Cornices, canopies, eaves, shed-roof eaves, belt courses, sills, balconies, unenclosed stairways, chimneys, wind walls and other similar architectural features may extend or project into a required front yard or into a courtyard not more than four feet, and may extend into a required side or rear yard not more than four inches for each one foot of width of such required side or rear yard.

Pedestrian entry features which encompass an area no greater than 60 square feet, and do not provide usable interior space, may extend or project into a required front yard not more than eight feet.

No swimming pool equipment pit shall be located closer than two feet from any property line nor within any public utility easement. In no case shall any access opening to the equipment pit be closer than five feet to any property line. Swimming pool equipment installed at grade shall be subject to the locational requirements in subsection (G) below.

No swimming pool shall have its water perimeter closer than five feet from any front property line, or closer than three feet from any side or rear property line. Swimming pools and any associated formwork shall not be located within any public utility easement.

No courts shall be allowed within any yard or setback area.

A six-foot-high solid masonry wall shall be installed on the property line between the court and adjacent property. Landscape, which screens the court fence, shall be installed within the setback area.

The height of any court fence shall not exceed 10 feet above the court surface.

The surface level of the court shall be established at the lowest elevation of the natural terrain or lower.

Plans and minor architectural approval application, including plot plan, grading plan, landscape plan, shall be submitted to the department for approval pursuant to Section 94.04.00. Courts located in hillside areas, as defined in Section 93.13.00, shall be reviewed by the planning commission. For all other locations, the director may approve proposed courts.

Night lighting of courts may be allowed under conditional use permit approval by the planning commission in accordance with Section 94.02.00; and provided, the above-listed conditions (subsections (A)(1)(a) through (A)(1)(e) of this section) have been met. In addition, the following development standards shall be complied with:

No courts shall be allowed within any yard or setback area.

No more than 30 percent of the requirement for usable landscaped open space and outdoor living and recreation shall be devoted to tennis court development.

A six-foot-high solid masonry wall shall be installed on the property line between the tennis court and adjacent property. Landscape, which screens the court fence, shall be installed within the setback area.

The height of any court fence shall not exceed 10 feet above the court surface.

The surface level of the court shall be established at the lowest elevation of the natural terrain or lower.

Any proposed or existing development proposing courts shall require architectural approval of the total site by the planning commission pursuant to Section 94.04.00. Plans, including plot plan, grading plan, landscape plan, lighting diagram, light specification, neighboring, property diagram, and application, shall be submitted to the department. Where an existing development is proposing to add a court(s), a minor architectural approval application shall be filed.

Night lighting fixtures of courts must maintain a 60-foot setback from property lines. In addition, the following development standards shall be complied with:

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

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

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

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

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

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

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

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

Upon construction of any main building;

Upon establishment of any off-street parking;

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

Provision of Off-Street Parking.

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

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

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

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

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

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

Exceptions.

Single- or Multiple-family Dwellings and Hotels.

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

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

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

Other Uses.

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

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

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

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

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

In-Lieu Payments.

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

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

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

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

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

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

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

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

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

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

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

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

Graded for Adequate Drainage.

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

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

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

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

Parking Lot Shading.

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

Landscaped Planters and Perimeter Treatment.

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

Labeling the Plant Material.

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

Irrigation System.

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

Outpatient Units and Facilities.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

See Section 92.09.04(A) for requirements.

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

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

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

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

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

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

Single-family Homes.

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

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

Apartments.

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

Rooming, Boarding and Fraternity Houses.

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

Restaurants in Large Mixed-use Commercial Complexes.

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

Note.

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

Day Nurseries.

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

Elementary and Intermediate.

One space for each employee.

High Schools.

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

Colleges.

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

Trade Schools and Business Colleges.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Upon receipt of application, a written notice shall be mailed to all adjacent property owners informing property owners that an application for hillside development has been filed and that said application and associated plans are available for public inspection at the Department.

The Planning Commission or Architectural Review Committee, as applicable, shall hold at least one public meeting to review and consider the proposed application. At least 10 days prior to this meeting, a public meeting notice shall be mailed to all adjacent property owners and any members of the public who request notification.

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

Minor remodels and/or additions to the exterior of a building, site plan, grading, landscape, exterior lighting or additions which do not exceed 500 square feet, do not increase building height, do not involve substantial new grading, and do not substantially alter the appearance of the subject property. Minor remodels and additions may be approved by the Director or designee. Notice to adjacent properties may be required pursuant to Section 93.13.00(B)(1)(b) above.

Appeal of Director of Planning Services Decisions. The action of the director of planning services shall be final unless appealed to the planning commission within 15 working days The appeal shall be in writing and, upon receipt and filing of appropriate appeal fee, the director of planning services shall schedule the application for the next regular meeting of the planning commission. The action of the planning commission shall be final unless appealed to the city council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.

