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ATTACHMENT A
Ordinance
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ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING SECTION
11.82.130(j)(1) OF THE PALM SPRINGS MUNICIPAL CODE
REGARDING VEHICLE STORAGE FACILITIES FOR NON-
CONSENSUAL TOWS
City Attorney’s Summary
This Ordinance amends Section 11.82.130(j)(1) in order to modify the location requirements for vehicle storage facilities.
WHEREAS, the City of Palm Springs, through its Police Department, is sometimes called upon to arrange for the towing of vehicles, for instance, when the owner/operator is arrested, detained, incapacitated, or physically unable to drive the vehicle (aka a “non- consensual tow”); and
WHEREAS, the City Council has adopted Chapter 11.82 of the Palm Springs Municipal Code, providing for a process for obtaining such non-consensual tow services from private tow operators, in order to, among other things, ensure that towing services are prompt, reasonably priced, and in the best interest of the public as well as the interest of efficient policing operations for the removal of vehicles from public streets; and WHEREAS, the City Council has determined that the current code, which requires tow facilities to be located within the corporate boundaries of the City has resulted in reduced completion, and therefore desires to modify the location requirements for vehicle storage facilities.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as material findings in support of this Ordinance.
SECTION 2. Amendment of Section 11.82.130(j)(1). Subdivision (j)(1) of Section
11.82.130 of Chapter 11.82 of Title 11 of the Palm Springs Municipal Code, is hereby amended to read as follows:
“(j) Official police tow service shall have a secure and environmentally safe vehicle storage facility with a minimum of fifteen thousand usable square feet.
(1) The vehicle storage facility must be located in or within ten (10) miles of the corporate city limits of the city of Palm Springs. For purposes of measuring the ten (10) miles, distance shall be measured in driving distance.
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5 SECTION 3. CEQA. Based upon the whole of the administrative record before it, the City Council hereby finds that the amendment to the location requirements for vehicle storage facilities is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) sections 15061(b)(3), and 15378(b)(5). Adoption of this Ordinance is an organizational and administrative activity of the City, does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§ 15061(b)(3); 15378(b)(5).) Staff is hereby directed to prepare, execute and file with the Riverside County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of this Ordinance.
SECTION 4. Severability. 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. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.
SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause a summary of the same to be published in the official newspaper of the City of Palm Springs within fifteen (15) days following its adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, 2026.
NAOMI SOTO
MAYOR
ATTEST:
BRENDA PREE, MMC
CITY CLERK
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Ordinance No. _____
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5 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 ______________, 2026.
BRENDA PREE, MMC
CITY CLERK