contain more than one type of adult oriented business as such types of adult oriented business are defined in Section 5.77.010. For the purposes of this section, the catch- all phrase “adult oriented business” shall not be considered a single type of adult oriented business.
(26) No individual viewing area may be occupied by more than one person at any one time.
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Ordinance No. _____
(27)(21) No patron shall directly or indirectly pay or give any gratuity to any performer and no performer shall solicit or accept any gratuity from any patron.
(22) The following additional standards shall apply to Adult Sex Venues:
a. Information shall be provided to patrons relating to the risk of contracting HIV/AIDS and other sexually transmitted infections, and the methods of preventing such infections.
b. Safe sex supplies, including condoms and lubricant, shall be made available for patrons.
c. Employees shall be trained regarding the transmission of sexually transmitted infections and the means of prevention.
d. Operators shall ensure that the facility is maintained in a sanitary condition.
(b) The Director city development services director shall deny the requested permit if
the above findings have not been made.
* The distance of separation required by Findings (a) (1), (2) and (3) shall be made using a straight line, without regard to intervening structures or objects, from the nearest property line of the property on which the adult -oriented business is, or will be located, and to the nearest property lie of the protected uses described in this Subsection from the property line of the lot on which the adult oriented business shall be located to the nearest property line of the lot upon which is located a residential use, religious institution, park or school if the use from which the measurement is being taken is located on the same lot as the adult oriented business, the distance between the two shall be measured in a straight line between the front doors of each use without regard to intervening structures or objects.
5.77.030 Permit – Duration.
An adult-oriented business permit shall be valid for a period of one year from the date of issuance.
5.77.035 Permit – Renewal.
An adult-oriented business permit shall be renewed on a year-to-year basis provided that the permittee and the adult oriented business continue to meet the requirements set forth in this chapter. A request for permit renewal must be accompanied by a completed adult- oriented business permit application. If said application conforms to the previously approved application and the adult -oriented business has not changed, the permit shall be renewed by the director of planning and building
Director for another year. Any change
or alteration in the nature or operation of the adult oriented business will require the renewal to be reviewed by the
director of planning and building Director. The renewal fee for an adult -oriented business permit shall be established by ordinance or resolution of the city council.
Item 3E - Page 19
Ordinance No. _____
5.77.040 Permits – Nontransferrable – Use Specific.
No adult-oriented business permit may be sold, transferred or assigned by any permittee or by operation of law, to any other person, group, partnership, corporation or any other entity. Any such sale, transfer or assignment or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of the permit and the permit shall be thereafter null and void. An adult -oriented business permit held by a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult-oriented business from one element of an adult- oriented business to another element of an adult oriented business shall also render the permit null and void. An adult -oriented business permit shall only be valid for the exact location specified on the permit.
5.77.045 Enforcement and Revocation.
(a) Inspections. The permittee shall permit officers of the city of Palm Springs, the county of Riverside, and each of their authorized representatives to conduct unscheduled inspections of the premises of the adult -oriented business for the purpose of ensuring compliance with the law at any time the adult -oriented business is open for business or occupied.
(b) Revocation Grounds. The director of planning and building Director may revoke
an adult -oriented business permit when he or she discovers that any of the following have occurred:
(1) Any of the findings contained in Section 5.77.025 above ceases to be satisfied;
(2) The application contains incorrect, false or misleading information; (3) The applicant is convicted of any felony or mi sdemeanor which that is classified as a sex or sex-related offense, any violation of the city’s zoning ordinance, any violation of the city’s massage ordinance, or any violation of any other adult business ordinance of any other city, county, or state; (4) Individual viewing areas are being operated with more than one occupant at any one time, or are being maintained with holes, openings or other means of direct visual access between the interior space of two or more individual viewing areas. For the purpose of this section, “individual viewing area” means a viewing area designed for single occupancy; (5)(4) Any person has been convicted of a sex-related offense as a result of his or her activity on the premises of the adult-oriented business.; or (6) Any person or persons has engaged in any specified sexual activities on the premises.
(c) Revocation Notice. Upon determining that the grounds for permit revocation exist, the director of planning and building
Director shall furnish written noti ce of the
proposed revocation to the permittee. Such notice shall summarize the principal Item 3E - Page 20
Ordinance No. _____
reasons for the proposed revocation, shall state that the permittee may appeal the decision within fifteen calendar days of the posting or the post-marked date on the notice. The notice shall be delivered both by posting the notice at the location of the adult oriented business and by sending the same, certified mail, return receipt requested and postage prepaid, to the permittee as that name and address appears on the permit. Not later than fifteen calendar days after the latter of the mailing or posting of the notice, the permittee may file an appeal of the director of
planning and building’s Director’s determination with the city clerk. If the appeal is filed within fifteen calendar days of the mailing or posting of the notice referenced above, the appeal hearing shall be provided as contained in subsection (d) of this section.