Architectural approval as governed by Section 94.04.00 of the Zoning Code. Such architectural approval shall consider, but shall not be limited to, the following:

And such other conditions that will make possible the development of the city in an orderly and efficient manner in conformity with the intent and purposes set forth in this Zoning Code.

Improvements.

Improvements.

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

A grading plan shall be submitted as a part of the application for Development Permit or Architectural Review approval for hillside development. A preliminary grading plan shall be filed in compliance with the procedure set forth in Chapter 9.64 of the Palm Springs Municipal Code.

No dirt or rock shall be allowed to be used for fill except in those locations approved by the excavation plan. Excess dirt or rock shall be carried to a disposal area designated on the grading plan or to an approved off-site location.

That a minimum 24 foot travel way is provided. Additional improvements such as passing lanes, turning lanes, and traffic calming devices may be required. Alternative street sections may be considered provided adequate access and maneuvering area is provided for emergency response vehicles and waste disposal vehicles;

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

That the street section can adequately convey storm drainage or that alternative storm drainage facilities are provided to adequately convey storm drainage. Curbs and gutters, or alternative facilities to convey storm flows may be required. Edge of pavement, where curb and gutter is not required, shall be protected by a flat curb section to be approved by the director of public works. Where curb and gutter are required to convey storm drainage, the city may consider wedge curbs, six inch PCC curbs, eight inch PCC curbs, or alternative designs which ensure that the public health, safety, and welfare is protected;

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

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

That parkways, parking areas, and other improvements are adequately improved and maintained to ensure that the public health, safety, and welfare are ensured for the life of the project;

That roadways shall provide adequate access for emergency equipment and that the fire department may require upgraded fire protection systems both on and offsite to ensure the public health, safety, and welfare.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Disposition.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Intersections in residential districts;

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

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

All intersections in commercial and industrial districts;

Bus stops;

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

Minimum footcandles shall be 1.0 foot-candle.

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

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

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

Minimum footcandles shall be 2.0 foot-candle.

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

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

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

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

Barber and beauty shops,

Dwellings for owner and/or managers and staff,

Food markets,

Golf courses,

Indoor and outdoor recreational facilities,

Laundry,

Office,

Personal services including showers and restrooms,

Restaurants, including dancing and alcoholic beverage sales,

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

General Provisions.

Front Yard.

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

Side and Rear Yards.

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

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

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

All required yards to be landscaped and maintained.

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

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

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

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

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

Each recreational vehicle space shall be provided with electrical service.

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

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

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

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

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

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

Each recreational vehicle space shall front on an access road.

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

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

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

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

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

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

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

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

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

Management Storage.

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

Length of Occupancy.

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

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

Toilets shall be of a water flushing type.

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

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

Laundry Facilities.

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

Trailer Sanitation Station.

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

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

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

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

Additional landscaping may be required within the storage yard.

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

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

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

Storage of trucks and other vehicles;

Storage of materials, inventory, tools and machinery;

Offices and maintenance shop structures;

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

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

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

Cogeneration facilities;

Solar collectors and photovoltaic panels;

Energy storage facilities;

Natural gas-fueled generation facilities.

Physical dimensions of the property,

Location and physical dimensions of existing and proposed structures,

Location of electrical lines and facilities,

Existing topography,

Proposed grading and removal of natural vegetation,

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

Setbacks,

Circulation,

Ingress and egress,

Utilization of the property under the requested permit;

No commercial WECS shall exceed 500 feet in height, measured at the top of the blade in the "twelve o'clock position." Where unusual conditions warrant, a lower height limit may be imposed as a condition of a conditional use permit.

No other building or structure shall exceed 30 feet in height, except for meteorological towers permitted by Subsection (C,2) of this section.

No building or structure shall be located closer than 50 feet from any lot line.

No WECS shall be located closer than 1,200 feet from any residence, hotel, hospital, school, library or convalescent home unless the owner of such structure waives, in writing, the setback requirement.

Notwithstanding the 1,200 foot setback requirement specified in subsection (E,2) ("Setbacks") of this section, a lesser setback may be permitted where due to factors of topography or the characteristics of the proposed WECS project, the approving entity finds that the noise, aesthetic or other environmental impacts of the project on adjacent properties will not be any more significant than if the 1,200 foot setback were applied. In the case of the replacement of WECS, pursuant to subsection (F,3) ("Replacement") of this section, the standard for determining whether a reduction shall be approved is whether the replacement WECS will have a substantially reduced cumulative impact on surrounding property, as compared to the existing project, and whether adhering to the 1,200 foot setback will be an unreasonable economic hardship to the applicant. Wherever a setback reduction is proposed pursuant to this subsection, the setback reduction shall be included in all notices, and, if the WECS permit shall specifically state the required setback.

No commercial WECS shall be located where the center of the tower is within a distance of 1.1 times the total WECS height from any above-ground electrical transmission line of more than 12 kV.

No commercial WECS shall be located where the center of the tower is within a distance of 1.1 times the total WECS height from any public highway or road, railroad or off-site building. The setback herein specified shall be measured from the boundary of the public right-of-way or railroad right-of-way.

No commercial WECS shall be located where the center of the tower is within a distance of 1.1 times the total WECS height from any lot line. No commercial WECS shall be located where the center of the tower is within 500 feet or 1.1 times the total WECS height from any lot line of a lot which contains a dwelling, whichever is greater.

Notwithstanding the provisions of subsections (E,3,b) and (E,3,c) ("Safety Setbacks") of this section, the setbacks therein specified may be reduced to less than 1.1 times the total WECS height if the planning commission determines that the topography of, or other conditions related to, the adjacent property or right-of-way eliminates or substantially reduces the potential safety hazards. Whenever a setback reduction is proposed pursuant to this subsection, the setback reduction shall be included in all notices regarding the conditional use permit, and, if granted, the conditional use permit shall specifically state the required setback.

No commercial WECS shall be located where the center of the tower is within a distance of five rotor diameters from a lot line that is perpendicular to and downwind of, or within 45 degrees of perpendicular to and downwind of, the dominant wind direction.

Notwithstanding the provisions of subsection (4,a) (Wind access setbacks) of this section, such setbacks from lot lines do not apply if the application is accompanied by a legally enforceable agreement or waiver for a period of 25 years or the life of the permit that the adjacent landowner agrees to the elimination of the setback, or if the planning commission determines that the characteristics of the downwind property eliminate the ability to develop said downwind property with commercial WECS.

No commercial WECS shall be located where the center of the tower is within 1,315 feet (one-quarter (¼) mile) of State Highway 62 and of that portion of Interstate 10 between State Highway 62 and the Whitewater River, commonly known as the Whitewater Grade.

No commercial WECS shall be located where the center of the tower is within 500 feet of Indian Canyon Drive/Indian Avenue.

No commercial WECS shall be located where the center of the tower is within 500 feet of Interstate 10, except as specified in subsection (5,a) ("Scenic Setbacks") of this section.

No commercial WECS shall be located where the center of the tower is within 3,472 feet (2/3 mile) of State Highway 111.

No commercial WECS shall be permitted south of State Highway 111.

No commercial WECS shall be located where the center of the tower is within 1.1 times the total WECS height from Dillon Road.

The setbacks specified in the subsections above shall be measured from the nearest boundary of the public right-of-way.

Notwithstanding the provisions of the subsections (5) ("Scenic Setbacks") of this section, the setbacks therein specified may be reduced if the planning commission determines that the characteristics of the surrounding property eliminate or substantially reduce considerations of scenic value. Whenever a setback reduction is proposed pursuant to this subsection, the setback reduction shall be included in all notices regarding the conditional use permit, and, if granted, the conditional use permit shall specifically state the required setback.

Fencing, or other appropriate measures, shall be required to prevent unauthorized access to the WECS or WECS array.

Guy wires shall be distinctly marked.

Signs in English and Spanish warning of the electrical and other hazards associated with the WECS shall be posted at the base of each tower and at reasonable intervals on fences or barriers.

Horizontal-axis WECS.

The lowest extension of the rotor of a horizontal-axis WECS shall be at least 25 feet from the ground.

Vertical-axis WECS.

A fence or other barrier shall be erected around a vertical-axis WECS whose rotors are less than 15 feet from the ground.

All WECS shall comply with the requirements of the applicable seismic zone of the Uniform Building Code or with the seismic design recommendation in an approved geotechnical report on the project.

Control facilities for commercial WECS or WECS arrays shall not be located within 660 feet of any fault within a state-designated Alquist-Priolo Act Special Studies Zone.

Fireproof or fire-resistant building materials;

Buffers of fire-retardant landscaping;

An automatic fire-extinguishing system;

Fire breaks.

Whenever any existing commercial WECS are modified, or any new commercial WECS are installed, any commercial WECS on the site which are unsafe, inoperable or abandoned or for which the permit has expired shall be removed by the owner or brought into compliance with the provisions of this section. All safety hazards created by the installation and operation of the WECS shall be eliminated. Whenever the operation of any WECS is eliminated, the site shall be restored to its condition prior to installation. A bond, in an amount approved by the Director, or other appropriate form of security, in a form approved by the city attorney, may be required to cover the cost of removal and site restoration.