(d) Appeal. Any person aggrieved by a decision of the director of planning and
building Director under this chapter may file an appeal in the manner provided in Chapter 2.05 of the Palm Springs Municipal Code, and the appeal shall be noticed, heard and decided as provided therein.
(e) Reapplication After Revocation. No person, corporation, partnership or member thereof or any other entity may obtain an adult -oriented business permit for a business once its permit has been revoked.
5.77.050 Violation – Penalty.
(a) Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee employer or operator, or whether acting as a participant or worker in any way, who operates or conducts or who par ticipates in the operation of an unpermitted adult -oriented business, or who violates any provisions of this chapter, including but not limited to any provision of Section 5.77.025, shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars for each offense or imprisoned for not more than six months in the county jail for each offense, or both. Each day the violation continues shall be regarded as a separate offense for which the full penalty may be imposed.
(b) Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult oriented business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this chapter.
5.77.055 Sex clubs prohibited.
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Ordinance No. _____
Sex clubs, as defined in Section 5.77.010, are prohibited.
SECTION 3. Repeal Chapter 11.10 of the Palm Springs Municipal Code as follows:
Chapter 11.10 PUBLIC NUDITY
11.10.010 Commercial nudity—Prohibited.
Every person is guilty of a misdemeanor who, while engaging in commercial activity:
(1) Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum or anal region; or
(2) Exposes any portion of the female breast at or below the areola thereof.
11.10.020 Commercial nudity—Permitting.
Every person is guilty of a misdemeanor who causes, permits, counsels or assists any person to commit any act prohibited by Section 11.10.010.
11.10.030 Compensation not controlling.
A person shall be deemed to be engaged in commercial activity without regard to whether such person is paid any compensation by the management of the establishment in which the activity is performed, provided that the prohibited act is performed in furtherance of the establishment’s commercial enterprise.
11.10.040 Public nudity—Prohibited.
(a) No person shall appear, bathe, sunbathe, walk, dress or undress, or ride in or on any vehicle, or be in any park, playground, public place, or on any public land or on any private property open to view from any public area or public right-of-way in such a manner that the genitals, pubic hair, buttocks, anus, anal regions, natal cleft, perineum, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view or is not covered by an opaque covering.
(b) The provisions of this section shall not apply to children under the age of ten.
(c) It shall be an infraction for any person to violate any of the provisions of this section and upon conviction thereof shall be punished as provided in Section 1.01.155 of the Palm Springs Municipal Code.
11.10.050 Exemption.
Item 3E - Page 22
Ordinance No. _____
The provisions of this chapter shall not apply to actors, dancers, and other entertainers actually engaged in a lawful performance.
SECTION 4. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
SECTION 5. The proposed ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State Guidelines.
SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, _________.
LISA MIDDLETON
MAYOR
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 3E - Page 23
Ordinance No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Item 3E - Page 24
ATTACHMENT B
Item 3E - Page 25
ATTACHMENT B
COMPARISON TABLES
Comparison: Zone Districts Where Permissible – City of Palm Springs Use P CBD CDN CSC C-1 C-1AA C-2 HC C-M M-1-P M-1 M-2 E-I A Adult-Oriented Business -- -- -- -- -- -- -- -- P P P P -- -- Alcohol Use – Nightclub/Bars -- CUP CUP CUP CUP CUP CUP CUP CUP1 CUP1 CUP1 CUP -- -- Alcohol Use – Liquor Stores -- CUP -- -- CUP CUP CUP CUP CUP -- -- -- -- -- Cannabis Dispensary/Lounge -- P -- -- P -- P P P P P P -- P 1Cannot be closer than 300 feet to a residential zone, church, or mortuary.
Key: CUP = Conditional Use Permit; P = Permitted
Comparison: Adult-Oriented Business Separation Distance Requirements vs. Regulated Uses (Palm Springs) Use Separation from Similar Use Separation from Residential Separation from Protected Uses Adult-Oriented Business Shall not be adjacent to or across the street from another adult business 650 feet 500 feet
Alcohol Use – Nightclubs/Bars No separation required No separation required No separation required Alcohol Use – Liquor Stores No separation required No separation required No separation required Cannabis Dispensary/Lounge 500 feet No separation required 600 feet
Comparison: Adult-Oriented Business Separation Distance Requirements – Palm Springs vs. Other Jurisdictions Use Separation from Similar Use Separation from Residential Separation from Protected Uses Palm Springs Shall not be adjacent to or across the
street from another adult business 650 feet 500 feet
Los Angeles 1,000 feet 500 feet 500 feet
San Diego 1,000 feet 1,000 feet 1,000 feet
San Francisco 1,000 feet2 No separation required No separation required 2No separation distance required between Adult Sex Venue facilities.
Item 3E - Page 26