Every unsafe or inoperable commercial WECS and every commercial WECS which has not generated power for 12 consecutive months is declared to be a public nuisance which shall be abated by repair, rehabilitation, demolition or removal. The appropriate abatement method shall be determined by the Director based upon the cost of abatement and the degree to which the WECS will meet the requirements of this section following abatement. A commercial WECS which has not generated power for 12 consecutive months shall not be considered a public nuisance; provided, the owner can demonstrate that modernization, rebuilding or repairs are in progress or planned and that a good faith effort is being made to return the WECS to service at the earliest practical date. If a commercial WECS does not deliver power as a result of a curtailment whereby power is not accepted by the contracted utility, the period of curtailment shall be added to the minimum period defined above.

The foundation, tower and compatibility of the tower with the rotor and rotor-related equipment shall be certified in writing by a structural engineer registered in California that they conform with good engineering practices and comply with the appropriate provisions of the Uniform Building Code that have been adopted by the city.

The electrical system shall be certified in writing by an electrical engineer, registered in California, that it conforms with good engineering practices and complies with appropriate provisions of the National Electrical Code that have been adopted by the city.

The rotor overspeed control system shall be certified in writing by a mechanical engineer, registered in any state, that it conforms to good engineering practices.

To the extent economically prudent, as determined by the planning commission, electrical distribution lines on the project site shall be undergrounded up to the low voltage side of the step-up transformer or to the utility interface point of an on-site substation.

Any electrical distribution line of less than 34 kV, not subject to the jurisdiction of the California Public Utilities Commission, which is located within one mile of State Highways 62 and 111, or within one mile of the portion of Interstate 10 commonly known as the Whitewater Grade (between State Highway 62 and the Whitewater River) shall be installed underground if such installation is feasible, as determined by the Director.

Electrical distribution lines shall be governed by the latest edition of "Suggested Practices for Raptor Protection on Powerlines" on file with the Bureau of Land Management. Use of this information should be made to design the proposed facilities with proper grounding, phase spacing and configuration such that it will prevent, to the best of the design engineer's ability, the electrocution of raptors. The use of designs other than those included in "Suggested Practices" that are, in the opinion of the Director, raptor safe, shall be permitted in public rights-of-way. The cost of such alternate designs shall be at the applicant's expense.

Upon reasonable notice, and subject to the applicant's safety and security procedures, city officials or their designated representatives may enter a lot on which a conditional use permit has been granted for the purpose of monitoring noise and other environmental impacts. Twenty-four hours advance notice shall be deemed reasonable notice.

The holder of a conditional use permit shall report to the Department all dead birds found within 500 feet of a WECS and all sightings of the Coachella Valley Fringe-Toed Lizard on the WECS site.

The holder of a conditional use permit may be required to submit periodic monitoring reports containing data on the operations and environmental impacts.

A toll-free telephone number shall be maintained for each commercial WECS project and shall be distributed to surrounding property owners to facilitate the reporting of noise irregularities and equipment malfunctions.

Individual commercial WECS which have been installed pursuant to a conditional use, or other WECS, permit may be replaced with approval of a land use permit provided the replacement WECS meets all of the following:

WECS arrays which have been installed pursuant to a conditional use, or other WECS, permit may be replaced with approval of a land use permit; provided, two or more individual WECS shall be removed for each replacement WECS installed and the replacement WECS array meets all of the following:

WECS replacements not meeting the criteria above require approval of a subsequent conditional use permit.

Any WECS on which the cost of alteration, restoration, repair or rebuilding in a 12 month period exceeds 75% of the replacement cost and shall be subject to subsections (E,3,a) through (E,3,c) ("Safety Setbacks") of this section.

Existing WECS, upon adoption of this section, shall be considered to hold a valid conditional use permit under the conditions by which such WECS was originally approved; such WECS shall not be considered nonconforming by virtue of the provisions of this section.

Notice shall be mailed to the record owner and lessee of the subject property not less than 20 days prior to holding a public hearing. Such notice shall state the complaint and shall request appearance of such owner and lessee at the time and place specified for the hearing to show cause why the permit should not be revoked.

Notification of property owners shall be given as provided in Section 94.02.00(B)(4).

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

Maximum Allowable Dimensions.

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

Height and Placement Limitations.

The following limitations shall apply to broadcast receiving antennas in all areas in the city of Palm Springs:

Permissible Types.

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

Maximum Allowable Dimensions.

Dimensions of the several allowable types of communications antennas shall be limited as follows:

Height and Placement Limitations.

The following limitations shall apply to the several allowable types of communications antennas in the indicated areas of the city of Palm Springs: