HomeMy WebLinkAboutZOA /CZ 17-105 ZONING MAP CHANGES - City Of Palm Desert / Department of Community Development
CHANGE OF ZONE APPLICATION
73-510 Fred Waring Drive • Palm Desert • California • 92260• (760) 346-0611 • Fax (760) 776-6417
Applicant: I
oP P��w, pew4 Telephone:
Mailing Address: Fax number:
City: aw4z- State. CA- Zip: 'zua Email:
Property Owner:
Telephone:
Mailing Address: Fax number:
City: State: Zip: Email:
Representative:
Telephone:
Mailing Address: Fax number:
City: State: Zip: Email:
Please send correspondence to (check one): Applicant Property Owner Representative
Project Address(s):
Assessor Parcel Number(s):
Existing Zoning: General Plan Designation:
Proposed Zoning: ,
REQUEST(Describe the nature of approval requested):
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Property Owner Authorization: The undersigned states that they are the owner(s) of the property described and
herein give authorization for the filing of the application.
Signature Print Name Date
Applicant / Representative Signature: By signing this application I certify that the information provided is accurate. I
understand that the City might not approve what I am applying for and/or might require conditions of approval.
Signature Print Name Date
OFFICE USE ONLY
PROJECT NO: C/Z 7-06 I?10.5 DATE: 6VAk
ACCEPTED BY: ��
City of Palm Desert
Change of Zone Application
I. PURPOSE:
The zoning map may be amended by changing the boundaries of any district in accordance with the
procedures described in Section 25.84 of the Palm Desert Municipal Code. Staff will investigate the request,
prepare a report and recommendation, publishes legal notices, and notifies the applicant and adjacent
property owners of the public hearings. Since a public hearing is required before the Planning Commission
as well as the City Council, and since the zoning map can only be amended by ordinance, the average
review period for a change of zone application is eight (8) to fourteen (14) weeks. If the Planning
Commission denies a request, the applicant may appeal the case within 15 days before the City Council. If
denied by the City Council, no similar change of zone application may be filed for one(1)year after the date
of denial.
II. SUBMITTAL REQUIREMENTS:
1. Complete application form filled out with required signatures.
2. Any and all required plans and exhibits as described in the application.
ll. PROCEDURE:
1. Applicant to submit complete application to the Department of Community Development for staff review. Staff
will investigate the request, prepare a staff report with a recommendation, publish legal notices, and notify the
applicant and adjacent property owners of the public hearings at Planning Commission and City Council.
2. The proposed change of zone will be presented to the Planning Commission, typically within 6-10 weeks from
the time is submitted to staff. Some cases may take longer.
3. The proposed change of zone will then be presented to the City Council for final approval, typically within 4-6
weeks from the Planning Commission decision.
Ill. SUPPORTING DATE:
1. Name of Applicant:
2. This request is made for property described as(exact legal description):
3. Total area of site:
(if more than one zone requested, give subtotal for each)
4. Existing Zoning:
5. Proposed Zoning:
6. General Plan Designation:
7. Assessor's Parcel No.:
8. The property is located at:
(street address)
9. Between and
(street) (street)
2
City of Palm Desert
Change of Zone Application
10. The present use of this property is:
11. The applicant offers the following reasons to justify the request for a Change of Zone:
3
R
City of Palm Desert
Change of Zone Application
OWNER AND/OR OWNER'S AUTHORIZED AGENT
AFFIDAVIT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM DESERT )
I, (we), being duly sworn
depose and declare to the best of knowledge that the
(my/our)
foregoing is true and correct under the penalty of perjury:
EXECUTED AT:
(CITY) (STATE)
DATE:
(MONTH) (DAY) (YEAR)
APPLICANT, OWNER AND/OR OWNER'S AUTHORIZED AGENT:
(Print Name)
(Signature)
(Mailing Address)
(City, State and Zip)
(Area Code)Telephone Number
4
ORDINANCE NO. 1325
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA APPROVING CHANGES TO THE CITY'S
ZONING MAP TO BE CONSISTENT WITH THE GENERAL PLAN.
CASE NO. CZ 17-105
WHEREAS, on November 10, 2016, the City Council of the City of Palm Desert
adopted a comprehensive General Plan update setting forth a 20-30 year vision and guiding
document for development of the City; and
WHEREAS, the adopted General Plan contains new land use designations that allow
for greater building height, mixed-use, and emphasis on connectivity between residential and
commercial land use; and
WHEREAS, in order to be consistent with the vision of the General Plan land use
designations comprehensive changes are required to the City's Zoning Map; and
WHEREAS, of the City of Palm Desert, California ("City Council") did on the 221h day of
June, 2017, hold a duly noticed public hearing to consider the request by the City of Palm
Desert for approval of the above noted; and
WHEREAS, the City Council continued the public hearing to their July 13, 2017,
meeting to address comments raised at the public hearing; and
WHEREAS, on the 13'h day of July, 2017, the City Council re-opened the public
hearing and considered changes to the City's Zoning Map and moved approval the above
noted Ordinance; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
201h day of June, 2017, hold a duly noticed public hearing and recommended approval of the
request by the City of Palm Desert of the above noted; and
WHEREAS, the City Council of the City of Palm Desert, California has determined that
the changes to the City's Zoning Map are consistent with the General Plan; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find
the following facts and reasons to exist to approve said request.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California as follows:
SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing
recitals as its findings in support of the following regulations and further finds that the
following regulations are beneficial and appropriate to protect the health, safety and welfare
of the residents and businesses of Palm Desert within the City limits.
ORDINANCE NO. 1325
SECTION 2. Adoption of changes to the Zoning Map are made to reflect the
land use designations of the adopted General Plan and the Zoning Map is
incorporated by reference as part of this Ordinance.
SECTION 3. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof.
SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this ordinance in The Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be in full
force and effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 24th day of August, 2017, by the
following vote, to wit:
AYES: JONATHAN, KELLY, NESTANDE, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
J C. HARNIK, MAYOR
ATTEST:
RA ffl-LrD. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
G1CityClrk\Gloria Sanchez\ORDINANCES\Ord No. 1325-CZ 17-105 Zoning Map.doc
ORDINANCE NO. 1324
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA APPROVING A COMPREHENSIVE ZONING
ORDINANCE AMENDMENT TO CHAPTER 25.02, 25.04, 25.10, 25.16,
25.22, AND 25.28 OF THE CITY'S ZONING ORDINANCE TO BE
CONSISTENT WITH THE GENERAL PLAN. CASE NO. ZOA 17-105
WHEREAS, on November 10, 2016, the City Council of the City of Palm Desert
adopted a comprehensive General Plan update setting forth a 20-30 year vision and guiding
document for development of the City; and
WHEREAS, the adopted General Plan contains new land use designations that allow
for greater building height, mixed-use, and emphasis on connectivity between residential and
commercial land use; and
WHEREAS, in order to be consistent with the vision of the General Plan
comprehensive changes are required to the City's Zoning Ordinance; and
WHEREAS, of the City of Palm Desert, California ("City Council") did on the 221h day of
June, 2017, hold a duly noticed public hearing to consider the request by the City of Palm
Desert, and continued the request to their meeting of July 13, 2017; and
WHEREAS, the City Council did consider changes to the zoning ordinance at their
meeting of July 13, 2017, and in accordance with suggested changes outlined in the staff
report and corresponding memorandum for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
201h day of June, 2017, hold a duly noticed public hearing and recommended approval of the
request by the City of Palm Desert of the above noted; and
WHEREAS, the City Council of the City of Palm Desert, California has determined that
the amendments to Zoning Ordinance Chapters 25.02, 25.04, 25.10, 25.16, 25.22, and 25.28
of the Palm Desert Municipal Code are consistent with the General Plan; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find
the following facts and reasons to exist to approve said request:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California as follows:
SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing
recitals as its findings in support of the following regulations and further finds that the
following regulations are beneficial and appropriate to protect the health, safety and welfare
of the residents and businesses of Palm Desert within the City limits.
SECTION 2. Adoption of amendments to Chapter 25.02 "Introductory
Provisions" of the City's Zoning Ordinance as identified in Exhibit "A" attached to
this Ordinance.
ORDINANCE NO. 1324
SECTION 3. Adoption of amendments to Chapter 25.04 "Establishment of
Zoning District" of the City's Zoning Ordinance as identified in Exhibit "B" attached
to this Ordinance.
SECTION 4. Adoption of amendments to Chapter 25.10 "Residential Districts"
of the City's Zoning Ordinance as identified in Exhibit "C" attached to this Ordinance.
SECTION 5. Adoption of amendments to Chapter 25.16 "Commercial and
Industrial Districts" of the City's Zoning Ordinance as identified in Exhibit "D"
attached to this Ordinance.
SECTION 6. Adoption of amendments to Chapter 25.22 "Special Districts: of
the City's Zoning Ordinance as identified in Exhibit "E" attached to this Ordinance.
SECTION 7. Adoption of amendments to Chapter 25.28 "Overlay Districts" of
the City's Zoning Ordinance as identified in Exhibit "F" attached to this Ordinance.
SECTION 8. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof.
SECTION 9. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this ordinance in The Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be in full
force and effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 24`h day of August, 2017, by the
following vote, to wit:
AYES: JONATHAN, KELLY, NESTANDE, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
�AN C. HARNIK, MAYOR
ATTEST:
r
R LLE D. KLASSE ITY CLERK
CITY OF PALM DESERT, CALIFORNIA
Og r 2)1:f— 9-ED l'�
G\CityClrk\Gloria Sanchez\ORDINANCE \Ord No. 1324-City Council Ordinance-Zoning Ord.doc
�!
, ORDINANCE NO. 1324
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' Exhibit A
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~ Chapter 25.02 — Introductory Provisions
Sections in This Chapte
25.02.010 Title and Purpose..................................................................................02-1
25.02.030 Scope, Interpretation, and Application...................................................O2-2
25.02.040 Administrative Responsibility.................................................................O2-3
2502050 Rules and Interpretation 02-5
25.02'010 Title and Purpose
A. Title. This title shall be known aS the Zoning Ordinance of the City.
B. Relation to the General Plan. The City Council has instituted a comprehensive
planning program in order to ensure that the anticipated growth within the City is
organizad, p|snnad, and coordinated ina manner that will not place undue burdens on
the City in its ability to provide urban aBn/ioea and facilities. This planning program has
culminated in the preparation and adoption Ofa comprehensive General Plan.
C. Fio|m of Zoning Ordinance. Chapter 12 'Worh Plan" ofthe General Plan recommends
implementation strategies to 8000nnp(iah the goals and objectives found within that
document. In order to accomplish said goals and objectives the orderly development Of
the C|ity, and the elimination of haphazard land development, is required. AnnOOg the
methods noted is regulatory Zoning Ordinance to govern the un9a of land and the
density and intensity Oydevelopment.
D. Purpose of Zoning Ordinance. The zoning regulations of the City are adopted to
protect, promote, and enhance the public health, Sofety, and general welfare, ensuring
that development within the [|ih/ is related to the City's ability to provide essential urban
services and is consistent with the Palm Desert General Plan. More specifically, these
regulations are adopted to achieve the guiding principals identified in the General Plan
and include the following objectives:
1. Relate proposals for development to the provisions and recommendations of the
City'a General Plan and ensure development is consistent with the guiding
principals of the General Plan. To meet the guiding principals development
proposals will be reviewed for their focus on: human-scale design, liveliness of
oontare, complete streeto, accessibility and oonneobvity, and quality of open
spaces.
' 2. Foster harmonious, convenient, workable and connected relationship among
land uses.
3. Ensure that public and private lands ultimately are used for the purposes which
are most appropriate and most beneficial to the City asawhole.
4. Provide population densities that support and encourage pedestrian activities^ - Such as walking and bicycling; that are connected to, and in proximity of, civic
02'1/Pa8n Chapter 25. 02 /ntrodvc ,u,y Provisions
�
ORDINANCE NO. 1324
and education uses, open spaces, and commercial and employment
opportunities.
5. Foster an environment that ensures pedestrian amenities connect the
community, are designed to accommodate pedestrians and bicyclist, and that are
convieniently located for the highest impact.
6. Forecast and plan for the City's ability to provide community facilities, utilities,
and services.
7. Ensure adequate consideration for urban design in the development process so
that new development enhances the City as it matures.
8. Provide provisions for adequate bicycle parking, off-street parking, shared
parking facilties, and off-street truck loading facilities.
9. Promote preservation of natural environmental features in the development and
use of land within the City.
10. Develop land use regulations that will encourage infill development and
redevelopment of existing sections of the City and provide for innovative
development in undeveloped areas.
25.02.030 Scope, Interpretation, and Application
A. Scope of Regulations. This title is adopted to implement the stated vision and
objectives of the General Plan of the City. To accomplish these objectives the City shall
regulate the use, location, area, and dimension of sites for development: the massing r
and height of structures, the architectural quality and appearance of buildings, uses,
structures, connectivity, signs, open space, landscaping, access and egress, off-street
parking, and other such aspects of land use which may be deemed necessary for the
public peace, health, safety, and general welfare of the people working and living within
the City.
B. Authority for Regulations. The authority for the regulations contained within this title is
based on Section 7, Article XI of the California Constitution; the provisions of the
California Planning and Zoning Law which provide for the regulation of the intensity of
land uses, and the adoption of standards for the regulation of population density; and the
police power granted to municipalities by the laws of the State.
C. Applicability and Conformity. The provisions of this title are not intended to revoke any
easements, codes, covenants, and restrictions or other existing agreements which are
more restrictive than the provisions of this title. Unless otherwise specified, existing
development is not required to comply with new regulations. Any use or development
made nonconforming by new regulations is subject to the requirements of Chapter 25.62
(Nonconforming Provisions).
D. Relation to Less Restrictive Regulations. Whenever the provisions of this title impose
more restrictive regulations upon buildings or structures and the use of them or the use
of lands or premises and require larger open spaces or yards or setbacks than are
Chapter 25. 02 Introductory Provisions 02-21 page
t
I
ORDINANCE NO. 1324
C
imposed by other ordinances, the provisions of this title or the rules or regulations
included within this title shall govern.
E. Effective in Incorporated City. The provisions of this title are declared to be in effect
upon all land within the incorporated jurisdiction of the City as exists or is hereafter
changed by annexation.
F. Relationship to Prior Ordinances. Any building for which a building permit has been
issued and is valid under the provisions of earlier ordinances of the City which are in
conflict with this title may be continued and completed in accordance with the plans and
specifications upon which the permit was issued.
G. Continuity. Notwithstanding the provisions of this chapter or any other provisions of this
title, no new or additional variance, conditional use permit, or license shall be required
for any land use heretofore authorized by the City or the County by a variance,
conditional use permit, building permit, license, or tentative or final tract map, provided
there has been substantial reliance upon the governmental entitlement mentioned in this
chapter and, provided further, that conditions thereof are complied with and that
substantial construction has begun on a portion of the project.
H. Procedure Regarding Pending Action. The repeal or substitution of any ordinance
shall not affect any prosecution which may be pending in any court for the violation of
any provision of the ordinance at time of the repeal or substitution.
I. Violation of Previous Ordinances. The substitution or repeal of any ordinance is not
deemed to ratify or legalize any violation of any provision of such ordinance nor to affect
the prosecution or punishment of any person, firm, or corporation for any act done or
committed in violation of any provision of the ordinance prior to the taking effect of this
title.
J. Conviction of Crimes Continued. Any ordinance to be repealed or substituted by this
title is deemed to continue and be in full force and effect for the purpose of prosecuting
and meeting punishment for any violation presently pending in any court.
25.02.040 Administrative Responsibility
California Government Code Section 65100 requires each jurisdiction to establish a planning
agency to carry out the land use and planning functions of the jurisdiction. The functions of the
planning agency, as designated by the title, shall be carried out by the following bodies. In the
absence of an assignment, the City Council shall retain responsibility and authority as the
legislative body of the City.
A. Zoning Administrator. The Zoning Administrator shall be appointed by the Director of
Community Development and shall have discretionary review authority over permits and
entitlements as specified in the ordinance, such as large family day care use permits,
adjustments, and administrative use permits.
B. Director of Community Development. The Director, or designee, shall have the
responsibility and authority to administer and enforce this title as follows:
02-31Page Chapter 25. 02 Introductory Provisions
ORDINANCE NO. 1324
1. Application Process. Receive and review all applications for development
pursuant to this title. Processing includes but is not limited to the certification of
completed applications, the establishment of a permanent file, posting of public
notices, collection of applicable fees, preparation of reports, processing of
appeals, and presentation of staff reports to the Architectural Review
Commission, Planning Commission, and City Council.
2. Interpretation. Interpret the provisions and advise the public on the requirements
of this title.
3. Amendment. Initiate action for amendment of this title where it is determined that
such amendment would better implement the General Plan goals and objectives
and increase its effectiveness and/or improve or clarify the contents of this title.
4. Permit issuance. Issue administrative permits, including certifications of use and
occupancy, temporary use permits, home-based business permits and other
designated permits under this title and certify that all such permits are in full
conformance with its requirements.
5. Coordination. Refer and coordinate matters related to the administration of this
title with other agencies and City departments and provide information on the
status of all development permits.
6. Authority. Serve as the administrative zoning body and exercise that authority set
forth in California Government Code Section 65900 et seq.
C. City Manager. The City Manager or designee shall oversee the work of the Director and
shall exercise such other powers and duties as are prescribed by state law or local
ordinance, or as directed by the City Council.
D. Architectural Review Commission. The City has established the Architectural Review
Commission to serve as a decision-making and advisory body with the following land
use responsibilities:
1. Hear and decide applications for entitlements as provided in this ordinance, such
as architecture and landscape design review, color changes, sign permits, and
comprehensive sign programs.
2. Hear appeals of the decision of the Zoning Administrator for design review and
signs.
3. Hear and make recommendations to the Planning Commission on applications
for precise plans, certain specific plans, certain variances, and new homes for
tentative tract map applications.
E. Planning Commission. Pursuant to California Government Code Section 65101, the
City of Palm Desert has an established Planning Commission. The Planning
Commission shall have the following land use responsibilities:
Chapter 25. 02 Introductory Provisions 02-41 Page
ORDINANCE NO. 1324
1. Hear and decide applications for entitlements as provided in this ordinance such
as use determinations, precise plans, conditional use permits, condominium
conversion permits, tentative parcel and tract maps, and variances.
2. Hear appeals of the decisions of the Zoning Administrator.
3. Initiate studies of amendments to this title and make recommendations to the
City Council for amendments as provided in this ordinance and in California
Government Code Section 65853.
4. Hear and make recommendations to the City Council on applications for specific
plans, zoning amendments (ordinance and map), the General Plan and
amendments thereto, prezonings, hillside development plans, and other related
planning studies.
5. Exercise such other powers and duties as are prescribed by state law or local
ordinance, or as directed by the City Council.
F. City Council. The City Council is the legislative body of the City and shall have the
following land use responsibilities:
1. Hear and decide all appeals.
2. Hear and decide applications for permits and entitlements as identified in this
ordinance, such as specific plans, zoning amendments (ordinance and map),
General Plan updates and amendments, prezonings, hillside development plans,
and development agreements.
3. Direct planning-related policy amendments and special studies as necessary or
desired.
4. Exercise such other powers and duties as are prescribed by state law or local
ordinance.
25.02.050 Rules and Interpretation
The Director of Community Development shall have the authority and responsibility to interpret
terms, provisions, and requirements of this code in accordance with the rules listed below.
A. Abbreviations. The following phrases, personnel, and document titles are shortened in
this code:
1. City of Palm Desert= City
2. Director of Community Development= Director
3. Zoning Administrator= ZA
4. Architectural Review Commission= ARC
5. Planning Commission = Commission
02-51Page Chapter 25. 02 Introductory Provisions
ORDINANCE NO. 1324
6. City Council = Council
7. Community Development Department= Department
B. Terminology. The following rules apply to all provisions in this code:
1. Language. The words "shall," "will," "is to," and "are to" and similar words and
phrases are always mandatory. "Should" is not mandatory but is strongly
recommended, and"may" is permissive.
2. Tense and number. The present tense includes the past and future tense, and
the future tense includes the present. The singular number includes the plural,
and plural numbers include the singular unless the natural construction of the
word indicates otherwise.
3. Conjunctions. "And" indicates that all connected items or provisions shall apply.
"Or" indicates that the connected items or provisions may apply singly or in any
combination. "Either—or" indicates that the connected items and provisions shall
apply singly but not in combination. "Includes" and "including" shall mean
"including but not limited to."
4. Number of days. Whenever a number of days are specified in this code, or in any
entitlement, condition of approval or notice issued or given as provided in this
code, the number of days shall be construed as calendar days, unless business
days are specified. Time limits will extend to the following business day when the .
last of the specified number of days falls on a day that the City is not open for
business.
C. Minimum Requirements. All provisions of this code are considered to be minimum
requirements, unless specifically stated otherwise.
D. Calculations — Rounding. Where any provision of this code requires calculation to
determine applicable requirements, any fractional/decimal results of the calculation shall
be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is
rounded down).
E. Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a use
or other item is not listed, it is not permitted unless the use is determined to be similar to
a listed use or use category.
F. Zone Boundaries. Where uncertainty exists as to the boundaries of any districts shown
on the official zoning map, the rules established under section 25.04.030 (Zoning Map)
apply.
G. Consistency of Text and Diagrams. Diagrams are provided within this code to
illustrate the requirements of the zoning code's text. In the event of conflict between the
text of this code and provided diagrams, the text shall determine the City's regulations.
H. Conflicts with other Regulations. Wherever conflict occurs between the provisions of
this title and any other provision of law, the more restrictive of any such provisions shall
apply.
Chapter 25. 02 Introductory Provisions 02-61 Page
ORDINANCE NO. 1324
Exhibit B
Chapter 25.04 — Establishment of Zoning Districts
Sections in This Chapter
25.04.010 Purpose
This chapter establishes the framework for zoning districts within the city and their relationship
to the City's General Plan land use categories. This chapter also establishes the zoning map as
the official designation of zoning district boundaries.
25.04.020 Zoning Districts
The City is divided into zoning districts that are generally grouped into six categories: (A)
residential districts, (B) commercial districts, (C) industrial districts, (D) downtown districts, (E)
special districts, and (F) overlay districts. These districts implement the Citys General Plan land
use categories as described in Table 25.04-1 (Zoning Districts). Each zone is further defined
and regulated in the subsequent sections of this chapter.
A. Residential Districts. Residential districts provide appropriately located areas for
residential living at a range of population densities onnsiStgrd with the General Plan.
Development standards are in place tO provide residential areas with sound standards Of
public health and safety, and provide space for semipublic facilities needed to
QOrnp|enl80t urban residential areas, and for institutions that require a residential
environment.
B. Commercial Districts. Commercial districts provide appropriately located areas for
retail otorea, offices, service oatab|iahnnentS, amusement establishments, and
buSinaeSea, offering commodities and services required by residents and visitors of the
City and the surrounding market area. Development standards for specific land uses are
in pieno to ensure that these areas function appropriately and are compatible with
surrounding land uses.
C. Industrial Districts. The industrial districts 8||Ow for the nnaDUf8CtUr8, d|St[iUudOO, and
service of products intended primarily for local use within Palm Desert, its sphere of
inY|ugnCB, and surrounding communities. Land uaoo permitted in industrial districts also
include research and development facilities and high-caliber technological centers.
Development standards are included to ensure that industrial uses do not conflict with
the overall character of a community and are compatible with surrounding uses.
D. Special Districts. Special districts allow for the protection of open apace and the
8Stab||oh08Ot or 8Xp8DsiOO Of public facilities or change in the use of lands owned,
leased, or otherwise controlled by governmental agencies. Certain special districts also
allow for the establishment of quasi-public institutional uses, and the reservation of areas
04'1/Page Chapter 25. o4 Establishment of Zoning Districts
y
ORDINANCE NO. 1324
for parks, public or private recreation, open space, and related governmental public
uses.
E. Downtown Districts. The downtown district is intended for the development of high
intensity multi-story (3-5 stories) mixed-use development centered around the
intersection of San Pablo Avenue and Highway 111, inclusive of El Paseo, and
expanding east to west from Deep Canyon Road to Monterey Avenue. Development
standards are included to allow building types that facilitate the creation of a sense of
place, provide for high levels of pedestrian connections and interaction, and emphasize
small block sizes and building form.
F. Overlay Districts. The purpose of the overlay districts is to allow the City to adequately
provide for special environmental constraints and to provide additional flexibility of
development standards for desired development within the City. Furthermore, overlay
districts are utilized:
1. To allow more flexibility from the standard provisions of the underlying base
zone.
2. When special provisions are needed to protect unique site features or implement
location-specific provisions.
3. To specify a particular standard or guideline for an area.
In the event of a conflict between an overlay district and any base zoning district
(residential, commercial, industrial, or special district) the provisions of the overlay
district apply.
Table 25.04-1: Zoning Districts
Symbol Zoning District Name/Description General Plan Land Use Designation
Implemented by Zoning District
Residential Zoning Districts
RE Estate Residential Rural Neighborhood
R-1 M Single-Family/Mobile Home Residential Conventional Suburban Neighborhood, Small
Town Neighborhood
R_1 Single-Family Residential Conventional Suburban Neighborhood
R-2! Mixed Residential Small Town Neighborhood
R-3 Multi-Family Residential Small Town Neighborhood,Town Center
Neighborhood
NPR Hillside Planned Residential Rural Neighborhood
PR Planned Residential Town Center Neighborhood, Resort and
Entertainment
Commercial Districts
OP _ Office Professional District Employment
PC Planned Commercial Districts Varies
PC-1 Specialty Commercial Center Neighborhood Center
Chapter 25. 04 Establishment of Zonig Districts 04-21 Page
I
i ORDINANCE NO. 1324
? Symbol Zoning District Name/Description General Plan Land Use Designation
Implemented by Zoning District
PC-2 District Commercial Center Suburban Retail Center
PC-3 Regional Center Regional Retail
PC-4 Resort Center Resort and Entertainment
Industrial Districts
SI Service Industrial District Employment, Industrial `
Downtown
D Downtown Downtown
DE Downtown Edge Downtown
Special Districts
P Public/Institutional District Public Facility/Institution
OS Open Space District Open Space(OS)
Overlay Districts
DO Downtown Core Overlay Downtown
DEO Downtown Edge Transition Overlay Downtown
SO Senior Housing Overlay Varies
MU Mixed Use Overlay Varies
EP El Paseo Pedestrian Commercial Overlay Downtown
SP Scenic Preservation Overlay Varies
D Drainageway, Floodplain,Watercourse Overlay Open Space
N Natural Features/Restricted Development Overlay Varies
FCOZ Freeway Commercial Overlay Zone Varies—1-10 Intersections
BDAA Bermuda Dunes Airport Area Washington Street area—See map on file
25.04.030 Zoning Map
The City of Palm Desert Zoning Map (hereafter referred to as the Zoning Map) is the official
designation of zoning district boundaries on real property within the City. The Zoning Map shall
be regulated as set forth below.
A. Incorporated by Reference. The Zoning Map is hereby incorporated into this zoning
code by reference as though it were fully included and as adopted by the City Council.
B. Map Amendments. Amendments to the Zoning Map shall follow the process
established in Section 25.78.040 (Amendments—Zoning Map).
C. Relationship to General Plan and other Plans. The Zoning Map shall implement and
shall be consistent with the City's adopted General Plan. The Zoning Map shall be
specifically consistent with the General Plan land use plan and any adopted specific
plans.
D. Zoning District Symbol. Zoning districts shall be illustrated on the Zoning Map as
follows:
04-3/Pa9e Chapter 25. 04 Establishment of Zoning Districts
ORDINANCE NO. 1324
1. Each residential, commercial, industrial, downtown, or special zoning district shall
be described on the Zoning Ma b use of its identified zoning district symbol, as
N g p Y 9 Y
listed in Table 25.04-1 (Zoning Districts).
2. Overlay districts shall be designated by their representative symbol along with
any related residential, commercial, industrial, downtown, or special base zoning
district in a format determined by the ZA.
E. Zoning Map Interpretation. If there is uncertainty about the location of any zoning
district boundary shown on the Zoning Map, the precise location of the boundary shall be
determined by the Zoning Administrator as follows:
1. The boundaries of a zoning district shall be the centerlines of either streets or
alleys, or lot lines of real property, unless otherwise shown. Where a district's
boundaries approximately follow centerlines or lot lines, those lines shall be
interpreted as the district boundaries.
2. If a district boundary divides a parcel and the boundary line location is not
specified by distances printed on the Zoning Map, the location of the boundary
shall be determined by the ZA. Each portion of the property shall be developed to
the standards and allowed use provisions of the applied zoning district and any
applied overlay or special zone(s).
3. Where the street layout on the ground or the lot lines differ from such layout or
lines shown on the zoning map, the ZA shall determine the exact boundary and ; ;u
the map shall be amended to conform to the layout on the ground.
4. Where a public street or alley is officially vacated or abandoned, the property that
was formerly in the street or alley shall be included within the zoning district of
the adjoining property on either side of the centerline of the vacated or
abandoned street or alley.
Chapter 25. 04 Establishment of Zonig Districts 04-41 Page
I
ORDINANCE NO. 1324
Exhibit C
Chapter 25.10 — Residential Districts
Sections in This Chapter
25.10.010 Purpose ................................................................................................10-1
25.10.020 Characteristics of the Residential Districts ...........................................10-1
25.10.030 Allowed Land Uses and Permits Required ...........................................10-2
25.10.040 Specific Use Standards.........................................................................10-4
25.10.050 Development Standards........................................................................10-7
25.10.010 Purpose
The purpose of this chapter is to establish residential zoning districts in the City, along with
allowed use and development standards applicable to those districts. These districts are
consistent with and implement the City's General Plan neighborhood land use categories as
indicated in Table 25.04-1 (Zoning Districts).
25.10.020 Characteristics of the Residential Districts
The following descriptions of each residential district identify the characteristic uses, density,
intensity of uses and the types of development intended for that district.
A. Estate Residential District (RE). The district is intended to provide low intensity and
neighborhood development (0.5 - 1.0 du/ac) and generally is characterized by limited
development on large properties and preservation of natural features and open space.
B. Single Family / Mobile Home Residential District (R-1M). This district provides for
the permanent placement and occupancy of single family dwelling units, factory built or
manfucatored dwelling units and mobile homes for residential purposes on purchased,
rented or leased lots. The district is characterized as having moderated density (4.0 —
7.0 du/ac) focused around community space and amenities with walkable streetscapes.
C. Single Family Residential District (R-1). The intent of this district is to encourage the
preservation and development of traditional residential neighborhoods. The district
provides for low intensity development (2.0 — 8.0 du/ac) generally characterized by
single-family homes on medium-sized lots organized around formal and walkable
streetscapes-
D. Mixed Residential District (R-2). The intent of this district is to provide moderate
intensity and density (3.0 — 10.0 du/ac) for neighborhood development. Neighborhoods
are characterized by a variety of housing choices and mixed-uses. Buildings are
organized around formal and walkable streetscapes with high levels of pedestrian
connectivity.
E. Multifamily Residential District (R-3). The intent of this district is to provide suitable
areas for moderate to higher intensity and density (7.0 — 40.0 du/ac) for residential
development and small scale commercial activity.The zoning district is characterized by
higher density residential development and mixed-uses in proximity to retail and
10-11Page Chapter 25. 10 Residential Districts
commercial services. Buildings are organized around formal streetscapes with a variety
of plazas and other pedestrian amenites and open spaces that are highly connected to
surrounding development.
F. Hillside Planned Residential District (HPR). The purpose of the hillside planned
residential district is to provide for the lowest intensity (0.2 du/ac) of residential
development by minimizing the grading of hillside areas and to preserve the natural
contours of the land by avoiding extensive cut and fill of slopes that result in a padding or
staircase effect within the development. This district is characterized by the preservation
of natural features and protected viewsheds, architecture and landscape design that
blends with the natural terrain, and informal and natural streetscapes that follow the
topography of the land.
G. Planned Residential District The(PR). purpose of this district is to provide for
flexibility in residential development, by encouraging creative and imaginative design,
and the development of parcels of land as coordinated projects involving a mixture of
residential densities (4.0 — 40.0 du/ac), mixed housing types, and community facilities.
The district is charactersized as providing for the optimum integration of urban and
natural amenities within developments and is organized around formal, walkable, and
highly connected streetscapes.
25.10.030 Allowed Land Uses and Permit Requirements
Table 25,10-1 "Use Matrix for Residential Districts" below identifies land uses and
corresponding permit requirements for residential districts and all other provisions of this Title.
Descriptions/definitions of the land uses can be found in Chapter 25.99 "Definitions". The
Special Use Provisions column in the table identifies the specific chapter or section where
additional regulations for that use type are located within this Title.
Use regulations in the table are shown with a representative symbol by use classification listing:
"P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an
administrative use permit, "L" symbolizes uses that require approval of a large family day care
use permit, "C" symbolizes uses that require approval of a conditional use permit, and "N"
symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the
Commission may make a use determination as outlined in Section 25.72.020 (Use
Determinations).
Table 25.10-1: Use Matrix for Residential Districts
Residential Zoning District
(P=Permitted; A=Administrative Use Permit; L=Large Special Use
Family Day Care Use Permit; C=Conditional Use Provisions
Permit;N=Not Permitted
RE R-1 R-2 R-3 R-1M HPR PR
Residential Uses
Assisted Living N C C C N N C
Condominium N N C C N N C
Dwelling, duplex N N P P N N N
Dwelling, multifamily N N P P N N C 25.10.040.A
Chapter 25. 10 Residential Districts 10-2 / Page
ORDINANCE NO. 1324
Residential Zoning District
Special Use
(P=Permifted; A-Administrative Use Permit; L-Large
Family Day Care Use Permit; C=Conditional Use Provisions
Permit;N=Not Permitted)
RE R-1 R-2 R-3 R-1M HPR PIR
Dwelling, second P P P P N P P 25.34.030
Dwelling, single-family P P P N N P P
Farmworker housing N N N N N N N
Group home P P P N N P P 25,10.040.B
Guest dwelling P P P N N P P
Home-based business P P P P P P P
Manufactured home parks N N N N C N N
Planned unit development, N N C C N C C 25.10.040.0
residential
Transitional and supportive:hou=ing s-ee footnote 1 7-
Agriculture-Related Uses
Apiary P P P N N P P
Botanical conservatory A N N N N N N
Crops and horticulture, limited A N N N N N N
Domestic animals P P P P P P P
Garden, private P P P P P P P
Greenhouse,commercial C N N N N N N
Greenhouse, private P P P A A P P
Horticulture, private P P P P P P P
Kennel C N N N N N C 25.10.040.D
Livestock raising, noncommercial C —N N N N N N
Nursery C N N N N N N
Orchard A N N N N N N
Stable, boarding A N N N N N N 25.10.040.E
Stable, priv at e A N N N N N N 25.10.040.E
Recreation, Resource Preservation,Open Space,and Public Assembly Uses
Cemetery N N N I N N N C
Community facility N N N N N N C
Club, private N N C C N N C
Crematory N N N N N N N
Day care, large family L L L L L L j L 25.10.040.F
Day care,small family P P P P P P P
Institution, educationa12 C C C C C N C
Institution, genera12 N N N C N N C
10-3/P a g e Chapter 25. 10 Residential Districts
ORDINANCE NO. 1324
Residential Zoning District
(P=Permitted* A=Administrative Use Permit; L=Large Special Use
Family Day Care Use Permit, C=Conditional Use Provisions
Permit;N=Not Permitted
RE R-1 R-2 R-3 R-1M HPR PR �
Institution, religious C C C C N N C
Public park P P P P P P P
Recreational use, commercial N N N N N N C 25.10.040.G
Recreational vehicle park N N N N C N C
Recreation facility, commercial N N N N N N N
"z
Recreation facility, incidental C C C C C N C 25.10.040.H
Recreation facility, private P N N P P N P
Recreation facility, public C C C C C N C
Utility,Transportation,Public Facility,and Communication Uses
? Electric substation N N N N N N N
Fire station C C C C N N C
Public service facility C C C C C N N
Public utility C C C C C N N
Utility facility N N N N N N C
Retail,Service,and Office Uses
Bed and breakfast C N N C N N N
----
Commercial parking lot N C N C N N N 25,10.040.1
Condominium hotel, converted N N C C N N C
Hospital N N C C N N C
Hotel N N N C N N C 25.10.040.J
Neighborhood government office N N C C N N N 25.10.040.K
Office parking lot N C C C N N N 25.10.0401
Professional office N N C C N N N 25.10.040.M
Resort hotel N N N C N N C 25.10.040.J
Timeshares N N N N N N C
T ralry ,(
See Section 25.34.080
Footnotes:
1. Transitional and supportive housing shall be subject to only those restrictions that apply to other residential uses of the same type
in the same zone.
2. Trade schools are not permitted
25.10.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.10-1 (Use Matrix for
Residential Districts):
Chapter 25. 10 Residential Districts 10-4 / Page
ORDINANCE NO. 1324
A^ Multilomilly. Multifamily dwelling units are permitted within he R-2 district up to a
maximum of 10 dwelling units per acre, or as indicated on the zoning map. Multifamily
dwelling units are permitted within the R-3 district at densities between 7-40 dweliing
units per acre, or as indicated on the zoning map.
B. Group Home. When permitted according to Table 25.10-1 (Use Matrix for Residential
Districts), group homes are limited to six or fewer residents.
C. Planned Residential. Cluster development and/or condominiums are permitted as part
of a planned development.
D. Kennel. Excluding domestic pets, all boarding for animals or fowl must be at least 100
feet away from any neighboring residential home.
E. Stables. The stabling of horses (or mules) is permitted with an administrative use permit
in the residential estate district subject to the following provisions:
1. Two standard horses (or mules) over 14.2 hands, 58 inches shall be permitted on
a lot of 40,000 square feet minimum area with a total number of horses all sizes
not exceeding three. (This would allow one additional pony or the temporary
keeping of one foal)
2. Horses [DU8i be haot within a corral and/or enclosed St3b|8 of the following
� minimum dimensions:
r `
i Corral. 288 square feet per horse; minimum dimensions of 12 bx24feet,
* and one-third shaded.
ii Stable. 144squ8re feet, minimum dimension 12feet by 12 feet per horse.
Stable shall be ventilated for the desert environment,
iii. Construction. Corrals and stables aheU he constructed of nnedeha) and in
such 8 manner tO adequately contain the horses.
& 3. B8rOs, cO[[8|s o[ stables constructed t0maintain horses shall be located not |eGg
� than 85 feet from any residence or h8bk8b|8 structure DO the same lot and not
less than 50 feet from any residence or habitable structure on adjacent lots.
Barna, cona|s, or stables may be located within 50 feet of afront property line if
the finding can be made that the design and appearance of such structures are
compatible with surrounding properties. No horses shall be permitted within 100
feet ofan adjacent property not zoned RE (i.e.. R1. O.P.. PR).
� 4. Animal manure shall be stored in appropriate receptacles and properly disposed
/
of not less than once per week.
5. Barns, C0rrG|S, or stables shall be cleaned and maintained such that dust, flies,
� and odors shall not create a nuisance for adjacent properties and not less than
once per day.
/0'5/Pa8p Chapter 25 . 10 Reside ot/a / D/s t,/v /o
ORDINANCE NO. 1324
F. Large Family Day Care. Large family day care facilities require the issuance of a large
family day care use permit in accordance with Section 25.64.020. and are permitted
subject to the following requirements:
1. Space and concentration. Properties proposed for use as large family day care
homes shall be located no closer than 300 feet in all directions from another
large family day care home. An adjustment may be granted according to Chapter
25.64.030 (Adjustments) of this ordinance to reduce this distance to no more
than 100 feet.
2. Traffic control. A traffic circulation plan shalt be designed to diminish traffic safety
problems. Residences located on major arterial streets (as shown on the General
Plan circulation map) must provide a drop-off/pick-up area designed to prevent
vehicles from backing onto the arterial roadway. The applicant may be required
to submit a plan of staggered drop-off and pick-up time ranges to reduce
congestion in neighborhoods already identified as having traffic congestion
problems.
3. Parking. All homes used for large family day care facilities shall provide at least
three automobile parking spaces, no more than one of which may be provided in
a garage or carport. Parking may be on-street if contiguous to property. These
may include spaces already provided to fulfill residential parking requirements.
4. Noise control. Operation of the facility shall comply with all provisions of Chapter
9.24 (Noise Control) of the Palm Desert Municipal Code. Additional conditions ..,,.
may be placed on use permits to reduce noise impact if ongoing problems exist.
5. Signage. No signs or other exterior markings identifying a large family day care
operation shall be allowed on the applicant's home.
6. Residency. The applicant must be a primary resident of the home that is
proposed as a large family day care home.
7. Contact Person. The current name(s) and telephone number(s) of the applicant,
and all other operators if different from the applicant, of the family day care home
shall be on file with the City at all times.
8. State Licensing. All appropriate licensing from the California Department of
Social Services shall be obtained prior to commencing operation of any large
family day care home in the City.
9. Building and Fire Code Compliance. Consistent with Section 1597.46 of the
Health and Safety Code, the proposed large family day care home must comply
with all building and fire code provisions applicable to single-family residences,
and with such additional standards as the State Fire Marshal, from time to time,
adopts pursuant to Section 1597.46(d) of the Health and Safety Code to promote
the fire and fife safety of children in large family day care homes. (See Title 22 of
the California Code of Regulations.)
10. Smoking Restricted. Consistent with Section 1596.795 of the Health and Safety
Code, smoking of tobacco and other substances—whether in pipe, cigar, or
Chapter 25. 10 Residential Districts 10-6 / Page
ORDINANCE NO. 1324
cigarette form—shall not be allowed in the applicant's home during its hours of
operation as a large family day care home with respect to those areas of the
home where children are present.
11. Proof of Control. No use permit shall be issued unless the applicant can
demonstrate legal authority and control over the real property proposed to be
used as a large family day care home.
G. Recreational Use, commercial. Commercial recreation uses are limited to the PR zone
only with the issuance of a conditional use permit when not directly related to a permitted
residential development.
H. Recreation Facility, incidental. Limited commercial uses are authorized as part of this
use classification which are commonly associated with and directly related to the primary
use.
I. Commercial Parking Lot. Parking lots that service commercial establishments are
permitted within 300 feet of the related commercial establishment.
J. Hotel and Resort Hotel. In the R-3 zoning district, these uses are permitted up to a
maximum of 40 units per gross acre with the issuance of a conditional use permit. In the
PR zoning district, the maximum density shall be approved by the Commission or
Council.
K. Government Office Building. Small neighborhood government office buildings are
permitted up to 5,000 square feet in size.
fy
L. Office Parking Lot. Parking lots that serve office developments are permitted when
located directly adjacent to the office professional zone and consistent with
recommendations of the General Plan.
M. Professional Office within Residential District. These uses are permitted with the
issuance of a conditional use permit, provided property to be developed is abutting or
across the street, or across an alley from commercially zoned property. Residential
development standards are to be used to ensure compatibility.
25.10.050 Development Standards
The development standards on Table 25.10-3 (Residential Zoning District Development
Standards) are applicable to the residential zoning districts. These standards, along with other
development standards (e.g., landscaping requirements, signs, and parking standards) in this
title, are intended to assist property owners and project designers in understanding the City's
minimum requirements and expectations for high-quality development.
A. Hillside Planned Residential Development Standards. The following standards must
be met prior to the approval of a hillside development plan as described in Section
25.78.020:
1. Density. Each lot shall be limited to a maximum of one unit per five acres_ All lots
will be entitled to at least one unit.
10-71Page Chapter 25. 10 Resider; tiai Districts
ORDINANCE NO. 1324
2. Grading. Location of building pads and access roads shall be evaluated,
approved, or adjusted based on consistency with the following:
i. Preserved natural contours of the land to avoid extensive cut and fill
slopes to reduce the need for a staircase effect within developments.
ii. Architecture and landscape design which blends with the natural terrain to
the greatest practical extent.
iii. Retention and protection of undisturbed viewsheds, natural landmarks,
and features including vistas and the natural skyline as integral elements.
iv. Building Pad Area. The maximum area permanently disturbed by grading
shall not exceed 10,000 square feet.
v. Access Road or Driveway. Maximum permanent grading disturbance of
natural terrain for development of access to the approved building pad
shall be 3,000 square feet. Roads shall be located and designed to blend
with the natural terrain to the greatest practical extent consistent with the
grading provisions listed in paragraph 2 above.
vi. Renaturalization. All cuts, fills, or other areas temporarily disturbed by
grading shall be re-naturalized, colored, and landscaped to blend with the
adjacent undisturbed natural terrain to the satisfaction of the City council.
3. Maximum Dwelling Unit Size. Total dwelling unit, garage and accessory building
size on any one lot shall not exceed 4,000 square feet.
4. Exception. The standards of subsections A.1 through A.3 of this section shall be
required unless modified by one of the following:
i. Precise Plan. The Commission and Council may approve a precise plan
of design through public hearing process that modifies the standards in
subsection A.1 through A.3. Said precise plan shall take into
consideration any and all circumstances, including, but not limited to,
viewshed, topography, color, texture, and profile of any structure that the
Commission or Council may determine to be in conformity with the
purposes set forth in this section.
ii. Previously Approved Existing Building Pads. If a property owner can
demonstrate that a previous building pad was aporoved by the City of
County before incorporation, a home and accessory structure(s) may be
built on a previously approved building pad without a public hearing. The
building size shall be limited to 35 percent of the lot, which may be
increased up to 50 percent with ARC approval. Enlarging a previously
approved existing building pad shall require a new public hearinig subject
of the provisions of this chapter.
5. Previously approved existing building pads shall be subject to the standard £,:.
coverage limitations of 35 percent, which may be increased up to 50 percent with
Chapter 25. 10 Residential Districts 10-8 J Page
t
d
ORDINANCE NO. 1324
ARC approval. Any change to an existing approved building pad shall require a
new public hearing subject to the provisions of this chapter.
6. Development on or across ridges is prohibited.
7. Building pads and architecture shall be designed to eliminate or minimize any
visual impact on the City to the maximum extent feasible.
8. All common open space shall be preserved for that purpose as shown in the
development plan. The developer shall choose one or a combination of the
following three methods of administering common open space:
i. Dedication of common open space to the City, which is subject to formal
acceptance.
ii. Establishment of an association or nonprofit corporation of all property
owners or corporations within the project area to ensure perpetual
maintenance of all common open space.
iii. Retention of ownership, control, and maintenance of all common open
space by the developer; all privately owned common open space shall
continue as such and shall only be used in accordance with the
development plan; appropriate land use restrictions shall be contained in
all deeds to ensure that the common open space is permanently
preserved according to the development plan; said deed restrictions shall
run with the land and be for the benefit of present as well as future
property owners, and shall contain a prohibition against partition of
common open space.
9. Design Criteria. The following design criteria are established:
i. The overall plan shall achieve an integrated land and building
relationship.
ii. Open spaces, pedestrian and vehicular circulation facilities, parking
facilities, and other pertinent amenities shall be an integral part of the
landscape and particular attention shall be given to the retention of
natural landscape features of the site.
iii. The layout of structures and other facilities shall effect a conservation in
street and utility improvements.
iv. Recreational areas, active and passive, shall be generally dispersed
throughout the development and shall be easily accessible from all
dwelling units.
v. Architectural unity and harmony within the development and with the
surrounding properties shall be attained.
B. Planned Residential District Standards.
10-91Page Chapter 25. 10 Residential Districts
ORDINANCE NO. 1324
1. Purpose. It is the purpose of the PR district to provide for flexibility in
development, creative and imaginative design, and the development of parcels of
land as coordinated projects involving a mixture of residential densities and
housing types, and community facilities. The PR district is further intended to
provide for the optimum integration of urban and natural amenities within
developments. The PR district is also established to give a land developer
assurance that innovative and unique land development techniques will be given
reasonable consideration for approval and to provide the City with assurances
that the completed project will contain the character envisioned at the time of
approval.
2. Filing Procedure. To initiate the review process, the applicant shall file
applications for a change of zone (if needed) to a PR district along with a precise
plan, tentative tract/parcel map and supporting environmental documentation.
3. Maximum Project Densities. The maximum project density shall be as expressed
in dwelling units per gross acre of not more than the number following the zoning
symbol PR. The Council shall determine the densities to be allowed within each
PR district at the time the involved properties are rezoned and as designated on
the zoning map within the following range: one to 40 dwelling units maximum per
average gross acre. The density designation shall mean dwelling units per
average gross acre. For example, PR-7 means a planned residential
development with seven units per gross acre.
4. Maximum Density for "Affordable Projects." For projects containing at least 20
percent units affordable to low income households as defined by the Riverside
County Housing Authority, a maximum density of 55 dwelling units per acre may
be allowed by precise plan. To be eligible for this program, the developer must
enter into a development agreement which will tie the zoning designation and the
precise plan approval to affordable housing performance standards.
5. Development Standards Applicable. All areas within the project site shall be
subject to the following:
i. The standards for development of PR districts set forth in this chapter and
any supplemental standards for the planned community designated in the
precise plan.
ii. Off-street parking and loading requirements. All parking and loading shall
comply with the provisions of Chapter 25.46.
iii. Utilities. For provisions regarding utilities, see Section 25.40.120.
iv. Signs. All signs shall be in compliance with Chapter 25.56.
v. Outside storage. No outside storage shall exceed the height of actual
perimeter screening.
vi. Screening. All screening requirements for developments within the PR .»:
district shall be determined by the ARC during review of the precise plan.
Chapter 25. 10 Residential Districts 10- 10 1 Page
ORDINANCE NO. 1324
vii. Trash handling. Trash handling facilities shall be provided for all
developments within the PR district with the exception of single-family
q detached dwellings. A trash enclosure will be provided for all but
excepted uses, unless the proposed location of the trash area is
completely enclosed by walls or buildings. The freestanding trash
enclosure shall be constructed of masonry block. No trash shall be
allowed to extend above or beyond the enclosure.
6. Site Plan Review. Review of a site plan by Planning Department staff shall be
required before a building permit is issued for any development in the PR district.
7. Special Standards. In addition to requiring all development plans to comply with
the following special standards the Council and/or Commission may impose such
other conditions to the development plan as it deems necessary or desirable in
carrying out the general purpose and intent of this chapter.
i. Minimum Project Area. Projects of less than 7 dwelling units per acre
shall have a minimum area of 5 acres. Projects of 7 to 18 dwelling units
per acre shall have a minimum area of 10 acres. Projects with 18+
dwelling units per acre shall have a minimum area greater than 10 acres.
ii. Minimum Project Width. Projects of less than 7 dwelling units per acre
shall have a minimum width of 200 feet. Projects of 7 to 18 dwelling units
per acre shall have a minimum width of 250 feet. Projects with 18+
dwelling units per acre shall have a minimum width greater than 300 feet.
iii. Minimum Project Perimeter Setback. The minimum perimeter setback
shall be 20 feet from all property lines adjacent to existing or proposed
public streets.
iv. Minimum project building coverage. Projects of less than 7 dwelling units
per acre shall have a maximum building coverage of 40 percent. Projects
of 7 to 18 dwelling units per acre shall have a maximum building
coverage of 50 percent. Projects with 18+ dwelling units per acre shall
have a maximum building coverage of 80 percent.
v. Minimum lot area. For single-family detached, the minimum lot area shall
be as approved by the development plan. For single-family attached, the
minimum lot area shall be 2,500 square feet. For a two-story dwelling, the
minimum lot area shall be 3,000 square feet. For multiple-family buildings,
the minimum lot area shall be as approved on the tract map.
8. Minimum yards— Development standards.
i. For single-family attached, two-story family dwellings and multiple-family
buildings, the minimum front, side and rear yards shall be as approved on
the tract map.
9. Minimum Separation Between Sides of Buildings. For single-story, single-family
detached buildings there shall be a minimum of 7 feet between sides. For two-
10-11 Page Chapter 25. 10 Residential Districts
ORDINANCE NO. 1324
story, single-family detached buildings there shall be a minimum of 10 feet
between two-story elements.
10. Minimum common open space.
i. Projects of less than 7 dwelling units per acre shall have a minimum
common open space of 30 percent of the net area.
ii. Projects of 7 to 18 dwelling units per acre shall have a minimum common
open space of 20 percent of the net area.
iii. At least 50 percent of all required common open space shall be
approximately level, defined as not more than 13.5 percent grade.
iv. The common open space shall be land within the total development site
used for recreational, including buildings used for recreation purposes,
parks or environmental purposes for enjoyment by occupants of the
development and their guests, or dedicated to the City for public parks.
V. Common open space shall not include public or private streets,
driveways, private yards, or patios and parking areas.
11. Building Height. The maximum building height in a PR district shall be 40 feet or
three-story, whichever is less, or as approved by the Planning Commission.
12. Maximum Dwelling Units per Building. The maximum number of dwelling units
per building shall be as approved by the Planning Commission.
13. Required Width of Private Roads. With no parking, the private roads shall be 20
feet wide. With parking on one side, 32 feet wide. With parking on two sides, 40
feet wide. The roadways shall be a minimum of asphaltic concrete with concrete
curbs and gutters as approved by the Director. Standards of design and
construction of roadways, both public and private, within the project may be
modified as is deemed appropriate by the City, especially where it is found that
the development plan provides for the separation of vehicular and pedestrian
circulation patterns and provides for adequate off-street parking facilities.
14. RV Park Standards. The following standards apply to recreational vehicle parks:
i. Minimum project size of 5 acres;
ii. Maximum density of 12 spaces per acre;
iii. Minimum space area of 1,500 square feet, minimum dimension 30 feet by
50 feet;
iv. Minimum 40 percent common open space/recreation area;
v. Front project setback adjacent to public street of 25 feet with combination
of 6-foot masonry wall and landscaping to screen all recreation vehicles;
Chapter 25. 10 Residential Districts 10- 12 1 Page
ORDINANCE NO. 1324
vi. Interior property lines to be bounded by 6-foot masonry wall and at least
10 feet of landscaping;
vii. Projects may be single-use or developed as part of a larger resort or
residential development;
viii. RV parks shall be taxed as a transient occupancy use;
ix. Permitted Accessory Uses. Private recreational facilities and limited
commercial directly associated with primary use as approved by
Commission.
15. Building Setbacks from the Planned Street Line. The minimum setback in all
residential developments within the PR district shall be the designated distances
from the ultimate right-of-way line of the streets specified in this title unless
otherwise provided in this section:
Table 25.10-2: Setbacks from Planned Street Lines
Street Type Setback Distance
Freeway 50 feet
Major 32 feet
Arterial 32 feet
Collector 25 feet
Local 25 feet
16. Two-story, single-family detached building setbacks from project perimeter:
i. The minimum setback shall be 100 feet or one lot depth, whichever is
more.
ii. The Commission may waive interior setback requirements when adjacent
developments are planned simultaneously.
17. Development standards within the PR districts may be modified through the
precise plan process as specified in Section 25.72.030.
18.Approval Criteria. The Commission and/or Council may approve a precise plan
only after finding that the requirements of this title and other ordinances affecting
the property have been satisfied. In granting such approval, the
Commission/Council may impose and enforce such specific conditions as to site
development, phasing and building construction, and maintenance and operation
as it deems necessary to carry out the purposes of this title and the General
Plan. All development within the PR district shall comply with the development
plan as approved and adopted by the Commission/Council.
10-13(Page Chapter 25. 10 Residential Districts
ORDINANCE NO. 1324
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Chapter 25. 10 Residential Districts 10- 14 / Page
Table 25.103:Residential Zoning District Development Standards
RE° R-t a
Measurement/Zoning District >15,f>DO af,but R-2 R-3 R-1M' RPR' P.R.'
51 ac i 215,Oa0 of 510,000 of <10,fN10 of
Residential Density
Density(du/ac),min-max 1.2 j 2-3 3-4 5-8 3-10 7-40 7 1/5 ac 4.40 Z
Lot Dimensions >
- Z
Lot size,min 40,000 sf 15,000 sf 10,000 st 8,000 st 3,500 st 3,000 st 20 acs/t5,000 - - n
m
Lot size,max 1 ac No max 14,999 sf 9,999 sf No max No max No max - - Z
Lot width,min /s0, 90 90' 70' 50, 40, 500, - - O
Lot depth,min 200' 125'
Setbacks i
From yard,min 30' 25 20' 20' 12' 10, 20/S
Side yard,min /5' 15, 8' S' 5' 8' 10'/5'
Combined both sides,min 30, j 30, 20, 10'e la 10, - - - - --
Street side yard.min 30' 15, 10, 10, 10' 10, 20-f- - -
Rear yard,min 50' 27 20' 15' 15, 10, 10'15' - -
Residential accessory structures See Section 25.40.050(Accessory Buildings and Structures)
Coverage ,
Lot coverage,max percentage o1 lot area 30% 3596' 35% 35%2 80°a 75°fo - 10% 50%
Building Measurements
Height,max 15'(18'ARC)' 15'(18'APC)' 15,(18.ARC)' 15'(18-ARC) 30, 40' 18' 40'
Number of Stories,max. 1 1 1 2 2.5 3 1 1 3
Dwelling unit size,min 1,500 sf 1,250 sf 1,000 st 1,000 sf 600 st 450 st - -
Dwelling unit size,max - - - - 4,000 at 4,W0 sf - 4,000 sf
Site area per dwelling unit,min - - - - 4,000 sf 2,500 sf - - -
Building pad area,max - - - - - - - 10,UOO st -
Open Space
Group usable open space per dwelling unit,min - - - - - 300 at - - -
l�tea
1. iM ArnanSan roqu6enlent9 rn�AN in Mpa CNumn epdy fC a merutalured�wrre pant PrGea a+res aE wefl ea+rgivWual Giros w,mm the park.the M1rst dmenaron rs lw t/n Iaryer prge�r site.
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10-151 F,q Chapter 25,10 Residential Districts
OR DIN AN 324
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ORDINANCE
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ORDINANCE NO. 1324
Exhibit D
Chapter 25.16 — Commercial and Industrial Districts
Sections in This Chapter
25.16,010 Purpose.................................................................................................16-1
25.16.020 Characteristics of the Commercial and Industrial Districts ....................16-1
25.16.030 Allowed Land Uses and Permit Requirements......................................16-2
25.16.040 Specific Use Standards.........................................................................16-3
25.16.050 Development Standards........................................................................16-6
25.16.010 Purpose
The purpose of this chapter is to establish commercial and industrial zoning districts in the City,
along with allowed use and development standards applicable to those districts. These districts
are consistent with and implement the City's General plan commercial and industrial district and
center land use categories as indicated in Table 25.04-1 (Zoning Districts).
25.16.020 Characteristics of the Commercial and Industrial Districts
The following descriptions of each district identify the characteristic uses, intensity of uses, and
intended level of development for that district.
A. Office Professional (OP). This district is intended for various levels of intensities for
business, office, administrative, research and development, and/or professional land
uses. This district is characterized by urban streetscapes with formal tree arrangements
and larger block sizes.
B. Planned Commercial (PC). The PC districts provide flexibility for commercial and
mixed-use development. Generally, these districts are characterized as coordinated
projects that integrate compatible commercial and residential mixed-uses. PC districts
balance the need for automobile parking and pedestrian connections that are organized
around walkable streetscapes and other pedestrian amenities. PC districts are further
refined based on property size, proximity to residential uses, and as described below:
1. Specialty Commercial Center (PC-1). The specialty commercial center
provides for small-scale commercial development that primarily serves
surrounding neighborhoods and other immediate land uses. This district is
characterized as being located in close proximity to residential development and,
as such, provides high levels of convenient pedestrian access. This district also
promotes the development of mixed-use (10.0 — 15.0 du/ac) as a transition
between residential uses and other development types.
2. District Commercial Center (PC-2). The district commercial center provides
convenient shopping opportunities outside of the downtown core area. This PC
district provides large-format retail areas for the broader community and provides
flexibility for the integration of mixed-use (10.0 — 15.0 du/ac) on upper floors of
commercial buildings. The center is also characterized by traditional parking lots
16-11page Chapter 25. 16 Commercial and Industrial Districts
ORDINANCE NO. 1324
with formal tree arrangements and spacing and sufficient space for pedestrian
areas and open space.
3. Regional Commercial Center (PC-3). The regional commercial center provides
a unified area for commercial uses which offer a wide range of goods and
services, including comparison and convenience shopping, entertainment,
cultural, and recreational uses. The district provides for large-scale, large-format,
commercial development that serves the broader region and is generally located
around major intersections and properties in proximity to freeway overpasses.
Although this district is predominately commercial, mixed-use (10.0— 15.0 du/ac)
is allowed and should be integrated into developments on the upper floor.
4. Resort Commercial Center (PC-4). The resort commercial center allows for the
development of a range of entertainment, hospitality, restaurants, and
recreational facilities with related commercial uses to serve visitors to the City.
The district is characterized by multi-story development that provides recreation
and entertainment amenities in accordance with its urban/natural setting, and
provides flexibility to integrate mixed-use (10.0 du/ac).
C. Service Industrial (SI). This district allows for the development of traditional business
parks that allow for manufacture, distribution, research and development, and service of
products intended for use within Palm Desert and surrounding communities. The district
is characterized as having a more urban setting with buildings located near roadways,
shared and connected parking, and streetscapes with formal street tree arrangements.
25.16.030 Allowed Land Uses and Permit Requirements
Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses and
corresponding permit requirements for commercial and industrial districts and all other
provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99
(Definitions). The "Special Use Provisions" column in the table identifies the specific chapter or
section where additional regulations for the specific use type are located within this ordinance.
Use regulations in the table are shown with representative symbols by use classification listing:
"P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an
administrative use permit, "C" symbolizes uses that require approval of a conditional use permit,
and "N" symbolizes uses that are not permitted. Uses that are not listed are not permitted.
However, the Commission may make a use determination as outlined in Section 25.72.020 (Use
Determinations).
Chapter 25. 16 Commercial and Industrial Districts 16-2/Pa9e
ORDINANCE NO. 1324
Table 25.16-1: Use Matrix for Commercial and Industrial Districts
CommercialAndustrial District
(P=Permitted;A--Administrative Use Special Use
Permit;C=Conditional Use Permit; Provisions
N_Not Permitted)
OP PC-1 PC-2 PC-3 PC-4 SI
Residential Uses
Caretaker housing N N N N N P 25.16.040.A
Condominium C C C C C C 25.16.040.E
Dwelling, duplex C C C C C C 25.16.040.E
Dwelling, multifamily C C C C C C 25.16.040.E
Dwelling,single-family C C C N C C 25.16.040.E
Group home C C N N C C 25.16.040.E
Single-room occupancies N N N N N C
Homeless Shelter N N N N N P
Recreation,Resource Preservation,Open Space,and Public Assembly Uses
Amusement facility, indoors N N I C C C N
Amusement facility, outdoors N N N C C N
Community facility N N N N N P '
Day care center N C C C C N
Emergency shelters N P N N N P
Entertainment facility, indoor N N N P P N
Entertainment facility, outdoor N N N P P N
Institution,educational C C C N N C
Institution,general C C C N N C
Institution, religious C C C N N C
Open space(developed or natural) N P P N P N
Recreation facility,commercial N N P P P N
Recreation facility, private N N N P P N
Theater/auditorium N N P P N N
Utility,Transportation,Public Facility,and Communication Uses
Commercial communication tower C C C C C C 25.16.040.0
Commercial parking lot C N N N N N
Public utility installation N N N N N P
Public facility(utility or service) N N N N N P
Utility facility :: N N C N N P
16-3/Page Chapter 25. 16 Commercial and Industrial Districts
ORDINANCE NO. 1324
Retail,Service,and Office Uses
t
C; Adult entertainment N N N N N C 25.16.040.D
Ancillary commercial A P P P N A 25.16.040.E
Art gallery A P P P P C
Art studio A P P P P C
Bed and breakfast N A A A A N
Business support services N N N N P P
Convention and visitors bureau N P P N P N
Drugstore N P P P N N
Financial institution C P P P N N
Grocery store N P P P N N 25.16.040.17
Health club,gyms or studios N A P P P C
Hotel N A A A P N
Liquor store N P P P N N
Liquor, beverage and food items shop N P P P P N
Medical,clinic P P P P N N
Medical,office P P P P N N
Medical,hospital N N N N N C
Medical, laboratory P N N N N P
Medical office,accessory N N N N N P 25.16.040.G
Medical, research facility P P N N N C
Mortuary N N N N N P
Office,professional P P P P P P
Office,local government P P N N N P
Office,travel agency P P P P P N
Outdoor sales N A A A A A
Personal services N P P P P N
Restaurant A C C C P C 25.16.040.E/H
Retail N P P P P N
Retail, bulky items N P N P P N
Spa - N P j P j P P N
Time-share project N N N C C N
Automobile and Vehicle Uses
Automotive rental agency N P N N P P
Automotive gasoline station N C C C N C 25.34.090
Chapter 25. 16 Commercial and Industrial Districts 16-4/Page
ORDINANCE NO. 1324
Automotive service facility N N C C N P 25,34.090
Automotive sales new and used(Outdoor/Indoor) N N N N N C `
---------------
Automotive sales of accessory parts and supplies N N N P P gP25.16.040.1
Vehicle storage facility N N N N N
Industrial,Manufacturing,and Processing Uses
Industrial planned unit development N N N N N P
Light industrial and research and development N N N N N P
Maintenance facility N N N N N P
Pest control facility N N N N N P
Preparation of foodstuffs N N N N N P
Production of home and office decor accessories N N N N N P
Warehouse or storage facility N N N N N P
Temporary Uses
See Section 25.34.080
The establishment may be permitted with an Administrative Use Permit but may be elevated to a Conditional Use Permit at the
discretion of the ZA based on:parking, traffc,or other impacts. t
25.16.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.16-1 (Use Matrix for
Commercial and Industrial Districts):
A. Caretaker Housing. Permitted only when incidental to and on the same site as a
permitted or conditional use.
B. Residential (mixed use). Residential uses may be established and maintained to be
compatible with the permitted or the approved conditional uses in the vicinity.
C. Commercial Communication Tower. All communication towers and antennas shall
satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna
Regulations).
D. Adult Entertainment. All uses defined as adult entertainment are required to meet the
provisions established by Section 25.34.110 (Adult Entertainment Establishments).
E. Commercial (ancillary). Applicable only to office and industrial complexes that occupy
a minimum of two acres. Restaurant uses shall not exceed 10 percent of the gross
leasable floor area and the total ancillary commercial uses, including restaurants, shall
not exceed 25 percent of the gross leasable floor area of the complex. A Conditional Use
Permit or Administrative Use Permit is required to review land-use compatibility and to
ensure that adequate parking exists to serve the commercial use.
16-5lPage Chapter 25. 16 Commercial and Industrial Districts
ORDINANCE NO. 1324
F. Grocery Stores. Limited to a maximum building size of 10,000 square feet in PC-1,
30,000 square feet in PC-2, and 60,000 square feet in PC-3.
G. Medical Offices, accessory. Permitted only when ancillary to and in conjunction with
the operation of a hotel.
H. Restaurants. Drive-through and drive-in facilities permitted by a conditional use permit
as follows:
1. Permitted locations.
i. Within Freeway Commercial Overlay District
ii. On the following streets and as indicated in Figure 25.10-2: Monterey Avenue
and Portola Avenue from the northern city boundary to the north side of Gerald Ford
Drive.
2. Development standards.
i. Drive-through lanes and window facilities shall be designed in a manner
that they are screened and/or not visible from surrounding public streets.
ii. Drive-through vehicle queue must be permanently screened and/or not
visible from surrounding public streets.
I. Vehicle Service and Storage Facility. The storage facility must be completely
screened.
25.16.050 Development Standards
The development standards included in Table 25.16-2 (Commercial and Industrial District
Development Standards) are applicable to commercial and industrial districts. These standards,
along with other development standards (e.g., landscaping requirements, signs, and parking
standards) located in the zoning ordinance, are intended to assist property owners and project
designers in understanding the City's minimum requirements and expectations for high-quality
development.
A. Special setback requirements. In addition to the setback requirements in Table 25.16-
2 (Commercial and Industrial District Development Standards) the following special
setback provisions apply:
1. On interior lots in the PC zone districts, setbacks shall be the lesser of the
setback requirement listed in Table 25.16-2 (Commercial and Industrial District
Development Standards). For exterior lots or projects perimeter adjacent to
public streets the setback standards below shall apply. Said setbacks shall be
measured from the property line.
2. Building setbacks from planned street lines:
Table 25.16-2: Setbacks from Planned Street Lines
Street Type Setback Distance
Freeway 50 feet
Major 32 feet
Arterial 32 feet
Collector 25 feet
Chapter 25. 16 Commercial and Industrial Districts 16-6/Page
ORDINANCE NO. 1324
Local 25 feet
3. Where commercial districts abut a residential district, a fence or wall 6 feet in
height shall be located adjoining the property line except adjoining a required
front yard. All commercial district property lines adjoining a residential district
shall be landscaped with plant materials for an area 10 feet in depth.
4. All nonpaved areas shall be landscaped and treated or maintained to eliminate
dust.
B. Exceptions: Development standards within the PC districts may be modified through the
precise plan process as specified in Section 25.72.030Special standards within the
Service industrial (SI) district.
Sound emanating from industrial properties shall be muffled so as not to become
objectionable due to intermittence, beat frequency, or shrillness. The measurements of
sound shall be measured at the lot lines and shall be measured to decibels with a sound
level meter and associated octave band filter, manufactured according to standards
prescribed by the American Standards Association. Maximum permissible sound pressure
levels shall comply with the limits at table 25.16-2 and the following standards:
Table 25.16-3: Maximum Permitted Decibels
Octave Band in Cycles- Adjacent Residential District Lot Line of Use in the Sl
Second(decibels) Boundaries(decibels) Zone(decibels)
0-75 72 --------- 79
76-150 59 74
151-300 52 66
301--600 46 59
601-1200 42 53--
1201-2400 39 47
2401-4800 34 41
Above 4800 32 39
1. The maximum sound pressure level in decibels shall be 0.002 dynes per square
centimeter.
2. Toxic gases or matter shall not be emitted which can cause any damage to
health, animals, or vegetation, or other forms of property, or which can cause any
excessive soiling beyond the lot lines of the use.
3. Vibration from any machine, operation, or process which can cause a
displacement of .003 of 1 inch as measured at the lot lines of the use shall be
prohibited. Shock absorbers or similar mounting shall be allowed which will
reduce vibration below .003 of 1 inch as measured at the lot lines.
16-71Page Chapter 25. 16 Commercial and Industrial Districts
ORDINANCE NO. 1324
4. Glare and heat from any source shall not be produced beyond the lot lines of the
use.
I r 5. Storage of refuse, trash, rubbish, or other waste material outside a permanent
building shall be kept in enclosed containers in areas other than the front and
side yards.
6. Lighting, including spotlights, floodlights, electrical reflectors, and other means of
illumination for signs, structures, landscaping, parking areas, loading and
unloading areas, and the like shall be shielded, focused, directed, and arranged
as to prevent glare or direct illumination on streets or adjoining property.
7. Unless specific additional uses are permitted by the certificate of occupancy, the
use of radioactive materials within the SI district shall be limited to measuring,
gauging and calibration devices, as tracer elements, in x-ray and like apparatus,
and in connection with the processing and preservation of foods. In no event
shall radioactivity, when measured at each lot line, be in excess of 2.7 x 10-11
micro curies per milliliter of air at any moment of time.
8. Electrical and electronic devices and equipment shall be suitably wired, shielded,
and controlled so that in operation they shall not, beyond the lot lines, emit any
electrical impulses or waves which will adversely affect the operation and control
of any other electrical or electronic devices and equipment. (Ord. 96 § 1, 1975,
Exhibit A § 25.20-7.16)
C. Special standards within the Office Professional (OP) district.
1. When adjacent to single-story residential, the rear and exterior side yard
setbacks shall be increased by 6.43 feet for each foot of building height above 18
feet up to 25 feet tall. See table below:
Table 25.16-4: Additional Setback in OP District
Height Setback
Distance
19 feet 26.43 feet
20 feet 32.86 feet
21 feet 39.29 feet
22 feet 45.72 feet
23 feet 52.15 feet
24 feet 58.58 feet
25 feet 65 feet
2. Second-story Windows: Second-story windows are allowed to face adjacent
single-story residential zones with sufficient screening; either with landscaping or
another method as approved through the precise plan process.
Chapter 25. 16 Commercial and Industrial Districts 16-8/Pa9e
ORDINANCE NO. 1324
Table 25.16-4: Commercial and Industrial District Development Standards
Commercial/Industrial District
OP PC-1' PC-2' PC-3' PC-4' SI
Lot Dimensions
Lot size, min 15,000 sf 3 ac 5 ac 30 ac 4 ac 20,000 sf
Lot size, max None 10 ac 20 ac None None None
Lot width, min 70' None None None No min 100'
Lot depth, min 140' None None None j No min 100,
Setbacks2
Front yard, min 12' min, 15' _ _ — 30' 20'
avg
Side yard, min (interior/exterior) 0'/20' 3,4,' 0'/20'3.4 0'/20'3'4 — 15, 0'/10"
Street side yard, min 12'min, 15' _ _ _ — 10'
avg
Rear yard, min 0'/20' 3A O'/2O'3'4 0'/20'3'4 — 20' O725i5
Coverage
Floor Area Ratio 0.75 0.5 1.0 1.0 0.10 0.75
Residential Density Range 10.0 10.0— 10.0— 10.0— 10.0 -
(mixed-use) 15.0 15.0 15.0
Building Measurements
Height, max (single-use) 40', 3 stories 35', 2 35', 2 35', 2 55', 4 40% 3
stories stories stories stories stories
Height, max (mixed-use) 40 40 40 40 55
No. of Stories (mixed-use) 3 3 3 3 4 -
Building size, max" — 10,000 sf 30,000 sf — — — —
16-9/Page Chapter 25. 16 Commercial and Industrial Districts
ORDINANCE NO. 1324
Commercial/Industrial District
OP j PC-1' PC-2' PC-3' PC-4' SI
Landscaping
Required landscaping, min 15% 15% 15% 20% 20°%9 — —
percentage of lot area
Depth of landscaping in street 10. 10 20' 30' 10' — —
setback area, min
Notes:
1. Development standards may be modified through the precise plan process as specified in Section 25.72.030.
2. See Section 25.16,050 A(Special Setback Requirements).
3. When an OP, PC-1 or PC-2 zone is adjacent to a commercially or industrially zoned property, the setback is zero.
4. When an PC-1,or PC-2 zone is adjacent to a residentially zoned property, the minimum required setback for a commercial structure or a joint use commercial and residential
structure is equal to the building's height.
5. When an St zone is adjacent to or across the street from residentially zoned property, the minimum side setback is 10 feet and the minimum rear setback is 25 feet.
6. The side yard setback may be 0 feet where the main building structure on the same lot line of the abutting parcel is set back at 0 feet and both parcels are developed at the
same time.
7. When adjacent to single-story residential,see Section 25.16.050 E(Additional Setback in OP District).
8. This standard refers to the maximum area for any single commercial enterprise.
9. For hotels,a minimum of 25 percent of the site area must be usable landscaped open space and outdoor living and recreation area with an adequate irrigation system.
Chapter 25. 16 Commercial and Industrial Districts 16-10/Page
ORDINANCE NO. 1324
Exhibit E
IMP
Chapter 25.22 — Special Districts
Sections in This Chapter
25.22.010 Purpose.................................................................................................22-1
25.22.020 Characteristics of Special Districts........................................................22-1
25.22.030 Allowed Land Uses and Permit Requirements......................................22-1
25.22.040 Development Standards........................................................................22-3
25.22.010 Purpose
The purpose of this chapter is to establish zoning districts in the City specifically reserved for
public, institutional, and open space use and to provide a list of permitted uses and general
development standards. These districts are consistent with and implement the City's General
Plan as indicated in Table 25.04-1 (Zoning Districts).
25.22.020 Characteristics of Special Districts
The following descriptions of each residential district identify the characteristic uses, intensity of
uses, and level of development intended for that district.
A. Public/Institutional (P). The purpose and intent of the P district is to provide for the
orderly establishment of public facilities, expansion of their operations, or change in the
use of lands owned, leased, or otherwise controlled by governmental agencies and for
the orderly establishment of quasi-public institutional uses that are compatible with, and
support, surrounding land uses.
B. Open Space (OS). The open space district is intended to provide for areas reserved for
parks, public or private recreation, protection of natural and developed open
spaces,govern mental public uses, or areas where a hazard to the public may exist.
25.22.030 Allowed Land Uses and Permit Requirements
Table 25.22-1 (Use Matrix for Special Districts) identifies allowed uses and corresponding
permit requirements for the special districts and all other provisions of this title. Use regulations
in the table are shown with representative symbols by use classification listing: "F symbolizes
uses permitted by right, "A„ symbolizes uses that require approval of an administrative use
permit, "C" symbolizes uses that require approval of a conditional use permit, and "N"
symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the
Commission may make a use determination as outlined in Section 25.72.020 (Use
Determinations).
22-1/Page Chapter 25. 22 Special Districts
6
ORDINANCE NO. 1324
Table 25.22-1: Use Matrix for Special Districts
Key. Special Zoning Special Use
P=Permitted;A=Administrative Use Permit; District Provisions
C=Conditional Use Permit;N=Not Permitted) p OS
Residential Uses
Condominium' C N
Dwelling,duplex' C N
Dwelling,manufactured' C N
Dwelling,mobile home' C N
Dwelling,multifamily' C N
Dwelling,second' P N 25.34.030
Dwelling,single-family' C N
Farmworker housing' C N
Group home' C N
Planned unit development, residential' C N
Recreation,Resource Preservation,Open Space,and Public Assembly Uses
Apiary A P
Botanical conservatory A P
Cemetery C C
Community facility C P
Crops and horticulture, limited C P
Historic landmark P P
Institution,educational C C
Institution,general C P
Institution, religious C N
Kennel C N
Library A P
Nursery N P
Orchard N P
Public park P P
Recreation facility,commercial C C
Recreation facility,private C N
Recreation facility,public C P
Stable,boarding N C
Utility,Transportation,Public facility,and Communication Uses
Chapter 25. 22 Special Districts 22-2 Page
ORDINANCE NO. 1324
Key: Special Zoning Special Use .._
P=Permitted;A--Administrative Use Permit; District Provisions
C--Conditional Use Permit;N=Not Permitted) P OS
Commercial communication tower C C Section 25.34.130
Electric substation C N
Fire station C P
Maintenance facility(public only) C C
Maintenance yard(public only) C C +'
Public service facility C P
Utility facility C C
Retail,Service,and Office Uses
Medical,hospital C N
Office,local government A P
Outdoor sales C N
Recording studio C N
Restaurant2 N A
Notes:
t.Govemment-supported,-funded andlor-operated only.
2.Recreation-oriented restaurants,eating and drinking places.
25.22.040 Development Standards
The development standards in Table 25.22-2 (Special District Development Standards) are
applicable to the special districts. These standards, along with other development standards
(e.g., landscaping requirements, signs, and parking standards) in this ordinance, are intended to
assist project designers in understanding the City's minimum requirements.
Table 25.22-2: Special District Development Standards
Special Zoning
District
P OS
Dimensional Requirements'
Lot area(minimum) None None
Yard requirements None None
Building height,max 35' 30'
Notes:
t.Additional requirements may be required as part of
conditional use permit or administrative use permit approval.
22-31Page Chapter 25. 22 Special Districts
r
ORDINANCE NO. 1324
Exhibit F
Chapter 25.28 —Overlay Districts
Sections in This Chapter
25.28.010 Purpose.........................................................................................................1
25.28.020 Senior Housing Overlay District.....................................................................1
25.28.040 El Paseo Overlay District...............................................................................4
25.28.060 Planned Community Overlay District..............................................................5
25.28.070 Freeway Commercial Overlay District............................................................6
25.28.080 Scenic Preservation Overlay District..............................................................7
25.28.090 Drainageway, Floodplain, Watercourse Overlay District.................................8
25.28.100 Natural Factors/Restricted Development Overlay District.............................10
25.28.110 Seismic Hazard Overlay District...................................................................10
25.28.120 Bermuda Dunes Airport Area.......................................................................12
25.28.010 Purpose
f` The overlay zoning districts established in this chapter are designed to supplement the use
regulations and/or development standards of the applicable underlying base zoning district by
recognizing distinctive areas of the City that have special and unique social, architectural, or
environmental characteristics which require special considerations not otherwise adequately
provided by the underlying base zone applicable to the property.
25.28.020 Senior Housing Overlay District
A. Purpose and Applicability. The purpose of the Senior Housing Overlay (SO) district is
to provide optional standards and incentives for the development of a wide variety of
specialized housing designed for and restricted to residents over the age of 55.
Whenever the SO has been added to a base zone, the applicant may choose whether to
use the optional SO standards or the standards of the base zone.
B. Uses Permitted by Approved Precise Plan and Conditional Use Permit. Uses
permitted by approved precise plan and conditional use permit shall be residential
retirement developments consisting of attached or detached units for rent or sale and
associated recreational facilities and involving varying degrees of support arrangements,
ranging from completely independent living, congregation, assisted, and memory care to
community food service and healthcare.
C. Development Standards. Development standards shall be flexible to ensure efficient
site planning and neighborhood compatibility and to reflect the unique requirements of
persons over the age of 55.
D. Density and Intensity.
28-1/Page Chapter 25. 28 Overlay Districts
ORDINANCE NO. 1324
1. Due to smaller unit and household sizes, project density (units per acre) shall be
determined by intensity (persons per acre) and age. ! !
2. Overall project population shall be calculated according to the following factors:
Table 25.28-1: Persons per Unit in Senior Housing
Unit Size Persons per Unit
Studio 1.25
One bedroom 1.75
Two bedroom 2.00
3. Allowable Population/Gross Acre (P/A). Density shall be equal to P/A. The
maximum density shall vary with project site area. Projects on larger sites will be
allowed greater density due to increased opportunity for common open space
and site planning efficiencies of scale.
Table 25.28-2: Allowable Population per Gross Acre in Senior Housing
Project Site Area P/A �•:.,:,,
Less than 2.49 acres 30
2.5 to 9.99 acres 40
10 acres or more + 50
4. Senior housing projects shall be divided into two age restriction classifications:
55 minimum and 62 minimum. Due to greater activity levels of age 55 projects,
allowable P/A shall be reduced by 25 percent.
5. Unit Sizes. Minimum allowable unit sizes in square feet (sf) shall vary according
to presence or absence of a common project dining facility. Each unit shall
contain, as a minimum, a kitchen including two burners, an oven, a
refrigerator/freezer, a sink, counter space, and storage.
Table 25.28-3: Unit Size in Senior Housing
Common Dining
Unit Size
With Without
Studio 360 sf 450 sf
One bedroom 500 sf 600 sf
Two bedroom 700 sf 800 sf
Chapter 25. 28 Overlay Districts 28-21 page
ORDINANCE NO. 1324
6. Example of Density and Intensity Calculations. The following table illustrates how
projects of different characteristics would calculate allowable density and
intensity limits:
Table 25.28-4: Examples of Density and Intensity Calculations
Project Permitted Unit Size
Size Permitted Population Units(assumes all 2 bedroom) (without common dining)
Age 55-62
Age 62+ Age 55-62 Age 62 +
(25% reduction)
5 acres 150 200(40 P/A) 75 100 800 sf
10 acres 375 500(50 P/A) 188 250 800 sf
E. Accessibility.
1. All second-story units shall be serviced by elevators.
2. All common areas shall be wheelchair accessible.
3. Handicapped unit design shall meet requirements for state Title 24 handicapped-
access regulations.
F. Parking Requirement.
1. Parking ratios based on age group shall be based on the following:
Table 25.28-6: Parking Required for Senior Housing
Age Minimum Parking Ratio
55 1.25 per unit
62 1.00 per unit
62+ 0.75 per unit'
1. With Commission approval according to G.2.
2. Projects which by their design appeal to age categories significantly older than
age 62 may request reduced parking requirements if it can be demonstrated that
less demand will be generated. The Commission may reduce the parking
requirement to 0.75 spaces per unit if the project applicant demonstrates less
demand to the satisfaction of the Commission.
G. Affordability Requirements. A portion of any project with 10 or more dwelling units
shall be reserved and made affordable to lower-and moderate-income residents.
28-31Page Chapter 25. 28 Overlay Districts
ORDINANCE NO. 1324
1. For projects between 10 and 99 units, 10 percent of the units shall be affordable
to lower-income residents and 10 percent to moderate-income residents.
2. Projects with 100 or more units shall be required to provide an additional 5
percent affordable to very low-income residents.
3. The total number of these controlled units shall not exceed the additional units
allowed by the SO district or the density allowed by the base zone.
4. The applicant shall be responsible for proposing the methods to achieve the
program goal, which may vary depending upon the nature of the housing and the
degree of additional services provided.
5. The Commission shall have flexibility in reviewing and approving innovative
proposals.
H. Very Low, Low, Moderate Income Defined. Very low income shall be equivalent to 50
percent of median income; lower income, 80 percent of median; and moderate income,
100 percent of median as shown on the latest US Department of Housing and Urban
Development (HUD) estimates for the Riverside/San Bernardino area or on other, more
specific HUD estimates for senior citizens.
I. Projects approved under this section must be used solely for senior citizen housing
unless special approval is granted by the Council.
J. The applicant shall, as a condition of approval, submit a maintenance bond to ensure
exterior maintenance for a period of time satisfactory to the City.
25.28.040 El Paseo Overlay District
A. Intent and purpose. El Paseo is designed as a pedestrian specialty retail/personal
services district. The success of a pedestrian commercial district is dependent upon the
creation and maintenance of a continuous succession of diverse but compatible
businesses which attract and sustain pedestrian interest. To encourage this continuous
pattern of pedestrian-oriented uses, this chapter shall regulate the type of new uses
which may occupy El Paseo street-level commercial frontage constructed after July 1,
1987.
B. Permitted uses. The following retail/personal service uses shall be liberally construed to
be permitted uses within the El Paseo pedestrian commercial overlay:
1. Art galleries
2. Book and card shops
3. Clothing and apparel shops
4. Furniture stores and home furnishings
5. Gift and accessories boutiques (including small antiques)
Chapter 25. 28 Overlay Districts 28-41 Page
ORDINANCE NO. 1324
6. Jewelry shops
7. Liquor, beverage, and food item shops
8. Luggage shops
9. Personal care/products shops and services (including barbering and
cosmetology)
10. Restaurants
11. Sundries shops (general merchandise)
r C. Conditional uses. The Commission may, by conditional use permit, approve
commercial uses not listed above if they are determined to be compatible with the intent
and purpose of this chapter.
25.28.060 Planned Community Overlay District
A. Purpose and applicability. The Planned Community Overlay district allows for the
Council to establish larger areas for coordinated land use, and master planning
purposes that may include multiple properties. Approval of a Development Plan as
outlined in Section 25.72.040 is required for approval of a development in the Planned
Community Overlay district.
B. Requirements.
1. Site area. A minimum of 100 acres shall be required for a planned community
development.
2. Master plan required. Any application for a planned community overlay zone
shall be accompanied by a master plan for the entire area covered by the
application.
3. Ownership. All land in a proposed overlay zone shall be held in one ownership or
under unified control or have the written consent or agreement of all owners of
property proposed for inclusion in the overlay zone.
4. Utilities. The existing utilities systems (water, sewer, drainage, electrical, gas,
and communications facilities) shall be adequate, or new systems designed and
constructed to adequately serve the development. Master plans for utility
systems may be required along with the application for the planned community
overlay zone if determined necessary by the Director.
C. Application. An application for an overlay zone shall be submitted by the owner, his or
her authorized agent, or the purchaser of the land with the consent of the owner. The
application shall be prepared by a qualified team of professionals and accompanied by
the required application form, master plan, submittal materials, and other information as
required by the Director.
D. Procedure.
28-51Page Chapter 25. 28 Overlay Districts
k
ORDINANCE NO. 1324
1. Upon receipt of a complete application for an overlay zone, the Department shall
review the application materials and prepare a recommendation to the `
Commission.
2. The Commission shall hold a public hearing on such application. If it finds the
criteria set forth in this chapter have been met, it may establish the overlay zone
subject to such conditions as it deems necessary. The Commission may deny
the application if it finds any of the criteria have not been met, or that the
approval of the application would be detrimental to the public peace, health,
safety, or welfare.
3. Planned community development applications shall be forwarded along with the
community master plan to the Council. The Council shall hold a public hearing
and either approve, conditionally approve, or deny the community master plan.
The decision of the Council shall be final.
E. Termination of overlay zone.
1. The overlay zone and any master plan or other material approved as a part
thereof shall become null and void if the physical development of the district is
not commenced within two years from date of adoption of the resolution
establishing the zone.
2. An extension of time, not to exceed one year, may be granted by the
Commission when extenuating circumstances can be clearly shown by the
applicant. The request for an extension of time shall be submitted to the
Commission in writing prior to the expiration date and shall clearly state the
reasons why the physical development of the district has not commenced and
such overlay zone has not been utilized.
3. Partial physical development within the overlay and/or master plan is considered
sufficient to maintain the overlay zone designation, and action by the Council in
the form of a zoning amendment is required to alter the boundaries, master plan,
or development standards.
25.28.070 Freeway Commercial Overlay District
A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone
(FCOZ) district is to provide optional standards and incentives for the development of a
variety of commercial uses. Whenever the FCOZ has been added to a base zone, the
owner/applicant may choose whether to use the optional FCOZ standards or the
standards of the base zone. In order to obtain approval of uses only permitted in the
FCOZ, the project must utilize FCOZ standards.
B. Conditional uses. Uses permitted by approved conditional use permit shall be as
follows:
1. Restaurants, general, including drive-through restaurants
2. Automobile service stations without regard to the required separation distance
provisions per Section 25.34.090 (Automotive Service Stations) „
Chapter 25. 28 Overlay Districts 28-61 Page
i
i ORDINANCE NO. 1324
i
}
3. Convenience stores
4. Car washes
5. Combinations of two or more of the above uses
6. Hotel
7. Commercial recreation and amusement establishments
8. Mini storage
9. Outdoor recreational vehicle and boat storage
C. Development standards. Projects proposed under this chapter shall be master planned
and the master plan shall be approved by the Commission prior to any construction
activity. The master plan approval is subject to the following:
1. Development of individual projects within the approved master plan shall be
processed through the precise plan process.
2. Property to be master planned shall be at least 5 acres in size and shall have
frontage on a designated arterial street.
3. Drive-up lanes and window facilities shall be designed in a manner that they are
not visible from an arterial street.
4. Development standards shall generally be flexible to ensure efficient site
planning and to foster the creation of attractive developments.
5. Automobile service stations shall comply with the requirements of Section
25.34.090 (Automotive Service Stations).
D. Required on-site parking. The required number of parking spaces for a combined
development shall be cumulative for all proposed uses. The Commission may reduce
the required parking where it is clearly demonstrated that a shared use will occur (i.e., a
restaurant which serves a hotel), or with a showing of good cause, the Commission may
increase the number of parking spaces required.
E. Setbacks. Setbacks shall be as prescribed in the base zone and!or automobile service
stations pursuant to Section 25.34.090 (Automotive Service Stations).
F. Landscaping. All master planned projects approved through the FCOZ process shall
provide a minimum of at least 30 percent landscaped open space, of which at least half
of the common usable public space can include a picnic area, a dog park, or a kids land,
as well as landscaped setback areas. With a showing of good cause, the Commission
may decrease the minimum landscaped open space requirement.
25.28.080 Scenic Preservation Overlay District
A. Purpose. It is the purpose of the Scenic Preservation Overlay (SP) district to designate
those scenic corridors that have a special aesthetic quality and to provide the
28-71Page Chapter 25. 28 Overlay Districts
ORDINANCE NO. 1324
opportunity for special standards for development in these areas to protect that quality.
This district and the related provisions may be applied according to the procedures
established in Section 25.78.030 (Amendments—Zoning Ordinance).
B. Permitted and conditional uses. Any permitted or conditional use which is allowed
within the base district requires the review and approval of the ARC which shall have
taken specific notice of the fact that such development is within a scenic corridor as
noted within the City's General Plan.
C. Development standards. At a minimum, the development standards of the underlying
base district shall apply. The ARC may apply additional standards to ensure that the
aesthetic quality of the scenic corridor is preserved. At a minimum, the ARC will consider
the following:
1. Preservation of scenic vistas
2. Setbacks
3. Landscaping
4. Building heights
5. Signs
6. Mitigation of excessive noise impacts
D. Specific standards. All SP designations added to the R-2 and R-3 residential districts
on the Zoning map shall be limited to one story, with the maximum height determined by
a line of sight study.
25.28.090 Drainageway, Floodplain, Watercourse Overlay District
A. Purpose and intent. The purpose of the Drainageway, Floodplain, Watercourse Overlay
(D) district is to designate those areas of the City that are known to be subject to
flooding. This designation and regulations herein are intended to achieve the following
objectives:
1. To prevent loss of life and property and to minimize economic loss caused by
flood flows.
2. To establish criteria for land management and use in flood-prone areas that is
consistent with that promulgated by the Federal Insurance Administration for the
purpose of providing flood insurance eligibility for property owners.
3. To prohibit occupancy or the encroachment of any structure, improvement, or
development that would obstruct the natural flow of waters within a designated
drainageway, floodway, or watercourse.
4. To regulate and control uses below the elevation of the 100-year flood flow.
Chapter 25. 28 Overlay Districts 28-8/ Page
ORDINANCE NO. 1324
B. Applicability. The D overlay district shall be applied to those areas that are known to be
subject to flooding as determined by the Council, based on recommendations by the
affected flood control district.
C. Conditional uses. The following uses and structures shall be permitted in this overlay
district subject to the issuance of a conditional use permit by the Commission:
1. New residential, commercial, industrial, and agricultural structures permitted by
the underlying district regulations involved, and when they comply with all of the
conditions listed below:
i. Flood-proofing and/or flood protective measures shall be required to be
installed in a manner meeting the approval of the chief engineer of the
affected flood control district.
ii. Building and health code requirements applicable to floodplain districts
shall be complied with.
iii. The bottom elevation or first floor of any structure shall be at least 1 foot
above the level of the 100-year flood. Exceptions may be recommended
by the building official only for nonresidential structures which are
adequately flood-proofed, in accordance with the building code, up to the
level of the 100-year flood.
iv. Landfills, improvements, developments, or other encroachment effects on
the 100-year flood level such that the water surface elevations of the 100-
year flood are increased by more than 1 foot shall be fully offset by
requirements for stream improvements meeting with the approval of the
chief engineer of the affected flood control district.
2. Public utility facilities.
3. Recreation areas, parks, campgrounds, playgrounds, fishing lakes, hunting
clubs, riding and hiking trails, golf courses, golf driving ranges, polo fields,
athletic fields, parking lots, all of which involve only the open use of land without
permanent structures or improvements.
4. Temporary and readily removable structures accessory to agricultural uses.
D. Prohibited uses. The following uses are specifically prohibited in the D district:
1. Excavations that will tend to broaden the floodplain or direct flood flows out of the
natural floodplain.
2. Landfills, improvements, developments, or other encroachments that would
increase water surface elevations of the 100-year flood more than 1 foot or that
cannot be fully offset by stream improvements.
3. Storage of floatable substances or materials which will add to the debris load of a
stream or watercourse.
28-91Page Chapter 25. 28 Overlay Districts
ORDINANCE NO. 1324
E. Development standards. The property development standards of the underlying zone
shall apply insofar as they pertain to the uses of this district.
F. Precise plan review. All development shall be subject to precise plan review as
prescribed in Section 25.72.030 (Precise Plan).
C. Special standards.
1. Development of hillside canyon areas shall not occur until hydrology is submitted
which specifies techniques for management of runoff. The exact location of
development shall include the determination resulting from a hydraulic study.
2. Other standards required under conditional use permits shall also apply.
25.28.100 Natural Factors/Restricted Development Overlay District
A. Purpose. The purpose of the Natural Factors/Restricted Development Overlay (N)
district is to provide for the continued availability of land for the conservation of natural
resources and the preservation and protection of wildlife habitat areas and areas with
significant natural vegetation as limited resources. The overlay district shall be applied
as determined to have the desired characteristics specified above as determined by the
Council through the amendment process.
B. Permitted uses. All uses permitted in the underlying district shall be permitted in this
district subject to careful consideration by the design review process of the preservation
of the unique natural element of the property.
C. Development standards. All the development standards and requirements set forth in
the underlying district shall be complied with. Additional standards for development may
be required by the precise plan review process to ensure that modification to existing
natural vegetation and any disturbance of the terrain and natural land features are
compatible with adjacent areas and will result in a minimum disruption to the wildlife
habitat and natural vegetation on the site.
D. Cost of investigations. All costs and expenses incurred as a result of the requirements
of this chapter, including the cost and expenses of an independent review of the material
submitted under this chapter by qualified persons retained by the City, shall be borne by
the applicant.
E. Site plan review. All development within this overlay district shall be subject to a precise
plan review as provided in Section 25.72.030 (Precise Plan).
25.28.110 Seismic Hazard Overlay District
A. Purpose. The purpose of the Seismic Hazard Overlay (SH) district is to protect life and
property in the City from the hazards of seismic activity and to set requirements for the
level of earthquake consideration that must be incorporated into development proposals
prior to design and construction. The overlay district shall be applied to those areas that
are known to be within the SH overlay zone.
Chapter 25. 28 Overlay Districts 28-101 page
ORDINANCE NO. 1324
B. Permitted uses. All uses permitted in the underlying district are permitted subject to the
s obtaining of a conditional use permit approved by the Commission.
P
1 C. Site development standards. All the development standards and requirements set
forth in the underlying district shall be complied with. Standards and requirements in
excess of those in the underlying district may be required in the conditional use permit to
E mitigate possible seismic-related impacts.
D. Geological soils investigation. All applications for a conditional use permit in the SH
district shall be accompanied by a combined in-depth geologic and soils investigation
prepared by a registered geologist, certified by the state as an engineering geologist,
and by a licensed civil engineer qualified in soil mechanics. Required geologic and soils
investigations shall be based on the following considerations:
1. Adequate geologic mapping, trenching, and boring to determine that surface
faulting and ground breakage has not occurred on the site and is unlikely to
occur in the future.
2. Adequate boring and field and laboratory testing to determine accurately the
subsurface profile and the static/dynamic properties of the soil/rock materials.
3. Thorough regional studies of all possible causative faults and fault systems which
could generate motions at the site.
4. Studies to determine the character of ground motions at the site.
5. Calculation of design response spectra, based on repetition, and on structural
properties (damping, ducting).
6. Careful dynamic design of cohesive structures with each element working as a
part of the entire structural system.
7. Thorough study of the ways in which the structure might disassemble if it were to
fail, and the inclusion of redundant backup features to control disassembly so
that outright collapse cannot occur.
8. Design of anchorage and bracing for all critical infrastructure systems (examples:
emergency power, heat, light, oxygen supply), based on factors derived from
dynamic analysis, providing generous and conservative safety factors. The
manufactured equipment and appurtenances purchased for such a facility should
be designed likewise.
E. Cost of investigation. All costs and expenses incurred as a result of the requirements
of this chapter, including the cost and expense of an independent review of the material
submitted under this chapter by qualified persons retained by the City, shall be borne by
the applicant for the conditional use permit.
F. Site plan review. All permitted uses, except single-family dwellings, and all conditional
uses shall be subject to precise plan review as prescribed in Section 25.72.030 (Precise
Plan).
28-111Page Chapter 25. 28 Overlay Districts
ORDINANCE NO. 1324
25.28.120 Bermuda Dunes Airport Area
FW
A. Purpose. The purpose of the Bermuda Dunes Airport Area (BDA) district is to Seismic
Hazard Overlay (SH) district is to adhere to the Bermuda Dunes Airport compatibility
regulations within the Airport Influence Boundary. The overlay district shall be applied to
those areas that are known to be within the BDA overlay zone, identified in the Riverside
County Airport Land Use Compatibility Plan Policy Document and Figure 25.29-1.
B. Permitted uses. All uses permitted in the underlying district are permitted subject to the
Riverside County Airport Land Use Compatibility Plan Policy Document.
Chapter 25 . 28 Overlay Districts 28-121 Page
ORDINANCE NO. 1324
Table 25.28-1 Bermuda Dunes Airport Compatibility Plan
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28-13/Page Chapter 25 . 28 Overlay Districts
OF LNCE NOS. 1324 & 1325
unP 2.2. i2-oI
CITY OF PALM DE ERTING DATE _
t1ED TO
DEPARTMENT OF COMMUNIT D �� ENT
p PAS:ze To 2snrrnr�a
STAFF REPOR
REQUEST: CONSIDERATION TO APPROVE A COMPREHENSIVE ZONING
ORDINANCE AMENDMENT TO CHAPTERS 25.02, 25.04, 25.10, 25.16.
25.22, AND 25.28 OF THE Cr1 Y'S ZONING ORDINANCE AND APPROVE
CHANGES TO THE CITY'S ZONING MAP TO BE CONSISTENT WITH
THE ADOPTED GENERAL PLAN
SUBMITTED BY: Ryan Stendell, Director of Community Development
Eric Ceja, Principal Planner
APPLICANT: City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
CASE NOS: ZOA/CZ 17-105
DATE: June 22, 2017
CONTENTS: 1. City Council Ordinance No. 1324 ; approving changes to the Citys
Zoning Ordinance
2. City Council Ordinance No.1.325 ; approving changes to the Citys
Zoning Map
3. Planning Commission Resolution No. 11' AVAUABLL, 1T WILL 3F: PROV1I}r.0
4. Exhibit A-Section 25.02 - "Introductory Provisions"
5. Exhibit 8 -Section 25.04- "Establishment of zoning Districts"
6. Exhibit C - Section 25.10 - "Residential Districts"
7. Exhibit D-Section 2516- "Commercial and Industrial Districts"
8. Exhibit E - Section 25.22 - "Special Districts"
9. Exhibit F-Section 2528-"Overlay Districts"
10. Exhibit Al - Updates Zoning Map
Recommendation
1. Waive further reading and pass Ordinance No. 1324 , approving updates to
the City's Zoning Ordinance as described in Exhibits "A," "B," "C," "D," "E,"
and `F" to second reading.
2. Waive further reading and pass Ordinance No. 1325 , approving Exhibit "Al"
updates to the City's zoning Map to second reading.
Strategic Plan Objective
Envision Palm Desert Forward Together is the foundational document used to develop
the General Plan. The General Plan implementations the Strategic Plan by establishing
Staff Report
ZDA/CZ 17-105 (Consistency Update: General Plan)
Page 2 of 10
June 22, 2017
"progressive land use policies and standards to support ongoing and future needs." Chapter
1 of the General Plan, "Vision and Guiding Principles" incorporates all elements of the
Strategic Plan and advances them into five guiding principles.-
1. Human Scale Design
2. Creating Lively Centers
3. Streets for All
4. Accessibility and Connectivity
5. Quality Open Spaces
The Zoning Ordinance and Zoning Map Amendments execute these guiding principles by
updating language, development standards, and use provisions within the Zoning
Ordinance to be consistent with the General Plan's. By doing so. the proposed updates
implement the Strategic and General Plan.
Executive Summary
Approval of staffs recommendation approves a comprehensive update to six (6) sections of
the City's Zoning Ordinance and amends the City's Zoning Map to be consistent with the
land use map and policies approved as part of the recently adopted General Plan. Title 7 of
the Government Code of the State of California requires that the City's Zoning Ordinance
and Zoning Map be consistent with the General Plan.
Planning Commission Recommendation
The City's Planning Commission held a public hearing to consider the amendments to the
Zoning Ordinance and Zoning Map at their meeting on June 20, 2017. At the time of printing
of this report, the Planning Commission has not taken action on the proposal and staff will
provide an update of the Planning Commission decision at the City Council public hearing.
Background
Requirements of a General Plan
For local governments, the day-to-day planning work is accomplished through hvo main
documents: The General Plan (guiding principles) and the Zoning Ordinance (often referred
to as the development code). A General Plan is required by California Government Code
(Section 65300) and is intended to lay out the future of a city's development in general
terms through a series of policy statements. Conversely, the Zoning Ordinance, required by
California Government Code (Section 65850), is intended to implement the General Plan by
translating its broad policy statements into specific requirements for landowners. The
Zoning Ordinance divides all lands in a city into zones (land use categories) and specifies
the permitted uses and required standards for each zone. Generally speaking, these two
documents are intended to work together to ensure orderly and thoughtful development
within the city.
Under state law, every local General Plan must address land use as part of a Land Use
Element. The adopted General Plan update includes a Land Use Element to establish a
Staff Report
ZOA/CZ 17-105 (Consistency Update: General Plan)
Page 3 of 10
June 22, 2017
long-term vision and policies for the development of the city over the next 20 -- 30 years.
New policies within the General Plan are progressive in their pursuit of transformational
changes to the city's land use pattern. As such, staff is proposing a number of amendments
to the C4y's Zoning Ordinance to comply with the goals and policies in the General Plan.
General Plan and Zoning Ordinance Consistency
A General Plan must be internally consistent within itself and also be consistent with the
Zoning Ordinance. The majority of legal challenges to General Plans arise from
inconsistency issues between the two documents. When amendments or changes occur to
a city's General Plan, California Government Code (Section 65860) requires a city to amend
its Zoning Ordinance "within a reasonable time"so that it is consistent with the General Plan
as adopted. Since the adoption of the General Plan In January 2017, Planning Division staff
have reviewed the Zoning Ordinance and Zoning Map to identify areas that require
amendments to be consistent with the General Plan.
Discussion
Zoning Ordinance
The adopted General Plan presents a bold new vision for the city. Chapter 3: "Land Use &
Community Character" of the General Plan establishes 13 new land use designations within
the city. These designations are grouped into three (3) categories: Neighborhoods, Districts,
and Centers. Each of the 13 land use designations include descriptions and details for that
designation's 'Intent and Purpose," 'Physical Character," "Development Intensities,"
'Allowable Uses,' "Connectivity," "General Character," and "Open Space." These
descriptions are specific in identifying land use Intensities for residential densities and
commercial lot coverages (Floor Area Ratios) and provide standards for building height
limits and allowable uses. As such, staff has reviewed each land use identified in the Zoning
Ordinance and is recommending comprehensive changes to six (6) Zoning Ordinance
Chapters:
• Chapter 25.02 — Introductory Provisions
• Chapter 25.04 — Establishment of Zoning Districts
• Chapter 25.10— Residential Districts
• Chapter 25.16— Commercial and Industrial Districts
• Chapter 26.22— Special Districts
• Chapter 25.28 — Overlay Districts
These chapters represent one-third (1/3) of the Zoning Ordinance and reflect the chapters
most impacted by the adopted General Plan. Because of the impact staff has focused on
these first six (6) chapters to make compatible with the adopted General Plan. Minor
corrections have been made to grammafical and formatting consistency issues throughout
the Zoning Ordinance chapters. Further minor amendments to the Zoning Ordinance may
be necessary and, if so, will be brought back to the City Council later this year. Below is a
description of the amendments to each chapter of the Zoning Ordinance.
Staff Report
ZOA/CZ 17-105 (Consistency Update: General Plan)
Page 4 of 10
June 22, 2017
Chapter 25.02 - Introductory Provisions
This chapter establishes the Zoning Ordinance as the comprehensive planning program
regulating land use within the City. New language is provided to the `Role of Zoning
Ordinance" and "Purpose of the Zoning Ordinance." sections to better reflect the goals and
policies contained in the General Plan. The new language added to these sections
emphasizes the "guiding principles" of the General Plan, echo Ianguage within the General
Plan, and provides a focus on walkability and connectivity throughout the dty.
Chapter 25.04- Establishment of Zoning Districts
This chapter establishes each of the zoning districts within the city and describes how each
district corresponds and relates to land use designations contained in the General Plan.
New language is added to describe residential, commercial, industrial, special, and overlay
zoning districts. In addition, new language is added to reflect new "Downtown" land use
designations established by the One Eleven Development Code (adopted simultaneously
with the General Plan). Table 25.04-1 'Zoning Districts" contains the bulk of changes to the
chapter. The table has been updated to reflect the new General Plan land use designations
and to correspond each Zoning District to the land uses identified in the General Plan.
Because of changes to the General Plan, and because certain existing Zoning Districts are
outdated, staff is proposing to eliminate the "General Commercial (Cl)" and "Study (S)"
Zoning Districts. In addition, staff is proposing to eliminate the "MediumlHigh Density
Housing Overlay' and 'Mixed Use" Overlay Zoning Districts. Details for the elimination of
the districts described above are provided in the chapter analyses described below.
Chapter 25.10 -Residential District
The General Plan identifies five (5) speck "Neighborhood" land use designations and this
chapter is amended to reflect language and development standards contained within those
General Plan land use designations. Descriptions of each "Residential Zoning District" are
updated to echo language contained in the General Plan regarding the district's character,
connectivity, and streetscape design. These descriptive changes ensure that language in
the Zoning Ordinance is consistent with language in the General Plan. The greatest change
to this chapter is reflected in Table 25.10-1 "Use Matrix for Residential Districts" and Table
25.10-2 "Residential Zoning Districts Development Standards' which have been updated to
be consistent with the General Plan.
Table 25.10-1 `Use Matrix for Residentiai Districts" is updated to be consistent with the
General Plan and other provisions contained in the Zoning Ordinance. No major changes
are identified in the "Use Matrix."
Table 25.10-2 'Residential Zoning District Development Standards' is updated to reflect
language and density allowances identified in the General Plan. Specifically, the table is
updated to provide additional building height in certain zones, and reduced lot width and
rear yard setbacks requirements for denser R-2 and R-3 land use designations.
Staff Report
ZOAICZ 17-105(Consistency Update: General Plan)
Page 5 of 10
June 22, 2017
Chapter 25.16— Commercial and Industrial Districts
The General Plan identifies eight (8) specific "District" and "Center" land use designations
and this chapter is amended to reflect language and development standards contained
within those General Plan land use designations. Descriptions of each "Office,"
"Commercial," and "Industrial' Zoning District have been updated to echo language
contained in the General Plan regarding the district's character, connectivity, and
streetscape design. These descriptive changes ensure that language in the Zoning
Ordinance is consistent with language in the General Plan. However, an overhaul of the
entire chapter is required to make it consistent with the General Plan including changes and
elimination of the following section:
• Eliminate the `General Commercial" (C-1) Zoning District
• Eliminate the "Planned Industrial" (PI) Zoning District
• Update Table 25,16-1 "Use Matrix for Commercial end Industrial District'
• Simplification of"Special Setback Requirements"
• Update Table 25.16-4 "Commercial and Industrial District Development Standards".
Eliminate General Commercial (C-1)Zoning District
Historically, the Highway 111 corridor was predominately zoned C-1. However, with the
adoption of the General Plan and the One Eleven Development Code, the entire area has
been rezoned to "Downtown" and/or 'Downtown Edge." With the rezoning, only three
properties in the city remain in the C-1 zoning district: two at the northwest corner of
Monterey Avenue and Highway 111 (former Denny's site) and, one at the southeast comer
of Cook Street and Green Way (Jensen's Minute Shoppe). The properties at the northwest
corner are identified to on the Zoning Map Amendment to be zoned Planned Regional
Commercial (PC-3) which is consistent with the rest of the properties at the Westfield Mall
site. The Jensen's Minute Shoppe site is proposed to be rezoned to Specialty Commercial
Center" (PC-1). As applied, the rezoned properties are consistent with surrounding
properties and land use designations provided in the General Plan. Planned Commercial
.(PC) zoning districts are adequate to address a range of commercial centers, and because
no other properties within the City are zoned C-1, staff proposes elimination of the zoning
designation in its entirety.
Eliminate the "Planned Industrial" (PI) Zoning District
Currently, the Zoning Map does not identify a single property zoned Planned Industrial (PI).
The existing Service Industrial (SI) Zoning District is not sufficiently different in terms of
allowed land uses and development standards from the PI zone. Staff believes that the PI
zone is not necessary as a duplicate Industrial zoning district is not warranted.
Update Table 25.16-1 "Use Matrix for Commercial and Industrial District'
This table contains the allowable land uses for each of the city's commercial and industrial
Zoning Districts. Several changes are made to reflect the language in the General Plan that
allows for a variety of mixed uses and expands certain commercial activities within those
Staff Report
ZOAICZ 17-105 (Consistency Update: General Plan)
Page 6 of 10
June 22, 2017
zones. In order to be consistent with the General Plan the table is updated to allow mixed-
use in all commercial zones subject to a Conditional Use Permit, and to permit commercial
recreational facilities and personal services within Planned Commercial zones. These types
of businesses are currently allowed in some Planned Commercial zones and allowance of
these businesses within these zones is consistent with the intent and character of the
cormercial zoning districts. In addition, staff proposes that `Hotels" be permitted uses in the
Planned Regional Commercial (PC3) Zoning District. Several hotels have been approved
and are operating within these Zoning Districts and updating the table ensures existing and
future land uses are consistent with the Zoning Ordinance and Zoning Map.
Simplification of'Special Setback Requirements"
Section 25.16.050 "Development Standards" subsection A - "Special Setback
Requirements" provides for additional setback standards for commercial and industrial
development. Staff believes these setback standards are confusing to the development
community, limited in their applicability, and rigid when applied. As such, they can have a
negative impact on the quality of future commercial and mixed-use development and staff
believes that proper site planning is impeded by these standards. The Zoning Ordinance
also provides flexibility for Planned Commercial developments and properties that require
preparation of a specific plan and these standards conflict with those provisions. Staff is
confident that the existing entitlement process is adequate to address setback concerns and
that better site planning can be achieved by simplifying this section of the Ordinance.
Update Table 25.15-4 "Commercial and Industrial District Development Standards'
This Table has been updated to be consistent with the development standards and
allowances identified in the General Plan. The table is modified to expand 'coverage"
requirements and include "Floor Area Ratios' and provides a "density range" for mixed-use
developments within commercial districts. These standards were absent from the existing
Zoning Ordinance and are provided to be consistent with the General Plan. In addition,
standards for building height and maximum stories have been updated to be consistent with
the standard provided in the General Plan. Overall, the updates to the table reflect the
standards provided in the General Plan and the updated table makes it much clearer the
standards imposed on single-use and mixed-use buildings.
Chapter 25.22- Special Districts
This chapter discusses three (3) land use designations within the city: "Public/Institutional
(P)," "Open Space (OS)," and 'Study District (S)." Staff proposes elimination of the "Study
District (S)" discussed in the chapter. This district was originally established to review areas
of "changing conditions" and applied where "inadequate zoning regulations exists." Staff
believes that this district is no longer needed as the General Plan update studied the
entirety of the city and has provided specific policy guidance for land uses and
development. The implication that "inadequate zoning regulations" exist conflicts with the
General Plan and there are no areas in the city that require refined study. In addition, the
"S" zoning designation is not on the existing Zoning Map. Staff believes that the Study
District is outdated and no longer necessary and therefore, is proposing that it is eliminated
from the Zoning Ordinance. In the future, any areas or portions of the city that warrant
Staff Report
ZOA/CZ 17-105 (Consistency Update: General Plan)
Page 7 of 10
June 22, 2017
review will follow standard Zoning Ordinance Amendment procedures identified in the
Zoning Ordinance.
Chapter 25.26- Overlay Districts
This Chapter discusses twelve (12) overlay districts and provides additional land use
guidance and development standards for a range of specialized land uses. These Overlay
Zones apply to specific areas within the City, such as the 'Freeway Commercial Overlay
Zone," the "El Paseo Overlay Zone," and the "Bermuda Dunes Airport Area." Other Overlay
Zones are much broader in their applicability and can be applied nearly anywhere in the
City, such as the "Senior Housing Overlay" and `Mixed Use Overlay." Because of the land
use designations provided for in the General Plan staff is proposing the elimination of
following two (2) Overlay Zones for consistency.
Medium/High Density Overlay District
There is no longer a need to maintain the Overlay Zone as it is much more restrictive then
the proposed land uses contained as part of this Zoning Ordinance and Zoning Map update.
This Overlay Zone was established to allow for additional density in, and around, the
"University Area" north of Frank Sinatra Drive. Much of the overlay area is now covered by
the University Neighborhood Specific Plan (UNSP). In addition, the General Plan provides
the remaining overlay areas with densities that exceed those allowed by the Overlay Zone.
As such, the provisions and additional densities allowed by the Overlay Zone are now
addressed by the adopted General Plan, are addressed in the Zoning Ordinance, and are
reflected on the Zoning Map.
Mixed Use Overlay District
The Overlay Zone is redundant and potentially conflicts with the development standards
identified in Table 25.164, and should be eliminated. This district allows for commercial and
residential mixed use within the city. Essentially, the Overlay Zone is a "floating zone" that
applies to a handful of properties and can be applied to any commercially zoned property if
requested. The Overlay also allows for additional building height should the Overlay Zone
be applied to the base Zoning District. The General Plan and the proposed Zoning
Ordinance Amendment allow for mixed-use development within all commercially zoned
property and Table 25.164 "Commercial and Industrial District Development Standards" is
updated to reflect new mixed-use standards.
Zoning Map
The city's Zoning Map is updated to reflect Figure 3.1 "Land Use Designations" of the
General Plan. The General Plan created new land use designations and provided additional
density allowances on certain residential properties, and as such the Zoning Map has been
updated to be consistent with Figure 3.1. As provided in Figure 1.1 'Degrees of Change"of
the General Plan, much of the city's zoning designations remain the same. However,
transformational changes to the northem portion of the city and the Highway 111 corridor
were approved and the new zoning designations are reflected on the Map.
Staff Report
ZOA/CZ 17-105(Consistency Update: General Plan)
Page 8 of 10
June 22, 2017
mix
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Major changes to the Zoning Map include:
• Changes to the existing "Residential Single-Family} (R1) zoning districts around the
`City Center" to 'Mixed-Residential" (R2). This includes neighborhoods north of
Highway 111, south of the Park View Drive, and generally between Town Center
Way and Deep Canyon Drive.
• Changes to the existing R1 neighborhood south of Candlewood Street and between
Cook Street and Portola Avenue to R2.
• The existing map provides parenthesis (x) that indicate the density permitted on
certain R2 and R3 zoned properties. These parentheses bare little relationship to the
densities allowed by the Zoning District and are therefore not consistent with the
Zoning Ordinance. The Zoning Ordinance has been updated to reflect the proper
density allowance for each zone and as such the parenthesis (x) system of zoning is
no longer required and has been removed from properties on the Zoning Map- In
addition, the language referencing the parentheses system has been removed from
the Zoning Map.
• The three (3) remaining C1 commercial properties; two at the northwest corner of
Monterey Avenue and Highway 111, and one at the southeast corner of Cook Street
and Green Way; are changed to PC3 and PC1 respectively.
• Changes to the former "Santa Rosa Golf Club' site from Open Space (OS) to
Planned Residential — 22 (PR-22). This change is consistent with the adjacent PR-
Staff Report
ZOA/CZ 17-105 (Consistency Update: General Plan)
Page 9 of 10
June 22, 2017
22 'Catavina" residential site and is consistent with the density range provided for
"Town Center Neighborhoods" land use designation provided in the General Plan.
• Reversion of the "Planned Commercial Development" overlay designations to
properties identified in the now expired "Wonder Palms Master Plan to their original
zoning designations of Service Industrial (SI) and Planned Regional Commercial
(PC3).
• Updates to the density allowance on the City's 128-acre parcels south of Gerald
Ford Drive from PR-5 to PR-22 to be consistent with the "Town Center
Neighborhood" land use designation provided in the General Plan.
• Providing a `split zone" for SI zoned properties along Country Club Drive between
Harris Lane and Park Center Drive, where buildings fronting Country Club are zoned
Planned District Commercial (PC2) and buildings fronting Springfield Lane continue
to be zoned SI.
Analysis
The amendments to the City's Zoning Ordinance and Zoning Map reflect the guiding
principles, policies, and land use designations contained in the adopted General Plan.
These amendments truly execute the goals and policies of the General Plan as they relate
to land use. The changes are necessary to ensure the Zoning Ordinance is consistent with
the General Plan as required by state law. The changes proposed as part of this Zoning
Ordinance Amendment represent a 113 of the total Zoning Ordinance; however, they are the
Chapters most affected by consistency issues between the General Plan and Zoning
Ordinance. Revisions to other Chapters of the Zoning Ordinance will be brought back to the
City Council at a future date.
CEO
The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the
California Environmental Quality Act (CEQA), has reviewed and considered the
amendments to the Zoning Ordinance and Zoning Map and has determined that any
environmental impacts associated with the changes have been sufficiently reviewed by the
Environmental Impact Report prepared as part of the General Plan Update.
Staff Report
ZOA/CZ 17-105 (Consistency Update: General Plan)
Page 1D of 10
June 22, 2017
Fiscal Analysis
The amendments to the Zoning Ordinance and Zoning Map have no direct fiscal impact on
the City's General Fund.
Submitted By:
Eric Ceja, Principal Planner
If
Ryan Stendell, Director of Community Develop
auri Aylaian, City Manager
ORDINANCE NO, 1324
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA APPROVING A COMPREHENSIVE ZONING
ORDINANCE AMENDMENT TO CHAPTER 25.02, 25.04, 25.10, 25.16,
25.22, AND 25.28 OF THE CITY'S ZONING ORDINANCE TO BE
CONSISTENT WITH THE GENERAL PLAN
WHEREAS, on November 10, 2016, the City Council of the City of Palm Desert
adopted a comprehensive General Plan update setting forth a 20-30 year vision and guiding
document for development of the City, and
WHEREAS, the adopted General Plan contains new land use designations that allow
for greater building height, mixed-use, and emphasis on connectivity between residential and
commercial land use; and
WHEREAS, in order to be consistent with the vision of the General Plan
comprehensive changes are required to the Citys Zoning Ordinance;and
WHEREAS, of the City of Palm Desert. California ("City Council") did on the 22"day of
June, 2017, hold a duly noticed public hearing to consider the request by the City of Palm
Desert for approval of the above noted;and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
20°i day of June, 2017, hold a duly noticed public hearing and recommended approval of the
request by the City of Palm Desert of the above noted; and
WHEREAS, the City Council of the City of Palm Desert, California has determined that
the amendments to Zoning Ordinance Chapters 25.02, 25.04, 25.10, 25.16, 25.22, and 25.28
of the Palm Desert Municipal Code are consistent with the General Plan; and
WHEREAS, at said public heating, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find
the following facts and reasons to exist to approve said request-
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California as follows:
SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing
recitals as its findings in support of the following regulations and further finds that the
following regulations are beneficial and appropriate to protect the health, safety and welfare
of the residents and businesses of Palm Desert within the City limits,
SECTION 2. Adoption of amendments to Chapter 25.02 "Introductory
Provisions" of the City's Zoning Ordinance as identified in Exhibit "A" attached to
this Ordinance.
SECTION 3. Adoption of amendments to Chapter 25.04 "Establishment of
Zoning District" of the City's Zoning Ordinance as identified in Exhlbit "B" attached
to this Ordinance.
ORDINANCE NO. 1324
SECTION 4. Adoption of amendments to Chapter 25.10 "Residential Districts"
of the Ci 's Zoning Ordinance as identified in Exhibit "C" attached to this Ordinance.
SECTION 5. Adoption of amendments to Chapter 25.16 "Commercial and
Industrial Districts" of the Ci 's Zoning Ordinance as identified in Exhibit "D"
attached to this Ordinance.
SECTION 6. Adoption of amendments to Chapter 25.22 "Special Districts: of
the Cit 's Zoning Ordinance as identified in Exhibit"E" attached to this Ordinance.
SECTION 7. Adoption of amendments to Chapter 25.28 "Overlay Districts" of
the C 's Zoning Ordinance as identified in Exhibit "F" attached to this Ordinance.
SECTION 8. SeverabilitY. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof.
SECTION 9. Publication. The City Clerk of the City of Palm Desert, Califomia, is
hereby directed to publish this ordinance in The Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, Calfomia, and shall be in full
force and effect thirty(30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 22nd day of June, 2017, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAN C. HARNIK, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
G 1pldnrCxj\E6c CeidlCase FPes\ZOAlZonin,Consistency UpdaIOCily Council Ord nance-Zoning Ord dec
ORDINANCE NO. 1324
Exhibit A
Chapter 25.02 — Introductory Provisions
Sections in This Chapter
25,02,010 Title and Purpose..................................................................................02-1
25.02.030 Scope, Interpretation, and Application...................................................02-2
25.02.040 Administrative Responsibility.................................................................02-3
25.02.050 Rules and Interpretation.................................................... .................02-5
25.02.010 Title and Purpose
A Title. This title shall be known as the Zoning Ordinance of the City.
B. Relation to the General Plan. The City Council has instituted a comprehensive
planning program in order to ensure that the anticipated growth within the City is
organized, planned, and coordinated in a manner that will not place undue burdens on
1he City in its ability to provide urban services and facilities This planning program has
culminated in the preparation and adoption of a comprehensive General Plan.
C Role of Zoning Ordinance. Chapter 12 'Work Plan" of the General Plan recommends
implementation strategies to accomplish the goals and objectives found within that
document. In order to accomplish said goals and objectives the orderly development of
the City, and the elimination of haphazard land development, is required. Among the
methods noted is a regulatory Zoning Ordinance to govern the uses of land and the
density and intensity of development.
D. Purpose of Zoning Ordinance. The zoning reguIations of the City are adopted to
protect, promote, and enhance the public health, safety, and general welfare, ensuring
that development within the City is related to the City's ability to provide essential urban
services and is consistent with the Palm Desert General Plan. More specifically, these
regulations are adopted to achieve the guiding principals identified in the General Plan
and include the following objectives:
1. Relate proposals for development to the provisions and recommendations of the
City's General Plan and ensure development is consistent with the guiding
principals of the General Plan. To meet the guiding principals development
proposals will be reviewed for their focus on: human-scale design, liveliness of
centers. complete streets, accessibility and connectivity, and quality of open
spaces.
2. Fader a harmonious, convenient, workable and connected relationship among
land uses.
3. Ensure that public and private lands ultimately are used for the purposes which
are most appropriate and most beneficial to the City as a whole.
4. Provide population densities that support and encourage pedestrian activities
such as walking and bicycling; that are connected to, and in proximity of, civic
02-11Pa9e Chapter 25 . 02 Introductory Provisions
ORDINANCE NO. 1:,"
and education uses, open spaces, and commercial and employement
opportunities.
5. Foster an environment that ensures pedestrian amenities connect the
community, are designed to accommodate pedestrians and bicyclist, and that are
convieniently located for the highest impact.
6. Forecast and plan for the City's ability to provide community facilities, utilities,
and services.
7. Ensure adequate consideration for urban design in the development process so
that new development enhances the City as it matures.
8. Provide provisions for adequate bicycle parking, off-street parking, shared
parking facilties, and off-street truck loading facilities.
9. Promote preservation of natural environmental features in the development and
use of land within the City.
10. Develop land use regulations that will encourage infill development and
redevelopment of existing sections of the City and provide for innovative
development in undeveloped areas
25.02.030 Scope, Interpretation, and Application
A. Scope of Regulations. This title is adopted to implement the stated vision and
objectives of the General Plan of the City. To accomplish these objectives the City shall
regulate the use, location, area, and dimension of sites for development: the massing
and 'height of structures, the architectural quality and appearance of buildings, uses,
structures, connectivity, signs, open space, landscaping, access and egress, off-street
parking, and other such aspects of land use which may be deemed necessary for the
public peace, health, safety, and general welfare of the people working and living within
the City.
B. Authority for Regulations. The authority for the regulations contained within this title is
based on Section 7, Article XI of the California Constitution; the provisions of the
California Planning and Zoning Law which provide for the regulation of the intensity of
land uses, and the adoption of standards for the regulation of population density; and the
police power granted to municipalities by the laws of the State.
C. Applicability and Conformity. The provisions of this title are not intended to revoke any
easements, codes, covenants, and restrictions or other existing agreements which are
more restrictive than the provisions of this title. Unless otherwise specified, existing
development is not required to comply with new regulations. Any use or development
made nonconforming by new regulations is subject to the requirements of Chapter 25.62
(Nonconforming Provisions).
D. Relation to Less Restrictive Regulations. Whenever the provisions of this title impose
more restrictive regulations upon buildings or structures and the use of them or the use
of lands or premises and require larger open spaces or yards or setbacks than are
Chapter 25 . 02 introductory Provisions 02-21 Page
ORDINANCE NO. 1324
imposed by other ordinances, the provisions of this title or the rules or regulations
included within this title shall govern.
E. Effective in Incorporated City. The provisions of this title are declared to be in effect
upon all land within the incorporated jurisdiction of the City as exists or is hereafter
changed by annexation.
F. Relationship to Prior Ordinances. Any building for which a building permit has been
issued and is valid under the provisions of earlier ordinances of the City which are in
conflict with this title may be continued and completed in accordance with the plans and
specifications upon which the permit was issued.
G. Continuity. Notwithstanding the provisions of this chapter or any other provisions of this
title, no new or additional variance, conditional use permit, or license shall be required
for any land use heretofore authorized by the City or the County by a variance,
conditional use permit, building permit, license, or tentative or final tract map, provided
there has been substantial reliance upon the governmental entitlement mentioned in this
chapter and, provided further. that conditions thereof are complied with and that
substantial construction has begun on a portion of the project.
H. Procedure Regarding Pending Action. The repeal or substitution of any ordinance
shall not affect any prosecution which may he pending in any court for the violation of
any provision of the ordinance at time of the repeal or substitution.
1. Violation of Previous Ordinances. The substitution or repeal of any ordinance is not
deemed to ratify or legalize any violation of any provision of such ordinance nor to affect
the prosecution or punishment of any person, firm, or corporation for any act done or
committed in violation of any provision of the ordinance prior to the taking effect of this
title.
J. Conviction of Crimes Continued. Any ordinance to be repealed or substituted by this
title is deemed to continue and be in full force and effect for the purpose of prosecuting
and meeting punishment for any violation presently pending in any court.
25.02.040 Administrative Responsibility
California Government Code Section 65100 requires each jurisdiction to establish a planning
agency to carry out the land use and planning functions of the jurisdiction. The functions of the
planning agency, as designated by the title, shall be earned out by the following bodies. In the
absence of an assignment, the City Council shall retain responsibility and authority as the
legislative body of the City.
A. Zoning Administrator. The Zoning Administrator shall be appointed by the Director of
Community Development and shall have discretionary review authority over permits and
entitlements as specified in the ordinance, such as large family day care use permits,
adjustments, and administrative use permits.
B. Director of Community Development. The Director, or designee, shall have the
responsibility and authority to administer and enforce this title as follows-.
02-31Pagtr Chaprvr 25. 02 1nirodLiclory Provisions
ORDINANCE NO. 1_
1. Application Process. Receive and review all applications for development
pursuant to this title. Processing includes but is not limited to the certification of
completed applications, the establishment of a permanent file. posting of public
notices, collection of applicable fees, preparation of reports, processing of
appeals, and presentation of staff reports to the Architectural Review
Commission, Planning Commission, and City Council.
2. Interpretation. Interpret the provisions and advise the public on the requirements
of this title.
3. Amendment. Initiate action for amendment of this title where it is determined that
such amendment would better implement the General Plan goals and objectives
and increase its effectiveness and/or improve or clarify the contents of this title.
4. Permit issuance. Issue administrative permits, including certifications of use and
occupancy, temporary use permits, home-based business permits and other
designated permits under this title and certify that all such permits are in full
conformance with its requirements.
5. Coordination. Refer and coordinate matters related to the administration of this
title with other agencies and City departments and provide information on the
status of all development permits.
6. Authority. Serve as the administrative zoning body and exercise that authority set
forth in California Goverment Code Section 65900 et seq.
C. City Manager. The City Manager or designee shall oversee the work of the Director and
shall exercise such other powers and duties as are prescribed by state law or local
ordinance, or as directed by the City Council.
D. Architectural Review Commission. The City has established the Architectural Review
Commission to serve as a decision-making and advisory body with the following land
use responsibilities:
1. Hear and decide applications for entitlements as provided in this ordinance, such
as architecture and landscape design review, color changes, sign permits, and
comprehensive sign programs.
2. Hear appeals of the decision of the Zoning Administrator for design review and
signs.
3. Hear and make recommendations to the Planning Commission on applications
for precise plans, certain specific plans. certain variances, and new homes for
tentative tract map applications.
E. Planning Commission. Pursuant to Califomia Government Code Section 65101, the
City of Palm Desert has an established Planning Commission. The Planning
Commission shall have the following land use responsibilities:
Chapter 25 . 02 rntroductory Provi.sinns - 02-41 P a U e
ORDINANCE NO. 1324
1. Hear and decide applications for entitlements as provided in this ordinance such
as use determinations, precise plans, , canditional use permits. condominium
conversion permits, tentative parcel and tract maps, and variances.
2. Hear appeals of the decisions of the Zoning Administrator
3. Initiate studies of amendments to this title and make recommendations to the
City Council for amendments as provided in this ordinance and in Califomia
Govemment Code Section 65653.
4. Hear and make recommendations to the City Council on applications for specific
plans, zoning amendments (ordinance and map), the General Plan and
amendments thereto, prezonings, hillside development plans, and other related
planning studies.
5. Exercise such other powers and duties as are prescribed by state law or local
ordinance, or as directed by the City Council.
F. City Council. The City Council is the legislative body of the City and shall have the
following land use responsibilities:
1. Hear and decide all appeals.
2. Hear and decide applications for permits and entitlements as identified in this
ordinance, such as specific plans, zoning amendments (ordinance and map),
General Plan updates and amendments, prezonings, hillside development plans,
and development agreements.
3. Direct planning-related policy amendments and special studies as necessary or
desired.
4. Exercise such other powers and duties as are prescribed by state law or local
ordinance.
25.02.050 Rules and Interpretation
The Director of Community Development shall have the authority and responsibility to interpret
terms, provisions, and requirements of this code in accordance with the rules listed below.
A Abbreviations. The following phrases, personnel, and document tltles are shortened in
this code:
1. City of Palm Desert = City
2. Director of Community Development = Director
3 Zoning Administrator= ZA
4. Architectural Review Commission =ARC
5, Planning Commission = Commission
02-51Paye Chapter 25. 02 lu trod uctor3, Provisions
ORDINANCE NO. 1__ .
6. City Council = Council
7. Community Development Department = Department
B. Terminology. The following rules apply to all provisions in this code:
1. Language. The words shall," "will," "is to,' and `are to" and similar words and
phrases are always mandatory. "Should" is not mandatory but is strongly
recommended, and `may" is permissive_
2. Tense and number. The present tense includes the past and future tense, and
the future tense includes the present. The singular number includes the plural,
and plural numbers include the singular unless the natural construction of the
word indicates otherwise.
3. Conjunctions. 'And" indicates that all connected items or provisions shall apply.
"Or' indicates that the connected items or provisions may apply singly or iri any
combination. "Either...or" indicates that the connected items and provisions shall
apply singly but not in combination. "Includes" and "including" shall mean
`including but not limited to "
4. Number of days. Whenever a number of days are specified in this code, or in any
entitlement, condition of approval or notice issued or given as provided in this
code, the number of days shall be construed as calendar days, unless business
days are specified. Time limits will extend to the following business day when the
last of the specified number of days falls on a day that the City is not open for
business.
C. Minimum Requirements. All provisions of this code are considered to be minimum
requirements, unless specifically stated otherwise.
D. Calculations — Rounding. Where any provision of this code requires calculation to
determine applicable requirements, any fractionaI/decimal results of the calculation shall
be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is
rounded down).
E. Zoning Regulations. Any list of any item, including zones or uses, is exclusive. tf a use
or other item is not fisted, it is not permitted unless the use is determined to be similar to
a listed use or use category.
F. Zone Boundaries. Where uncertainty exists as to the boundaries of any districts shown
on the official zoning map, the rules established under section 25.04.030 (Zoning Map)
apply,
G. Consistency of Text and Diagrams. Diagrams are provided within this code to
illustrate the requirements of the zoning code's text. In the event of convict between the
text of this code and provided diagrams, the text shall determine the City's regulations.
H. Conflicts with other Regulations. Wherever convict occurs between the provisions of
this title and any other provision of law, the more restrictive of any such provisions shalt
apply.
Chapter 25 . 02 Introductory Provisions 02-61 Payu
ORDINANCE.NO._1324
Exhibit B
Chapter 25.04— Establishment of Zoning Districts
Sections in This Chapter
25.04.010 Purpose.................................................................................................04-1
25.04.020 Zoning Districts......................................................................................04-1
25.04.030 Zoning Map................................................... ..........04-3
25.04.010 Purpose
This chapter establishes the framework for zoning districts within the city and their relationship
to the City's General Plan land use categories. This chapter also establishes the zoning map as
the official designation of zoning district boundaries.
25.04.020 Zoning Districts
The City is divided into zoning districts that are generally grouped into six categories: (A)
residential districts, (B) commercial districts, (C) industrial districts, (D) downtown districts, (E)
special districts, and (F) overlay districts. These districts implement the City's General Plan land
use categories as described in Table 25.04-1 (Zoning Districts). Each zone is further defined
and regulated in the subsequent sections of this chapter.
A. Residential Districts. Residential districts provide appropriately located areas for
residential living at a range of population densities consistent with the General Plan.
Development standards are in place to provide residential areas with sound standards of
public health and safety, and provide space for semipublic facilities needed to
complement urban residential areas, and for institutions that require a residential
environment.
B. Commercial Districts. Commercial districts provide appropriately located areas for
retail stores. offices, service establishments, amusement establishments, and
businesses, offering commodities and services required by residents and visitors of the
City and the surrounding market area. Development standards for specific land uses are
in place to ensure that these areas function appropriately and are compatible with
surrounding land uses.
C. Industrial Districts. The industrial districts allow for the manufacture, distribution, and
service of products intended primarily for local use within Palm Desert, its sphere of
influence, and surrounding communities. Land uses permitted in industrial districts also
include research and development facilities and high-caliber technological centers.
Development standards are included to ensure that industrial uses do not conflict with
the overall character of a community and are compatible with surrounding uses.
D. Special Districts. Special districts allow for the protection of open space and the
establishment or expansion of public facilities or change in the use of lands owned.
leased, or otherwise controlled by governmental agencies. Certain special districts also
allow for the establishment of quasi-public institutional uses, and the reservation of areas
04-11Page Chapter 25. 04 Estabfisftment of Zoning Disli,icis
ORDINANCE NO. 1__ .
for parks, public or private recreation, open space, and related governmental public
uses.
E. Downtown Districts. The downtown district is intended for the development of high
intensity multi-story (3-5 stories) mixed-use development centered around the
intersection of San Pablo Avenue and Highway 111, inclusive of El Paseo, and
expanding east to west from Deep Canyon Road to Monterey Avenue. Development
standards are included to allow building types that facilitate the creation of a sense of
place, provide for high levels of pedestrian connections and interaction, and emphasize
small block sizes and building form.
F. Overlay Districts. The purpose of the overlay districts is to allow the City to adequately
provide for special environmental constraints and to provide additional flexibility of
development standards for desired development within the City. Furthermore, overlay
districts are utilized.-
1. To allow more flexibility from the standard provisions of the underlying base
zone.
2. When special provisions are needed to protect unique site features or implement
location-specific provisions.
3. To specify a particular standard or guideline for an area.
In the event of a conflict between an overlay district and any base zoning district
(residential, commercial, industrial, or special district) the provisions of the overlay
cistrict apply.
Table 25.04-1: Zoning Districts
Symbol Zoning District Name/Descrtption General Plan Land Use Designation
Implemented by Zoning District
Residential Zoning Districts
RE Fstate Residential Rural Neighborhood
R-1 N, Sing'o FamilylNlobilo Homc Rcsidcn ial Conventional Suburban Neighbor;ricod, Small
Town Neighbortwod
R-1 Sing'e-Family Residential Conventional Suburban Neighborhood
R-2 I„tixed Residential Small Trnvn N6ghtxxhnod
R-3 Mulli-Family Residential Small Town Neighborhood, Town Center
Neighborhood
HPR Hillside Planned Residential Rural Nejghbo-hocd
PR Planned Residential - Tm%,n Center Ne ghbort nod. Resort and
Entertainment
Commercial Districts
OP I Office Professional District Employment
PC Planned Commercial Districts Varies
PC-1 i Specialty Commercial Center Neighborhood Center
Cf, apter 25 . 04 Esta tip Iishinenl of Zonng DisIiicts 04-21 Page
ORDINANCE NO. 1324
Symbol I
Zoning District NamorDescription General Plan Land Use Designation
Implemented by Zoning District
P(-,-2 Disinct Commercial Center I Suburoan Retail Center
PC-3 Regional Cente.- Regional Retail
PC-4 Rescrt Cefite• Resort and Entertainment
Industrial Districts
SI Service Industrial District I Employmery, Industria`
Downtown
r) Downtown Downtown
DE J Downtown Edge _J C:nwntown
Special Districts
P PublicJlnsiitutional District I Public Faalityrinstitution
OS Open.Space District Opefr Space I'OS)
Overlay Districts
DO Domxcwn Core Overlay Downtown
DLO Downtcwn Edge Transition Overlay Downtnvm
SO Senior Housing Overlay Vanes
MU N9xed Use Overlay Varies
EP I El Payer Pedestrian Ccmmefdal Overlay Downtown
SP I Scenic Preservation Overlay Varies
D Dminageway, Flrodalain,Wate-cow-e Overlay Open Space
N Natural FeatweslResinctec Development Cver;ay Varies
=COZ Freeway Commcrcia!Overlay Zone ! Varies -1-10 Interseacns
BDAA Bermuda Dunes Alrpo~,Area Washington Street area See map on file
25.04.030 Zoning Map
The City of Palm Desert Zoning Map (hereafter referred to as the Zoning Map) is the official
designation of zoning district boundaries on real property within the City. The Zoning Map shall
be regulated as set forth below.
A Incorporated by Reference. The Zoning Map is hereby incorporated into this zoning
code by reference as though it were fully included and as adopted by the City Council.
B Map Amendments. Amendments to the Zoning Map shall follow the process
established in Section 25.78.040 (Amendments—Zoning Map).
C. Relationship to General Plan and other Plans. The Zoning Map shall implement and
shall be consistent with the City's adopted General Plan. The Zoning Map shall be
specifically consistent with the General Plan land use plan and any adopted specific
plans.
D. Zoning District Symbol. Zoning districts shall be illustrated on the Zoning Map as
follows:
04-31Pnge Cheater 25. 04 Establishment of .Zoning Districts
ORDINANCE NO. 1
1. Each residential, commercial, industrial, downtown, or special zoning distnct shall
be described on the Zoning Map by use of its identified zoning district symbol, as
listed in Table 25.04-1 (Zoning Districts).
2. Overlay districts shall be designated by their representative symbol along with
any related residential, commercial, industrial, downtown, or special base zoning
district in a format determined by the ZA.
E. Zoning Map Interpretation. If there is uncertainty about the location of any zoning
district boundary shown on the Zoning Map, the precise location of the boundary shall be
determined by the zoning Administrator as follows'
1, The boundaries of a zoning district shall be the centerlines of either streets or
alleys, or lot lines of real property, unless otherwise shown Where a district's
boundanes approximately follow centerlines or lot lines, those lines shall be
interpreted as the district boundaries,.
2. If a district boundary divides a parcel and the boundary line location is not
specified by distances printed on the Zoning Map, the location of the boundary
shall be determined by the ZA. Each portion of the property shall be developed to
the standards and allowed use provisions of the applied zoning district and any
applied overlay or special zone(s).
3. Where the street layout on the ground or the lot lines differ from such layout or
lines shown on the zoning map, the ZA shall determine the exact boundary and
the map shall be amended to conform to the layout on the ground.
4. Where a public street or alley is officially vacated or abandoned, the property that
was formerly in the street or alley shall be included within the zoning district of
the adjoining property on either side of the centerfine of the vacated or
abandoned street or alley.
Chapter 25. 04 Establishment of .Zorzig 6i5triCrs 04-41 Pa ye
ORDINANCE NO._13.24
Exhibit C
Chapter 25.10- Residential Districts
Sections in This Chapter
25.10.010 Purpose ................................................................................................10-1
25.10.020 Characteristics of the Residential Districts ...........................................10-1
25.10.030 Allowed Land Uses and Permits Required ...........................................10-2
25,10.040 Specific Use Standards.........................................................................10-4
25.10.050 Development Standards........................................................................10-7
25.10.010 Purpose
The purpose of this chapter is to establish residential zoning districts in the City, along with
allowed use and development standards applicable to those districts. These districts are
consistent with and implement the City's General Plan neighborhood land use categories as
indicated in Table 25.04-1 (Zoning Districts).
25.10.020 Characteristics of the Residential Districts
The following descriptions of each residential district identify the characteristic uses, density,
intensity of uses and the types of development intended for that district.
A. Estate Residential District (RE). The district is intended to provide low intensity and
neighborhood development (0.5 - 1.0 du/ac) and generally is characterized by limited
development on large properties and preservation of natural features and open space.
B. Single Family / Mobile Home Residential District (R-IM). This district provides for
the permanent placement and occupancy of single family dwelling units, factory built or
manfucatored dwelling units and mobile homes for residential purposes on purchased,
rented or leased lots. The district is characterized as having moderated density (4.0 -
7.0 du/ac)focused around community space and amenities with walkable streetscapes.
C. Single Family Residential District (R-1). The intent of this district is to encourage the
preservation and development of traditional residential neighborhoods. The district
provides for low intensity development (2.0 - 8.0 dulac) generally characterized by
single-family homes on medium-sized lots and limited or small multi-family dwelling units
organized around formal and walkable streetscapes.
D. Mixed Residential District (R-2). The intent of this district is to provide moderate
intensity and density (3.0 - 10.0 dulac) for neighborhood development. Neighborhoods
are characterized by a variety of housing choices and mixed-uses Buildings are
organized around formal and walkable streetscapes with high levels of pedestrian
connectivity.
E. Multifamily Residential District (R-3). The intent of this district is to provide suitable
areas for moderate to higher intensity and density (7.0 - 40.0 du/ac) for residential
development and small scale commercial acbvity.The zoning distinct is characterized by
higher density residential development and mixed-uses in proximity to retail and
10-11Page chapter 25 . 10 Residential Districts
ORDINANCE NO. 1, ,--,
commercial services. Buildings are organized around formal streetscapes with a variety
of plazas and other pedestrian amenites and open spaces that are highly connected to
surrounding development.
F. Hillside Planned Residential District (HPR). The purpose of the hillside planned
residential district is to provide for the lowest intensity (0.2 du/ac) of residential
development by minimizing the grading of hillside areas and to preserve the natural
contours of the land by avoiding extensive cut and fill of slopes that result in a padding or
staircase effect within the development This distnct is characterized by the preservation
of natural features and protected viewsheds, architecture and landscape design that
blends with the natural terrain, and informal and natural streetscapas that follow the
topography of the land.
G. Planned Residential District (PR). The purpose of this district is to provide for
flexibility in residential development, by encouraging creative and imaginative design,
and the development of parcels of land as coordinated projects involving a mixture of
residential densities (4.0 — 40.0 du/ac), mixed housing types, and community facilities.
The distnct is charactersized as providing for the optimum integration of urban and
natural amenities within developments and is organized around formal, walkable, and
highly connected streetscapes.
25.10.030 Allowed Land Uses and Permit Requirements
Table 25.10-1 "Use Matrix for Residential Districts" below identifies larid uses and
corresponding permit requirements for residential distracts and all other provisions of this Title.
Descriptions/definiIions of the land uses can be found in Chapter 25.99 "Detinitions'. The
Special Use Provisions column in the table identifies the specific chapter or section where
additional regulations for that use type are located within this Title.
Use regulations in the table are shown with a representative symbol by use classification listing:
"P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an
administrative use permit, "L" symbolizes uses that require approval of a large family day care
use permit, `C" symbolizes uses that require approval of a conditional use permit, and "N"
symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the
Commission may make a use determination as outlined in Section 25.72.020 (Use
Determinations).
Table 25.10.1: Use Matrix for Residential Districts
Residential Zoning District
(P=Permitted; A=Administrrtive Use Permit; L-Largo Special Use
Fatuity Day Care Use Permit; Conditional Use Provisions
Permit;N=Not Permitted
RE R-1 R-2 R-3 RAM I HPR PR
Residential Uses
Assisted Living N C C i C N I N C
Condominium N N C C N N C
Dwelling, duplex N N P P N N N
Dwelling, multifamily N N P P N N N 25.10,040.A
Chapter 25 . 10 Residential Districts 10-21 Page
ORDINANCE NO. 132,,
Residential Zoning District
(P=Permitted; A=Administrative Use Permit; L=Large Special Use
Family Day Care Use Permit; C--Conditional Use Provisions
Permi N■Not PermMed) i
RE R-1 R-2 R-3 R-IM HPR PR
Dwelling, second P P P P N P P 25.34 030
Dwelling, singe-family P P P N N P P
Farmworker housing N N N N N N I N i
Grouo home P P P N N P N 25.10.0403
Guest dwelling P P P N N P P
Home-based business P P P P P P P
Manufactured hone parks N N N N C N N
Planned unit development. N N C C N C C 25.10.040 C
resicerilial ---— ---- -- -
Transitional and supportive housing spe footnote 1
Agriculture-Related Uses j
!Apiary P P P I N T N I P P
Botanical conservatory A I N N l N N N N
Crops and ho,t;culture, limited A N N N N N N
Domestic animals P P P P P P P
Garden, private P P P P P P P
Greenhouse, commercial C N N N N N
Greenhouse, private P I P P A A P P
Horticulture. private P P P P P P P
Kennel C N N N N N C + 25.10.040 D
Livestock raising. noncommercial C N N N N N N
Nursery C N N N N N N
Orc hard A I N N N N N I N
Sable, boarding A N N N N N N 25.10.040.E
Stable, private A N N N N N N 25.10.040.E
Recreation, Resource Preservation, Open Space, and Public Assembly Uses
Cemetery N N N N N N C
Community facility N N N N N N C
Club. private N N C C N N ! C
Crematory N N I N N N N N
Day care, large family L L L L L L L 25.10.040.F
Day care, small family P + P P P P P P
Institution,educadonal2 C C C C C N I C
Institution,general N N N C N N C
10-31Page Chapter 25 . 10 Residential Distrir. ts
ORDINANCE NO. 1>e-w
-Residential Zoning District f
(P-Permitted; A-Administrative use Permit; L=Largo Special Use
Family Day Caro Use Permit; C--Conditional Use Provisions
Permit: N-Not Perm tted
RE R-1 R-2 R-3 RAM HPR PR
ins?itution, religions C C C C N N C
Public park i P I P P P P P P
Recreational use, commercial N I N N N N N C 25.10.040.G
Recreational vehicle park N N N N I C N C
Recreation facility, commercial N N N N N I N N
Reueation facility, incidental C i C C C I C N C 25 10.040.H
Recreation facility. private P N N I P P N P
Recreation facility. public C C C I C C N C
Utility,Transportation, Public Facility,and Communication Uses
Electric substation N N N N N N N
Fire station C C C C N N C
Public service facility C C C I C C N N
Public utility C C G C C N N
Utility facility N N N N N N C
l Retail,Service, and Office Uses
Bed and breakfast C N N C N N N
Commercial parking lut N C N + C N N N 25,10.040.1
Condormfiluin hotel, cunverted N N C C N N C
Hospital N N C C I N N C
Hotel N N I N C N N N 125.10.040.J
Neighborhood government office N N C C N N N 25.10.040A
Office parking lot N ( C C C N N N 25.10.0401
Professional office N N C C N N N 25 10.040 tit
Resort hotel N N N C N N C 25.10 NO.J
Timeshares N N N N N N C
Temporary Uses
See Section 25.34.080
�ocrnores:
1 Trant?i�na!and supp;.rtFre ho«s�char!t:e.ur�irct to rn.�;h»sr.mstricY%ms that a�nly to o'!�r rnsr+an;mil uses of tree sa.T,e ryFe
in the sar:e zo-e.
2. Yrado schocis ara rot po mitred
25.10.040 Specific Use Standards
Tho following provisions apply as indicated to the uses listed in Tabie 25.10-1 (Use Matrix for
Residential Districts):
Chanter 25. 10 Residential Districts 10-4 1 Page
_ORDINANCE NO. 132ti
A. Multifamily. Multifamily dwelling units are permitted within the R-2 district up to a
maximum of 10 dwelling units per acre, or as indicated on the zoning map. Multifamily
dwelling units are permitted within the R-3 district up to a maximum of 40 dwelling units
per acre, or as indicated on the zoning map.
B. Group Home. When permitted according to Table 25.10-1 (Use Matrix for Residential
Districts), group homes are limited to six or fewer residents.
C. Planned Residential. Cluster development and/or condominiums are permitted as part
of a planned development.
D. Kennel. Excluding domestic pets, all boarding for animals or fowl must be at least 100
feet away from any neighboring residential home.
E. Stables. The stabling of horses (or mules) is permitted with an administrative use permit
in the residential estate district subject to the following provisions:
1. Two standard horses (or mules)over 14.2 hands, 58 inches shall be permitted on
a lot of 40,000 square feet minimum area with a total number of horses all sizes
not exceeding three. (This would allow one additional pony or the temporary
keeping of one foal)
2. Horses must be kept within a corral and/or enclosed stable of the following
minimum dimensions:
i. Corral. 288 square feet per horse; minimum dimensions of 12 by 24 feet,
and one-third shaded.
ii. Stable. 144 square feet, minimum dimension 12 feet by 12 feet per horse.
Stable shall be ventilated for the desert environment.
iii. Construction. Corrals and stables shall be constructed of material and in
such a manner to adequately contain the horses.
3. Barns, corrals or stables constructed to maintain horses shall be located not less
than 35 feet from any residence or habitable structure on the same lot and not
less than 50 feet from any residence or habitable structure on adjacent lots.
Barns, corrals, or stables may be located within 50 feet of a front property line if
the finding can be made that the design and appearance of such structures are
compatible with surrounding properties. No horses shall be permitted within 100
feet of an adjacent property not zoned RE (i.e., R1, O.P.. PR).
4. Animal manure shall be stored in appropriate receptacles and property disposed
of not less than once per week.
5. Bams, corrals, or stables shall be cleaned and maintained such that dust, flies,
and odors shall not create a nuisance for adjacent properties and not less than
once per day.
10-SIPage Chapter 25. 10 Residential Districts
ORDINANCE NO. 1� ,
F. large Family Day Care. Large family day care facilities require the issuance of a large
family day care use permit in accordance with Section 25.64,020. and are permitted
subject to the following requirements-
1. Space and concentration. Properties proposed for use as large family day care
homes shall be located no closer than 300 feet in all directions from another
large family day care home. An adjustment may be granted according to Chapter
25.64.030 (Adjustments) of this ordinance to reduce this distance to no more
than 100 feet.
2. Traffic control. A traffic circulation plan shall be designed to diminish traffic safety
problems. Residences located on major arterial streets (as shown on the General
Plan circulation map) must provide a drop-off/pick-up area designed to prevent
vehicles from backing onto the arterial roadway. The applicant may be required
to submit a plan of staggered drop-off and pick-up time ranges to reduce
congestion in neighborhoods already identified as having traffic congestion
problems.
3. Parking. All homes used for large family day care facilities shall provide at least
three automobile parking spaces, no more than one of which may be provided in
a garage or carport. Parking may be on-street if contiguous to property. These
may include spaces already provided to fulfill residential parking requirements.
4. Noise control. Operation of the facility shall comply with all provisions of Chapter
9.24 (Noise Control) of the Palm Desert Municipal Code. Additional conditions
may be placed on use permits to reduce noise impact if ongoing problems exist.
5. Signage No signs or other exterior markings identifying a large family day care
operation shall be allowed on the applicant's home.
6. Residency. The applicant must be a primary resident of the home that is
proposed as a large family day care home.
7. Contact Person, The current name(s) and telephone number(s) of the applicant,
and all other operators if different from the applicant, of the family day care home
shall be on file with the City at all times.
8. State Licensing. All appropriate licensing from the California Department of
Social Services shall be obtained prior to commencing operation of any large
family day care home in the City.
9. Building and Fire Code Compliance Consistent with Section 1597.46 of the
Health and Safety Code, the proposed large family day care home must comply
with all building and fire code provisions applicable to single-family residences,
and with such additional standards as the State Fire Marshal, from time to time,
adopts pursuant to Section i597.46(d)of the Health and Safety Code to promote
the fire and life safety of children in large family day care homes. (See Title 22 of
the California Code of Regulations.)
10. Smoking Restricted Consistent with Section 1596.795 of the Health and Safety
Code, smoking of tobacco and other substances—whether in pipe, cigar, or
Chapter 25. 10 Residential Districts 10-61 Pig
ORDINANCE NO. 1324
cigarette form—shall not be allowed in the applicant's home during its hours of
operation as a large family day care home with respect to those areas of the
home where children are present.
11. Proof of Control. No use permit shall be issued unless the applicant can
demonstrate legal authority and control over the real property proposed to be
used as a large family day care home.
G. Recreational Use, commercial. Commercial recreation uses are limited to the PR zone
only with the issuance of a conditional use permit when not directly related to a permitted
residential development.
H. Recreation Facility, incidental. Limited commercial uses are authorized as part of this
use classification which are commonly associated with and directly related to the primary
use.
1. Commercial Parking Lot. Parking lots that service commercial establishments are
permitted within 300 feet of the related commercial establishment.
J. Hotel and Resort Hotel. In the R-3 zoning district, these uses are permitted up to a
maximum of 40 units per gross acre with the issuance of a conditional use permit. In the
PR zoning district, the maximum density shall be approved by the Commission or
Council.
K. Government Office Building. Small neighborhood government office buildings are
permitted up to 5,000 square feet in size.
L. Office Parking Lot. Parking lots that serve office developments are permitted when
located directly adjacent to the office professional zone and consistent with
recommendations of the General Plan.
M. Professional Office within Residential District. These uses are permitted with the
issuance of a conditional use permit, provided property to be developed is abutting or
across the street, or across an alley from commercially zoned property. Residential
development standards are to be used to ensure compatibility.
25.10.050 Development Standards
The development standards on Table 25.10-3 (Residential Zoning District Development
Standards) are applicable to the residential zoning districts. These standards, along with other
development standards (e.g., landscaping requirements, signs, and parking standards) in this
title, are Intended to assist property owners and project designers in understanding the City's
minimum requirements and expectations for high-quality development.
A. Hillside Planned Residential Development Standards. The following standards must
be met prior to the approval of a hillside development plan as described in Section
25.7s.020:
1. Density. Each lot shall be limited to a maximum of one unit per five acres. All lots
will be entitled to at least one unit.
10-71Page Chapter 25 . 10 Residential Districts
ORDINANCE NO. 1; , ,
2. Grading. Location of building pads and access roads shall be evaluated,
approved, or adjusted based on consistency with the following.
i. Preserved natural contours of the land to avoid extensive cut and fill
slopes to reduce the need for a staircase effect within developments.
ii. Architecture and landscape design which blends with the natural terrain to
the greatest practical extent.
iii. Retention and protection of undisturbed viewsheds, natural landmarks,
and features including vistas and the natural skyline as integral elements.
iv. Building Pad Area The maximum area permanently disturbed by grading
shall not exceed 10,000 square feet.
v. Access Road or Driveway. Maximum permanent grading disturbance of
natural terrain for development of access to the approved building pad
shall be 3,000 square feet. Roads shall he located and designed to blend
with the natural terrain to the greatest practical extent consistent with the
grading provisions listed in paragraph 2 above.
vi. Renaturalization. All cuts, fills, or other areas temporarily disturbed by
grading shall be re-naturalized. colored, and landscaped to blend with the
adjacent undisturbed natural terrain to the satisfaction of the City council.
3. Maximum Dwelling Unit Size. Total dwelling unit, garage and accessory building
size on any one lot shall not exceed 4,000 square feet.
4. Exception. The standards of subsections A.1 through A.3 of this section shall be
required unless modified by one of the following:
i. Precise Plan. The Commission and Council may approve a precise plan
of design through public hearing process that modifies the standards in
subsection AI through A 3_ Said precise plan shall take into
consideration any and all circumstances, including, but not limited to,
viewshed, topography, color, texture, and profile of any structure that the
Commission or Council may determine to be in conformity with the
purposes set forth in this section.
5. Previously approved existing building pads shall be subject to the standard
coverage limitations of 35 percent, which may be increased up to 50 percent with
ARC approval. Any change to an existing approved building pad shall require a
new public hearing subject to the provisions of this chapter.
6. Development on or across ndges is prohibited.
7. Building pads and architecture shall be designed to eliminate or minimize any
visual impact on the City to the maximum extent feasible.
Ghnpter 25. 10 Residential Qisfrir. ts 10-81 Pa 54e
ORDINANCE NO. 132,.
8. All common open space shall be preserved for that purpose as shown in the
development plan. The developer shall choose one or a combination of the
following three methods of administering common open space:
i. Dedication of common open space to the City, which is subject to formal
acceptance.
ii. Establishment of an association or nonprofit corporation of all property
owners or corporations within the project area to ensure perpetual
maintenance of all common open space.
iii. Retention of ownership, control, and maintenance of all common open
space by the developer, all privately owned common open space shall
continue as such and shall only be used in accordance with the
development plan; appropriate land use restrictions shall be contained in
all deeds to ensure that the common open space is permanently
preserved according to the development plan: said deed restrictions shall
run with the land and be for the benefit of present as well as future
property owners. and shall contain a prohibition against partition of
common open space.
9. Design Criteria. The following design criteria are established:
i. The overall plan shall achieve an integrated land and building
relationship.
ii. Open spaces, pedestrian and vehicular circulation facilities, parking
facilities, and other pertinent amenities shall be an integral part of the
landscape and particular attention shall be given to the retention cf
natural landscape features of the site.
iii. The layout of structures and other facilities shall effect a conservation in
street and utility improvements.
iv. Recreational areas, active and passive. shall be generally dispersed
throughout the development and shall be easily accessible from all
dwelling units.
v. Architectural unity and harmony within the development and with the
surrounding properties shall be attained.
13. Planned Residential District Standards.
1. Purpose. It is the purpose of the PR district to provide for flexibility in
development, creative and imaginative design, and the development of parcels of
land as coordinated projects involving a mixture of residential densities and
housing types, and community facilities. The PR district is further intended to
provide for the optimum integration of urban and natural amenities within
developments. The PR district is also established to give a land developer
assurance that innovative and unique land development techniques will be given
reasonable consideration for approval and to provide the City with assurances
10-81Page Chapter 25. 10 Residential Districts
I
ORDINANCE NO. 1o«
that the completed project will contain the character envisioned at the time of
approval.
2. Filing Procedure. To initiate the review process, the applicant shall file
applications for a change of zone (if needed) to a PR district along with a precise
plan, tentative tract/parcel map and supporting environmental documentation.
3. Maximum Project Densities. The maximum project density shall be as expressed
in dwelling units per gross acre of not more than the number following the zoning
symbol PR. The Council shall determine the densities to be allowed within each
PR district at the time the involved properties are rezoned and as designated on
the zoning map within the following range: one to 40 dwelling units maximum per
average gross acre. The density designation shall mean dwelling units per
average gross acre. For example, PR-7 means a planned residential
development with seven units per gross acre.
4. Maximum Density for 'Affordable Projects." For projects containing at least 20
percent units affordable to low income households as defined by the Riverside
County Housing Authority, a maximum density of 55 dwelling units per acre may
be allowed by precise plan. To be eligible for this program, the developer must
enter into a development agreement which will tie the zoning designation and the
precise plan approval to affordable housing performance standards.
5. Development Standards Applicable. All areas within the project site shall be
subject to the following:
i. The standards for development of PR districts set forth in this chapter and
any supplemental standards for the planned community designated in the
precise plan.
ii. Off-street parking and loading requirements. All parking and loading shall
comply with the provisions of Chapter 25.46.
iii. Utilities. For provisions regarding utilities, see Section 25.40.120.
iv. Signs All signs shall be in compliance with Chapter 25.56.
v. Outside storage. No outside storage shall exceed the height of actual
perimeter screening.
vi. Screening. All screening requirements for developments within the PR
district shall be determined by the ARC during review of the precise plan.
vii. Trash handling. Trash handling facilities shall be provided for all
developments within the PR district with the exception of single-family
detached dwellings. A trash enclosure will be provided for all but
excepted uses, unless the proposed location of the trash area is
completely enclosed by walls or buildings. The freestanding trash
enclosure shall be constructed of masonry block. No trash shall be
allowed to extend above or beyond the enclosure.
Chapter 25 . 10 Residential Districts 10- 10 1 Page
ORDINANCE NO. 132,.
6. Site Plan Review. Review of a site plan by Planning Department staff shall be
required before a building permit is issued for any development in the PR distnct.
7. Special Standards. In addition to requiring all development plans to comply with
the following special standards the Council and/or Commission may impose such
other conditions to the development plan as it deems necessary or desirable in
carrying out the general purpose and intent of this chapter.
1. Minimum Project Area. Projects of less than 7 dwelling units per acre
shall have a minimum area of 5 acres. Projects of 7 to 18 dwelling units
per acre shall have a minimum area of 10 acres. Projects with 18+
dwelling units per acre shall have a minimum area greater than 10 acres.
ii. Minimum Project Width. Projects of less than 7 dwelling units per acre
shall have a minimum width of 200 feet. Projects of 7 to 18 dwelling units
per acre shall have a minimum width of 250 feet. Projects with 18+
dwelling units per acre shall have a rninirnum width greater than 300 feet.
iii. Minimum Project Perimeter Setback. The minimum perimeter setback
shall be 20 feet from all property lines adjacent to existing or propcised
public streets.
iv. Minimum project building coverage. Projects of less than 7 dwelling units
per acre shall have a maximum building coverage of 40 percent. Projects
of 7 to 18 dwelling units per acre shall have a maximum building
coverage of 50 percent. Projects with 18+ dwelling units per acre shall
have a maximum building coverage of 80 percent.
v. Minimum lot area. For single-family detached, the minimum lot area shall
be as approved by the development plan. For single-family attached, the
minimum lot area shall be 2,500 square feet. For a two-story dwelling, the
minimum lot area shall be 3.000 square feet. For multiple-family buildings,
the minimum lot area shall he as approved on the tract map.
8. Minimum yards — Development standards.
i. For single-family attached, two-story family dwellings and multiple-family
buildings, the minimum front, side and rear yards shall be as approved on
the tract map.
9. Minimum Separation Between Sides of Buildings. For single-story, single-family
detached buildings there shall be a minimum of 7 feet between sides. For two-
story, single-family detached buildings there shall be a minimum of 10 feet
between two-story elements.
10. Minimum common open space.
i. Projects of less than 7 dwelling units per acre shall have a minimum
common open space of 30 percent of the net area.
10-111PagC Chapter 25 . 10 Resrdentia1 01� trrcts
ORDINANCE NO. 1..__
il. Projects of 7 to 18 dwelling units per acre shall have a minimum common
open space of 20 percent of the net area.
Ili. At least 50 percent of all required common open space shall be
approximately level, defined as not more than 13.5 percent grade.
iv. The common open space shall be land within the total development site
used for recreational, including buildings used for recreation purposes,
parks or environmental purposes for enjoyment by occupants of the
development and their guests, or dedicated to the City for public parks.
V. Common open space shall not include public or private streets,
driveways, private yards, or patios and parking areas.
11_ Building Height. The maximum building height in a PR district shall be 40 feet or
three-story, whichever is less. or as approved by the Planning Commission.
12. Maximum Dwelling Units per Building. The maximum number of dwelling units
per building shall be as approved by the Planning Commission.
13. Required Width of Private Roads. With no parking, the private roads shall be 20
feet wide. With parking on one side, 32 feet wide. With parking on two sides, 40
feet wide. Tfie roadways shall be a minimum of asphaltic concrete with concrete
curbs and gutters as approved by the Director. Standards of design and
construction of roadways, both public and pnvate, within the project may be
modified as is deemed appropriate by the City, especially where it is found that
the development plan provides for the separation of vehicular and pedestrian
circulation patterns and provides for adequate off-street parking facilities.
14 RV Park Standards The following standards appty to recreational vehicle parks:
i. Minimum project size of 5 acres;
ii. Maximum density of 12 spaces per acre;
iii. Minimum space area of 1,500 square feet, minimum dimension 30 feet by
50 feet,
IV. Minimum 40 percent common open space/recreation area;
v. Front project setback adjacent to public street of 25 feet with combination
of 6-foot masonry wall and landscaping to screen all recreation vehicles;
vi. Interior property lines to be bounded by 6-foot masonry wall and at least
10 feet of landscaping;
vii. Projects may be single-use or developed as part of a larger resort or
residential development;
viii. RV parks shall be taxed as a transient occupancy use;
Chaprer 2 5 . 10 Residential 0isrricrs 10- 121 Page
ORDINANCE NO. 132,.
ix. Permitted Accessory Uses. Private recreational facilities and limited
commercial directly associated with primary use as approved by
Commission.
15. Building Setbacks from the Planned Street Line. The minimum setback in all
residential developments within the PR district shall be the designated distances
from the ultimate right-of-way line of the streets specified in this title unless
otherwise provided in this section:
Table 25.10-2: Setbacks from Planned Street Lines
Street Type Setback Distance
Freeway 50 feet
Major 32 feet
Arterial 32 fit
Collector 25 feet
Local 25 feet
16. Two-story, single-family detached building setbacks from project perimeter:
i. The minimum setback shall be 100 feet or one lot depth, whichever is
more.
ii. The Commission may waive interior setback requirements when adjacent
developments are planned simultaneously.
17. Development standards within the PR districts may be modified through the
precise plan process as specified in Section 25.72.030.
18.Approval Criteria. The Commission and/or Council may approve a precise plan
only after finding that the requirements of this title and other ordinances affecting
the property have been satisfied. In granting such approval, the
Commission/Council may impose and enforce such specific conditions as to site
development, phasing and building construction. and maintenance and operation
as it deems necessary to carry out the purposes of this title and the General
Plan. All development within the PR district shall comply with the development
plan as approved and adopted by the Commission/Council.
10-131Pagc Chapte♦ 25. 10 Resid,- ntia1 01strir: ts
i
ORDINANCE NO. 1324 ,
Table 25.10-3:Residential Zoning District Development Standards
REf RIf
111-t rtmne-lo Olaefel >75,0 ,w R-2 R-3 R.I. I P.R.e
214000 of00.1. tPRs s10,000 If
Rnldent al Density
Gawky(du''xl.min-max 1-2 2.3 3.1 6.8 _ 3-10 L 7-s0,,.,.-7 1!5 ae 4-40
._ .. _.,...._._.._..._...._.._.__._..— .. .._... .
Let Dimmslom 1
Ld ei-.min �_-40.00O it15,OOO d 10,000 a' _----0,OOO of3,500 at3,OD0 d 20 oe'5,000 --
I d
Lot size.max lac Noma 14.Mal 9.090d HOmu ' Nomu hlD,max - -
Wvidih.min IW 00, O3' 70' S0' AO 500' - -
W depth,min 2C0' 125,
'Sel6acts
Front yard,min 30 25' 23' 20' IT 10' 2015-
-
SiOe yard,nt@t 15' Is, 6' We 5' B• 1015' -
Lxnt-d bdh Wes.min I 30' 30• 20 104 10 10 - -
S:rW side yard,min 30 IS' 10 for IF
10 20'r- -
Rmtryard,min 50 I 20' 20 Is 15- 10- 111!5• -
.Re d-1 rc ory 9rumtfes See Sxsion 25 40.050(A--y Huldngs and Seuctani ,
Lot covGago,may percentage al lm ama 30X 3Y4a I ,...... 1-..__,35Xf... .. 60%...-.. .75% -_0•rt
..._....._ _.-...-_._-.. .... ........... ..... . ..
Building Measummemta I
Height.max IF(IV ARC)' 16'(IWTACy 15'll!'' CR6 IV(Ia'ARCJ 30' 40 1B'
r4,moa d stones.max. t .... 1 -- 1 — ' 2.5 I 3 1 I ,
Dee!ling tail a-.min 1,500 If 1.253 at1.003 at1.000 d I WOat45011
DmWing-1sf-.mu - - - - 4.000d 1,0110d - 4.000d
S'4e ana i-dwe05r 9 tf A.,in - - - - 4.000.1 2.500 if 1-
Building pY1 area.max _ _ _ _ _ _ I- t0lwo s!
Open 9paca
Oroy usable open space per d-I irp 300 d
�-
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I
1
10-15 Pw IJI '-
I ge - ' CM1a Pter-2b.10 Realdentla/ Olsf rl et•
ORDINANCE NO. 1324
Figure 25.10-1 Palm Desert Country Club Setbacks
-77
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City Baund�
A-1 and R-2 Parcels witl,.in the Palm Desert Cc-in-ry Club
Palm Nwrt country nuh
10-171 P a g 6 Chapter 25. 10 Residential Districts
ORDINANCE NO. 1�<Y
Exhibit D
Chapter 25.16— Commercial and Industrial Districts
Sections in This Chapter
25.16.010 Purpose.................................................................................................16-1
25.16.020 Characteristics of the Commercial and Industrial Districts ....................16-1
25.16.030 Allowed Land Uses and Permit Requirements......................................16-2
25.16.W Specific Use Standards.........................................................................16-3
25.16.050 Development Standards........................................................................16-6
25.16.010 Purpose
The purpose of this chapter is to establish commercial and industrial zoning districts in the City,
along with allowed use and development standards applicable to those districts. These districts
are consistent with and implement the City's General plan commercial and industrial district and
center land use categories as indicated in Table 25.04-1 (Zoning Districts).
25.16.020 Characteristics of the Commercial and Industrial Districts
The following descriptions of each district identify the characteristic uses, intensity of uses, and
intended level of development for that district.
A. Office Professional (OP). This district is intended for various levels of intensities for
business, office, administrative, research and development, and/or professional land
uses. This district is characterized by urban strectscapes with formal tree arrangements
and larger block sizes.
6, Planned Commercial (PC). The PC districts provide flexibility for commercial and
mixed-use development. Generally, these districts are characterized as coordinated
projects that integrate compatible commercial and residential minced-uses. PC districts
balance the need for automobile parking and pedestrian connections that are organized
around walkable streetscapes and other pedestrian amenities. PC districts are further
refined based on property size, proximity to residential uses, and as described below:
1. Specialty Commercial Center (PC-1). The specialty commercial center
provides for small-scale commercial development that primarily serves
surrounding neighborhoods and other immediate land uses. This district is
characterized as being located in close proximity to residential development and,
as such, provides high levels of convenient pedestrian access. This district also
promotes the development of mixed-use (10.0 — 15.0 du/ac) as a transition
between residential uses and other development types.
2. District Commercial Center (PC-2). The district commercial center provides
convenient shopping opportunities outside of the downtown core area. This PC
district provides large-format retail areas for the broader community and provides
flexibility for the integration of mixed-use (10.0 -- 15.0 du/ac) on upper floors of
commercial buildings. The center is also characterized by traditional parking lots
to-OPage Chapter 2 5. 16 Commercial and Industrial Districts
ORDINANCE NO. 1324
with formal tree arrangements and spacing and sufficient space for pedestrian
areas and open space.
3. Regional Commercial Center (PC-3). The regional commercial center provides
a unified area for commercial uses which offer a wide range of goods and
services, including comparison and convenience shopping, entertainment,
cultural, and recreational uses. The district provides for large-scale, large-format,
commercial development that serves the broader region and is generally located
around major intersections and properties in proximity to freeway overpasses.
Although this district is predominately commercial, mixed-use (10.0 — 15.0 dulac)
is allowed and should be integrated into developments on the upper floor.
4. Resort Commercial Center (PC-4). The resort commercial center allows for the
development of a range of entertainment, hospitality, restaurants, and
recreational facilities with related commercial uses to serve visitors to the City.
The distnct is characterized by multi-story development that provides recreation
and entertainment amenities in accordance with its urban/natural setting, and
provides flexibility to integrate mixed-use (10.0 dulac).
C. Service Industrial (SI). This district allows for the development of traditional business
parks that allow for manufacture, distribution. research and development, and service of
products intended for use within Palm Desert and surrounding communities. The district
is characterized as having a more urban setting with buildings located near roadways,
shared and connected parking, and streetscapes with formal street tree arrangements.
25.16.030 Allowed Land Uses and Permit Requirements
Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses and
corresponding permit requirements for commercial and industrial distncts and all other
provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99
(Definitions). The "Special Use Provisions" column in the table identifies the specific chapter or
section where additional regulations for the specific use type are located within this ordinance.
Use regulations in the table are shown with representative symbols by use classification listing:
"P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an
administrative use permit, -C" symbolizes uses that require approval of a conditional use permit,
and "N" symbolizes uses that are not permitted. Uses that are not listed are not permitted.
However, the Commission may make a use determination as outlined in Section 25.72.020 (Use
Determinations).
Chapter 25 . 16 Comrnerc [a / and lndustr/al DIstricrs 16-21Pige
ORDINANCE NO. 1"- .
Table 25.16-1: Use Matrix for Commercial and Industrial Districts
CommerciaVIndustrial District
(P=Permitted;A--Administrative Use special Use
Pormit;C=Condltlonal Use Permit; Provisions
WNW Perrrtlttod)
OP PC-1 PC-2 PC-3 PC-4 $I i
Residerttlat Uses
Caretaker housing ' N N N IN N P 25.16.040.A
Cundcmiriurn C C C N C I C 25.,6.040.8
Dwelling,duplex C C C I C C C 25.16.040.8
Dwelling,multifamily C +—C- - C C C C i 25.16.040.8
Dwelling, single-family C C C I N C C 25.16 C40.B
Grcup home I C C N N C C 25.16.1040.3
Single-room occipandes N N N N N C
i-10'ne1P.Ss ShP.fte, --- N- N N N - -N P
Recreation,Resource Preservation,Open Space,and Public Assembly Uses
Ar.ivse,nent facility,indoors N N C C C N
A.musemen;facirity,outdoors I N N N C C N
Community foolity N N N N N P
Day care mantes N C C C i C N
Emergency shelters N P N N N P
Entertainment facility, ir.duu- N N N I P P I N
Entertainment facility, outdoor N N N P P I N
Institution, educational C C C N N C
Institution,general C N C N N C
Irtstilution, rdigiuus C N C N N C
Open space(developed or natural) N i P P N i P N
Recreation fed!ity. ccxnme-aa' I N N P I P P N
Recreation fadlity, private N N N P P i N
Theatcrlauditodum N N P P_N f- N
Utility,Transportation, Public Facility,and Communication Uses
Ccntmercia' co,rununicatioti to%ver C C C C C C 25 16.040.0
Ccmm^sC1el parking lot C N N N N N
Public utility installation I N N N N I N P
Public facility(utility or se.-vice) N N N N N P
Utility facility N N C N N I P
16-31Page Chapter 25. 16 Commercial and Indus irial Districts
ORDINANCE NO. 1324
Retail, Service,and Office Uses
Adult entertairxnent N N I N N N C 25.16.040.D
Ancillary commercial A P P P N A 25 16.040.E
Ar,ga'.lery A o - P P P I C - —
Art studio A P P F P C
Bed and breakfast N A A A A N
Business support services N N N ! N P P
Convention and visito-s bureau N N P N P l;
Crugstcre I N P P P N N
Financal institution C P P P N N
Grocery store N P P 1' N N 25.16,040.E
Health club,gyms or studios N A P P P C
Hotel I N A A A P N
Llouor store I N P P P N N
i
Liquo-, beverage and food items shop N P P P P N
1 Medical, clinic P N P I P N N
Medical.office P P P P N N
Medical, hospital T H I N N N N C
Medical,laboratory P N I N N N P
Medical office,accessory N N N i N N P 25 16.04a.G
Medical, research Facility P P N I N N C
Mortuay N N N I N N P
Office,professional P N P P P i P
Office, leca'government I P N N N N I P
Office,,rave!agency P P P P P N
Outdoor sales N N A A A I A
Zr 5o nol servicesN P P I P P N
taurant A C C I C P C 25.16 040 Elf t
Retail I N I P P P P N
Retail, bulky items N N N P P i N
Spa N N P P P N
Timc-sthare prclezi N N N C C N
Automobile and Vehicle Uses
Automotive Fental agency N N N N P P
Autcmotive gasoline station N N C C N C 25.3.1.090
Chapter 25 . 16 Cornmercial arrd lnduslrial Districts 16-41Paye
ORDINANCE NO. ticlr
Automctive service facility N N C C N P 25.34.090
Automotive sales new and used(Outdoor t Indcor) N N N N N C
Automcfive sales of accessory parrs and supplies N N N P P N
Vehicle storage facility I N l N N N N P ?5.16 040.1
Industrial,Manufacturing, and Processing Uses ~
Industrial planned unit develcpment N N i N N N P
Light induitrigl And re..sparrh Ard development N N N N N f'
Maintenance facility N N N I N N P
Pest control facility N N N I N N I P
Preparation of foodstuffs N N N N N
Produdicn o'home and ctfice decor accessories N N N N N P
Warehouse or storage facility I N N N N N P
Temporary Uses
See Section 2b.:34 U130
r 7re es'abhshmer.r may De-err*t."cd WM an Admn`srrarfvo Use Porrnr but rra,�bo olovated to a cohotaona!usa PorItt at the
;tscretfon of me LA basod o^:parkin;,!raft .or othor impocts.
25.16.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.16-1 (Use Matrix for
Commercial and Industrial Districts):
A. Caretaker Housing. Permitted only when incidental to and on the same site as a
permitted or conditional use.
B. Residential (mixed use). Residential uses may be established and maintained to be
compatible with the permitted or the approved conditional uses in the vicinity.
C Commercial Communication Tower. All communication towers and antennas shall
satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna
Regulations).
D. Adult Entertainment. All uses defined as adult entertainment are required to meet the
provisions established by Section 25.34 110 (Adult Entertainment Establishments).
E. Commercial (ancillary). Applicable only to office and industrial complexes that occupy
a minimum of hvo acres. Restaurant uses shall not exceed 10 percent of the gross
leasable floor area and the total ancillary commercial uses, including restaurants, shall
not exceed 25 percent of the gross leasable floor area of the complex. A Conditional Use
Permit or Administrative Use Permit is required to review land-use compatibility and to
ensure that adequate parking exists to serve the commercial use.
16-51Fi9e Chapf^_ r 25. f6 Cotome► cial and Industrial Districts
ORDINANCE NO. 1324
F. Grocery Stores. Limited to a maximum building size of 10,000 square feet in PC-1,
30,000 square feet in PC-2, and 60,000 square feet in PC-3.
G. Medical Offices, accessory. Permitted only when ancillary to and in conjunction with
the operation of a hotel.
H. Restaurants. Drive-through and drive-in facilities permitted by a conditional use permit
as follows:
11, Permitted locations.
i Within Freeway Commercial Overlay District
ii. On the followinc streets and as indicated in Figure 25.10-2: Monterey Avenue
and Portola Avenue from the northern city boundary to le north side of Gerald Ford
Drive.
2. Development standards.
i. Drive-through lanes and window facilities shall be designed in a manner
that they are screened andlor not visible from surrounding public streets.
ii. Drive-through vehicle queue must be permanently screened andlor nct
visible from surrourd ng public streets.
I. Vehicle Service and Storage Facility. The storage facility must be completely
screened.
25.16.050 Development Standards
The development standards included in Table 25.16-2 (Commercial and Industrial District
Development Standards) are applicable to commercial and industrial districts. These standards,
along with other development standards (e.g., landscaping requirements, signs, and parking
standards) located in the zoning ordinance, are intended to assist property owners and project
designers in understanding the City`s minimum requirements and expectations for high-quality
development
A. Special setback requirements. In addition to the setback requirements in Table 25.16-
2 (Commercial and Industrial Distnct Development Standards) the following special
setback provisions apply:
1. On interior lots in the PC zone districts, setbacks shall be the lesser of the
setback requirement listed in Table 25.16-2 (Commercial and Industrial District
Development Standards). For exterior lots or projects perimeter adjacent to
public streets the setback standards below shall apply. Said setbacks shall be
measured from the property line.
2. Building setbacks from planned street lines:
Table 25.16-2: Setbacks from Planned Street Lines
Street Type Setback Distance
Freeway 50 feet
Major 32 feet
Arterial 32 feet
Collector 25 feet
Chapter 25 . 16 Ccmmerc/aI and IndustrlaI Dlstrlats 16-61Page
ORDINANCE NO. 1;,��
Local 25 feet
3. Where commercial districts abut a residential district, a fence or wall 6 feet in
height shall be located adjoining the property line except adjoining a required
front yard. All commercial district property lines adjoining a residential district
shall be landscaped with plant materials for an area 10 feet in depth.
4. All nonpaved areas shall be landscaped and treated or maintained to eliminate
dust.
B. Exceptions: Development standards within the PC districts may be modified through the
precise plan process as specified in Section 25.72.030Special standards within the
Service Industrial (SI) district.
Sound emanating from industrial properties shall be muffled so as not to become
objectionable due to intermittence, beat frequency, or shrillness. The measurements of
sound shall be measured at the lot lines and shall be measured to decibels with a sound
level meter and associated octave band filter, manufactured according to standards
prescribed by the American Standards Association. Maximum permissible sound pressure
levels shall comply with the limits at table 25.16-2 and the following standards.-
Table 25.115.3: Maximum Permitted Decibels
Octave Band in Cycles- Adjacent Residential District Lot Line of Use In the Sill
Second(dedbels) Boundaries(decibels) Zone(decibels)
0 75 72 ' 79
76-150 59 74
151-300 52 65
301-800 i 46 59
601-1200 42 53
1201-1400 - -- --- - - 39 47 ------
4401 4800 -- — - 34 41-- —
Above 4800 ' 32 39
1. The maximum sound pressure level in decibels shall be 0.002 dynes per square
centimeter.
2. Toxic gases or matter shall not he emitted which can cause any damage to
health, animals, or vegetation, or other forms of property, or which can cause any
excessive soiling beyond the lot lines of the use.
3. Vibration from any machine, operation, or process which can cause a
displacement of .003 of 1 inch as measured at the lot lines of the use shall be
prohibited. Shock absorbers or similar mounting shall be allowed which will
reduce vibration below .003 of 1 inch as measured at the lot lines.
16-7(Pige chanter S. 16 Com»terclal and !ndustrial Dis !rjcts
ORDINANCE NO. 132.9,
4. Glare and heat from any source shall not be produced beyond the lot lines of the
use.
5. Storage of refuse, trash, rubbish, or other waste material outside a permanent
building shall be kept in enclosed containers in areas other than the front and
side yards.
6. Lighting, including spotlights, floodlights, electrical reflectors, and other means of
illumination for signs, structures, landscaping, parking areas, loading and
unloading areas, and the like shall be shielded, focused, directed, and arranged
as to prevent glare or direct illurrtiination on streets or adjoining property.
7. Unless specific additional uses are permitted by the certificate of occupancy, the
use of radioactive materials within the SI district shall be limited to measuring,
gauging and calibration devices, as tracer elements, in x-ray and like apparatus,
and in connection with the processing and preservabon of foods. In no event
shall radioactivity, when measured at each lot line, be in excess of 2.7 x 10-11
micro curies per milliliter of air at any moment of time.
8. Electrical and electronic devices and equipment shall be suitably wired, shielded,
and controlled so that in operation they shall not, beyond the lot lines, emit any
electrical impulses or waves which will adversely affect the operation and control
of any other electrical or electronic devices and equipment. (Ord. 96 § 1, 1975,
Exhibit A § 25.20-7.16)
C. Special standards within the Office Professional (OP) district.
1. When adjacent to single-story residential, the rear and exterior side yard
setbacks shall be increased by 6.43 feet for each foot of building height above 18
feet up to 25 feet tall. See table below:
Table 25.16-4: Additional Setback in OP District
Height Setback
Distance '
19 feet 26.43 feet
20 feet 32.86 feet
21 feet 39.29 feet
22 feet 45.72 feet
23 feet 52 15 feet
24 feet 58.58 feet
25 feet 65 feet
2. Second-story Windows: Second-story windows are allowed to face adjacent
single-story residential zones with sufficient screening; either with landscaping or
another method as approved through the precise plan process.
Chapter 25 . 16 Commercial and Indostri l Disfric. fc 16.81f age
ORDINJUME.NO. 1324--
Table 25.16.4.Commercial and Industrial District Development Standards
Commerclallindustriat District
OP C-2'- PC- PC-4" SI PC-1� P 3'
Lot DimensJons
Lot size,min 15.000 sf 3 ac 5 ac 30 ac 4 ac 20,000 Sf
Lot size,max None 10 ac 20 ac None None None
Lot width,min 70' None None None No min 100'
Lot depth,min 140' None None None No min 100,
Sethic";
--- - —..... .......
Front yard,min 12'avg 15' _ _ _ 30' 2U'
Side yard,min(i nierior/exterior) 0120'3'4'' 0'/20'" 0./20'31 - 15' 0'/10"
Street side yard.min 12 e in.15 - _ _ - 10,
vg
Rear yard,min 0720'3.4 0'120"" 0720'34 - 20' 0726S
Coverage f_ --
Floor Area Ratio 0.75 0.5 1.0 1.0 0.10 0.75
Residential Density Range 10.0- 10.0- 10.0- -
(mixed-use) 10.0 15.0 15.0 15.0 10.0
Building Measurements
Height,max(single-use) 40',3 stories 355'.2 35'.2 35'.2 55'.4 40',3
stories stories stories stories stories
Height,max(mixed-use) 40 40 40 40 55
No.of Stories(mixed-use) 3 3 3 3 4 -
Building size,max° I _ 10,000 sf 30.000 sf - - - -
f69lPag'e Chapter 25. 16 Commercial and industrial Districts
ORDINANCE NO. 1324
Comme'relalllndustrial District
OP PC-11 PC-2' PC4 PC-4' SI
Landscaping
Required landscaping,min 15% 15% 15% 20% 20%e
percentage of lot area —
Depth of landscaping In street 10, 10' 20' 30' 10,
setback area,min —
Notes
f. Dove;opmcnt standards may bo rr!odhed through the precise plan pro:esa os Vec3ind o Section 2-5.72.030.
2. See Section 2b.16.050 A(Special Setback Roquxo wM).
3 WMn an OP,PC-r or PC-2 zune h rWjacont to a commLv6a3y or krdusfr4.-ty zoned property,the setback is zora
a. Wean an PC-1,or PC-2 zone Is 901acont to a resldenbapy zoned prooerrr.me m.nlmi:m roqund setback Ier a Gontme'Ciel sbvchse a,ajaiit use commercial and residential
sfruclure;s opual to rho bui;ding S ticight.
5. Mon an St zone is bdjacen.,fn a,arzncs the skeet from restdenlialy zoned property.the nJrJmum side selbac-k is 10 fevt and the m;nimum roar setback is 25 reef.
6. ne s le yard setback may be 0 reet where the main buPdkrg structure on the soma Act MB W the aft ing Porto!is sot back of 0 feet and both parcels we naiokrpad at the
same tlrra.
7. When ad/acorn to single-stay residonrmi sea Section 2b.MOW E(Adyd.onal Setback Al OP tNstricl)
a nos standard refers to the mar4num ama kv any sin►3;e convn erclat wrterWise.
9. Fcr hnfaks.a m-nimum of 25 pwcvn!of the sde area must by us-abw landscaped open space and outdoor Peing and rcemabon area with an odepuate sligetion system.
Chapter 25. 16 Cornmercial and industrial Districts 10-101Pagc
ORDINANCE NO. 13
Exhibit E
Chapter 25.22 — Special Districts
Sections in This Chapter
25.22.010 Purpose.................................................................................................22-1
25.22.020 Characteristics of Special Districts........................................................22-1
25.22.030 Allowed Land Uses and Permit Requirements.................................
.....
25.22.040 Development Standards........................................................................22-3
25.22.010 Purpose
The purpose of this chapter is to establish zoning districts in the City specifically reserved for
public, institutional, and open space use and to provide a list of permitted uses and general
development standards. These districts are consistent with and implement the City's General
Plan as indicated in Table 25.04-1 (Zoning Districts).
25.22.020 Characteristics of Special Districts
The following descriptions of each residential district identify the characteristic uses. intensity of
uses, and level of development intended for that district.
A. Publicllnstitutional (P). The purpose and intent of the P district is to provide for the
orderly establishment of public facilities, expansion of their operations, or change in the
use of lands owned, leased, or otherwise controlled by governmental agencies and for
the orderly establishment of quasi-public institutional uses that are cornpabble with, and
support, surrounding land uses.
B. Open Space (OS). The open space district is intended to provide for areas reserved for
parks, public or private recreation, protection of natural and developed open
spaces,govern mental public uses, or areas where a hazard to the public may exist.
25.22.030 Allowed Land Uses and Permit Requirements
Table 25.22-1 (Use Matrix for Special Districts) identifies allowed uses and corresponding
permit requirements for the special districts and all other provisions of this title. Use regulations
in the table are shown with representative symbols by use classification listinq: `P" symbolizes
uses permitted by right. `A' symbolizes uses that require approval of an administrative use
permit, "C" symbolizes uses that require approval of a conditional use permit, and -N"
symbolizes uses that are not permitted. Uses that are not listed are not permitted. However. the
Commission may make a use determination as outlined in Section 25.72.020 (Use
Determinations).
22-11Page Chapter 2 5. 22 Special Districts
ORDINANCE NO. 1324
Table 25.22-1: Use Matrix for Special Districts
Key; Special Zoning Special Use ,
P--P"Mod;A-Admirdstrwive use Permit; District. Provisions
C-Conditional Use Permit'N-Not Permitted) p" pg
Residential Uses r
Condominium' C N
Dwelling,duplex C N
Dwelling,manufactured' C N
Dwelling,mobile home' C N
Dwelling,multifamily' C N
Dwelling,second' P N 25.34.030
Dwelling,single-family' C N
Farmworker housing' C N
Group home' C N
Planned unit development,residential' C M , N
Recreation,Resource Preservation,Open Space,and Public Assembly Uses
Apiary I A P ---
Botanical conservatory A P
Cemetery C C
Community facility C P
Crops and horticulture,limited C P
Historic landmark ' + P
Institution,educailonal C I C
Institution,general C P
Institution, religious C N
Kennel C N
Library A P
Nursery N P
Orchard N P
Public park -- —_— _- - P P
Recreation facility,commercial C C
Recreation facility,private C N
Recreation facility,public C P
Stable,boarding N C I
Utility,Transportation,Public Facility,and Communication Uses
Chapter 25 22 Special Districts 22-21 Page
ORDINANCE NO. 13��
Key: I Special Zoning Special Use
P-Permitted;A■Administrative Use Permit; -District Provisions
CtConditiorul Use Permit;NsNot Permitted) P OS
Commercial communication tower C C Section 25.34.:30
Ele-.tric substation C N
Fire station C I P
Maintenance facility(public.only) C C
Maintenance yard(public only) C C
Public service facility C P I
Utilityfacility C C
Retail,Service,and Office Uses
Medical, hospital C N
Office,Imal government A P
Outdoor sales C N
Recording studio C N
Restaurant N A
Nwes —
t.Government-supported.-funded and/or-cperated cry.
2.Rersrohon•orien!ed restaurants,eatirj and piares.
25.22.040 Development Standards
The development standards in Table 25.22-2 (Special District Development Standards) are
applicable to the special districts. These standards, along with other development standards
(e.g., landscaping requirements, signs, and parking standards) in this ordinance, are intended to
assist project designers in understanding the City's minimum requirements.
Table 25.22-2: Special District Development Standards
Special Zoning
District
P Os
Dimensional Requirements'
Lot area(minimum) None ( None
Yard requirements None None
Building height,max 35, 30'
Kofcs'
I.Addd,onat requr+ernsnts may be requiey as part of
ccdAiv:.rl use pe-rnP a ad!w.-iistrabve-;w permit approval
22-3(Pag Chapter 25. 22 Special Districts
ORDINANCE NO. 1324
Exhibit F
Chapter 25.28-- Overlay Districts
Sections in This Chapter
25.28.010 Purpose.............................................. ..................................... .................... 1
25.28.020 Senior Housing Overlay District................................................ ................... 1
25.28.040 El Paseo Overlay District..............................................................................A
25.28.060 Planned Community Overlay District. . ......... ...... ... ....... ......... ..................5
25.28.070 Freeway Commercial Overlay District............................................................6
25 28 080 Scenic Preservation Overlay District................................ ........................... .7
25.28.090 Drainageway, Floodplain, Watercourse Overlay District.................................8
25 28.100 Natural Factors/Restricted Development Overlay District... ......... ...............10
25.28.110 Seismic Hazard Overlay District—................................................................10
25.28.120 Bermuda Dunes Airport Area....................................................................... 12
25.28.010 Purpose
The overlay zoning districts established in this chapter are designed to supplement the use
regulations and/or development standards of the applicable underlying base zoning district by
recognizing distinctive areas of the City that have special and unique social, architectural, or
environmental characteristics which require special considerations not otherwise adequately
provided by the underlying base zone applicable to the property.
25.28.020 Senior Housing Overlay District
A. Purpose and Applicability. The purpose of the Senior Housing Overlay (SO) district is
to provide optional standards and incentives for the development of a wide variety of
specialized housing designed for and restricted to residents over the age of 55.
Whenever the SO has been added to a base zone, the applicant may choose whether to
use the optional SO standards or the standards of the base zone.
8 Uses Permitted by Approved Precise Plan and Conditional Use Permit. Uses
permitted by approved precise plan and conditional use permit shall be residential
retirement developments consisting of attached or detached units for rent or sale and
associated recreational facilities and involving varying degrees of support arrangements,
ranging from completely independent living, congregation, assisted, and memory care to
community food service and healthcare.
C. Development Standards. Development standards shall be flexible to ensure efficient
site planning and neighborhood compatibility and to reflect the unique requirements of
persons over the age of 55.
D. Density and Intensity.
28-1jPage Chapter 25. 28 Ovsrtay Districts
ORDINANCE NO. 13
1. Due to smaller unit and household sizes, project density (units per acre) shall be
determined by intensity (persons per acre) and age.
2. Overall project population shall be calculated according to the following factors:
Table 25.28-1: Persons per Unit in Senior Housing
Unit Size FP" per Unit
Stud o I 125
Ore bedroom 1.75
Two bedroom 2.00
3. Allowable Population/Gross Acre (P/A). Density shall be equal to P/A. The
maximum density shall vary with project site area. Projects on larger sites will be
allowed greater density due to increased opportunity for common open space
and site planning effidencies of scale.
Table 25.28.2: Allowable Population per Gross Acre in Senior Housing
Project Site Area PIA
Less tnan 2.49 acres 30
2.5:o 9 99 acres 40
10 acres or more 50
4. Senior housing projects shall be divided into hvo age restriction classifications:
55 minimum and 62 minimum. Due to greater activity levels of age 55 projects,
allowable P/A shall be reduced by 25 percent.
5. Unit Sizes. Minimum allowable unit sizes in square feet (sf) shall vary according
to presence or absence of a common project dining facility. Each unit shall
contain, as a minimum, a kitchen including two burners, an oven, a
refdgeratorrfreezer, a sink, counter space, and storage.
Table 25.28-3: Unit Size in Senior Housing
Common Dining
Unit Size
With Without
Studio 360 sf 450 sf
One bedroom 500 sf 600 sf
Two bed mom 700 sf 800 sf
Charter 25 . 28 0 verlay Orstricts 26-21 Page
ORDINANCE NO. 1324
6. Example of Density and Intensity Calculations. The following table illustrates how
projects of different characteristics would calculate allowable density and
intensity limits:
Table 25.26-4: Examples of Density and Intensity Calculations
Project Permitted Unit Size
S[ze Permitted Population Units(assumes all 2 bedroom) (without common dining)
Age 55--62
Aye 62 + Age 55--82 Aye 62•
(25%reduction)
5 ac;res 150 200(40 P/A) i 75 100 800 sf i
10 acres 375 500(50 P/A) 188 250 800 sf
E. Accessibility.
1. All second-story units shall be serviced by elevators.
2. All common areas shall be wheelchair accessible.
3. Handicapped unit design shall meet requirements for state Title 24 handicapped-
access regulations.
F. Parking Requirement.
1. Parking ratios based on age group shall be based on the following:
Table 25.26-6: Parking Required for Senior Housing
Age Minimum Parking RaUo
E5 1.25 3er un+t
62 1 00 per unit
62+ 0.75 per unit'
w.ih Commission approvat acccra,ng to G L.
2. Projects which by their design appeal to age categories significantly older than
age 62 may request reduced parking requirements if it can be demonstrated that
less demand will be generated. The Commission may reduce the parking
requirement to 0.75 spaces per unit if the project applicant demonstrates less
demand to the satisfaction of the Commission
G. Affordability Requirements. A portion of any project with 10 or more dwelling units
shall be reserved and made affordable to lower- and moderate-income residents.
28-31Page Chapter 25. 28 Overlay Districts
ORDINANCE NO.
1. For projects between 10 and 99 units, 10 percent of the units shall be affordable
to lower-income residents and 10 percent to moderate-income residents.
2 Projects with 100 or more units shall be required to provide an additional 5
percent affordable to very low-income residents.
3. The total number of these controlled units shall not exceed the additional units
allowed by the SO district or the density allowed by the base zone.
4. The applicant shall be responsible for proposing the methods to achieve the
program goal, which may vary depending upon the nature of the housing and the
degree of additional services provided.
5. The Commission shall have flexibility in reviewing and approving innovative
proposals.
H. Very Low, Low, Moderate Income Defined. Very low income shall be equivalent to 50
percent of median income; lower income, 80 percent of median; and moderate income,
100 percent of median as shown on the latest US Department of Housing and Urban
Development (HUD) estimates for the Riverside/San Bernardino area or on other, more
specific HUD estimates for senior citizens.
I. Projects approved under this section must be used solely for senior citizen housing
unless special approval is granted by the Council.
J. The applicant shall, as a condition of approval, submit a maintenance bond to ensure
exterior maintenance for a period of time satisfactory to the City.
25.28,040 El Paseo Overlay District
A. Intent and purpose. El Paseo is designed as a pedestrian specialty retaiUpersonal
services district. The success of a pedestrian commercial district is dependent upon the
creation and maintenance of a continuous succession of diverse but compatible
businesses which attract and sustain pedestrian interest. To encourage this continuous
pattern of pedestrian-oriented uses, this chapter shall regulate the type of new uses
which may occupy El Paseo street-level commercial frontage constructed after July 1,
1987.
S. Permitted uses. The following retail/personal service uses shall be liberally constnied to
be permitted uses within the El Paseo pedestrian commercial overlay:
1. Art galleries
2. Book and card shops
3. Clothing and apparel shops
4. Furniture stores and home furnishings
5. Gift and accessories boutiques (including small antiques)
Chapter 25 . 28 over Jay Districts 28-41 Page
.ORDINANCE-NO._1324
6. Jewelry shops
7. Liquor, beverage, and food item shops
& Luggage shops
9. Personal cane/products shops and services (including barbering and
cosmetology)
10. Restaurants
11. Sundries shops (general merchandise)
C. Conditional uses. The Commission may, by conditional use permit, approve
commercial uses not listed above if they are determined to be compatible with the intent
and purpose of this chapter.
25.28.060 Planned Community Overlay District
A. Purpose and applicability. The Planned Community Overlay district allows for the
Council to establish larger areas for coordinated land use, and master planning
purposes that may include multiple properties. Approval of a Development Plan as
outlined in Section 25.72.040 is required for approval of a development in the Planned
Community Overlay district.
.B. Requirements.
1. Site area A minimum of 100 acres shall be required for a planned community
development.
2. Master plan required. Any application for a planned community overlay zone
shall be accompanied by a master plan for the entire area covered by the
application.
3. Ownership. All land in a proposed overlay zone shall be held in one ownership or
under unified control or have the written consent or agreement of all owners of
property proposed for inclusion in the overlay zone.
4. Utilities. The existing utilities systems (water, sewer, drainage, electrical, gas,
and communications facilities) shall be adequate, or new systems designed and
constructed to adequately serve the development. Master plans for utility
systems may be required along with the application for the planned community
overlay zone if determined necessary by the Director.
C. Application. An application for an overlay zone shall be submitted by the owner, his or
her authorized agent, or the purchaser of the land with the consent of the owner. The
application shall be prepared by a qualified team of professionals and accompanied by
the required application form, master plan, submittal materials, and other information as
required by the Director.
D. Procedure.
28-51Page Chapter 25. 28 Overlay Districts
ORDINANCE NO. 13
1. Upon receipt of a complete application for an overlay zone, the Department shall
review the application matenals and prepare a recommendation to the
Commission.
2. The Commission shall hold a public heanng on such application. If it finds the
criteria set forth in this chapter have been met, it may establish the overlay zone
subject to such conditions as it deems necessary. The Commission may deny
the application if it finds any of the criteria have not been met, or that the
approval of the application would be detrimental to the public peace, health,
safety, or welfare.
3. Planned community development applications shall be forwarded along with the
community master plan to the Council. The Council shall hold a public hearing
and either approve, conditionally approve, or deny the community master plan
The decision of the Council shall be final.
E. Termination of overlay zone.
1. The overlay zone and any master plan or other material approved as a part
thereof shall become null and void if the physical development of the district is
not commenced within two years from date of adoption of the resolution
establishing the zone.
2. An extension of time, not to exceed one year, may be granted by the
Commission when extenuating circumstances can be clearly shown by the
applicant. The request for an extension of time shall be submitted to the
Commission in wnting prior to the expiration date and shall clearly state the
reasons why the physical development of the district has not commenced and
such overlay zone has not been utilized.
3. Partial physical development within the overlay and/or master plan is considered
sufficient to maintain the overlay zone designation, and action by the Council in
the form of a zoning amendment is required to after the boundaries, master plan,
or development standards.
25,28.070 Freeway Commercial Overlay District
A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone
(FCOZ) district is to provide optional standards and incentives for the development of a
variety of commercial uses. Whenever the FCOZ has been added to a base zone, the
owner/applicant may choose whether to use the optional FCOZ standards or the
standards of the base zone. In order to obtain approval of uses only permitted in the
FCOZ, the project must utilize FCOZ standards.
B. Conditional uses. Uses permitted by approved conditional use permit shall be as
follows:
1. Restaurants, general, including drive-through restaurants
2. Automobile service stations without regard to the required separation distance
provisions per Section 25.34.090 (Automotive Service Stations)
Chapter 25. 28 over ray Districts 28-61 Page
ORDINANCE NO._1324 _
3. Convenience stores
4. Car washes
5. Combinations of two or more of the above uses
6. Hotel
7. Commercial recreation and amusement establishments
8. Mini storage
9. Outdoor recreational vehicle and boat storage
C. Development standards. Projects proposed under this chapter shall be master planned
and the master plan shall be approved by the Commission prior to any construction
activity. The master plan approval is subject to the following:
1. Development of individual projects within the approved master plan shall be
processed through the precise plan process.
2. Property to be master planned shall be at least 5 acres in size and shall have
frontage on a designated arterial street.
3. Drive-up lanes and window facilities shall be designed in a manner that they are
not visible from an arterial street.
4. Development standards shall generally be flexible to ensure efficient site
planning and to foster the creation of attractive developments.
5. Automobile service stations shall comply with the requirements of Section
25.34.090 (Automotive Service Stations).
D. Required on-site parking. The required number of parking spaces for a combined
development shall be cumulative for all proposed uses. The Commission may reduce
the required parking where it is clearly demonstrated that a shared use will occur (i.e., a
restaurant which serves a hotel), or with a showing of good cause, the Commission may
increase the number of parking spaces required.
E. Setbacks. Setbacks shall be as prescribed in the base Zone and/or automobile service
stations pursuant to Section 25.34.090 (Automotive Service Stations).
F. Landscaping. All master planned projects approved through the FCOZ process shall
provide a minimum of at least 30 percent landscaped open space, of which at least half
of the common usable public space can include a picnic area, a dog park, or a kids land,
as well as landscaped setback areas. With a showing of good cause, the Commission
may decrease the minimum landscaped open space requirement.
25.28.080 Scenic Preservation Overlay District
A. Purpose. It is the purpose of the Scenic Preservation Overlay (SP) district to designate
those scenic corridors that have a special aesthetic quality and to provide the
28-71Aage Chapter 25. 28 Overlay Districts
ORDINANCE NO. 1JL'1
opportunity for special standards for development in these areas to protect that quality.
This district and the related provisions may be applied according to the procedures
established in Section 25.78.030 (Amendments—Zoning Ordinance).
B. Permitted and conditional uses. Any permitted or conditional use which is allowed
within the base distnct requires the review and approval of the ARC which shall have
taken specific notice of the fact that such development is within a scenic corridor as
noted within the City's General plan.
C. Development standards. At a minimum, the development standards of the underlying
base district shall apply. The ARC may apply additional standards to ensure that the
aesthetic quality of the scenic corridor is preserved. At a minimum, the ARC will consider
the following:
1. Preservation of scenic vistas
2. Setbacks
3. Landscaping
4. Building heights
5. Signs
6. Mitigation of excessive noise impacts
D. Specific standards. All SP designations added to the R-2 and R-3 residential districts
on the zoning map shall be limited to one story, with the maximum height determined by
a line of sight study.
25.28.090 Drainageway, Floodplain, Watercourse Overlay District
A. Purpose and Intent. The purpose of the Drainageway, Floodplaln, Watercourse Overlay
(D) district is to designate those areas of the City that are known to be subject to
flooding. This designation and regulations herein are intended to achieve the following
objectives:
1. To prevent loss of life and property and to minimize economic loss caused by
flood flows.
2. To establish criteria for land management and use in flood-prone areas that is
consistent with that promulgated by the Federal Insurance Administration for the
purpose of providing flood insurance eligibility for property owners.
3. To prohibit occupancy or the encroachment of any structure, improvement, or
development that would obstruct the natural flow of waters within a designated
drainageway, floodway, or watercourse.
4. To regulate and control uses below the elevation of the 100-year flood flow.
Chapter 25 . 28 Overlay Districts 28-81 Page
ORDINANCE NO. 1324
B. Applicability. The D overlay district shall be applied to those areas that are known to be
subject to flooding as determined by the Council, based on recommendations by the
affected flood control district
C. Conditional uses. The following uses and structures shall be permitted in this overlay
district subject to the issuance of a conditional use permit by the Commission:
1. New residential, commercial, industrial, and agricultural structures permitted by
the underlying district regulations involved, and when they comply with all of the
conditions listed below:
i. Flood-proofing and/or flood protective measures shall be required to be
installed in a manner meeting the approval of the chief engineer of the
affected flood control district.
ii. Building and health code requirements applicable to floodplain districts
shall be complied with.
iii. The bottom elevation or first floor of any structure shall be at least 1 foot
above the level of the 100-year flood. Exceptions may be recommended
by the building official only for nonresidential structures which are
adequately flood-proofed, in accordance with the building code, up to the
level of the 100-year fk)od.
iv. Landfills, improvements, developments, or other encroachment effects on
the 100-year flood level such that the water surface elevations of the 100-
year flood are increased by more than 1 foot shall be fully offset by
requirements for stream improvements meeting with the approval of the
chief engineer of the affected flood control district.
2. Public utility facilities.
3. Recreation areas, parks. campgrounds, playgrounds, fishing lakes, hunting
clubs, riding and hiking trails, golf courses, golf driving ranges, polo fields,
athletic fields, parking lots, all of which involve only the open use of land without
permanent structures or Improvements.
4. Temporary and readily removable structures accessory to agricultural uses.
D Prohibited uses. The following uses are specifically prohibited in the D district:
1. Excavations that will tend to broaden the floodplain or direct flood flows out of the
natural floodplain.
2. Landfills, improvements, developments, or other encroachments that would
increase water surface elevations of the 100-year flood more than 1 foot or that
cannot be fully offset by stream improvements.
3. Storage of floatable substances or materials which will add to the debris load of a
stream or watercourse.
28-91PaQe Chaptrr 25. 28 0verldy Disfricrs
ORDINANCE NO. 13z4
E. Development standards. The property development standards of the underlying zone
shall apply insofar as they pertain to the uses of this district.
F. Precise plan review. All development shall be subject to precise plan review as
prescribed in Section 25.72.030 (Precise Plan).
G Special standards.
1. Development of hillside canyon areas shall not occur until hydrology is submitted
which specifies techniques for management of runoff. The exact location of
development shall include the determination resulting from a hydraulic study.
2. Other standards required under conditional use permits shall also apply.
25.28.100 Natural Factors/Restricted Development Overlay District
A. Purpose. The purpose of the Natural Factors/Restricted Development Overlay (N)
distdot Is to provide for the continued availability of land for the conservation of natural
resources and the preservation and protection of wildlife habitat areas and areas with
significant natural vegetation as limited resources. The overlay district shall be applied
as determined to have the desired characteristics specified above as determined by the
Council through the amendment process.
B. Permitted uses. All uses permitted in the underlying district shall be permitted in this
distract subject to careful consideration by the design review process of the preservation
of the unique natural element of the property.
C. Development standards. All the development standards and requirements set forth in
the underlying district shall be complied with. Additional standards for development may
be required by the precise plan review process to ensure that modification to existing
natural vegetation and any disturbance of the terrain and natural land features are
compatible with adjacent areas and will result in a minimum disruption to the wildlife
habitat and natural vegetation on the site.
D. Cost of investigations. All costs and expenses incurred as a result of the requirements
of this chapter, including the cost and expenses of an independent review of the material
submitted under this chapter by qualified persons retained by the City, shall be borne by
the applicant.
E Site plan review. All development within this overlay district shall be subject to a precise
plan review as provided in Secbon 25.72.030 (Precise Plan).
25.28.110 Seismic Hazard Overlay District
A. Purpose. The purpose of the Seismic Hazard Overlay (SH) district is to protect life and
property in the City from the hazards of seismic activity and to set requirements for the
level of earthquake consideration that must be incorporated into development proposals
prior to design and construction. The overlay district shall be applied to those areas that
are known to be within the SH overlay zone.
Chapter 2 �' . 28 Overlay Districts 28-101 Page
ORDINANCE NO. 1324
B. Permitted uses. All uses permitted in the underlying district are permitted subject to the
obtaining of a conditional use permit approved by the Commission.
C. Site development standards. All the development standards and requirements set
forth in the underlying district shall be complied with. Standards and requirements in
excess of those in the underlying district may be required in the conditional use permit to
mitigate possible seismic-related impacts.
D. Geological soils investigation. All applications for a conditional use permit in the SH
district shall be accompanied by a combined in-depth geologic and soils investigation
prepared by a registered geologist, certified by the stale as an engineering geologist,
and by a licensed civil engineer qualified in soil mechanics. Required geologic and soils
investigations shall be based on the following considerations.-
1. Adequate geologic mapping, trenching, and boring to determine that surface
faulting and ground breakage has not occurred on the site and is unlikely to
occur in the future.
2. Adequate boring and field and laboratory testing to determine accurately the
subsurface profile and the static/dynamic properties of the soil/rock materials.
3. Thorough regional studies of all possible causative faults and fault systems which
could generate motions at the site.
4. Studies to determine the character of ground motions at the site.
5. Calculation of design response spectra, based on repetition, and on structural
properties (damping, ducting).
6. Careful dynamic design of cohesive structures with each element working as a
part of the entire structural system.
7. Thorough study of the ways in which the structure might disassemble if it were to
fail, and the Inclusion of redundant backup features to control disassembly so
that outright collapse cannot occur.
8. Design of anchorage and bracing for all critical infrastructure systems (examples:
emergency power, heat, light, oxygen supply), based on factors derived from
dynamic analysis, providing generous and conservative safety factors. The
manufactured equipment and appurtenances purchased for such a facility should
be designed likewise.
E. Cost of investigation. All costs and expenses incurred as a result of the requirements
of this chapter, including the cost and expense of an independent review of the matenal
submitted under this chapter by qualified persons retained by the City, shall be bome by
the applicant for the conditional use permit.
F. Site plan review. All permitted uses, except single-family dwellings, and all conditional
uses shall be subject to precise plan review as prescribed in Section 25.72.030 (Precise
Plan).
28-111Page Chap ter 75. 28 0verfay 0islricls
ORDINANCE NO. 1�' _ _
25.28.120 Berrnnuda Dunes Airport Area
A. Purpose. The purpose of the Bermuda Dunes Airport Area (BDA) district is to Seismic
Hazard Overlay (SH) district is to adhere to the Bermuda Dunes Airport compatibility
regulations within the Airport Influence Boundary. The overlay district shall be applied to
those areas that are known to be within the BDA overlay zone, identified in the Riverside
County Airport Land Use Compatibility Plan Policy Document and Figure 25.29-1.
B. Permitted uses. All uses permitted in the underlying district are permitted subject to the
Riverside County Airport Land Use Compatibility Plan Policy Document.
Chapter 25 . 29 CJvPrlay Districts 26-121 Page
ORDINANCE NO..1324
Table 25.28-1 Bermuda Dunes Airport Compatibility Plan
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28-131Page Chapter 25. 28 Overlay D/sirfcts
ORDINANCE NO. 1325
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA APPROVING CHANGES TO THE CITY'S
ZONING MAP TO BE CONSISTENT WITH THE GENERAL PLAN
WHEREAS, on November 10, 2016, the City Council of the City of Palm Desert
adopted a comprehensive General Plan update setting forth a 20-30 year vision and guiding
document for development of the City; and
WHEREAS, the adopted General Plan contains new land use designations that allow
for greater building height, mixed-use, and emphasis on connectivity between residential and
commercial land use;and
WHEREAS, in order to be consistent with the vision of the General Plan land use
designations comprehensive changes are required to the City's Zoning Map;and
WHEREAS, of the City of Palm Desert, California ("City Council') did on the 2e day of
June, 2017, hold a duly noticed public hearing to consider the request by the City of Palm
Desert for approval of the above noted;and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
20" day of June, 2017, hold a duly noticed public hearing and recommended approval of the
request by the City of Palm Desert of the above noted; and
WHEREAS, the City Council of the City of Palm Desert, California has determined that
the changes to the City's Zoning Map are consistent with the General Plan; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find
the following facts and reasons to exist to approve said request:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, Cafifornia as follows:
SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing
recitals as its findings in support of the following regulations and further finds that the
following regulations are beneficial and appropriate to protect the health, safety and welfare
of the residents and businesses of Palm Desert within the City limits.
SECTION 2. Adoption of changes to the Zoning Map are made to reflect the
land use designations of the adopted General Plan and the Zoning Map Is
incorporated by reference as part of this Ordinance.
SECTION 3. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof.
ORDINANCE NO. 1 325
SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this ordinance in The Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be in full
force and effect thirty(30)days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the - d day of June, 2017, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
AB STAIN:
JAN C. HARNIK, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT. CALIFORNIA
G'1'31anningl=ric Ceta\C-ma rdit%\7.0AV.0A 17-105 Zoning Consis'enc.y UpdaleACdy Council Ord naicr-Zoning Uap.dm
The Dosert Sun
75C N Gene Autry;rail Certificate of Publication
Pairn Spr:nys,CA 92262
750-778-1578!--ay 763-778-4731
State Of California ss:
County of Riverside
r•t�Ip
Advertiser; CITY OF PALM DESERT
rn �_•
73510 FRED WARING OR
PAI.&I JESENT CA 92260 �C
0.cer k C-002197910
Lam' M -
I am over tee ace of 18 years cki a citizen of
the Unitdd Stases and not a party to,or have
interest in this clatter.f hereby certif7 that the
attached acveitisement appeared in saic
rieuspaper(set in type not smaller than non
pa-'el)in each anJ entire Issue of said
newspaper and nut it any supp ement thereof
on •e following da:es,to wit
Newspaper.The Desert Sun
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6/5/2017 I
140C421:.0 ' CrTYOrPALMOESERr. •;
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CASE NOS.20A 1T-10S ..r•,. - I
Honci OF IP.1EHT TO ADOPT A zommi;oRDWA1KE Ah1rNDwxT io AMlHU
THE Cf r$ZONING OR114"NICE AND t0+tl►iG MAP.TO OE.GOr61STtMTCY;I TN
I acknc &,
wiee teat l am a principal cei1k of the TNEGMRALRAN t•s• M- ' • i
printer of'l he Ueser•Sun.printed and I...T?*trty ct Paln t::i:rt(City),rn 1;1espee'ty ak lh-Lsv i A't: fci t+k go,ect
a',de' he-Wlitornia Eevrrvnmental Cxa iry AcT(CECW.has rtvicv ed'end con-' I
ptb'i%hed weekly in the City of Palm Springs, .'sidtred the an+erdnvn3 to d•e:onin3 ordrtnt*aa,d ata•r+ii map anJ hes de-'
•en"k-ed t%f any,cevicnmenW -Ap+z aua.`tted meth th,•A,.ansn herd
County of Itlw_+rSlce, Sate.rf California The been Salicietttly rev:ewrd by;he I
I knv ronmerriat Impact Rrp;nt Fteparrrl
s+ - W171Neceiertdr:anupdate. i •:r� i.�•.;5,1� .. ;
Desert Sun was a0judicated a Ne.,npaper of ►ra}etttauejauDe«r;pda,: : a t I
hol.ct toutltm:dtywide ".• 'y r;'-: •� •''' '' .' I e; i
general circulation O^March 24. 1W$$by the .teiect M-1 P;ion'The;scjea car b of Ilk wne.dre'rts to. 1hr Gtyt zorl.- I
Ong mekrranra and tha:ges:u t',e Cirli SOnins map Thek,•;P.ngei.arq Fro-
Superior Court of the Co inty of Rm% Side-• poted to brlrej thr Chys.on" r n0 rci ta ,.e aiC nep,-Lo cicnlohrancv.+rth,tre
Sate of Callfo lia;ase No 1911.3fi. I recartly a3orr/d':rrnornl Pan Prt n m.Stw law.iun'np crdinames am aps arc
• rsgutred to be cc-&SWI wMh Ian d uke Jn;gra:icm a.-4 te1R denbfed rr the ,
"GenerA Plan.' "_....... --- .— •,
Aetogsmendattpn;Staff s reccIrWWif rig iDPra'rl.:rI iiri yrt)ocxd tta ird
rwil tn anKndel"S. 1,
•'R+E!k NtaR-ep:The FubIK'wan•,S Wall be held br<lcrr the Plarninn Caina'q:on'•.
on June 20,29'T,.-1 6.W py City Lmnrn%111%elk a r.:bls,hw4W;ns cn d e
pprrotwet:acneM+renhlot.',eapplt;ato+ton.u+et2.70t7,atlOppm.^ •" ,
►Wilk 11pr1t'+rr Tx proi!okedaRendmrnu arc ava'a:Ar•n gtF6a rh'rrw drily
i declare •,nder nena'ty Of peILl y trat the +t CkfMM&MCCIC S:@tr;t NrKten COTIr.e1b to&e P)arn;rr+gg nePa•lnrnr:Nwr,r
9rthrp a^aie+4es the cc ion en Ca.rt.';Ssvvj raced mail he,Etrhrtc to cnh'it,rne
foregoing is truE and Curled. EXecu'ed on twos ri sed at tee prthc hearing descrited-in tPit notlre ne In rvrlaen iturr•'
kpo,dent a:or pprr-oT to 1rK shy Cotinul p:161,C hoa•,nq'All ctvnmr+n a•Id any
this 9th day of JUNE. 2017 in Palm Scrings. burst.unr 1hok.d be dirt M-d to r
_ oframoesert
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�� -: r• 1 —r r Pa'm Desert CA 9276G
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RAtlRLLE D.tLASSEN.CITY CLERIC
r G'Y O*PALM WSW.CALYORN A Pubrnfrd;t;109f2017TMT
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Declarant
i
1
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731 �?
D.t
State Of California ss:
County of Riverside MY of Palm Dew rt*1
a0 mm
JUN 2 0 2017
Advertiser: CITY OF PALM DESERT p
73510 FRED WARING DR { A m
PALM DESERT CA 92260 CommunkyDevelopment >n
41 rn
Order# 0002206824
1 am over the age of 18 years old, a citizen of
the United States and not a party to, or have
interest in this matter. I hereby certify that the
attached advertisement appeared in said
newspaper(set in type not smaller than non
pariel) in each and entire issue of said
newspaper and not in any supplement thereof _
on the following dates, to wit: No 084 ` ® Illlls
CITY OF PALM DESERT
LEGAL NOTICE
Newspaper: The Desert Sun CASE NOS.ZOA 17-10S
NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO AMEND
THE CITY'S ZONING ORDINANCE AND ZONING MAP TO BE CONSISTENTCY WITH
6/14/2 017 THE GENERAL PLAN
The City of Palm Desert(City),in its capacity as the Lead Agency for this project
under the California Environmental Quality Act(CE
sidered the amendments to the zoning
de-
termined that an QA)• has reviewed and con-
been sufficiently any
environmental impactss associated wnd ththeachaand ngesahave
I acknowledge that I am a principal clerk of the Part of the General Plan Update the Environmental Impact Report prepared as
printer of The Desert Sun, printed and Project Location/Description:
published weekly in the City of Palm Springs, Project Location:Citywide
Project
County of Riverside, State of California. The posed o Description: The project consisz text onin amendments to the City's zon
g ordinance and changes to the City's
Desert Sun was adjudicated a Newspaper of g the City's zoning ordinance and map into conformance are
hpherecently adoppted General Plan.Per State law,zoning
ggeneral circulation on March 24, 1988 b the required to be consistent with land use designations and text identified in the
y General Plan. ordinances and maps are
Superior Court of the County of Riverside,
State of California Case No. 191236. macs endments. Staff is recommending approval of the proposed text and
Public Hearing:The public hearing will be held before the Planning Commission
on June 20,2017,at 6:00 P.M.The City Council will hold a g
Proposed amendments to the applications on June 22, 2017, at 4:00
second reading of the Public hearing on the
Map is expected to Occur at the Zoning Ordinance Am'endments and Zon ing
2017,atexp expected
City Council meetin scheduled on Jul 13,
I declare under penalty of perjury that the Public Review:The proposed amendments are available for public review daily
at City Hall.Please submit written comments to the Plannin Department.If any
foregoing is true and correct. Executed on group challenges the action in court,issues raised may y
this 14th day NE, 2017 In Palm sPonde�eeataorheio Public 2heea ing described in this potice�oortndwo Onitten orre
questions should be directed to: Council public hearing.All comments and any
Springs, Calif la. Eric Ceja,Principal Planner
City of Palm Desert
73-510 Fred Waringg Drive
Palm Desert,CA gZ260
(760)346-0611
eceja®cityofpa Imdesert.org
RACHELLE D.KLASSEN,CITY CLERK
CITY OF PALM DESERT,CALIFORNIA
ji Published;06/14/2017
Declar
CC, R-,JENDA'PAL`140TT
Ryan Stendell S-ItT1o'; 22-0—C- A
CITY OF PALM DESERT llicEi'11�C �t�,7�,�ur c� � 2e�„�,
COMMUNITY DEVELOPMENT DEPARTMENT
CITY COUNCIL PUBLIC HEARING MEMORANDUM
C n
To: Honorable Mayor and Members of the City Council ` n�
c =n=
From: Eric Ceja, Principal Planner/ W mmrn
CPX—
Date: July 13, 2017 i 'rn°Nm
boo
Subject: Zoning Ordinance Amendment 17-105 Modification ry
N n
m
At its meeting of June 22, 2017, the City Council considered a request to proceed with a
Zoning Ordinance Amendment related to consistency with the General Plan. The item was
continued, and staff offered to meet with Councilmembers to answer any questions about
the proposed changes to the ordinance. Staff did meet with Councilmember Kelly and is
recommending several minor modifications to the original recommendation. The
modifications below are inclusive of minor grammatical changes, better blending of the C-1
and PC-1 districts, and application of the Town Center Neighborhood standards as they
relate to neighborhoods south of Fairway Drive. Staff believes the proposed modifications
are minor and recommend that they be incorporated into any motion for approval, if the City
Council so desires. If approved, the ordinance and map will be updated for the second
reading.
Exhibit A
1. Section 25.20.020D4 — replace "employement" with "employment".
2. Section 25.20.020D4 — remove "that" from last sentence.
3. Section 25.20.040E1 — remove extra spacing and comma
Exhibit C
1. Section 25.10.020C — in the description of "Single-Family Residential District (R-1)"
strike the following: "and limited or small multi-family dwelling units."
2. Table 25.10-1: Use Matrix for Residential Zones — list "Group Homes" as a permitted
use in the PR zoning district.
3. Table 25.10-1: Use Matrix for Residential Zones — list "Hotels" as a conditional use
permits in the PR zoning district.
4. Section 25.10.040A — Reword last sentence to read "Multifamily dwelling units are
permitted within the R-3 district at densities between 7-40 dwelling units per acre, or
as indicated on the zoning map.
5. Section 25.10.050A4 — add ii. Previously Approved Existing Building Pads. If a
property owner can demonstrate that a previous building pad was approved by the
City or County before incorporation, a home and accessory structure(s) may be built
1
f
Corrections to ZOA 17-105
Page 2 of 2
July 13, 2017
on a previously approved existing building pad without a public hearing. The building
size shall be limited to 35 percent of the lot, which may be increased up to 50
percent with ARC approval. Enlarging a previously approved existing building pad
shall require a new public hearing subject to the provisions of this chapter.
Exhibit D
1. Table 25.16-1: Use Matrix for Commercial and Industrial Districts — list
"Condominium" as a conditional use in the PC3 zoning district.
2. Table 25.16-1: Use Matrix for Commercial and Industrial Districts — under the PC1
zoning district add the following uses as permitted uses (P):
a. Convention and visitor bureaus
b. Medical, clinic
c. Medical, hospital
d. Office, professional
e. Office, local government
f. Retail, bulky items
g. Spa
h. Automotive rental agency
3. Table 25.16-1: Use Matrix for Commercial and Industrial Districts — under the PC1
zoning district add the following uses as conditional use permits (C):
a. Institution, general
b. Institution, religious
c. Automotive gasoline station
4. Table 25.16-1: Use Matrix for Commercial and Industrial Districts — under the PC1
zoning district add the following uses as requiring administrative use permits (A):
a. Outdoor sales
Exhibit Al — Zoning Map
The zoning map is incorporated by reference. Staff proposes that properties south of
Fairway Drive, between Portola Avenue and Cook Street, remain in the R-1 Single-Family
zoning district. Residential properties north of Fairway Drive, south of Candlewood Street,
between Portola Avenue and Cook Street, will be rezoned to R-2 Mixed Residential.
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
CITY COUNCIL PUBLIC HEARING MEMORANDUM
To: Honorable Mayor and Members of the City Council
From: Eric Ceja, Principal Planner
Date: July 13, 2017
Subject: Zoning Ordinance Amendment 17-105 Modification
At its meeting of June 22, 2017, the City Council considered a request to proceed with a
Zoning Ordinance Amendment related to consistency with the General Plan. The item was
continued, and staff offered to meet with Councilmembers to answer any questions about
the proposed changes to the ordinance. Staff did meet with Councilmember Kelly and is
recommending several minor modifications to the original recommendation. The
modifications below are inclusive of minor grammatical changes, better blending of the C-1
and PC-1 districts, and application of the Town Center Neighborhood standards as they
relate to neighborhoods south of Fairway Drive. Staff believes the proposed modifications
are minor and recommend that they be incorporated into any motion for approval, if the City
Council so desires. If approved, the ordinance and map will be updated for the second
reading.
Exhibit A
1. Section 25.20.020D4 — replace "employement" with "employment".
2. Section 25.20.020D4 — remove "that' from last sentence.
3. Section 25.20.040E1 — remove extra spacing and comma
Exhibit C
1. Section 25.10.020C — in the description of "Single-Family Residential District (R-1)"
strike the following: "and limited or small multi-family dwelling units."
2. Table 25.10-1: Use Matrix for Residential Zones — list "Group Homes" as a permitted
use in the PR zoning district.
3. Table 25.10-1: Use Matrix for Residential Zones — list "Hotels" as a conditional use
permits in the PR zoning district.
4. Section 25.10.040A — Reword last sentence to read "Multifamily dwelling units are
permitted within the R-3 district at densities between 7-40 dwelling units per acre, or
as indicated on the zoning map.
5. Section 25.10.050A4 — add ii. Previously Approved Existing Building Pads. If a
property owner can demonstrate that a previous building pad was approved by the
City or County before incorporation, a home and accessory structure(s) may be built
Corrections to ZOA 17-105
Page 2 of 2
July 13, 2017
on a previously approved existing building pad without a public hearing. The building
size shall be limited to 35 percent of the lot, which may be increased up to 50
percent with ARC approval. Enlarging a previously approved existing building pad
shall require a new public hearing subject to the provisions of this chapter.
Exhibit D
1 . Table 25.16-1 : Use Matrix for Commercial and Industrial Districts — list
"Condominium" as a conditional use in the PC3 zoning district.
2. Table 25.16-1 : Use Matrix for Commercial and Industrial Districts — under the PC1
zoning district add the following uses as permitted uses (P):
a. Convention and visitor bureaus
b. Medical, clinic
c. Medical, hospital
d. Office, professional
e. Office, local government
f. Retail, bulky items
g. Spa
h. Automotive rental agency
3. Table 25.16-1: Use Matrix for Commercial and Industrial Districts — under the PC1
zoning district add the following uses as conditional use permits (C):
a. Institution, general
b. Institution, religious
c. Automotive gasoline station
4. Table 25.16-1: Use Matrix for Commercial and Industrial Districts — under the PC1
zoning district add the following uses as requiring administrative use permits (A):
a. Outdoor sales
Exhibit Al — Zoning Map
The zoning map is incorporated by reference. Staff proposes that properties south of
Fairway Drive, between Portola Avenue and Cook Street, remain in the R-1 Single-Family
zoning district. Residential properties north of Fairway Drive, south of Candlewood Street,
between Portola Avenue and Cook Street, will be rezoned to R-2 Mixed Residential.
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: CONSIDERATION TO APPROVE A COMPREHENSIVE ZONING
ORDINANCE AMENDMENT TO CHAPTERS 25.02, 25.04, 25.10, 25.16,
25.22, AND 25.28 OF THE CITY'S ZONING ORDINANCE AND APPROVE
CHANGES TO THE CITY'S ZONING MAP TO BE CONSISTENT WITH
THE ADOPTED GENERAL PLAN
SUBMITTED BY: Ryan Stendell, Director of Community Development
Eric Ceja, Principal Planner
APPLICANT: City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
CASE NOS: ZOA/CZ 17-105
DATE: June 22, 2017
CONTENTS: 1. City Council Ordinance No.I L� ; approving changes to the City's
Zoning Ordinance
2. City Council Ordinance No. ��Jl ; approving changes to the City's
Zoning Map
3. Planning Commission Resolution No.
4. Exhibit A— Section 25.02 — "Introductory Provisions"
5. Exhibit B — Section 25.04— "Establishment of Zoning Districts"
6. Exhibit C— Section 25.10— "Residential Districts"
7. Exhibit D— Section 25.16— "Commercial and Industrial Districts"
8. Exhibit E — Section 25.22 — "Special Districts"
9. Exhibit F — Section 25.28 — "Overlay Districts"
10. Exhibit Al - Updated Zoning Map
Recommendation
1 . Waive further reading and pass Ordinance No. approving updates to
the City's Zoning Ordinance as described in Exhibits "A," °B," °C," "D," "E,"
and "F" to second reading.
2. Waive further reading and pass Ordinance No. approving Exhibit "Al
updates to the City's Zoning Map to second reading.
Strategic Plan Objective
Envision Palm Desert — Forward Together is the foundational document used to develop
the General Plan. The General Plan implementations the Strategic Plan by establishing
Staff Report
ZOA/CZ 17-105 (Consistency Update: General Plan)
Page 2 of 10
June 22, 2017
"progressive land use policies and standards to support ongoing and future needs." Chapter
1 of the General Plan, "Vision and Guiding Principles" incorporates all elements of the
Strategic Plan and advances them into five guiding principles:
1. Human Scale Design
2. Creating Lively Centers
3. Streets for All
4. Accessibility and Connectivity
5. Quality Open Spaces
The Zoning Ordinance and Zoning Map Amendments execute these guiding principles by
updating language, development standards, and use provisions within the Zoning
Ordinance to be consistent with the General Plan's. By doing so, the proposed updates
implement the Strategic and General Plan.
Executive Summary
Approval of staffs recommendation approves a comprehensive update to six (6) sections of
the City's Zoning Ordinance and amends the City's Zoning Map to be consistent with the
land use map and policies approved as part of the recently adopted General Plan. Title 7 of
the Government Code of the State of California requires that the City's Zoning Ordinance
and Zoning Map be consistent with the General Plan.
Planning Commission Recommendation
The City's Planning Commission held a public hearing to consider the amendments to the
Zoning Ordinance and Zoning Map at their meeting on June 20, 2017. At the time of printing
of this report, the Planning Commission has not taken action on the proposal and staff will
provide an update of the Planning Commission decision at the City Council public hearing.
Background
Requirements of a General Plan
For local governments, the day-to-day planning work is accomplished through two main
documents: The General Plan (guiding principles) and the Zoning Ordinance (often referred
to as the development code). A General Plan is required by California Government Code
(Section 65300) and is intended to lay out the future of a city's development in general
terms through a series of policy statements. Conversely, the Zoning Ordinance, required by
California Government Code (Section 65850), is intended to implement the General Plan by
translating its broad policy statements into specific requirements for landowners. The
Zoning Ordinance divides all lands in a city into zones (land use categories) and specifies
the permitted uses and required standards for each zone. Generally speaking, these two
documents are intended to work together to ensure orderly and thoughtful development
within the city.
Under state law, every local General Plan must address land use as part of a Land Use
Element. The adopted General Plan update includes a Land Use Element to establish a
Staff Report
ZOA/CZ 17-105 (Consistency Update: General Plan)
Page 3 of 10
June 22, 2017
long-term vision and policies for the development of the city over the next 20 — 30 years.
New policies within the General Plan are progressive in their pursuit of transformational
changes to the city's land use pattern. As such, staff is proposing a number of amendments
to the City's Zoning Ordinance to comply with the goals and policies in the General Plan.
General Plan and Zoning Ordinance Consistency
A General Plan must be internally consistent within itself and also be consistent with the
Zoning Ordinance. The majority of legal challenges to General Plans arise from
inconsistency issues between the two documents. When amendments or changes occur to
a city's General Plan, California Government Code (Section 65860) requires a city to amend
its Zoning Ordinance "within a reasonable time"so that it is consistent with the General Plan
as adopted. Since the adoption of the General Plan in January 2017, Planning Division staff
have reviewed the Zoning Ordinance and Zoning Map to identify areas that require
amendments to be consistent with the General Plan.
Discussion
Zoning Ordinance
The adopted General Plan presents a bold new vision for the city. Chapter 3: "Land Use &
Community Character" of the General Plan establishes 13 new land use designations within
the city. These designations are grouped into three (3) categories: Neighborhoods, Districts,
and Centers. Each of the 13 land use designations include descriptions and details for that
designation's "Intent and Purpose," "Physical Character," "Development Intensities,"
"Allowable Uses," "Connectivity," "General Character," and "Open Space." These
descriptions are specific in identifying land use intensities for residential densities and
commercial lot coverages (Floor Area Ratios) and provide standards for building height
limits and allowable uses. As such, staff has reviewed each land use identified in the Zoning
Ordinance and is recommending comprehensive changes to six (6) Zoning Ordinance
Chapters:
• Chapter 25.02 — Introductory Provisions
• Chapter 25.04 — Establishment of Zoning Districts
• Chapter 25.10 — Residential Districts
• Chapter 25.16 — Commercial and Industrial Districts
• Chapter 25.22 — Special Districts
• Chapter 25.28 — Overlay Districts
These chapters represent one-third (1/3) of the Zoning Ordinance and reflect the chapters
most impacted by the adopted General Plan. Because of the impact staff has focused on
these first six (6) chapters to make compatible with the adopted General Plan. Minor
corrections have been made to grammatical and formatting consistency issues throughout
the Zoning Ordinance chapters. Further minor amendments to the Zoning Ordinance may
be necessary and, if so, will be brought back to the City Council later this year. Below is a
description of the amendments to each chapter of the Zoning Ordinance.
Staff Report
ZOA/CZ 17-105 (Consistency Update: General Plan)
Page 4 of 10
June 22, 2017
Chapter 25.02— Introductory Provisions
This chapter establishes the Zoning Ordinance as the comprehensive planning program
regulating land use within the City. New language is provided to the "Role of Zoning
Ordinance" and "Purpose of the Zoning Ordinance," sections to better reflect the goals and
policies contained in the General Plan. The new language added to these sections
emphasizes the "guiding principles" of the General Plan, echo language within the General
Plan, and provides a focus on walkability and connectivity throughout the city.
Chapter 25.04 — Establishment of Zoning Districts
This chapter establishes each of the zoning districts within the city and describes how each
district corresponds and relates to land use designations contained in the General Plan.
New language is added to describe residential, commercial, industrial, special, and overlay
zoning districts. In addition, new language is added to reflect new "Downtown" land use
designations established by the One Eleven Development Code (adopted simultaneously
with the General Plan). Table 25.04-1 "Zoning Districts" contains the bulk of changes to the
chapter. The table has been updated to reflect the new General Plan land use designations
and to correspond each Zoning District to the land uses identified in the General Plan.
Because of changes to the General Plan, and because certain existing Zoning Districts are
outdated, staff is proposing to eliminate the "General Commercial (Cl)" and "Study (S)"
Zoning Districts. In addition, staff is proposing to eliminate the "Medium/High Density
Housing Overlay" and "Mixed Use" Overlay Zoning Districts. Details for the elimination of
the districts described above are provided in the chapter analyses described below.
Chapter 25.10— Residential District
The General Plan identifies five (5) specific "Neighborhood" land use designations and this
chapter is amended to reflect language and development standards contained within those
General Plan land use designations. Descriptions of each "Residential Zoning District" are
updated to echo language contained in the General Plan regarding the district's character,
connectivity, and streetscape design. These descriptive changes ensure that language in
the Zoning Ordinance is consistent with language in the General Plan. The greatest change
to this chapter is reflected in Table 25.10-1 "Use Matrix for Residential Districts" and Table
25.10-2 "Residential Zoning Districts Development Standards", which have been updated to
be consistent with the General Plan.
Table 25.10-1 "Use Matrix for Residential Districts" is updated to be consistent with the
General Plan and other provisions contained in the Zoning Ordinance. No major changes
are identified in the "Use Matrix."
Table 25.10-2 "Residential Zoning District Development Standards" is updated to reflect
language and density allowances identified in the General Plan. Specifically, the table is
updated to provide additional building height in certain zones, and reduced lot width and
rear yard setbacks requirements for denser R-2 and R-3 land use designations.
Staff Report
ZOA/CZ 17-105 (Consistency Update: General Plan)
Page 5 of 10
June 22, 2017
Chapter 25.16— Commercial and Industrial Districts
The General Plan identifies eight (8) specific "District" and "Center" land use designations
and this chapter is amended to reflect language and development standards contained
within those General Plan land use designations. Descriptions of each "Office,"
"Commercial," and "Industrial" Zoning District have been updated to echo language
contained in the General Plan regarding the district's character, connectivity, and
streetscape design. These descriptive changes ensure that language in the Zoning
Ordinance is consistent with language in the General Plan. However, an overhaul of the
entire chapter is required to make it consistent with the General Plan including changes and
elimination of the following section:
• Eliminate the "General Commercial" (C-1) Zoning District
• Eliminate the "Planned Industrial" (PI) Zoning District
• Update Table 25.16-1 "Use Matrix for Commercial and Industrial District'
• Simplification of"Special Setback Requirements"
• Update Table 25.16-4 "Commercial and Industrial District Development Standards"
Eliminate General Commercial (C-1) Zoning District
Historically, the Highway 111 corridor was predominately zoned C-1 . However, with the
adoption of the General Plan and the One Eleven Development Code, the entire area has
been rezoned to "Downtown" and/or "Downtown Edge." With the rezoning, only three
properties in the city remain in the C-1 zoning district: two at the northwest corner of
Monterey Avenue and Highway 111 (former Denny's site) and, one at the southeast corner
of Cook Street and Green Way (Jensen's Minute Shoppe). The properties at the northwest
corner are identified to on the Zoning Map Amendment to be zoned Planned Regional
Commercial (PC-3) which is consistent with the rest of the properties at the Westfield Mall
site. The Jensen's Minute Shoppe site is proposed to be rezoned to Specialty Commercial
Center" (PC-1). As applied, the rezoned properties are consistent with surrounding
properties and land use designations provided in the General Plan. Planned Commercial
(PC) zoning districts are adequate to address a range of commercial centers, and because
no other properties within the City are zoned C-1 , staff proposes elimination of the zoning
designation in its entirety.
Eliminate the "Planned Industrial" (PI) Zoning District
Currently, the Zoning Map does not identify a single property zoned Planned Industrial (PI).
The existing Service Industrial (SI) Zoning District is not sufficiently different in terms of
allowed land uses and development standards from the PI zone. Staff believes that the PI
zone is not necessary as a duplicate Industrial zoning district is not warranted.
Update Table 25.16-1 "Use Matrix for Commercial and Industrial District"
This table contains the allowable land uses for each of the city's commercial and industrial
Zoning Districts. Several changes are made to reflect the language in the General Plan that
allows for a variety of mixed uses and expands certain commercial activities within those
Staff Report
ZOA/CZ 17-105 (Consistency Update: General Plan)
Page 6 of 10
June 22, 2017
zones. In order to be consistent with the General Plan the table is updated to allow mixed-
use in all commercial zones subject to a Conditional Use Permit, and to permit commercial
recreational facilities and personal services within Planned Commercial zones. These types
of businesses are currently allowed in some Planned Commercial zones and allowance of
these businesses within these zones is consistent with the intent and character of the
commercial zoning districts. In addition, staff proposes that "Hotels" be permitted uses in the
Planned Regional Commercial (PC3) Zoning District. Several hotels have been approved
and are operating within these Zoning Districts and updating the table ensures existing and
future land uses are consistent with the Zoning Ordinance and Zoning Map.
Simplification of "Special Setback Requirements"
Section 25.16.050 "Development Standards" subsection A — "Special Setback
Requirements" provides for additional setback standards for commercial and industrial
development. Staff believes these setback standards are confusing to the development
community, limited in their applicability, and rigid when applied. As such, they can have a
negative impact on the quality of future commercial and mixed-use development and staff
believes that proper site planning is impeded by these standards. The Zoning Ordinance
also provides flexibility for Planned Commercial developments and properties that require
preparation of a specific plan and these standards conflict with those provisions. Staff is
confident that the existing entitlement process is adequate to address setback concerns and
that better site planning can be achieved by simplifying this section of the Ordinance.
Update Table 25.16-4 "Commercial and Industrial District Development Standards"
This Table has been updated to be consistent with the development standards and
allowances identified in the General Plan. The table is modified to expand "coverage"
requirements and include "Floor Area Ratios" and provides a "density range" for mixed-use
developments within commercial districts. These standards were absent from the existing
Zoning Ordinance and are provided to be consistent with the General Plan. In addition,
standards for building height and maximum stories have been updated to be consistent with
the standard provided in the General Plan. Overall, the updates to the table reflect the
standards provided in the General Plan and the updated table makes it much clearer the
standards imposed on single-use and mixed-use buildings.
Chapter 25.22— Special Districts
This chapter discusses three (3) land use designations within the city: "Public/Institutional
(P)," "Open Space (OS)," and "Study District (S)." Staff proposes elimination of the "Study
District (S)" discussed in the chapter. This district was originally established to review areas
of "changing conditions" and applied where "inadequate zoning regulations exists." Staff
believes that this district is no longer needed as the General Plan update studied the
entirety of the city and has provided specific policy guidance for land uses and
development. The implication that "inadequate zoning regulations" exist conflicts with the
General Plan and there are no areas in the city that require refined study. In addition, the
"S" zoning designation is not on the existing Zoning Map. Staff believes that the Study
District is outdated and no longer necessary and therefore, is proposing that it is eliminated
from the Zoning Ordinance. In the future, any areas or portions of the city that warrant
Staff Report
ZOA/CZ 17-105 (Consistency Update: General Plan)
Page 7 of 10
June 22, 2017
review will follow standard Zoning Ordinance Amendment procedures identified in the
Zoning Ordinance.
Chapter 25.28— Overlay Districts
This Chapter discusses twelve (12) overlay districts and provides additional land use
guidance and development standards for a range of specialized land uses. These Overlay
Zones apply to specific areas within the City, such as the "Freeway Commercial Overlay
Zone," the "El Paseo Overlay Zone," and the "Bermuda Dunes Airport Area." Other Overlay
Zones are much broader in their applicability and can be applied nearly anywhere in the
City, such as the "Senior Housing Overlay" and "Mixed Use Overlay." Because of the land
use designations provided for in the General Plan staff is proposing the elimination of
following two (2) Overlay Zones for consistency.
Medium/High Density Overlay District
There is no longer a need to maintain the Overlay Zone as it is much more restrictive then
the proposed land uses contained as part of this Zoning Ordinance and Zoning Map update.
This Overlay Zone was established to allow for additional density in, and around, the
"University Area" north of Frank Sinatra Drive. Much of the overlay area is now covered by
the University Neighborhood Specific Plan (UNSP). In addition, the General Plan provides
the remaining overlay areas with densities that exceed those allowed by the Overlay Zone.
As such, the provisions and additional densities allowed by the Overlay Zone are now
addressed by the adopted General Plan, are addressed in the Zoning Ordinance, and are
reflected on the Zoning Map.
Mixed Use Overlay District
The Overlay Zone is redundant and potentially conflicts with the development standards
identified in Table 25.16-4, and should be eliminated. This district allows for commercial and
residential mixed use within the city. Essentially, the Overlay Zone is a "floating zone" that
applies to a handful of properties and can be applied to any commercially zoned property if
requested. The Overlay also allows for additional building height should the Overlay Zone
be applied to the base Zoning District. The General Plan and the proposed Zoning
Ordinance Amendment allow for mixed-use development within all commercially zoned
property and Table 25.16-4 "Commercial and Industrial District Development Standards" is
updated to reflect new mixed-use standards.
Zoning Map
The city's Zoning Map is updated to reflect Figure 3.1 "Land Use Designations" of the
General Plan. The General Plan created new land use designations and provided additional
density allowances on certain residential properties, and as such the Zoning Map has been
updated to be consistent with Figure 3.1. As provided in Figure 1.1 "Degrees of Change"of
the General Plan, much of the city's zoning designations remain the same. However,
transformational changes to the northern portion of the city and the Highway 111 corridor
were approved and the new zoning designations are reflected on the Map.
Staff Report
ZOA/CZ 17-105 (Consistency Update: General Plan)
Page 8 of 10
June 22, 2017
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Major changes to the Zoning Map include:
• Changes to the existing "Residential Single-Family" (R1) zoning districts around the
"City Center" to "Mixed-Residential" (R2). This includes neighborhoods north of
Highway 111, south of the Park View Drive, and generally between Town Center
Way and Deep Canyon Drive.
• Changes to the existing R1 neighborhood south of Candlewood Street and between
Cook Street and Portola Avenue to R2.
• The existing map provides parenthesis (x) that indicate the density permitted on
certain R2 and R3 zoned properties. These parentheses bare little relationship to the
densities allowed by the Zoning District and are therefore not consistent with the
Zoning Ordinance. The Zoning Ordinance has been updated to reflect the proper
density allowance for each zone and as such the parenthesis (x) system of zoning is
no longer required and has been removed from properties on the Zoning Map. In
addition, the language referencing the parentheses system has been removed from
the Zoning Map.
• The three (3) remaining C1 commercial properties; two at the northwest corner of
Monterey Avenue and Highway 111, and one at the southeast corner of Cook Street
and Green Way; are changed to PC3 and PC1 respectively.
• Changes to the former "Santa Rosa Golf Club" site from Open Space (OS) to
Planned Residential — 22 (PR-22). This change is consistent with the adjacent PR-
Staff Report
ZOA/CZ 17-105 (Consistency Update: General Plan)
Page 9 of 10
June 22, 2017
22 "Catavina" residential site and is consistent with the density range provided for
"Town Center Neighborhoods" land use designation provided in the General Plan.
• Reversion of the "Planned Commercial Development" overlay designations to
properties identified in the now expired "Wonder Palms Master Plan" to their original
zoning designations of Service Industrial (SI) and Planned Regional Commercial
(PC3).
• Updates to the density allowance on the City's 128-acre parcels south of Gerald
Ford Drive from PR-5 to PR-22 to be consistent with the "Town Center
Neighborhood" land use designation provided in the General Plan.
• Providing a "split zone" for SI zoned properties along Country Club Drive between
Harris Lane and Park Center Drive, where buildings fronting Country Club are zoned
Planned District Commercial (PC2) and buildings fronting Springfield Lane continue
to be zoned SI.
Analysis
The amendments to the City's Zoning Ordinance and Zoning Map reflect the guiding
principles, policies, and land use designations contained in the adopted General Plan.
These amendments truly execute the goals and policies of the General Plan as they relate
to land use. The changes are necessary to ensure the Zoning Ordinance is consistent with
the General Plan as required by state law. The changes proposed as part of this Zoning
Ordinance Amendment represent a 1/3 of the total Zoning Ordinance; however, they are the
Chapters most affected by consistency issues between the General Plan and Zoning
Ordinance. Revisions to other Chapters of the Zoning Ordinance will be brought back to the
City Council at a future date.
CEQA
The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the
California Environmental Quality Act (CEQA), has reviewed and considered the
amendments to the Zoning Ordinance and Zoning Map and has determined that any
environmental impacts associated with the changes have been sufficiently reviewed by the
Environmental Impact Report prepared as part of the General Plan Update.
Staff Report
ZOA/CZ 17-105 (Consistency Update: General Plan)
Page 10 of 10
June 22, 2017
Fiscal Analysis
The amendments to the Zoning Ordinance and Zoning Map have no direct fiscal impact on
the City's General Fund.
Submitted By:
Eric Ceja, Principal Planner
Ryan Stendell, Director of Community Development
Lauri Aylaian, City Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA APPROVING CHANGES TO THE CITY'S
ZONING MAP TO BE CONSISTENT WITH THE GENERAL PLAN
WHEREAS, on November 10, 2016, the City Council of the City of Palm Desert
adopted a comprehensive General Plan update setting forth a 20-30 year vision and guiding
document for development of the City; and
WHEREAS, the adopted General Plan contains new land use designations that allow
for greater building height, mixed-use, and emphasis on connectivity between residential and
commercial land use; and
WHEREAS, in order to be consistent with the vision of the General Plan land use
designations comprehensive changes are required to the City's Zoning Map; and
WHEREAS, of the City of Palm Desert, California ("City Council") did on the 221h day of
June, 2017, hold a duly noticed public hearing to consider the request by the City of Palm
Desert for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
20th day of June, 2017, hold a duly noticed public hearing and recommended approval of the
request by the City of Palm Desert of the above noted; and
WHEREAS, the City Council of the City of Palm Desert, California has determined that
the changes to the City's Zoning Map are consistent with the General Plan; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find
the following facts and reasons to exist to approve said request:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California as follows:
SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing
recitals as its findings in support of the following regulations and further finds that the
following regulations are beneficial and appropriate to protect the health, safety and welfare
of the residents and businesses of Palm Desert within the City limits.
SECTION 2. Adoption of changes to the Zoning Map are made to reflect the
land use designations of the adopted General Plan and the Zoning Map is
incorporated by reference as part of this Ordinance.
SECTION 3. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof.
ORDINANCE NO.
SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this ordinance in The Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be in full
force and effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 22nd day of June, 2017, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAN C. HARNIK, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
GAPlanning\Eric Ceja\Case Files\ZOA\ZOA 17-105 Zoning Consistency Update\CC\City Council Ordinance-Zoning Map.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA APPROVING A COMPREHENSIVE ZONING
ORDINANCE AMENDMENT TO CHAPTER 25.02, 25.04, 25.10, 25.16,
25.22, AND 25.28 OF THE CITY'S ZONING ORDINANCE TO BE
CONSISTENT WITH THE GENERAL PLAN
WHEREAS, on November 10, 2016, the City Council of the City of Palm Desert
adopted a comprehensive General Plan update setting forth a 20-30 year vision and guiding
document for development of the City; and
WHEREAS, the adopted General Plan contains new land use designations that allow
for greater building height, mixed-use, and emphasis on connectivity between residential and
commercial land use; and
WHEREAS, in order to be consistent with the vision of the General Plan
comprehensive changes are required to the City's Zoning Ordinance; and
WHEREAS, of the City of Palm Desert, California ("City Council") did on the 22th day of
June, 2017, hold a duly noticed public hearing to consider the request by the City of Palm
Desert for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
20th day of June, 2017, hold a duly noticed public hearing and recommended approval of the
request by the City of Palm Desert of the above noted; and
WHEREAS, the City Council of the City of Palm Desert, California has determined that
the amendments to Zoning Ordinance Chapters 25.02, 25.04, 25.10, 25.16, 25.22, and 25.28
of the Palm Desert Municipal Code are consistent with the General Plan; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find
the following facts and reasons to exist to approve said request:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California as follows:
SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing
recitals as its findings in support of the following regulations and further finds that the
following regulations are beneficial and appropriate to protect the health, safety and welfare
of the residents and businesses of Palm Desert within the City limits.
SECTION 2. Adoption of amendments to Chapter 25.02 "Introductory
Provisions" of the City's Zoning Ordinance as identified in Exhibit "A" attached to
this Ordinance.
SECTION 3. Adoption of amendments to Chapter 25.04 "Establishment of
Zoning District" of the City's Zoning Ordinance as identified in Exhibit "B" attached
to this Ordinance.
ORDINANCE NO.
SECTION 4. Adoption of amendments to Chapter 25.10 "Residential Districts"
of the City's Zoning Ordinance as identified in Exhibit "C" attached to this Ordinance.
SECTION 5. Adoption of amendments to Chapter 25.16 "Commercial and
Industrial Districts" of the City's Zoning Ordinance as identified in Exhibit "D"
attached to this Ordinance.
SECTION 6. Adoption of amendments to Chapter 25.22 "Special Districts: of
the City's Zoning Ordinance as identified in Exhibit "E" attached to this Ordinance.
SECTION 7. Adoption of amendments to Chapter 25.28 "Overlay Districts" of
the City's Zoning Ordinance as identified in Exhibit "F" attached to this Ordinance.
SECTION 8. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof.
SECTION 9. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this ordinance in The Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be in full
force and effect thirty(30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 22nd day of June, 2017, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAN C. HARNIK, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
G:\Planning\Eric Ceja\Case Files\ZOA\ZOA 17-105 Zoning Consistency Update\CC\City Council Ordinance-Zoning Ord..doc
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
CITY COUNCIL PUBLIC HEARING MEMORANDUM
To: Honorable Mayor and Members of the City Council
From: Eric Ceja, Principal Planner
Date: July 13, 2017
Subject: Zoning Ordinance Amendment 17-105 Modification
At its meeting of June 22, 2017, the City Council considered a request to proceed with a
Zoning Ordinance Amendment related to consistency with the General Plan. The item was
continued, and staff offered to meet with Councilmembers to answer any questions about
the proposed changes to the ordinance. Staff did meet with Councilmember Kelly and is
recommending several minor modifications to the original recommendation. The
modifications below are inclusive of minor grammatical changes, better blending of the C-1
and PC-1 districts, and application of the Town Center Neighborhood standards as they
relate to neighborhoods south of Fairway Drive. Staff believes the proposed modifications
are minor and recommend that they be incorporated into any motion for approval, if the City
Council so desires. If approved, the ordinance and map will be updated for the second
reading.
Exhibit A
1. Section 25.20.020D4 — replace "employement" with "employment'.
2. Section 25.20.020D4 — remove "that' from last sentence.
3. Section 25.20.040E1 — remove extra spacing and comma
Exhibit C
1 . Table 25.10-1: Use Matrix for Residential Zones — list "Group Homes" as a permitted
use in the PR zoning district.
2. Table 25.10-1 : Use Matrix for Residential Zones — list "Hotels" as a conditional use
permits in the PR zoning district.
3. Section 25.10.040A — Reword last sentence to read "Multifamily dwelling units are
permitted within the R-3 district at densities between 7-40 dwelling units per acre, or
as indicated on the zoning map.
4. Section 25.10.050A4 — add ii. Previously Approved Existing Building Pads. If a
property owner can demonstrate that a previous building pad was approved by the
City or County before incorporation, a home and accessory structure(s) may be built
on a previously approved existing building pad without a public hearing. The building
size shall be limited to 35 percent of the lot, which may be increased up to 50
Corrections to ZOA 17-105
Page 2 of 2
July 13, 2017
percent with ARC approval. Enlarging a previously approved existing building pad
shall require a new public hearing subject to the provisions of this chapter.
Exhibit D
1. Table 25.16-1: Use Matrix for Commercial and Industrial Districts — list
"Condominium" as a conditional use in the PC3 zoning district.
2. Table 25.16-1 : Use Matrix for Commercial and Industrial Districts — under the PC1
zoning district add the following uses as permitted uses (P):
a. Convention and visitor bureaus
b. Medical, clinic
c. Medical, hospital
d. Office, professional
e. Office, local government
f. Retail, bulky items
g. Spa
h. Automotive rental agency
3. Table 25.16-1 : Use Matrix for Commercial and Industrial Districts — under the PC1
zoning district add the following uses as conditional use permits (C):
a. Institution, general
b. Institution, religious
c. Automotive gasoline station
4. Table 25.16-1 : Use Matrix for Commercial and Industrial Districts — under the PC1
zoning district add the following uses as requiring administrative use permits (A):
a. Outdoor sales
Exhibit Al — Zoning Map
The zoning map is incorporated by reference. Staff proposes that properties south of
Fairway Drive, between Portola Avenue and Cook Street, remain in the R-1 Single-Family
zoning district. Residential properties north of Fairway Drive, south of Candlewood Street,
between Portola Avenue and Cook Street, will be rezoned to R-2 Mixed Residential.
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262
760-778-4578/Fax 760-7784731
State Of California ss: + ��
County of Riverside
r t*I
rn x�rn
Advertiser: CITY OF PALM DESERT
73510 FRED WARING DR City of Palm Desert �0
PALM DESERT CA 92260 h-.1
JUN 27:2017 0
Order# 0002197910 CD ^+
Community De"W"I"t
I am over the age of 18 years old, a citizen of
the United States and not a party to, or have
interest in this matter. I hereby certify that the
attached advertisement appeared in said
newspaper(set in type not smaller than non
pariel)in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates,to wit:
Newspaper: The Desert Sun
6/9/2017 NO 0821: CITY OF PALM DESERT
LEGAL NOTICE
CASE NOS.ZOA 17-105
NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO AMEND
THE CITY'S ZONING ORDINANCE AND ZONING MAP TO BE CONSISTENTCY WITH
I acknowledge that I am a principal clerk of the THE GENERAL PLAN
The City of Palm Desert(City),in its capacity as the Lead Agency for this project
printer of The Desert Sun, printed and
under the California Environmental Quality Act(CEQA),has reviewed and con-
sidered week) in the City of Palm Springs, sidered the amendments to the zoning ordinance and zoning map and has de-
publishedY Ytermined that any environmental impacts associated with the changes have
Count of Riverside, State of California. The been sufficiently reviewed by the Environmental Impact Report prepared as
Y part of the General Plan Update.
Desert Sun was adjudicated a Newspaper of Project Location/Description:
Project Location:Citywide
general circulation on March 24, 1988 by the Project Description:The project consists of text amendments to the City's zon-
ing ordinance and changes to the City's zoning map. These changes are pro-
Superior Court of the County of Riverside, posed to bring the City's zoning ordinance and map into conformance with the
recently adopted General Plan.Per State law,zoning ordinances and maps are
State of California Case No. 191236. required to be consistent with land use designations and text identified in the
General Plan.
Recommendation:Staff is recommending approval of the proposed text and
map amendments.
Public Hearing:The public hearing will be held before the Planning Commission
on June 20,2017,at 6:00 p.m.The City Council will hold a public hearing on the
proposed amendments to the applications on June 22,2017,at 4:00 pm.
Public Review:The proposed amendments are available for public review daily
I declare under penalty of perjury that the at City Hall.Please submit written comments to the Planning Department.If any
group challenges the action in court,issues raised may be Limited to only those
fore Oln Is true and correct. Executed On issues raised at the public hearing described in this notice or in written corre-
9 9 spondence at,or prior to the City Council public hearing.All comments and any
questions should be directed to:
this 9th day of JUNE, 2017 in Palm Springs, Eric Ceja,Principal Planner
City of Palm Desert
California. 73-510 Fred Waring Drive
Palm Desert,CA 92260
(760)346-0611
ecej a*cityofpal mdesert.org
RACHELLE D.KLASSEN,CITY CLERK
CITY OF PALM DESERT,CALIFORNIA Published:6/09/2017
Declarant
I I y 01 P H 0 1 1 N I
5 73— IO FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346—o6i i
info@ cityofpalmdesert.org
June 8, 2017
Dear Palm Desert Property Owner,
You are invited to attend two upcoming public hearings where the Palm Desert Planning
Commission and the Palm Desert City Council will consider proposed changes to the City's
Zoning Ordinance that will affect your property.
The hearing before the Planning Commission will take place on Tuesday, June 20, at 6 p.m.
The hearing before the City Council will take place on Thursday, June 22, at 4 p.m.
Both public hearings will take place in the Council Chamber at City Hall, located at 73510 Fred
Waring Drive in Palm Desert.
The public hearings will provide you and other property owners with opportunities to share your
input regarding the proposed changes, which will alter your property's zoning to make it
consistent with the City's recently updated General Plan.
The proposed zoning changes are available for public review in the Planning Department at City
Hall from 8 a.m. to 5 p.m. Monday through Friday.
Comments regarding the proposed changes can be provided during the Public Hearing and in
writing prior to the hearing. Written protests may be submitted by mail or in person to the
Planning Department at 73510 Fred Waring Drive, Palm Desert, California, 92260, or at the
aforementioned public hearings and must be received prior to the end of the hearing's public
comment period. These comments are encouraged and welcomed as they are the only ones
that can be considered as part of any subsequent legal challenge to the amendments.
The City Council will consider all written protests, as well as comments made during the public
hearing, and then deliberate whether to adopt the proposed zoning changes.
For more information, please contact the City's Planning Department at 760-346-0611, ext.
483.
Sincerely,
Eric Ceja, Principal Planner
City of Palm Desert
i�PRIMED ON RF(Y(LED PNPFR
MAIL2NAME MAUSTREET MAIL2CITY MAIL2ZIP
JOHN HENSLER 1130 E MISSOURI STE 890 PHOENIX AZ 85014
Owner/Occupant 285 W FOOTHILL BLV ARCADIA CA 91006
Owner/Occupant 11711 NE 12TH ST NO 3A BELLEVUE WA 98005
Owner/Occupant 1545 FARADAY AVE CARLSBAD CA 92008
ORR AND ASSOC 77734 COUNTRY CLUB STE F2 PALM DESERT CA 92211
Owner/Occupant 1545 FARADAY AVE CARLSBAD CA 92008
Owner/Occupant P 0 BOX 2816 PALM SPRING CA 92263
TAX DEPT 8051 CONGRESS AVE STE 100 BOCA RATON FL 33487
Owner/Occupant 1545 FARADAY AVE CARLSBAD CA 92008
Owner/Occupant 17461 DERIAN AVE STE 108 IRVINE CA 92614
Owner/Occupant-PMB 312 5901 WARNER AVE HUNTINGTON BEACH CA 92649
Owner/Occupant 1707 BLAKE WAY UPLAND CA 91784
TAHIR MAJID 81709 DR CARREON NO C4 INDIO CA 92201
Owner/Occupant 1707 BLAKE WAY UPLAND CA 91784
ROBIN T WALTER 77734 COUNTRY CLUB DR STE L PALM DESERT 92211
Owner/Occupant 1707 BLAKE WAY UPLAND CA 91784
DAVID WEDDLE PO BOX 13164 PALM DESERT CA 92255
LARRY GOODWIN 77734 COUNTRY CLUB DR E PALM DESERT CA 92211
Owner/Occupant 49410 ALI CT LA QUINTA CA 92253
RONALD HOLBERT 77734 COUNTRY CLUB DR C PALM DESERT 92211
Owner/Occupant 3850 CHERRY AVE LONG BEACH CA 90807
Owner/Occupant 6 AMALFI DR PALM DESERT CA 92211
DAVID WEDDLE PO BOX 13164 PALM DESERT CA 92255
MICHAELJOSEPH BUCCINO 77734 COUNTRY CLUB DR A2 PALM DESERT 92211
EDDIE SANIN 72670 FRED WARING DR 201 PALM DESERT CA 92260
IMAGE DECOR 77734 COUNTRY CLUB DR A PALM DESERT 92211
Owner/Occupant 73124 GUADALUPE AVE PALM DESERT CA 92260
DANA HAYNES 4340 VON KARMAN AVE 110 NEWPORT BEACH CA 92660
SAMANTHA M WARD 77682 COUNTRY CLUB DR K PALM DESERT 92211
DANA HAYNES 4340 VON KARMAN AVE 110 NEWPORT BEACH CA 92660
Owner/Occupant 6 BELLEZA IRVINE CA 92620
Owner/Occupant 49850 RANCHO SAN JULIAN LA QUINTA CA 92253
Owner/Occupant 77682 COUNTRY CLUB DR NO F PALM DESERT CA 92211
KARRYN L GREGORY 80501 DENTON DR INDIO CA 92203
DANA HAYNES 4340 VON KARMAN AVE 110 NEWPORT BEACH CA 92660
JEFFREY BRONZ YOUNG 77682 COUNTRY CLUB DR B PALM DESERT 92211
DANA HAYNES 4340 VON KARMAN AVE 110 NEWPORT BEACH CA 92660
Owner/Occupant 31 ABBY RD RANCHO MIRAGE CA 92270
Owner/Occupant 31 ABBY RD RANCHO MIRAGE CA 92270
PMB 312 5901 WARNER AVE HUNTINGTON BEACH CA 92649
LAKESIDE INV PROP 42210 COOK ST H PALM DESERT CA 92260
TAX DEPT 11000 VI KING DR NO 200 EDEN PRAIRIE MN 55344
Owner/Occupant PO BOX 754 RANCHO MIRAGE CA 92270
Owner/Occupant 45900 PORTOLA AVE PALM DESERT CA 92260
Owner/Occupant 72175 PAINTERS PATH STE A PALM DESERT CA 92260
Owner/Occupant 47535 HIGHWAY 74 PALM DESERT CA 92260
Owner/Occupant 47321 HIGHWAY 74 PALM DESERT CA 92260
Owner/Occupant 790 OLD CRYSTAL BAY RD WAYZATA MN 55391
WESTREC MARINAS 16633 VENTURA BLV 6TH FL ENCINO CA 91436
Owner/Occupant 16 CHICORY LN RIVERWOODS IL 60015
Owner/Occupant 255 PALOWET DR PALM DESERT CA 92260
RAINIER TRUST 3101 N CENTRAL AVE 1390 PHOENIX AZ 85012
Owner/Occupant 3800 BLACKHAWK RD NO 140 DANVILLE CA 94506
Owner/Occupant 7 RIVA DR NEWPORT COAST CA 92657
RICHARD C LAVER 282 METATE PL PALM DESERT CA 92260
BIGHORN DEV 255 PALOWET DR PALM DESERT CA 92260
IRA E RITTER 226 WIKIL PL PALM DESERT CA 92260
Owner/Occupant 711 1/2 N IRENA AVE REDONDO BEACH CA 90277
Owner/Occupant 4225 W LAKE PARK BLV WEST VALLEY CITY UT 84120
CURTIS G DUNHAM 238 WIKIL PL PALM DESERT CA 92260
RICHARD E LAWSON 179 WIKIL PL PALM DESERT CA 92260
Owner/Occupant 1205 SW 61ST CT PORTLAND OR 97221
Owner/Occupant 7444 LA MANTANZA SAN DIEGO CA 92127
Owner/Occupant 255 PALOWET DR PALM DESERT CA 92260
WILLIAM M KUBLY 2417 RIDGE DR LINCOLN NE 68512
NANCY RITMIRE GIULIANO 149 METATE PL PALM DESERT CA 92260
Owner/Occupant 42335 WASHINGTON STE F14 PALM DESERT CA 92211
Owner/Occupant 16 CHICORY LN RIVERWOODS IL 60015
ED BURGER 255 PALOWET DR PALM DESERT CA 92260
Owner/Occupant 212 26TH ST#138 SANTA MONICA CA 90402
Owner/Occupant PO BOX 58 SALT LAKE CITY UT 84110
Owner/Occupant 1335 FIELDS LN SIMPSONVILLE KY 40067
Owner/Occupant 1020 FRANCISCO PL SAN FRANCISCO CA 94109
Owner/Occupant 1455 S W MYRTLE DR PORTLAND OR 97201
Owner/Occupant 6600 S TIMBERLANE RD TULSA OK 74136
Owner/Occupant 905 LAKE ST S NO 302 KIRKLAND WA 98033
MARY SHINN 142 WIKIL PL PALM DESERT CA 92260
Owner/Occupant 125 METATE PL PALM DESERT CA 92260
Owner/Occupant 2525 W BRIDGER RD SANDY UT 84104
Owner/Occupant 6433 WINDING RIDGE CIR LINCOLN NE 68512
Owner/Occupant 3265 67TH AVE SE MERCER ISLAND WA 98040
Owner/Occupant 230 W TOWNE RIDGE NO 510 SANDY UT 84070
Owner/Occupant 7911 ENGEN LOOP PARK CITY UT 84098
ROBB HENDERSON 879 GLADIOLA ST SALT LAKE CITY UT 84104
JOHN F ACKERMANN 118 WIKIL PL PALM DESERT CA 92260
MICHAEL MOLUS LION SERVICES LTD 154 WIKIL PL 92260
Owner/Occupant P 0 BOX 2253 BEND OR 97709
DAVID MCFARLAND 148 WIKIL PL PALM DESERT CA 92260
Owner/Occupant 16 CHICORY LN RIVERWOODS IL 60015
Owner/Occupant 1975 MCKENDREE RD WEST FRIENDSHIP MD 21794
Owner/Occupant 25042 LINDA VISTA DR LAGUNA HILLS CA 92653
Owner/Occupant 3265 67TH AVE SE MERCER ISLAND WA 98040
Owner/Occupant 514 N BEDFORD DR BEVERLY HILLS CA 90210
MR PETER BROWN 1500 999 WEST HASTINGS VANCOUVER BC CANADA V6C2W2
Owner/Occupant 1228 KAY DR WEST CHERRY HILL NJ 8034
Owner/Occupant 702 CEDAR GATE CIR DULUTH MN 55811
ALICE F ROSENBLATT 200 WIKETMAL PL PALM DESERT CA 92260
Owner/Occupant 2828 N HARWOOD ST NO 1700 DALLAS TX 75201
Owner/Occupant 5026 FRANKFORD AVE LUBBOCK TX 79424
PAMELA SARDA 184 WIKIL PL PALM DESERT CA 92260
RUSSELL D HILES 155 METATE PL PALM DESERT CA 92260
CYNTHIA L DAWSON AUSTIN 2811 E EVERGREEN BL VANCOUVER WA 98661
Owner/Occupant 34 AVONHERST ST WINNIPEG MB CANADA R3M2V1
Owner/Occupant P 0 BOX 1278 TACOMA WA 98401
Owner/Occupant 101 METATE PL PALM DESERT CA 92260
ZIMRING MORRIS H REV TRUST 112 WIKIL PL PALM DESERT CA 92260
Owner/Occupant P 0 BOX 2281 RANCHO SANTA FE CA 92067
Owner/Occupant 49 SCENIC CRESTTR RANCHO MIRAGE CA 92270
Owner/Occupant 509 S BEVERLY DR BEVERLY HILLS CA 90212
Owner/Occupant 4910 LINCOLN DR EDINA MN 55436
Owner/Occupant 3601 RIGBY RD MIAMISBURG OH 45342
Owner/Occupant 100 WANISH PL PALM DESERT CA 92260
KRISTI HANSON 72185 PAINTERS PATH NO A PALM DESERT CA 92260
CAROLYN HURSH 175 PINETREE DR SW CALGARY AB CANADA T3Z3K4
Owner/Occupant 1100 PARK AVE APT 11C NEW YORK NY 10128
PETER MCILROY 101 WANISH PL PALM DESERT CA 92260
Owner/Occupant 2995 WOODSIDE RD NO 400 WOODSIDE CA 94062
Owner/Occupant 202 OCEAN DR MANHATTAN BEACH CA 90266
Owner/Occupant 220 190 BOUDREAU RD ST ALBERT AB CANADA T8N6B9
Owner/Occupant 100 WANISH PL PALM DESERT CA 92260
FRED P COX 136 SIVAT DR PALM DESERT CA 92260
Owner/Occupant 1020 CORPORATION NO 100 PALO ALTO CA 94303
Owner/Occupant 7267 PURPLE SAGE PARK CITY UT 84098
Owner/Occupant P 0 BOX 2922 DUBLIN CA 94568
Owner/Occupant 16 CHICORY LN RIVERWOODS IL 60015
Owner/Occupant 119 NAVTEM PL PALM DESERT CA 92260
Owner/Occupant 136 SIVAT DR PALM DESERT CA 92260
Owner/Occupant 3501 SW FAIRLAWN RD TOPEKA KS 66614
Owner/Occupant 400 E FOX DEN DR KNOXVILLE TN 37934
Owner/Occupant 83 SPEEN ST NATICK MA 1760
Owner/Occupant 3920 N OCEAN DR NO 5B RIVIERA BEACH FL 33404
AMIR DAVID TAHERNIA 155 WANISH PL PALM DESERT CA 92260
Owner/Occupant 2839 VIZZOLINI CT PLEASANTON CA 94566
Owner/Occupant 771 LAKESHORE DR SAGLE ID 83860
Owner/Occupant 210 EARLE BRANCH RD CENTREVILLE MD 21617
Owner/Occupant 2021 LEWIS AVE STE 400 TULSA OK 74104
Owner/Occupant 83 SPREEN ST NATICK MA 1760
Owner/Occupant 1525 VIA FERNANDEZ PALOS VERDES EST CA 90274
Owner/Occupant 10515 SW ALLEN BLV BEAVERTON OR 97005
JOHN G PAULSON 258 METATE PL PALM DESERT 92260
Owner/Occupant 2626 COLE AVE NO 450 DALLAS TX 75204
Owner/Occupant P 0 BOX 2329 SANTA ROSA CA 95405
Owner/Occupant PO BOX 5470 AVON CO 81620
Owner/Occupant 210 EARLE BRANCH RD CENTREVILLE MD 21617
PETER MCILROY 160 WANISH PL PALM DESERT CA 92260
Owner/Occupant 941 ANDREAS CANYON PALM DESERT CA 92260
Owner/Occupant 127 ALTA VISTA DR ATHERTON CA 94027
WILLIAM W STUART 201 WIKETMAL PALM DESERT CA 92260
Owner/Occupant 4305 JUNIPER TR RENO NV 89519
Owner/Occupant 140 MEADOWCROFT WAY SANTA ROSA CA 95403
Owner/Occupant 30 PHEASANT RUN PL DANVILLE CA 94506
Owner/Occupant P 0 BOX 8690 KETCHUM ID 83340
JAMES E HUMMER 101 METATE PL PALM DESERT 92260
Owner/Occupant P 0 BOX 1680 SARATOGA WY 82331
Owner/Occupant 1925 CENTURY PARK E 1260 LOS ANGELES CA 90067
BETSY BURTON 1011 MOUNTAIN SPRINGS PALM DESERT CA 92260
RONALD S HALL 2000 W MARSHALL DR GRAND PRAIRIE TX 75051
JOHN GEORGE STEWART 155 NETAS DR PALM DESERT CA 92260
Owner/Occupant P 0 BOX 2281 RANCHO SANTA FE CA 92067
JIM HUMMER 101 METATE PL PALM DESERT CA 92260
Owner/Occupant 4645 SOMMERSET AVE SE BELLEVUE WA 98006
Owner/Occupant 1700 7TH AVE STE 1800 SEATTLE WA 98101
Owner/Occupant 3EBC CHECKERBOARD SQ ST LOUIS MO 63164
Owner/Occupant 803 N RODEO DR BEVERLY HILLS CA 90210
ROBERT MILLER 865 S FIGUEROA STE 700 LOS ANGELES CA 90017
Owner/Occupant 95 INVERLEITH TERRACE PIEDMONT CA 94611
Owner/Occupant P 0 BOX 1183 LAKE ARROWHEAD CA 92352
Owner/Occupant P 0 BOX 8107 HORSESHOE BAY TX 78657
SARAH P CAVAN CLAIRE A GAGAN 190 NETUS DR 92260
Owner/Occupant PO BOX 1969 GIG HARABOR WA 98335
Owner/Occupant 8454 EL PASEO GRANDE LA JOLLA CA 92037
Owner/Occupant 774 MAYS BLV NO 10 667 INCLINE VILLAGE NV 89451
Owner/Occupant 803 N RODEO DR BEVERLY HILLS CA 90210
JAMES S MORLEY 113 TEPIN WAY PALM DESERT CA 92260
STEVEN LIPSON 124 SUUWAT WAY PALM DESERT CA 92260
Owner/Occupant 9310 SE 5TH ST BELLEVUE WA 98004
Owner/Occupant 701 BEECHWOOD DR MERIDIAN MS 39305
Owner/Occupant P 0 BOX 402 GLENBROOK NV 89413
Owner/Occupant 500 LOS ALTOS AVE LONG BEACH CA 90814
Owner/Occupant 717 N WALDEN DR BEVERLY HILLS CA 90210
JOHN DESILETS 167 WIKIL PL PALM DESERT CA 92260
Owner/Occupant 8 S WOODDUCK PL SIOUX FALLS SD 57105
Owner/Occupant 99 UNION ST NO 1601 SEATTLE WA 98101
Owner/Occupant P 0 BOX 20096 PORTLAND OR 97294
Owner/Occupant 575 AMALFI DR PACIFIC PALISADES CA 90272
JAMES HUMMER 101 METATE PL PALM DESERT CA 92260
Owner/Occupant 408 WESSEX RD VALPARAISO IN 46385
KATHLEEN GILLMAN 130 TEKIS PL PALM DESERT CA 92260
Owner/Occupant 30 RIVERSIDE CRESCENT EDMONTON AB CANADA T5N3M5
Owner/Occupant 7444 LA MANTANZA SAN DIEGO CA 92127
Owner/Occupant P 0 BOX 7227 RANCHO SANTA FE CA 92067
EMANUEL M RIDER 161 METATE PL PALM DESERT CA 92260
Owner/Occupant 124 SUUWAT WAY PALM DESERT CA 92260
GORDON R DIAMOND 1292 VENABLES ST VANCOUVER BC CANADA V6A4B4
Owner/Occupant 216 MONTREAL ST PLAYA DEL REY CA 90293
Owner/Occupant 10620 S HIGHLANDS PKWY#1272 383 LAS VEGAS NV 89141
Owner/Occupant 5481 ST CROIX TRAIL#200 NORTH BRANCH MN 55056
Owner/Occupant 640 ROBERT YORK AVE 109 DEERFIELD IL 60015
Owner/Occupant 12 CAPE ANDOVER NEWPORT BEACH CA 92660
Owner/Occupant 2277 WORTHING LN LOS ANGELES CA 90077
Owner/Occupant 123 NETAS DR PALM DESERT CA 92260
Owner/Occupant 30 SCENIC OAKS DR N BLOOMFIELD HILLS MI 48304
Owner/Occupant 96 CASCADE KEY BELLEVUE WA 98006
ALLAN FENWICK 20 STEELE VALLEY RD THORNHILL ON CANADA L3T1M3
Owner/Occupant 105 NETAS CT PALM DESERT CA 92260
Owner/Occupant PO BOX 905 HOBBS NM 88241
Owner/Occupant 30 SCENIC OAKS DR N BLOOMFIELD HILLS MI 48304
Owner/Occupant 9400 E VIA DEL SOL DR SCOTTSDALE AZ 85255
Owner/Occupant 4 8 18 YASUNAKA CHO YAO CITY OSAKA JAPAN
Owner/Occupant P 0 BOX 607 BLOOMFIELD MI 48303
Owner/Occupant 4350 LA JOLLA VILLAGE 320 SAN DIEGO CA 92122
BETSY BURTON 1011 MOUNTAIN SPRINGS PALM DESERT CA 92260
Owner/Occupant 129 CATHERINE CT ORINDA CA 94563
INVESTCO FINANCIAL CORP 1302 PUYALLUP ST SUMNER WA 98390
NO 200 10474 SANTA MONICA BLV LOS ANGELES CA 90025
Owner/Occupant 348 METATE PL PALM DESERT CA 92260
Owner/Occupant 56 E BROADWAY STE 210 FOREST LAKE MN 55025
Owner/Occupant 941 ANDREAS CANYON PALM DESERT CA 92260
Owner/Occupant 1665 SNAPDRAGON CT HIGHLAND PARK IL 60035
EDWARD A BURGER 72650 FRED WARING NO 202 PALM DESERT CA 92260
Owner/Occupant 587 MANONWOOD CT WATERLOO ON CANADA N2K3L7
Owner/Occupant 4534 GORDON POINT DR VICTORIA BC CANADA V8N6L2
RONALD S HALL 2000 W MARSHALL DR GRAND PRAIRIE TX 75051
Owner/Occupant 4910 LINCOLN DR EDINA MN 55436
Owner/Occupant 6000 SOUTHERN HILLS DR FLOWER MOUND TX 75022
Owner/Occupant 441 LAKESIDE TERRACE GLENCOE IL 60022
Owner/Occupant 1455 SW MYRTLE DR PORTLAND OR 97201
RONALD E SNOW 104 NETAS CT PALM DESERT CA 92260
Owner/Occupant 25264 ELDORADO MEADOW HIDDEN HILLS CA 91302
Owner/Occupant 400 E MILL PLAIN BLV 500 VANCOUVER WA 98660
Owner/Occupant 752 W LA JOLLA ST PLACENTIA CA 92870
Owner/Occupant 121 NETAS DR PALM DESERT CA 92260
Owner/Occupant P 0 BOX 681057 PARK CITY UT 84068
Owner/Occupant 3507 40TH ST DELTA BC CANADA V4K3N2
Owner/Occupant 5215 OLD ORCHARD NO 440 SKOKIE IL 60077
Owner/Occupant 8033 W SUNSET BLV NO 2250 LOS ANGELES CA 90046
Owner/Occupant P 0 BOX 1680 SARATOGA WY 82331
Owner/Occupant P 0 BOX 10669 SAN BERNARDINO CA 92423
THINK TANK NTG 101 W 84TH DR MERRILLVILLE TN 46410
PMB 630 18685 MAIN STNO A HUNTINGTON BEACH CA 92648
Owner/Occupant 27969 BLACK MOUNTAIN RD LOS ALTOS HILLS CA 94022
Owner/Occupant 5888 REDFEAM COVE MEMPHIS TN 38120
Owner/Occupant 600 S RIVERSIDE RD STJOSEPH MO 64507
GIANT GROUP 9440 SANTA MONICA 407 BEVERLY HILLS CA 90210
Owner/Occupant 11 MT ROSE LN PETALUMA CA 94952
JOHN SPENCER 179 METATE DR PALM DESERT CA 92260
Owner/Occupant 83 SCRIPPS DR NO 210 SACRAMENTO CA 95825
Owner/Occupant 809 CORTE FRONDOSA CAMARILLO CA 93010
Owner/Occupant 809 CORTE FRONDOSA CAMARILLO CA 93010
Owner/Occupant 24 PENTWATER BARRINGTON IL 60010
Owner/Occupant P 0 BOX 429 BOEDRNE TX 78006
Owner/Occupant 8294 MIRA MESA BL SAN DIEGO CA 92126
Owner/Occupant 10302 S ALTAVILLA DR SANDY UT 84092
Owner/Occupant 0715 WILLOUGHBY WAY ASPEN CO 81611
Owner/Occupant 40 BELCOURT DR NEWPORT BEACH CA 92660
JIMMY BUXBAUM 227 KIVA 227 KIVA CT 92260
Owner/Occupant 1821 WESTOVER SQ FORT WORTH TX 76107
Owner/Occupant 3042 HEATHER RD ANN ARBOR MI 48108
NAZIH EMILE NOUJAIM 238 KIVA CT PALM DESERT CA 92260
Owner/Occupant 1810 AVENUE C BIRMINGHAM AL 35218
Owner/Occupant 6135 KANSAS AVE NE WASHINGTON DC 20011
ERIC S SHAPOW 601 UNION ST STE 3920 SEATTLE WA 98101
Owner/Occupant 1810 AVENUE C BIRMINGHAM AL 35218
MARY KAY THANOS ZORDANI 112 KOVENISH CT PALM DESERT CA 92260
Owner/Occupant 1121 L ST STE 100 SACRAMENTO CA 95814
Owner/Occupant P 0 BOX 4094 TURNWATER WA 98501
Owner/Occupant 1775 E PALM CANYON DR 110 PALM DESERT CA 92260
Owner/Occupant 47200 DESERT LILY DR PALM DESERT CA 92260
Owner/Occupant 1004 10011 123RD ST NW EDMONTON AB CANADA T5N 1M9
Owner/Occupant 2146 SW MARINE DR VANCOUVER BC CANADA V6P665
Owner/Occupant 941 ANDREAS CANYON PALM DESERT CA 92260
M EARL MORLEY 112 KIVA DR PALM DESERT CA 92260
Owner/Occupant 587 MANORWOOD CT WATERLOO ON CANADA N2K3L7
Owner/Occupant 7620 SW WESTGATE WAY PORTLAND OR 97225
Owner/Occupant 1127 15TH ST PH 1504304 SACRAMENTO CA 95814
Owner/Occupant 4700 MERILANE AVE EDINA MN 55436
Owner/Occupant 5720 NE 121ST AVE STE 110 VANCOUVER WA 98682
Owner/Occupant PO BOX 568 GOSHEN IN 46527
NO 403 3565 S LAS VEGAS BLV LA VEGAS CA 89109
Owner/Occupant 64 BEACON BAY NEWPORT BEACH CA 92660
Owner/Occupant 20200 10TH PL SW NORMANDY PARK WA 98166
Owner/Occupant 205 PINE POINT DR HIGHLAND PARK IL 60035
Owner/Occupant 1191 LAKEHILLS CT ELDORADO HILLS CA 95762
Owner/Occupant 3632 TORREY PINES PKWY NORTHBROOK IL 60062
Owner/Occupant 2945 WHITE PINE LN WILSON WY 83014
Owner/Occupant P 0 BOX 730 RANCHO SANTA FE CA 92067
Owner/Occupant 78 PORTER RD ANDOVER MA 1810
DON ETSEKSON 2721 60TH AVENUE SE MERCER ISLAND WA 98040
Owner/Occupant 3967 VISTA ARIANA CARSON CITY NV 89703
Owner/Occupant 5609 ST ALBANS CIR SHOREVIEW NE 55126
Owner/Occupant 10 ROWES WHARF NO 1402 BOSTON MA 2110
Owner/Occupant P 0 BOX 1058 COACHELLA CA 92236
Owner/Occupant 1890 CARLA RIDGE BEVERLY HILLS CA 90210
Owner/Occupant 5601 GRANITE PKY NO 420 PLANO TX 75024
Owner/Occupant 570 VINE AVE HIGHLAND PARK IL 60035
Owner/Occupant 47200 DESERT LILY DR PALM DESERT CA 92260
Owner/Occupant 1025 THOMAS JEFFERSON NW#700 East WASHINGTON DC 20007
Owner/Occupant 1144 RAVOLI DR PACIFIC PALISADES CA 90272
Owner/Occupant P 0 BOX 946 RANCHO SANTA FE CA 92067
Owner/Occupant 155 CUMBERLAND STE 1103 TORONTO ON CANADA M5R1A2
Owner/Occupant 65 E MONROE ST NO 4809 CHICAGO IL 60603
Owner/Occupant 255 PALOWET DR PALM DESERT CA 92260
Owner/Occupant 4605 POST OAK PL NO 216 HOUSTON TX 77027
BMKF LLP 16255 VENTURA BLV STE 1250 ENCINO CA 91436
Owner/Occupant 227 BELLEVUE WAY NE 551 BELLEVUE WA 98004
Owner/Occupant P 0 BOX 896 RANCHO MIRAGE CA 92270
SEAN MCGRATH 83 SPEEN ST NATICK MA 1760
Owner/Occupant 1828 CYPRESS ISLE WILLIAMSBURG VA 23185
Owner/Occupant 27576 COMMERCE CTR NO 204 TEMECULA CA 92590
Owner/Occupant P 0 BOX 1058 COACHELLA CA 92236
ANGELICA CHAIN MARTINEZ 203 KIVA DR PALM DESERT CA 92260
HAL R WOLKEN 3519 WOODLAND LN LONG GROVE IL 60047
MICHAEL KAY 131 CHALAKA PL PALM DESERT CA 92260
Owner/Occupant 9478 W OLYMPIC BLVD NO 200 BEVERLY HILLS CA 90212
ROBERT L ROSEN 7 WEST 51ST ST 4TH FL NEW YORK NY 10019
Owner/Occupant 3717 OCEAN FRONT WALK MARINA DEL REY CA 90292
Owner/Occupant 15260 VENTURA BL STE 1750 SHERMAN OAKS CA 91403
Owner/Occupant 83 SPEEN ST NATICK MA 1760
TAX DEPT P 0 BOX 2000 JOHNSTON IA 50131
Owner/Occupant 700 BROADWAY STE 800 DENVER CO 80203
FRANK J POCINO 173 TAMIT PL PALM DESERT CA 92260
CARL L KARCHER 112 MENIL PL PALM DESERT CA 92260
DARLENE R LYONS 160 MENIL PL PALM DESERT CA 92260
Owner/Occupant 500 W HARBOR DR NO 1301 SAN DIEGO CA 92101
Owner/Occupant 2222 AVE OF THE STARS 2201 LOS ANGELES CA 90067
Owner/Occupant 2 REATA LN ROLLING HILLS CA 90274
Owner/Occupant 1036 VOLTZ RD NORTHBROOK IL 60062
Owner/Occupant 73670 EL PASEO PALM DESERT CA 92260
Owner/Occupant 515 N 12TH ST MANHATTAN KS 66502
JAMES A URIE 161 TAMIT PL PALM DESERT CA 92260
Owner/Occupant 941 ANDREAS CANYON PALM DESERT CA 92260
PMB 326 774 MAYS BLV NO 10 INCLINE VILLAGE NV 89451
COMMERCIAL REALTY GROUP 10610 NE 9TH PL UNIT 1606 BELLEVUE WA 98004
Owner/Occupant 5555 DEL MONTE T22 HOUSTON TX 77056
Owner/Occupant 650 5 DONALD ST WINNIPEG MB CANADA R31-2T4
Owner/Occupant 930 TAHOE BLV STE 802 545 INCLINE VILLAGE NV 89451
Owner/Occupant 1845 LAGUNA ST SAN FRANCISCO CA 94115
Owner/Occupant 995 WILDWOOD LN NORTHBROOK IL 60061
Owner/Occupant P 0 BOX 9355 RANCHO SANTA FE CA 92067
Owner/Occupant 3075 HEALTHY WY BIRMINGHAM AL 35243
KATINA TORINO 113 TAMIT PL PALM DESERT CA 92260
Owner/Occupant 1003 200 LA CAI LLE PL SW CALGARY AB CANADA T2P 5E2
Owner/Occupant 11612 SORREL RUN NW GIG HARBOR WA 98332
Owner/Occupant 2808 LAGUNA ST SAN FRANCISCO CA 94123
Owner/Occupant 6420 WILSHIRE BLV NO 2000 LOS ANGELES CA 90048
Owner/Occupant 4961 KATELLA AVE LOS ALAMITOS CA 90720
ROBERT W ARCHER 100 MENIL PL PALM DESERT CA 92260
Owner/Occupant 1406 THE STRAND MANHATTAN BEACH CA 90266
Owner/Occupant 13400 COUNTRY WAY LOS ALTOS HILLS CA 94022
Owner/Occupant 7168 VISTA DE ORO LA VERNE CA 91750
JOHN M STRINGER 130 TAMIT PL PALM DESERT CA 92260
Owner/Occupant 101 MELUTE PL PALM DESERT CA 92260
Owner/Occupant P 0 BOX 9080 RANCHO SANTA FE CA 92067
Owner/Occupant 8645 WOOD DUCK WAY BLAINE WA 98230
Owner/Occupant 6194 BAY RIDGE DR BAY HARBOR MI 49770
Owner/Occupant 1 VISTA DEL GOLFO LONG BEACH CA 90803
CIT Y 0 [ P 0 IN. M 0E [ R T
73-510 FRED WARING DRIVE City of Palm Desert
PALM DESERT, CALIFORNIA 9 2 260-25 78
TEL: 760 346—o6i i
info@cityofpalmdesert.org JUN 13 2017
Community Development
01Z911MlkP1 .
09ZZ6 &Z
59
6e9 9 eEsM 1. �¢g� Owner,
sOdO3
You are invited to attend two upcoming public hearings where the Palm Desert Planning
Commission and the Palm Desert City Council will consider proposed changes to the City's
Zoning Ordinance that will affect your property.
The hearing before the Planning Commission will take place on Tuesday, June 20, at 6 p.m.
The hearing before the City Council will take place on Thursday, June 22, at 4 p.m.
Both public hearings will take place in the Council Chamber at City Hall, located at 73510 Fred
Waring Drive in Palm Desert.
The public hearings will provide you and other property owners with opportunities to share your
input regarding the proposed changes, which will alter your property's zoning to make it
consistent with the City's recently updated General Plan.
The proposed zoning changes are available for public review in the Planning Department at City
Hall from 8 a.m. to 5 p.m. Monday through Friday.
Comments regarding the proposed changes can be provided during the Public Hearing and in
writing prior to the hearing. Written protests may be submitted by mail or in person to the
Planning Department at 73510 Fred Waring Drive, Palm Desert, California, 92260, or at the
aforementioned public hearings and must be received prior to the end of the hearing's public
comment period. These comments are encouraged and welcomed as they are the only ones
that can be considered as part of any subsequent legal challenge to the amendments.
The City Council will consider all written protests, as well as comments made during the public
hearing, and then deliberate whether to adopt the proposed zoning changes.
For more information, please contact the City's Planning Department at 760-346-0611, ext.
483.
Sincerely,
Eric Ceja, Principal Planner
City of Palm Desert
ZJ PRINTED DM RECYCLED RRREY
MINUTES
PALM DESERT PLANNING COMMISSION JUNE 20, 2017
Commissioner Greenwood moved to, By Minute Motion, continue Case No.
DA/PP/EA 16-394 to a date uncertain. Motion was seconded by Vice Chair Pradetto
and carried by a 4-0-1 vote (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES:
None; ABSENT: Gregory).
Chair DeLuna thanked everyone in the audience for attending the meeting.
C. REQUEST FOR CONSIDERATION of a recommendation to the City Council
for approval of a Comprehensive Zoning Ordinance Amendment to Chapters
25.02, 25.04, 25.10, 25.16, 25.22, and 25.28 of the City's Zoning Map for
consistency with the adopted General Plan. Case No. ZOA/CZ 17-105 (City of
Palm Desert, California, Applicant).
Mr. Ceja outlined the salient points in the staff report (staff report is available at
www.cityofpalmdesert.org).
Commissioner Greenwood interjected and asked what the density ratio for PR-22
is.
Mr. Ceja replied PR-22 is Planned Residential (PR), 22 dwelling units per acre.
Commissioner Greenwood inquired if the zone would always be followed by the
ratio throughout all the maps.
Mr. Ceja responded that there is some flexibility in the PR zones. Staff identified
the max densities for PR zones on the map. He continued with his presentation,
and noted that staff only updated six zoning sections. He stated that staff will
come back to the Planning Commission for other sections that need to be
updated. Staff felt that the six sections being considered are the most impacted
by the General Plan and recommends the Planning Commission recommend
approval to the City Council. He offered to answer any questions.
Vice Chair Pradetto mentioned that on page 04-3, Table 25.04-1-. Zoning Districts
under Overlay Districts, still lists Mixed-Use Overlay and asked if it should be
removed.
Mr. Ceja replied that Mixed-Use Overly should be removed.
Commissioner Lindsay Holt understood that they would go through this process
again with additional chapters. For future chapter amendments, she asked if they
could receive a redline version of the text changes.
Mr. Ceja replied absolutely.
7
G`,Planning\Monica ORedly',Planning Commission`,2017\Minutes\6-20-17.docx
MINUTES \
PALM DESERT PLANNING COMMISSION JUNE 20, 2017
Commissioner Holt asked if an additional review of the California Environmental
Quality Act (CEQA) is not needed since staff is bringing the Zoning Ordinance
into compliance with the General Plan.
Mr. Ceja responded that is correct. It was determined that changes to the Zoning
Ordinance and Zoning Map were made to be consistent with the General Plan.
The Environmental Impact Report was sufficiently reviewed as part of the
General Plan Update.
Vice Chair Pradetto referred to page 10-12, Item No. 13. He asked if the General
Plan has engineering requirements for private road construction, or is it
specifically outlined in the Zoning Ordinance.
Mr. Ceja responded that it is specifically outlined in the Zoning Ordinance. He
noted that it is an existing section of the Zoning Ordinance that was not changed.
Chair DeLuna declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter.
With no testimony offered, Chair DeLuna declared the public hearing closed.
Vice Chair Pradetto moved to waive further reading and adopt Planning
Commission Resolution No. 2700, recommending to the City Council approval for Case
No. ZOA/CZ 17-105. Motion was seconded by Commissioner Greenwood and carried
by a 4-0-1 vote (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None;
ABSENT: Gregory).
X. MISCELLANEOUS
None
XI. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
Commissioner Holt reported that the Art in Public Places Commission (AIPP)
discussed the maintenance contract for the City's 60 plus pieces of art. It was
mentioned that the City Council approved to return the art fees to Venus de Fido
for the art piece they installed at their site. The AIPP added an artist to the City's
registry, and approved to accept proposals for the painting of two traffic boxes.
B. PARKS & RECREATION
None
8
GAPlanningWonica OReilly\Planning Cam miss ion\2017\Minutes\6-20-17.docx
I I I Y 0 1 P H L M 0 1 1 N I
73-5 I o FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346—o6i i
info@cityofpalmdesert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
June 22, 2017
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Subject: Consideration of a Comprehensive Zoning Ordinance Amendment for
Consistency with the Adopted General Plan
The Planning Commission of the City of Palm Desert considered your request and took
the following action at its regular meeting of June 20, 2017:
The Planning Commission approved Case No. ZOA/CZ 17-105 by the
adoption of Planning Commission Resolution No. 2700. Motion carried by
a 4-0-1 vote with Commissioner Gregory ABSENT.
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
Ryan Stendell, Se(r0tary
Palm Desert Planning Commission
cc: File
Building & Safety Department
Public Works Department
Fire Marshal
i��PRINTED ON RF(1(lf0 PEPER
PLANNING COMMISSION RESOLUTION NO. 2700
A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE
CITY COUNCIL OF A COMPREHENSIVE ZONING ORDINANCE
AMENDMENT TO CHAPTERS 25.02, 25.04, 25.10, 25.16, 25.22, AND 25.28 OF
THE CITY'S ZONING ORDINANCE AND APPROVAL OF CHANGES TO THE
CITY'S ZONING MAP FOR CONSISTENCY WITH THE ADOPTED GENERAL
PLAN
CASE NO: ZOA 17-105
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
20th day of June 2017, hold a duly noticed public hearing to consider the request by the City of
Palm Desert for approval of the above noted; and
WHEREAS, the changes to the City's Zoning Ordinance and Zoning Map are
consistent with the adopted General Plan which established new land use designation and
proposed development standards for zoning districts within the City; and
WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the
facts and any testimony given adopts the following as its Findings in recommended
approval of the Zoning Ordinance Amendment and Changes to the City's Zoning Map to the
City Council:
SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby
finds that:
A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly
organized under the constitution and laws of the State of California.
B. The Planning and Zoning Law authorizes cities to establish zoning ordinances
and zoning maps to address land use designations and property regulations for
development.
C. The Planning and Zoning Laws require cities to make General Plan and Zoning
standards consistent in order to remove ambiguity and conflicting policies and
that the proposed amendments to the Zoning Ordinance and Zoning Map bring
the documents into conformity with the adopted General Plan.
SECTION 2. Zoning Ordinance Amendment. The Planning Commission of the City
of Palm Desert recommends that the City Council of the City of Palm Desert, California,
approve and adopt the Municipal Code amendments to Section 25.02, 25.04, 25.10, 25.16,
25.22, and 25.28 as shown in Exhibits "A - F" which is attached hereto and incorporated
herewith.
SECTION 3. Zoning Map Amendment. The Planning Commission of the City of
Palm Desert recommends that the City Council of the City of Palm Desert, California
approve and adopt the changes to the City's Zoning Map which updated land use
designations to certain properties to make them consistent with land use designations
PLANNING COMMISSION RESOLUTION NO. 2700
approved in the General Plan which is attached hereto and incorporated herewith as Exhibit
Al.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this resolution or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this ordinance or any
part thereof. The Planning Commission hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof
irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
SECTION 5. California Environmental Quality Act Finding. The Planning
Commission of the City of Palm Desert finds the changes to the Zoning Ordinance and
Zoning Map have been reviewed and considered and it has determined that any
environmental impacts associated with the changes have been sufficiently reviewed by the
Environmental Impact Report prepared as part of the General Plan Update.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 201h day of June 2017 by the following
vote, to wit:
AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: GREGORY
ABSTAIN: NONE
/k�
NANCY b LUNA, CHAIRPERSON
ATTEST:
RYAN STE4bE L, SECRETARY
PALM DESERTPLANNING COMMISSION
2
PLANNING COMMISSIO'l. RESOLUTION NO. 2700
Exhibit A
Chapter 25.02 — Introductory Provisions
Sections in This Chapter
25.02.010 Title and Purpose..........................................................................................02-1
25.02.030 Scope, Interpretation, and Application..........................................................02-2
25.02.040 Administrative Responsibility........................................................................02-3
25.02.050 Rules and Interpretation................................................................................02-5
25.02.010 Title and Purpose
A. Title. This title shall be known as the Zoning Ordinance of the City.
B. Relation to the General Plan. The City Council has instituted a comprehensive
planning program in order to ensure that the anticipated growth within the City is
organized, planned, and coordinated in a manner that will not place undue burdens
on the City in its ability to provide urban services and facilities. This planning
program has culminated in the preparation and adoption of a comprehensive
General Plan.
C. Role of Zoning Ordinance. Chapter 12 "Work Plan" of the General Plan
recommends implementation strategies to accomplish the goals and objectives
found within that document. In order to accomplish said goals and objectives the
orderly development of the City, and the elimination of haphazard land development,
is required. Among the methods noted is a regulatory Zoning Ordinance to govern
the uses of land and the density and intensity of development.
D. Purpose of Zoning Ordinance. The zoning regulations of the City are adopted to
protect, promote, and enhance the public health, safety, and general welfare,
ensuring that development within the City is related to the City's ability to provide
essential urban services and is consistent with the Palm Desert General Plan. More
specifically, these regulations are adopted to achieve the guiding principles identified
in the General Plan and include the following objectives:
1. Relate proposals for development to the provisions and recommendations of
the City's General Plan and ensure development is consistent with the
guiding principles of the General Plan. To meet the guiding principles
development proposals will be reviewed for their focus on: human-scale
design, liveliness of centers, complete streets, accessibility and connectivity,
and quality of open spaces.
2. Foster a harmonious, convenient, workable and connected relationship
among land uses.
3. Ensure that public and private lands ultimately are used for the purposes
which are most appropriate and most beneficial to the City as a whole.
3
PLANNING COMMISSION RESOLUTION NO. 2700
4. Provide population densities that support and encourage pedestrian activities
such as walking and bicycling; that are connected to, and in proximity of, civic
and education uses, open spaces, and commercial and employment
opportunities.
5. Foster an environment that ensures pedestrian amenities connect the
community, are designed to accommodate pedestrians and bicyclists, and
that are conveniently located for the highest impact.
6. Forecast and plan for the City's ability to provide community facilities, utilities,
and services.
7. Ensure adequate consideration for urban design in the development process
so that new development enhances the City as it matures.
8. Provide provisions for adequate bicycle parking, off-street parking, shared
parking facilities, and off-street truck loading facilities.
9. Promote preservation of natural environmental features in the development
and use of land within the City.
10. Develop land use regulations that will encourage infill development and
redevelopment of existing sections of the City and provide for innovative
development in undeveloped areas.
25.02.030 Scope, Interpretation, and Application
A. Scope of Regulations. This title is adopted to implement the stated vision and
objectives of the General Plan of the City. To accomplish these objectives the City
shall regulate the use, location, area, and dimension of sites for development: the
massing and height of structures, the architectural quality and appearance of
buildings, uses, structures, connectivity, signs, open space, landscaping, access and
egress, off-street parking, and other such aspects of land use which may be deemed
necessary for the public peace, health, safety, and general welfare of the people
working and living within the City.
B. Authority for Regulations. The authority for the regulations contained within this
title is based on Section 7, Article XI of the California Constitution; the provisions of
the California Planning and Zoning Law, which provide for the regulation of the
intensity of land uses, and the adoption of standards for the regulation of population
density; and the police power granted to municipalities by the laws of the State.
C. Applicability and Conformity. The provisions of this title are not intended to revoke
any easements, codes, covenants, and restrictions or other existing agreements
which are more restrictive than the provisions of this title. Unless otherwise specified,
existing development is not required to comply with new regulations. Any use or
development made nonconforming by the new regulations is subject to the
requirements of Chapter 25.62 (Nonconforming Provisions).
4
PLANNING COMMISSION mESOLUTION NO. 2700
D. Relation to Less Restrictive Regulations. Whenever the provisions of this title
impose more restrictive regulations upon buildings or structures and the use of them
or the use of lands or premises and require larger open spaces or yards or setbacks
than are imposed by other ordinances, the provisions of this title or the rules or
regulations included within this title shall govern.
E. Effective in Incorporated City. The provisions of this title are declared to be in
effect upon all land within the incorporated jurisdiction of the City as exists or is
hereafter changed by annexation.
F. Relationship to Prior Ordinances. Any building for which a building permit has
been issued and is valid under the provisions of earlier ordinances of the City which
are in conflict with this title may be continued and completed in accordance with the
plans and specifications upon which the permit was issued.
G. Continuity. Notwithstanding the provisions of this chapter or any other provisions of
this title, no new or additional variance, conditional use permit, or license shall be
required for any land use heretofore authorized by the City or the County by a
variance, conditional use permit, building permit, license, or tentative or final tract
map, provided there has been substantial reliance upon the governmental
entitlement mentioned in this chapter and, provided further, that conditions thereof
are complied with and that substantial construction has begun on a portion of the
project.
H. Procedure Regarding Pending Action. The repeal or substitution of any ordinance
shall not affect any prosecution, which may be pending in any court for the violation
of any provision of the ordinance at the time of the repeal or substitution.
I. Violation of Previous Ordinances. The substitution or repeal of any ordinance is
not deemed to ratify or legalize any violation of any provision of such ordinance nor
to affect the prosecution or punishment of any person, firm, or corporation for any act
done or committed in violation of any provision of the ordinance prior to the taking
effect of this title.
J. Conviction of Crimes Continued. Any ordinance to be repealed or substituted by
this title is deemed to continue and be in full force and effect for the purpose of
prosecuting and meeting punishment for any violation presently pending in any
court.
25.02.040 Administrative Responsibility
California Government Code Section 65100 requires each jurisdiction to establish a
planning agency to carry out the land use and planning functions of the jurisdiction. The
functions of the planning agency, as designated by the title, shall be carried out by the
following bodies. In the absence of an assignment, the City Council shall retain
responsibility and authority as the legislative body of the City.
A. Zoning Administrator. The Zoning Administrator shall be appointed by the Director
of Community Development and shall have discretionary review authority over
5
PLANNING COMMISSION RESOLUTION NO. 2700
permits and entitlements as specified in the ordinance, such as large family day care
use permits, adjustments, and administrative use permits.
B. Director of Community Development. The Director, or designee, shall have the
responsibility and authority to administer and enforce this title, as follows:
1. Application Process. Receive and review all applications for development
pursuant to this title. Processing includes, but is not limited to the certification
of completed applications, the establishment of a permanent file, posting of
public notices, collection of applicable fees, preparation of reports, processing
of appeals, and presentation of staff reports to the Architectural Review
Commission, Planning Commission, and City Council.
2. Interpretation. Interpret the provisions and advise the public on the
requirements of this title.
3. Amendment. Initiate action for amendment of this title where it is determined
that such amendment would better implement the General Plan goals and
objectives and increase its effectiveness and/or improve or clarify the
contents of this title.
4. Permit issuance. Issue administrative permits, including certifications of use
and occupancy, temporary use permits, home-based business permits and
other designated permits under this title and certify that all such permits are in
full conformance with its requirements.
5. Coordination. Refer and coordinate matters related to the administration of
this title with other agencies and City departments and provide information on
the status of all development permits.
6. Authority. Serve as the administrative zoning body and exercise that authority
set forth in California Government Code Section 65900 et seq.
C. City Manager. The City Manager or designee shall oversee the work of the Director
and shall exercise such other powers and duties as are prescribed by state law or
local ordinance, or as directed by the City Council.
D. Architectural Review Commission. The City has established the Architectural
Review Commission to serve as a decision-making and advisory body with the
following land use responsibilities:
1 . Hear and decide applications for entitlements as provided in this ordinance,
such as architecture and landscape design review, color changes, sign
permits, and comprehensive sign programs.
2. Hear appeals of the decision of the Zoning Administrator for design review
and signs.
6
PLANNING COMMISSION KESOLUTION NO. 2700
3. Hear and make recommendations to the Planning Commission on
applications for precise plans, certain specific plans, certain variances, and
new homes for tentative tract map applications.
E. Planning Commission. Pursuant to California Government Code Section 65101 ,
the City of Palm Desert has an established Planning Commission. The Planning
Commission shall have the following land use responsibilities:
1. Hear and decide applications for entitlements as provided in this ordinance
such as use determinations, precise plans, conditional use permits,
condominium conversion permits, tentative parcel and tract maps, and
variances.
2. Hear appeals of the decisions of the Zoning Administrator.
3. Initiate studies of amendments to this title and make recommendations to the
City Council for amendments as provided in this ordinance and in California
Government Code Section 65853.
4. Hear and make recommendations to the City Council on applications for
specific plans, zoning amendments (ordinance and map), the General Plan
and amendments thereto, prezonings, hillside development plans, and other
related planning studies.
5. Exercise such other powers and duties as are prescribed by state law or local
ordinance, or as directed by the City Council.
F. City Council. The City Council is the legislative body of the City and shall have the
following land use responsibilities:
1. Hear and decide all appeals.
2. Hear and decide applications for permits and entitlements as identified in this
ordinance, such as specific plans, zoning amendments (ordinance and map),
General Plan updates and amendments, prezonings, hillside development
plans, and development agreements.
3. Direct planning-related policy amendments and special studies as necessary
or desired.
4. Exercise such other powers and duties as are prescribed by state law or local
ordinance.
25.02.050 Rules and Interpretation
The Director of Community Development shall have the authority and responsibility to
interpret terms, provisions, and requirements of this code in accordance with the rules listed
below.
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PLANNING COMMISSION RESOLUTION NO. 2700
A. Abbreviations. The following phrases, personnel, and document titles are
shortened in this code:
1. City of Palm Desert = City
2. Director of Community Development = Director
3. Zoning Administrator = ZA
4. Architectural Review Commission = ARC
5. Planning Commission = Commission
6. City Council = Council
7. Community Development Department = Department
B. Terminology. The following rules apply to all provisions in this code:
1. Language. The words "shall," "will," "is to," and "are to" and similar words and
phrases are always mandatory. "Should" is not mandatory but is strongly
recommended, and "may" is permissive.
2. Tense and number. The present tense includes the past and future tense,
and the future tense includes the present. The singular number includes the
plural, and plural numbers include the singular unless the natural construction
of the word indicates otherwise.
3. Conjunctions. "And" indicates that all connected items or provisions shall
apply. "Or" indicates that the connected items or provisions may apply singly
or in any combination. "Either...or" indicates that the connected items and
provisions shall apply singly but not in combination. "Includes" and "including"
shall mean "including but not limited to."
4. Number of days. Whenever a number of days are specified in this code, or in
any entitlement, condition of approval or notice issued or given as provided in
this code, the number of days shall be construed as calendar days, unless
business days are specified. Time limits will extend to the following business
day when the last of the specified number of days falls on a day that the City
is not open for business.
C. Minimum Requirements. All provisions of this code are considered to be minimum
requirements, unless specifically stated otherwise.
D. Calculations — Rounding. Where any provision of this code requires calculation to
determine applicable requirements, any fractional/decimal results of the calculation
shall be rounded to the nearest whole number (0.5 or more is rounded up, less than
0.5 is rounded down).
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PLANNING COMMISSIOI ESOLUTION NO. 2700
E. Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a
use or other item is not listed, it is not permitted unless the use is determined to be
similar to a listed use or use category.
F. Zone Boundaries. Where uncertainty exists as to the boundaries of any districts
shown on the official zoning map, the rules established under section 25.04.030
(Zoning Map) apply.
G. Consistency of Text and Diagrams. Diagrams are provided within this code to
illustrate the requirements of the zoning code's text. In the event of conflict between
the text of this code and provided diagrams, the text shall determine the City's
regulations.
H. Conflicts with other Regulations. Wherever conflict occurs between the provisions
of this title and any other provision of law, the more restrictive of any such provisions
shall apply.
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PLANNING COMMISSION RESOLUTION NO. 2700
Exhibit B
Chapter 25.04 — Establishment of Zoning Districts
Sections in This Chapter
25.04.010 Purpose .........................................................................................................04-1
25.04.020 Zoning Districts..............................................................................................04-1
25.04.030 Zoning Map....................................................................................................04-3
25.04.010 Purpose
This chapter establishes the framework for zoning districts within the city and their
relationship to the City's General Plan land use categories. This chapter also establishes
the zoning map as the official designation of zoning district boundaries.
25.04.020 Zoning Districts
The City is divided into zoning districts that are generally grouped into six categories: (A)
residential districts, (B) commercial districts, (C) industrial districts, (D) downtown districts,
(E) special districts, and (F) overlay districts. These districts implement the City's General
Plan land use categories as described in Table 25.04-1 (Zoning Districts). Each zone is
further defined and regulated in the subsequent sections of this chapter.
A. Residential Districts. Residential districts provide appropriately located areas for
residential living at a range of population densities consistent with the General Plan.
Development standards are in place to provide residential areas with sound
standards of public health and safety, and provide space for semipublic facilities
needed to complement urban residential areas, and for institutions that require a
residential environment.
B. Commercial Districts. Commercial districts provide appropriately located areas for
retail stores, offices, service establishments, amusement establishments, and
businesses, offering commodities and services required by residents and visitors of
the City and the surrounding market area. Development standards for specific land
uses are in place to ensure that these areas function appropriately and are
compatible with surrounding land uses.
C. Industrial Districts. The industrial districts allow for the manufacture, distribution,
and service of products intended primarily for local use within Palm Desert, its
sphere of influence, and surrounding communities. Land uses permitted in industrial
districts also include research and development facilities and high-caliber
technological centers. Development standards are included to ensure that industrial
uses do not conflict with the overall character of a community and are compatible
with surrounding uses.
D. Special Districts. Special districts allow for the protection of open space and the
establishment or expansion of public facilities or change in the use of lands owned,
leased, or otherwise controlled by governmental agencies. Certain special districts
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PLANNING COMMISSIOI =SOLUTION NO. 2700
also allow for the establishment of quasi-public institutional uses, and the reservation
of areas for parks, public or private recreation, open space, and related
governmental public uses.
E. Downtown Districts. The downtown district is intended for the development of high
intensity multi-story (3-5 stories) mixed-use development centered around the
intersection of San Pablo Avenue and Highway 111, inclusive of El Paseo, and
expanding east to west from Deep Canyon Road to Monterey Avenue. Development
standards are included to allow building types that facilitate the creation of a sense
of place, provide for high levels of pedestrian connections and interaction, and
emphasize small block sizes and building form.
F. Overlay Districts. The purpose of the overlay districts is to allow the City to
adequately provide for special environmental constraints and to provide additional
flexibility of development standards for desired development within the City.
Furthermore, overlay districts are utilized:
1. To allow more flexibility from the standard provisions of the underlying base
zone.
2. When special provisions are needed to protect unique site features or
implement location-specific provisions.
3. To specify a particular standard or guideline for an area.
In the event of a conflict between an overlay district and any base zoning district
(residential, commercial, industrial, or special district) the provisions of the overlay
district apply.
Table 25.04-1: Zoning Districts
Symbol Zoning District Name/Description General Plan Land Use Designation
Implemented by Zoning District
Residential Zoning Districts
RE Estate Residential Rural Neighborhood
R-1 M Single-Family/Mobile Home Residential Conventional Suburban Neighborhood, Small
Town Neighborhood
R-1 Single-Family Residential Conventional Suburban Neighborhood
R-2 Mixed Residential Small Town Neighborhood
R-3 Multi-Family Residential Small Town Neighborhood, Town Center
Neighborhood
HPR Hillside Planned Residential Rural Neighborhood
PR Planned Residential Town Center Neighborhood, Resort and
Entertainment
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PLANNING COMMISSION RESOLUTION NO. 2700
Symbol Zoning District Name/Description General Plan Land Use Designation
Implemented by Zoning District
Commercial Districts
OP Office Professional District Employment
PC Planned Commercial Districts Varies
PC-1 Specialty Commercial Center Neighborhood Center
PC-2 District Commercial Center Suburban Retail Center
PC-3 Regional Center Regional Retail
PC-4 Resort Center Resort and Entertainment
Industrial Districts
SI Service Industrial District Employment, Industrial
Downtown
D Downtown Downtown
DE Downtown Edge Downtown
Special Districts
P Public/Institutional District Public Facility/Institution
OS Open Space District Open Space(OS)
Overlay Districts
DO Downtown Core Overlay Downtown
DEO Downtown Edge Transition Overlay Downtown
SO Senior Housing Overlay Varies
EP El Paseo Pedestrian Commercial Overlay Downtown
SP Scenic Preservation Overlay Varies
D Drainageway, Floodplain,Watercourse Overlay Open Space
N Natural Features/Restricted Development Overlay Varies
FCOZ Freeway Commercial Overlay Zone Varies—1-10 Intersections
BDAA Bermuda Dunes Airport Area Washington Street area—See map on file
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PLANNING COMMISSION r-,ESOLUTION NO. 2700
25.04.030 Zoning Map
The City of Palm Desert Zoning Map (hereafter referred to as the Zoning Map) is the official
designation of zoning district boundaries on real property within the City. The Zoning Map
shall be regulated as set forth below.
A. Incorporated by Reference. The Zoning Map is hereby incorporated into this
zoning code by reference as though it were fully included and as adopted by the City
Council.
B. Map Amendments. Amendments to the Zoning Map shall follow the process
established in Section 25.78.040 (Amendments— Zoning Map).
C. Relationship to General Plan and other Plans. The Zoning Map shall implement
and shall be consistent with the City's adopted General Plan. The Zoning Map shall
be specifically consistent with the General Plan land use plan and any adopted
specific plans.
D. Zoning District Symbol. Zoning districts shall be illustrated on the Zoning Map as
follows:
1. Each residential, commercial, industrial, downtown, or special zoning district
shall be described on the Zoning Map by use of its identified zoning district
symbol, as listed in Table 25.04-1 (Zoning Districts).
2. Overlay districts shall be designated by their representative symbol along with
any related residential, commercial, industrial, downtown, or special base
zoning district in a format determined by the ZA.
E. Zoning Map Interpretation. If there is uncertainty about the location of any zoning
district boundary shown on the Zoning Map, the precise location of the boundary
shall be determined by the Zoning Administrator as follows:
1. The boundaries of a zoning district shall be the centerlines of either streets or
alleys, or lot lines of real property, unless otherwise shown. Where a district's
boundaries approximately follow centerlines or lot lines, those lines shall be
interpreted as the district boundaries.
2. If a district boundary divides a parcel and the boundary line location is not
specified by distances printed on the Zoning Map, the location of the
boundary shall be determined by the ZA. Each portion of the property shall be
developed to the standards and allowed use provisions of the applied zoning
district and any applied overlay or special zone(s).
3. Where the street layout on the ground or the lot lines differ from such layout
or lines shown on the zoning map, the ZA shall determine the exact boundary
and the map shall be amended to conform to the layout on the ground.
4. Where a public street or alley is officially vacated or abandoned, the property
that was formerly in the street or alley shall be included within the zoning
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PLANNING COMMISSION RESOLUTION NO. 2700
district of the adjoining property on either side of the centerline of the vacated
or abandoned street or alley.
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PLANNING COMMISSION RESOLUTION NO. 2700
Exhibit C
Chapter 25.10 — Residential Districts
Sections in This Chapter
25.10.010 Purpose ........................................................................................................10-1
25.10.020 Characteristics of the Residential Districts ..................................................10-1
25.10.030 Allowed Land Uses and Permits Required ..................................................10-2
25.10.040 Specific Use Standards.................................................................................10-4
25.10.050 Development Standards................................................................................10-7
25.10.010 Purpose
The purpose of this chapter is to establish residential zoning districts in the City, along with
allowed use and development standards applicable to those districts. These districts are
consistent with and implement the City's General Plan neighborhood land use categories as
indicated in Table 25.04-1 (Zoning Districts).
25.10.020 Characteristics of the Residential Districts
The following descriptions of each residential district identify the characteristic uses,
density, intensity of uses and the types of development intended for that district.
A. Estate Residential District (RE). The district is intended to provide low intensity
and neighborhood development (0.5-1.0 du/ac) and generally is characterized by
limited development on large properties and preservation of natural features and
open space.
B. Single-Family/Mobile Home Residential District (R-1M). This district provides for
the permanent placement and occupancy of single-family dwelling units, factory built
or manufactured dwelling units and mobile homes for residential purposes on
purchased, rented or leased lots. The district is characterized as having moderate
density (4.0-7.0 du/ac) focused around community space and amenities with
walkable streetscapes.
C. Single-Family Residential District (R-1). The intent of this district is to encourage
the preservation and development of traditional residential neighborhoods. The
district provides for low intensity development (2.0-8.0 du/ac) generally characterized
by single-family homes on medium-sized lots organized around formal and walkable
streetscapes.
D. Mixed Residential District (R-2). The intent of this district is to provide moderate
intensity and density (3.0-10.0 du/ac) for neighborhood development.
Neighborhoods are characterized by a variety of housing choices and mixed-uses.
Buildings are organized around formal and walkable streetscapes with high levels of
pedestrian connectivity.
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PLANNING COMMISSION RESOLUTION NO. 2700
E. Multifamily Residential District (R-3). The intent of this district is to provide
suitable areas for moderate to higher intensity and density (7.0-40.0 du/ac) for
residential development and small scale commercial activity. The zoning district is
characterized by higher density residential development and mixed-uses in proximity
to retail and commercial services. Buildings are organized around formal
streetscapes with a variety of plazas and other pedestrian amenities and open
spaces that are highly connected to surrounding development.
F. Hillside Planned Residential District (HPR). The purpose of the hillside planned
residential district is to provide for the lowest intensity (0.2 du/ac) of residential
development by minimizing the grading of hillside areas and to preserve the natural
contours of the land by avoiding extensive cut and fill of slopes that result in a
padding or staircase effect within the development. This district is characterized by
the preservation of natural features and protected viewsheds, architecture and
landscape design that blends with the natural terrain, and informal and natural
streetscapes that follow the topography of the land.
G. Planned Residential District (PR). The purpose of this district is to provide for
flexibility in residential development, by encouraging creative and imaginative
design, and the development of parcels of land as coordinated projects involving a
mixture of residential densities (4.0- 0.0 du/ac), mixed housing types, and community
facilities. The district is characterized as providing for the optimum integration of
urban and natural amenities within developments and is organized around formal,
walkable, and highly connected streetscapes.
25.10.030 Allowed Land Uses and Permit Requirements
Table 25.10-1 "Use Matrix for Residential Districts" below identifies land uses and
corresponding permit requirements for residential districts and all other provisions of this
Title. Descriptions/definitions of the land uses can be found in Chapter 25.99 "Definitions".
The Special Use Provisions column in the table identifies the specific chapter or section
where additional regulations for that use type are located within this Title.
Use regulations in the table are shown with a representative symbol by use classification
listing: "P" symbolizes uses permitted by right. "A" symbolizes uses that require approval of
an administrative use permit, "L" symbolizes uses that require approval of a large family day
care use permit, "C" symbolizes uses that require approval of a conditional use permit, and
"N" symbolizes uses that are not permitted. Uses that are not listed are not permitted.
However, the Commission may make a use determination as outlined in Section 25.72.020
(Use Determinations).
Table 25.10-1: Use Matrix for Residential Districts
Residential Zoning District
(P=Permitted;A=Administrative Use Permit; Special Use
L=Large Family Day Care Use Permit; Provisions
C=Conditional Use Permit; N=Not Permitted
RE R-1 R-2 R-3 R-1M HPR PR
Residential Uses
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PLANNING COMMISSIOI-4 RESOLUTION NO. 2700
Residential Zoning District
(P=Permitted;A=Administrative Use Permit; Special Use
L=Large Family Day Care Use Permit; Provisions
C=Conditional Use Permit; N=Not Permitted)
RE R-1 R-2 R-3 R-1M HPR PR
Assisted Living N C C C N N C
Condominium N N C C N N C
Dwelling, duplex N N P P N N N
Dwelling, multifamily N N P P N N N 25.10.040.A
Dwelling, second P P P P N P P 25.34.030
Dwelling, single-family P P P N N P P
Farmworker housing N N N N N N N
Group home P P P N N P N 25.10.040.B
Guest dwelling P P P N N P P
Home-based business P P P P P P P
Manufactured home parks N N N N C N N
Planned unit development, residential N N C C N C C 25.10.040.0
Transitional and supportive housing see footnote 1
Agriculture-Related Uses
Apiary P P P N N P P
Botanical conservatory A N N N N N N
Crops and horticulture, limited A N N N N N N
Domestic animals P P P P P P P
Garden, private P P P P P P P
Greenhouse, commercial C N N N N N N
Greenhouse, private P P P A A P P
Horticulture,private P P P P P P P
Kennel C N N N N N C 25.10.040.D
Livestock raising, noncommercial C N N N N N N
Nursery C N N N N N N
Orchard A N N N N N N
Stable, boarding A N N N N N N 25.10.040.E
Stable, private A N N N N N N 25.10.040.E
Recreation, Resource Preservation,Open Space,and Public Assembly Uses
Cemetery N N N N N N C
Community facility N N N N N N C
Club, private N N C C N N C
Crematory N N N N N N N
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PLANNING COMMISSION RESOLUTION NO. 2700
Residential Zoning District
(P=Permitted; A=Administrative Use Permit; Special Use
L=Large Family Day Care Use Permit; Provisions
C=Conditional Use Permit; N=Not Permitted)
RE R-1 R-2 R-3 R-1M HPR PR
Day care, large family L L L L L L L 25.10.040.F
Day care, small family P P P P P P P
Institution, educationa12 C C C C C N C
Institution, genera12 N N N C N N C
Institution, religious C C C C N N C
Public park P P P P P P P
Recreational use, commercial N N N N N N C 25.10.040.G
Recreational vehicle park N N N N C N C
Recreation facility, commercial N N N N N N N
Recreation facility, incidental C C C C C N C 25.10.040.H
Recreation facility, private P N N P P N P
Recreation facility, public C C C C C N C
Utility, Transportation, Public Facility,and Communication Uses
Electric substation N N N N N N N
Fire station C C C C N N C
Public service facility C C C C C N N
Public utility C C C C C N N
Utility facility N N N N N N C
Retail, Service, and Office Uses
Bed and breakfast C N N C N N N
Commercial parking lot N C N C N N N 25.10,040.1
Condominium hotel, converted N N C C N N C
Hospital N N C C N N C
Hotel N N N C N N N 25.10.040.J
Neighborhood government office N N C C N N N 25.10.040.K
Office parking lot N C C C N N N 25.10.040.1-
Professional office N N C C N N N 25.10.040.M
Resort hotel N N N C N N C 25.10.040.J
Timeshares N N N N N N C
Temporary Uses
See Section 25.34.080
Footnotes:
1. Transitional and supportive housing shall be subject to only those restrictions that apply to other residential uses of the same type
in the same zone.
2. Trade schools are not permitted
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PLANNING COMMISSION =SOLUTION NO. 2700
25.10.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.10-1 (Use Matrix
for Residential Districts):
A. Multifamily. Multifamily dwelling units are permitted within the R-2 district up to a
maximum of 10 dwelling units per acre, or as indicated on the zoning map.
Multifamily dwelling units are permitted within the R-3 district up to a maximum of 40
dwelling units per acre, or as indicated on the zoning map.
B. Group Home. When permitted according to Table 25.10-1 (Use Matrix for
Residential Districts), group homes are limited to six or fewer residents.
C. Planned Residential. Cluster development and/or condominiums are permitted as
part of a planned development.
D. Kennel. Excluding domestic pets, all boarding for animals or fowl must be at least
100 feet away from any neighboring residential home.
E. Stables. The stabling of horses (or mules) is permitted with an administrative use
permit in the residential estate district subject to the following provisions:
1. Two standard horses (or mules) over 14.2 hands, 58 inches shall be
permitted on a lot of 40,000 square feet minimum area with a total number of
horses all sizes not exceeding three. (This would allow one additional pony or
the temporary keeping of one foal)
2. Horses must be kept within a corral and/or enclosed stable of the following
minimum dimensions:
i. Corral. 288 square feet per horse; minimum dimensions of 12 by 24
feet, and one-third shaded.
ii. Stable. 144 square feet, minimum dimension 12 feet by 12 feet per
horse. Stable shall be ventilated for the desert environment.
iii. Construction. Corrals and stables shall be constructed of material and
in such a manner to adequately contain the horses.
3. Barns, corrals or stables constructed to maintain horses shall be located not
less than 35 feet from any residence or habitable structure on the same lot
and not less than 50 feet from any residence or habitable structure on
adjacent lots. Barns, corrals, or stables may be located within 50 feet of a
front property line if the finding can be made that the design and appearance
of such structures are compatible with surrounding properties. No horses
shall be permitted within 100 feet of an adjacent property not zoned RE (i.e.,
R1, O.P., PR).
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PLANNING COMMISbiUN RESOLUTION NO. 2700
4. Animal manure shall be stored in appropriate receptacles and properly
disposed of not less than once per week.
5. Barns, corrals, or stables shall be cleaned and maintained such that dust,
flies, and odors shall not create a nuisance for adjacent properties and not
less than once per day.
F. Large Family Day Care. Large family day care facilities require the issuance of a
large family day care use permit in accordance with Section 25.64.020. and are
permitted subject to the following requirements:
1. Space and concentration. Properties proposed for use as large family day
care homes shall be located no closer than 300 feet in all directions from
another large family day care home. An adjustment may be granted
according to Chapter 25.64.030 (Adjustments) of this ordinance to reduce this
distance to no more than 100 feet.
2. Traffic control. A traffic circulation plan shall be designed to diminish traffic
safety problems. Residences located on major arterial streets (as shown on
the General Plan circulation map) must provide a drop-off/pick-up area
designed to prevent vehicles from backing onto the arterial roadway. The
applicant may be required to submit a plan of staggered drop-off and pick-up
time ranges to reduce congestion in neighborhoods already identified as
having traffic congestion problems.
3. Parking. All homes used for large family day care facilities shall provide at
least three automobile parking spaces, no more than one of which may be
provided in a garage or carport. Parking may be on-street if contiguous to
property. These may include spaces already provided to fulfill residential
parking requirements.
4. Noise control. Operation of the facility shall comply with all provisions of
Chapter 9.24 (Noise Control) of the Palm Desert Municipal Code. Additional
conditions may be placed on use permits to reduce noise impact if ongoing
problems exist.
5. Signage. No signs or other exterior markings identifying a large family day
care operation shall be allowed on the applicant's home.
6. Residency. The applicant must be a primary resident of the home that is
proposed as a large family day care home.
7. Contact Person. The current name(s) and telephone number(s) of the
applicant, and all other operators if different from the applicant, of the family
day care home shall be on file with the City at all times.
8. State Licensing. All appropriate licensing from the California Department of
Social Services shall be obtained prior to commencing operation of any large
family day care home in the City.
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PLANNING COMMISSION RESOLUTION NO. 2700
9. Building and Fire Code Compliance. Consistent with Section 1597.46 of the
Health and Safety Code, the proposed large family day care home must
comply with all building and fire code provisions applicable to single-family
residences, and with such additional standards as the State Fire Marshal,
from time to time, adopts pursuant to Section 1597.46(d) of the Health and
Safety Code to promote the fire and life safety of children in large family day
care homes. (See Title 22 of the California Code of Regulations.)
10.Smoking Restricted. Consistent with Section 1596.795 of the Health and
Safety Code, smoking of tobacco and other substances—whether in pipe,
cigar, or cigarette form—shall not be allowed in the applicant's home during
its hours of operation as a large family day care home with respect to those
areas of the home where children are present.
11 . Proof of Control. No use permit shall be issued unless the applicant can
demonstrate legal authority and control over the real property proposed to be
used as a large family day care home.
G. Recreational Use, commercial. Commercial recreation uses are limited to the PR
zone only with the issuance of a conditional use permit when not directly related to a
permitted residential development.
H. Recreation Facility, incidental. Limited commercial uses are authorized as part of
this use classification, which are commonly associated with and directly related to
the primary use.
I. Commercial Parking Lot. Parking lots that service commercial establishments are
permitted within 300 feet of the related commercial establishment.
J. Hotel and Resort Hotel. In the R-3 zoning district, these uses are permitted up to a
maximum of 40 units per gross acre with the issuance of a conditional use permit. In
the PR zoning district, the maximum density shall be approved by the Commission
or Council.
K. Government Office Building. Small neighborhood government office buildings are
permitted up to 5,000 square feet in size.
L. Office Parking Lot. Parking lots that serve office developments are permitted when
located directly adjacent to the office professional zone and consistent with the
recommendations of the General Plan.
M. Professional Office within Residential District. These uses are permitted with the
issuance of a conditional use permit, provided property to be developed is abutting
or across the street, or across an alley from commercially zoned property.
Residential development standards are to be used to ensure compatibility.
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PLANNING COMMISSION RESOLUTION NO. 2700
25.10.050 Development Standards
The development standards on Table 25.10-3 (Residential Zoning District Development
Standards) are applicable to the residential zoning districts. These standards, along with
other development standards (e.g., landscaping requirements, signs, and parking
standards) in this title, are intended to assist property owners and project designers in
understanding the City's minimum requirements and expectations for high-quality
development.
A. Hillside Planned Residential Development Standards. The following standards
must be met prior to the approval of a hillside development plan as described in
Section 25.78.020:
1. Density. Each lot shall be limited to a maximum of one unit per five acres. All
lots will be entitled to at least one unit.
2. Grading. Location of building pads and access roads shall be evaluated,
approved, or adjusted based on consistency with the following:
i. Preserved natural contours of the land to avoid extensive cut and fill
slopes to reduce the need for a staircase effect within developments.
ii. Architecture and landscape design which blends with the natural
terrain to the greatest practical extent.
iii. Retention and protection of undisturbed viewsheds, natural landmarks,
and features including vistas and the natural skyline as integral
elements.
iv. Building Pad Area. The maximum area permanently disturbed by
grading shall not exceed 10,000 square feet.
v. Access Road or Driveway. Maximum permanent grading disturbance
of natural terrain for the development of access to the approved
building pad shall be 3,000 square feet. Roads shall be located and
designed to blend with the natural terrain to the greatest practical
extent consistent with the grading provisions listed in paragraph 2
above.
vi. Renaturalization. All cuts, fills, or other areas temporarily disturbed by
grading shall be re-naturalized, colored, and landscaped to blend with
the adjacent undisturbed natural terrain to the satisfaction of the City
council.
3. Maximum Dwelling Unit Size. Total dwelling unit, garage and accessory
building size on any one lot shall not exceed 4,000 square feet.
4. Exception. The standards of subsections A.1 through A.3 of this section shall
be required unless modified by one of the following:
22
PLANNING COMMISSION KESOLUTION NO. 2700
i. Precise Plan. The Commission and Council may approve a precise
plan of design through the public hearing process that modifies the
standards in subsection A.1 through A.3. Said precise plan shall take
into consideration any and all circumstances, including, but not limited
to, viewshed, topography, color, texture, and profile of any structure
that the Commission or Council may determine to be in conformity with
the purposes set forth in this section.
5. Previously approved existing building pads shall be subject to the standard
coverage limitations of 35 percent, which may be increased up to 50 percent
with ARC approval. Any change to an existing approved building pad shall
require a new public hearing subject to the provisions of this chapter.
6. Development on or across ridges is prohibited.
7. Building pads and architecture shall be designed to eliminate or minimize any
visual impact on the City to the maximum extent feasible.
8. All common open space shall be preserved for that purpose as shown in the
development plan. The developer shall choose one or a combination of the
following three methods of administering common open space:
i. Dedication of common open space to the City, which is subject to
formal acceptance.
ii. Establishment of an association or nonprofit corporation of all property
owners or corporations within the project area to ensure perpetual
maintenance of all common open space.
iii. Retention of ownership, control, and maintenance of all common open
space by the developer; all privately owned common open space shall
continue as such and shall only be used in accordance with the
development plan; appropriate land use restrictions shall be contained
in all deeds to ensure that the common open space is permanently
preserved according to the development plan; said deed restrictions
shall run with the land and be for the benefit of present as well as
future property owners, and shall contain a prohibition against the
partition of common open space.
9. Design Criteria. The following design criteria are established:
i. The overall plan shall achieve an integrated land and building
relationship.
ii. Open spaces, pedestrian and vehicular circulation facilities, parking
facilities, and other pertinent amenities shall be an integral part of the
landscape and particular attention shall be given to the retention of
natural landscape features of the site.
23
PLANNING COMMISSION RESOLUTION NO. 2700
iii. The layout of structures and other facilities shall affect a conservation
in street and utility improvements.
iv. Recreational areas, active and passive, shall be generally dispersed
throughout the development and shall be easily accessible from all
dwelling units.
v. Architectural unity and harmony within the development and with the
surrounding properties shall be attained.
B. Planned Residential District Standards.
1 . Purpose. It is the purpose of the PR district to provide for flexibility in
development, creative and imaginative design, and the development of
parcels of land as coordinated projects involving a mixture of residential
densities and housing types, and community facilities. The PR district is
further intended to provide for the optimum integration of urban and natural
amenities within developments. The PR district is also established to give a
land developer assurance that innovative and unique land development
techniques will be given reasonable consideration for approval and to provide
the City with assurances that the completed project will contain the character
envisioned at the time of approval.
2. Filing Procedure. To initiate the review process, the applicant shall file
applications for a change of zone (if needed) to a PR district along with a
precise plan, tentative tract/parcel map and supporting environmental
documentation.
3. Maximum Project Densities. The maximum project density shall be as
expressed in dwelling units per gross acre of not more than the number
following the zoning symbol PR. The Council shall determine the densities to
be allowed within each PR district at the time the involved properties are
rezoned and as designated on the zoning map within the following range: one
to 40 dwelling units maximum per average gross acre. The density
designation shall mean dwelling units per average gross acre. For example,
PR-7 means a planned residential development with seven units per gross
acre.
4. Maximum Density for "Affordable Projects." For projects containing at least 20
percent units affordable to low income households as defined by the
Riverside County Housing Authority, a maximum density of 55 dwelling units
per acre may be allowed by precise plan. To be eligible for this program, the
developer must enter into a development agreement which will tie the zoning
designation and the precise plan approval to affordable housing performance
standards.
5. Development Standards Applicable. All areas within the project site shall be
subject to the following:
24
PLANNING COMMISSION RESOLUTION NO. 2700
i. The standards for development of PR districts set forth in this chapter
and any supplemental standards for the planned community
designated in the precise plan.
ii. Off-street parking and loading requirements. All parking and loading
shall comply with the provisions of Chapter 25.46.
iii. Utilities. For provisions regarding utilities, see Section 25.40.120.
iv. Signs. All signs shall be in compliance with Chapter 25.56.
v. Outside storage. No outside storage shall exceed the height of the
actual perimeter screening.
vi. Screening. All screening requirements for developments within the PR
district shall be determined by the ARC during review of the precise
plan.
vii. Trash handling. Trash handling facilities shall be provided for all
developments within the PR district with the exception of single-family
detached dwellings. A trash enclosure will be provided for all but
excepted uses, unless the proposed location of the trash area is
completely enclosed by walls or buildings. The freestanding trash
enclosure shall be constructed of masonry block. No trash shall be
allowed to extend above or beyond the enclosure.
6. Site Plan Review. Review of a site plan by Planning Department staff shall be
required before a building permit is issued for any development in the PR
district.
7. Special Standards. In addition to requiring all development plans to comply
with the following special standards the Council and/or the Commission may
impose such other conditions to the development plan as it deems necessary
or desirable in carrying out the general purpose and intent of this chapter.
i. Minimum Project Area. Projects of less than 7 dwelling units per acre
shall have a minimum area of 5 acres. Projects of 7 to 18 dwelling
units per acre shall have a minimum area of 10 acres. Projects with
18+ dwelling units per acre shall have a minimum area greater than 10
acres.
ii. Minimum Project Width. Projects of less than 7 dwelling units per acre
shall have a minimum width of 200 feet. Projects of 7 to 18 dwelling
units per acre shall have a minimum width of 250 feet. Projects with
18+ dwelling units per acre shall have a minimum width greater than
300 feet.
iii. Minimum Project Perimeter Setback. The minimum perimeter setback
shall be 20 feet from all property lines adjacent to existing or proposed
public streets.
25
PLANNING COMMISSION RESOLUTION NO. 2700
iv. Minimum project building coverage. Projects of less than 7 dwelling
units per acre shall have a maximum building coverage of 40 percent.
Projects of 7 to 18 dwelling units per acre shall have a maximum
building coverage of 50 percent. Projects with 18+ dwelling units per
acre shall have a maximum building coverage of 80 percent.
v. Minimum lot area. For single-family detached, the minimum lot area
shall be as approved by the development plan. For single-family
attached, the minimum lot area shall be 2,500 square feet. For a two-
story dwelling, the minimum lot area shall be 3,000 square feet. For
multiple-family buildings, the minimum lot area shall be as approved
on the tract map.
8. Minimum yards — Development standards.
i. For single-family attached, two-story family dwellings and multiple-
family buildings, the minimum front, side and rear yards shall be as
approved on the tract map and/or precise plan.
9. Minimum Separation Between Sides of Buildings. For single-story, single-
family detached buildings there shall be a minimum of 7 feet between
sides. For two-story, single-family detached buildings there shall be a
minimum of 10 feet between two-story elements.
10. Minimum common open space.
i. Projects of less than 7 dwelling units per acre shall have a minimum
common open space of 30 percent of the net area.
ii. Projects of 7 to 18 dwelling units per acre shall have a minimum
common open space of 20 percent of the net area.
iii. At least 50 percent of all required common open space shall be
approximately level, defined as not more than 13.5 percent grade.
iv. The common open space shall be land within the total development
site used for recreational, including buildings used for recreation
purposes, parks or environmental purposes for enjoyment by
occupants of the development and their guests, or dedicated to the
City for public parks.
V. Common open space shall not include public or private streets,
driveways, private yards, or patios and parking areas.
11. Building Height. The maximum building height in a PR district shall be 40 feet
or three-story, whichever is less, or as approved by the Planning
Commission.
12. Maximum Dwelling Units per Building. The maximum number of dwelling
units per building shall be as approved by the Planning Commission.
26
PLANNING COMMISSIOI ESOLUTION NO. 2700
13. Required Width of Private Roads. With no parking, the private roads shall be
20 feet wide. With parking on one side, 32 feet wide. With parking on two
sides, 40 feet wide. The roadways shall be a minimum of asphaltic concrete
with concrete curbs and gutters as approved by the Director. Standards of
design and construction of roadways, both public and private, within the
project may be modified as is deemed appropriate by the City, especially
where it is found that the development plan provides for the separation of
vehicular and pedestrian circulation patterns and provides for adequate off-
street parking facilities.
14. RV Park Standards. The following standards apply to recreational vehicle
parks:
i. Minimum project size of 5 acres;
ii. Maximum density of 12 spaces per acre;
iii. Minimum space area of 1,500 square feet, minimum dimension 30 feet
by 50 feet;
iv. Minimum 40 percent common open space/recreation area;
v. Front project setback adjacent to a public street of 25 feet with a
combination of 6-foot masonry wall and landscaping to screen all
recreation vehicles;
vi. Interior property lines to be bounded by 6-foot masonry wall and at
least 10 feet of landscaping;
vii. Projects may be single-use or developed as part of a larger resort or
residential development;
viii. RV parks shall be taxed as a transient occupancy use;
ix. Permitted Accessory Uses. Private recreational facilities and limited
commercial directly associated with primary use as approved by the
Commission.
15. Building Setbacks from the Planned Street Line. The minimum setback in all
residential developments within the PR district shall be the designated
distances from the ultimate right-of-way line of the streets specified in this title
unless otherwise provided in this section:
27
PLANNING COMMISSION RESOLUTION NO. 2700
Table 25.10-2: Setbacks from Planned Street Lines
Street Type Setback Distance
Freeway 50 feet
Major 32 feet
Arterial 32 feet
Collector 25 feet
Local 25 feet
16. Two-story, single-family detached building setbacks from project perimeter:
i. The minimum setback shall be 100 feet or one lot depth, whichever is
more.
ii. The Commission may waive interior setback requirements when adjacent
developments are planned simultaneously.
17. Development standards within the PR districts may be modified through the
precise plan process as specified in Section 25.72.030.
18. Approval Criteria. The Commission and/or Council may approve a precise plan
only after finding that the requirements of this title and other ordinances affecting
the property have been satisfied. In granting such approval, the
Commission/Council may impose and enforce such specific conditions as to site
development, phasing and building construction, and maintenance and operation
as it deems necessary to carry out the purposes of this title and the General
Plan. All development within the PR district shall comply with the development
plan as approved and adopted by the Commission/Council.
28
Table 25.10-3:Residential Zoning District Development Standards r
D
RE' R-1' Z
MeaiwenterdtLoning District but<10,0110 R-2 It-3 R-1\1f ❑1'R' 1'.R.`
<t ae ?15,000,r >15,004)A,sf <lo,000�,r Z
Residential Density G)
I)a,Iwy fdwac).min max 1-2 2 3 1 5-N 3-10 _ 40 7 115ac.. . -1-10 O
Lot Dinwriduns
E
-
1,0t sizz;min A0,(100 rnf 1 S,(IOtI Sf 10,000 sf 9,000 sf 3,500 5 2t1 ac i.5,000E 3,D00�f of _
Lot size,nlax I ae No mix 14,999 if t)mw sf No max No max No max -
CAI
Lorwichk ruin I5W 90' 90' 70, 50 40 500' - ch
Lot depNh,null 200' 125' 100' - - - - - O
sctbaeks
Front yaid,nun 30.' 25 20 20 12 10 20 .5 m
Side yard,niin 15, 15 W S'° 5. 8' 10'/5' -- N
Ccvnbined both sides,nun 30 30' 20' 10" 10' 10' - -- O
Street side yard,nun 30' 15' 10' 10' 10' 10' 20'!-- - r,
Rear yard,min SO' 20' 'o- 15' 13' to, 10'/5' --{
Residm iul ncasK ry struoin cs S,z SaOwn 25A0.050(ace ss,.my Buildings and'Afudures) O
Cmerage Z
Lot coverage,my�p;icc1deg:of lot arcs 30% 35% 354t' 35% 001- 75Qy - 10% 50. Z
Huildtng filwasurenwnts O
Height,max 15'(18'ARC)' 15'(I8'AR(2)' 15'(I8'ARC)' 15'(18'ARC) 30' AO' 18' N
Numtxr of siolias,max 1 I 1 2 2.5 3 1 1 O
Dweiling unit size,min 1,500 sf 1250 sf I At)sf I'M sf 600 sf 450 sl' - -
Dwelling unit.size,max - - - - 4,000 st, 4,0004 - 4,000 sf
Site area PCr dwelling LI t,min - "- - - 4,000 sf 2,500 sf - -
Btulding pad iraa,max - -- - - - - -- 10.000 A
Olsen space.
Group usable Open spina par dwelling trait.min - - - 300 sf - -
f. The di+ransion mquwmeMs included in this mlumrt eppy fo a nrendacf ured home park p jeer sites as weft as mdivitluel aides wdM'n the park The first durensian is for the larger protect site.
2 Ld--pe may be increased to as much as 50 pence,#pending ARC epprova r through the design reviewprocess.
3 Aft d—Joprrrod standards we based on the square footage shown on the coning map and not nacassadty the physical Mt sire of a propedy.Pmpwdies odIr—ed R-i wMrout a square footage.11—ton shah comply wth standards for<10,000 square leer.Confirm standards vikh Planning ONlsion staff fsv correct
zoning designation and kf sue d—I pmeM d—,#was.
a HOW.D.-Inpmanf Plan approval proc9ss in Section 25.78 020
5 The standards and guidelines presented in this section provide design criteria for the achievamed offumbona)and affnclkw developments that fit within the context of the City o(Palm Desed.E—jlons to the crterie..owned vhhln the Precise Plan may be appropriate with the apptk.1i.d of innovative and unique
design technkrues in keeping wth the charecter errvisionad at the time of approval
6 Setbacks wthM the Palm Desed Country Ctub in R-i and R-2 haw a 5 feet sideywd setback(See Figure 25,10.f Palm Desert Cowdry Cfub Sdbecks)and a combined setback of 10 feet.
7. All—bb nwximum building height is f8'w1h approval by the Arshtectwal Review Commission(ARC).
PLANNING COMMISSION RESOLUTION NO. 2700
30
PLANNING COMMISSIOI ESOLUTION NO. 2700
Figure 25.10-1 Palm Desert Country Club Setbacks
i Y
Ell-
1 €-
City Boundary
R-t and R-2 Parcels within the Palm Desert Country Club
Palm Desert Country Club
31
PLANNING COMMISSION RESOLUTION NO. 2700
Exhibit D
Chapter 25.16 — Commercial and Industrial Districts
Sections in This Chapter
25.16.010 Purpose ...................................................................................................... 16-32
25.16.020 Characteristics of the Commercial and Industrial Districts ....................... 16-32
25.16.030 Allowed Land Uses and Permit Requirements.......................................... 16-33
25.16.040 Specific Use Standards............................... 16-Error! Bookmark not defined.
25.16.050 Development Standards............................................................................. 16-37
25.16.010 Purpose
The purpose of this chapter is to establish commercial and industrial zoning districts in the
City, along with allowed use and development standards applicable to those districts. These
districts are consistent with and implement the City's General plan commercial and
industrial district and center land use categories as indicated in Table 25.04-1 (Zoning
Districts).
25.16.020 Characteristics of the Commercial and Industrial Districts
The following descriptions of each district identify the characteristic uses, intensity of uses,
and intended level of development for that district.
A. Office Professional (OP). This district is intended for various levels of intensities for
business, office, administrative, research and development, and/or professional land
uses. This district is characterized by urban streetscapes with formal tree
arrangements and larger block sizes.
B. Planned Commercial (PC). The PC districts provide flexibility for commercial and
mixed-use development. Generally, these districts are characterized as coordinated
projects that integrate compatible commercial and residential mixed-uses. PC
districts balance the need for automobile parking and pedestrian connections that
are organized around walkable streetscapes and other pedestrian amenities. PC
districts are further refined based on property size, proximity to residential uses, and
as described below:
1 . Specialty Commercial Center (PC-1). The specialty commercial center
provides for small-scale commercial development that primarily serves
surrounding neighborhoods and other immediate land uses. This district is
characterized as being located in close proximity to residential development
and, as such, provides high levels of convenient pedestrian access. This
district also promotes the development of mixed-use (10.0-15.0 du/ac) as a
transition between residential uses and other development types.
2. District Commercial Center (PC-2). The district commercial center provides
convenient shopping opportunities outside of the downtown core area. This
PC district provides large-format retail areas for the broader community and
32
PLANNING COMMISSIO? ESOLUTION NO. 2700
provides flexibility for the integration of mixed-use (10.0-15.0 du/ac) on upper
floors of commercial buildings. The center is also characterized by traditional
parking lots with formal tree arrangements and spacing and sufficient space
for pedestrian areas and open space.
3. Regional Commercial Center (PC-3). The regional commercial center
provides a unified area for commercial uses which offer a wide range of
goods and services, including comparison and convenience shopping,
entertainment, cultural, and recreational uses. The district provides for large-
scale, large-format, commercial development that serves the broader region
and is generally located around major intersections and properties in
proximity to freeway overpasses. Although this district is predominately
commercial, mixed-use (10.0-15.0 du/ac) is allowed and should be integrated
into developments on the upper floor.
4. Resort Commercial Center (PC-4). The resort commercial center allows for
the development of a range of entertainment, hospitality, restaurants, and
recreational facilities with related commercial uses to serve visitors to the
City. The district is characterized by multi-story development that provides
recreation and entertainment amenities in accordance with its urban/natural
setting, and provides flexibility to integrate mixed-use (10.0 du/ac).
C. Service Industrial (SI). This district allows for the development of traditional
business parks that allow for the manufacture, distribution, research and
development, and service of products intended for use within Palm Desert and
surrounding communities. The district is characterized as having a more urban
setting with buildings located near roadways, shared and connected parking, and
streetscapes with formal street tree arrangements.
25.16.030 Allowed Land Uses and Permit Requirements
Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses
and corresponding permit requirements for commercial and industrial districts and all other
provisions of this title. Descriptions/definitions of the land uses can be found in Chapter
25.99 (Definitions). The "Special Use Provisions" column in the table identifies the specific
chapter or section where additional regulations for the specific use type are located within
this ordinance.
Use regulations in the table are shown with representative symbols by use classification
listing: "P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of
an administrative use permit, "C" symbolizes uses that require approval of a conditional use
permit, and "N" symbolizes uses that are not permitted. Uses that are not listed are not
permitted. However, the Commission may make a use determination as outlined in Section
25.72.020 (Use Determinations).
33
PLANNING COMMISSION RESOLUTION NO. 2700
Table 25.16-1: Use Matrix for Commercial and Industrial Districts
Commercial/industrial District
(P=Permitted;A=Administrative Use Special Use
Permit; C=Conditional Use Permit; Provisions
N=Not Permitted)
OP PC-1 PC-2 PC-3 PC-4 SI
Residential Uses
Caretaker housing N N N N N P 25.16.040.A
Condominium C C C N C C 25.16.040.E
Dwelling, duplex C C C C C C 25.16.040.E
Dwelling, multifamily C' C C C C C 25.16.040.E
Dwelling, single-family C C C N C C 25.16.040.E
Group home C C N N C C 25.16.040.E
Single-room occupancies N N N N N C
Homeless Shelter N N N N N P
Recreation, Resource Preservation,Open Space,and Public Assembly Uses
Amusement facility, indoors N N C C C N
Amusement facility, outdoors N N N C C N
Community facility N N N N N P
Day care center N C C C C N
Emergency shelters N P N N N P
Entertainment facility, indoor N N N P P N
Entertainment facility, outdoor N N N P P N
Institution,educational C C C N N C
Institution,general C N C N N C
Institution, religious C N C N N C
Open space(developed or natural) N P P N P N
Recreation facility,commercial N N P P P N
Recreation facility, private N N N P P N
Theater/auditorium N N I P P N N
Utility,Transportation,Public Facility,and Communication Uses
Commercial communication tower C C C C C C 25.16.040.0
Commercial parking lot C N N N N N
Public utility installation N N N N N P
Public facility(utility or service) N N I N N N P
34
PLANNING COMMISSIOP ESOLUTION NO. 2700
Utility facility N N C N N P
Retail,Service,and Office Uses
Adult entertainment N N N N N C 25.16.040.D
Ancillary commercial A P P P N A 25.16.040.E
Art gallery A P P P P C
Art studio A P P P P C
Bed and breakfast N A A A A N
Business support services N N N N P P
Convention and visitors bureau N N P N P N
Drugstore N P P P N N
Financial institution C P P P N N
Grocery store N P P P N N 25.16.040.F
Health dub, gyms or studios N A P P P C
Hotel N A A A P N
Liquor store N P P P N N
Liquor, beverage and food items shop N P P P P N
Medical, clinic P N P P N N
Medical, office P P P P N N
Medical, hospital N N N N N C
Medical, laboratory P N N N N P
Medical office, accessory N N N N N P 25.16.040.G
Medical, research facility P P N N N C
Mortuary N N N N N P
Office, professional P N P P P P
Office, local government P N N N N P
Office,travel agency P P P P P N
Outdoor sales N N A A A A
Personal services N P P P P N
Restaurant A C C C P C 25.16.040.E/H
Retail N P P P P N
Retail, bulky items N N N P P N
Spa N N P P P N
Time-share project N N N C C N
Automobile and Yiehilde Uses
35
PLANNING COMMISSION RESOLUTION NO. 2700
Automotive rental agency N N N N P P
Automotive gasoline station N N C C N C 25.34.090
Automotive service facility N N C C N P 25.34.090
Automotive sales new and used(Outdoor/Indoor) N N N N N C
Automotive sales of accessory parts and supplies N N N P P N
Vehicle storage facility N N N N N P 25.16.040.1
Industrial, Manufacturing, and Processing Uses
Industrial planned unit development N N N N N P
Light industrial and research and development N N N N N P
Maintenance facility N N N N N P
Pest control facility N N N N N P
Preparation of foodstuffs N N N N N P
Production of home and office decor accessories N N N N N P
Warehouse or storage facility N N N N I N P
Temporary Uses
See Section 25.34.080
1 The establishment may be permitted with an Administrative Use Permit but may be elevated to a Conditional Use Permit at the
discretion of the ZA based on:parking, traffic, or other impacts.
25.16.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.16-1 (Use Matrix
for Commercial and Industrial Districts):
A. Caretaker Housing. Permitted only when incidental to and on the same site as a
permitted or conditional use.
B. Residential (mixed use). Residential uses may be established and maintained to
be compatible with the permitted or the approved conditional uses in the vicinity.
C. Commercial Communication Tower. All communication towers and antennas shall
satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna
Regulations).
D. Adult Entertainment. All uses defined as adult entertainment are required to meet
the provisions established by Section 25.34.110 (Adult Entertainment
Establishments).
E. Commercial (ancillary). Applicable only to office and industrial complexes that
occupy a minimum of two acres. Restaurant uses shall not exceed 10 percent of the
36
PLANNING COMMISSIOt =SOLUTION NO. 2700
gross leasable floor area and the total ancillary commercial uses, including
restaurants, shall not exceed 25 percent of the gross leasable floor area of the
complex. A Conditional Use Permit or Administrative Use Permit is required to
review land-use compatibility and to ensure that adequate parking exists to serve the
commercial use.
F. Grocery Stores. Limited to a maximum building size of 10,000 square feet in PC-1,
30,000 square feet in PC-2, and 60,000 square feet in PC-3.
G. Medical Offices, accessory. Permitted only when ancillary to and in conjunction
with the operation of a hotel.
H. Restaurants. Drive-through and drive-in facilities permitted by a conditional use
permit as follows:
1 . Permitted locations.
i. Within Freeway Commercial Overlay District
ii. On the following streets and as indicated in Figure 25.10-2: Monterey Avenue
and Portola Avenue from the northern city boundary to the north side of Gerald
Ford Drive.
2. Development standards.
i. Drive-through lanes and window facilities shall be designed in a manner that they
are screened and/or not visible from surrounding public streets.
ii. Drive-through vehicle queue must be permanently screened and/or not visible
from surrounding public streets.
I. Vehicle Service and Storage Facility. The storage facility must be completely
screened.
25.16.050 Development Standards
The development standards included in Table 25.16-2 (Commercial and Industrial District
Development Standards) are applicable to commercial and industrial districts. These
standards, along with other development standards (e.g., landscaping requirements, signs,
and parking standards) located in the zoning ordinance, are intended to assist property
owners and project designers in understanding the City's minimum requirements and
expectations for high-quality development.
A. Special setback requirements. In addition to the setback requirements in Table
25.16-2 (Commercial and Industrial District Development Standards) the following
special setback provisions apply:
1. On interior lots in the PC zone districts, setbacks shall be the lesser of the
setback requirement listed in Table 25.16-2 (Commercial and Industrial
District Development Standards). For exterior lots or projects perimeter
adjacent to public streets the setback standards below shall apply. Said
setbacks shall be measured from the property line.
2. Building setbacks from planned street lines:
37
PLANNING COMMISSION RESOLUTION NO. 2700
Table 25.16-2: Setbacks from Planned Street Lines
Street Type Setback Distance
Freeway 50 feet
Major 32 feet
Arterial 32 feet
Collector 25 feet
Local 25 feet
3. Where commercial districts abut a residential district, a fence or wall six feet
in height shall be located adjoining the property line except adjoining a
required front yard. All commercial district property lines adjoining a
residential district shall be landscaped with plant materials for an area 10 feet
in depth.
4. All nonpaved areas shall be landscaped and treated or maintained to
eliminate dust.
B. Exceptions: Development standards within the PC districts may be modified through
the precise plan process as specified in Section 25.72.030Special standards within
the Service Industrial (SI) district.
Sound emanating from industrial properties shall be muffled so as not to become
objectionable due to intermittence, beat frequency, or shrillness. The measurements of
sound shall be measured at the lot lines and shall be measured to decibels with a sound
level meter and associated octave band filter, manufactured according to standards
prescribed by the American Standards Association. Maximum permissible sound
pressure levels shall comply with the limits at table 25.16-2 and the following standards:
Table 25.16-3: Maximum Permitted Decibels
Octave Band in Cycles- Adjacent Residential District Lot Line of Use in the SI
Second(decibels) Boundaries(decibels) Zone(decibels)
0-75 72 79
76-150 59 74
151-300 52 66
301-600 46 59
601-1200 42 53
1201-2400 39 47
2401-4800 34 41
Above 4800 32 39
38
PLANNING COMMISSIOI' ESOLUTION NO. 2700
1. The maximum sound pressure level in decibels shall be 0.002 dynes per
square centimeter.
2. Toxic gases or matter shall not be emitted which can cause any damage to
health, animals, or vegetation, or other forms of property, or which can cause
any excessive soiling beyond the lot lines of the use.
3. Vibration from any machine, operation, or process which can cause a
displacement of .003 of 1 inch as measured at the lot lines of the use shall be
prohibited. Shock absorbers or similar mounting shall be allowed which will
reduce vibration below .003 of 1 inch as measured at the lot lines.
4. Glare and heat from any source shall not be produced beyond the lot lines of
the use.
5. Storage of refuse, trash, rubbish, or other waste material outside a permanent
building shall be kept in enclosed containers in areas other than the front and
side yards.
6. Lighting, including spotlights, floodlights, electrical reflectors, and other
means of illumination for signs, structures, landscaping, parking areas,
loading and unloading areas, and the like shall be shielded, focused, directed,
and arranged as to prevent glare or direct illumination on streets or adjoining
property.
7. Unless specific additional uses are permitted by the certificate of occupancy,
the use of radioactive materials within the SI district shall be limited to
measuring, gauging and calibration devices, as tracer elements, in x-ray and
like apparatus, and in connection with the processing and preservation of
foods. In no event shall radioactivity, when measured at each lot line, be in
excess of 2.7 x 10-11 micro curies per milliliter of air at any moment of time.
8. Electrical and electronic devices and equipment shall be suitably wired,
shielded, and controlled so that in operation they shall not, beyond the lot
lines, emit any electrical impulses or waves which will adversely affect the
operation and control of any other electrical or electronic devices and
equipment. (Ord. 96 § 1, 1975, Exhibit A § 25.20-7.16)
C. Special standards within the Office Professional (OP) district.
1. When adjacent to single-story residential, the rear and exterior side yard
setbacks shall be increased by 6.43 feet for each foot of building height
above 18 feet up to 25 feet tall. See table below:
39
PLANNING COMMISSION RESOLUTION NO. 2700
Table 25.16-4: Additional Setback in OP District
Height Setback
Distance
19 feet 26.43 feet
20 feet 32.86 feet
21 feet 39.29 feet
22 feet 45.72 feet
23 feet 52.15 feet
24 feet 58.58 feet
25 feet 65 feet
2. Second-story Windows: Second-story windows are allowed to face adjacent
single-story residential zones with sufficient screening; either with
landscaping or another method as approved through the precise plan
process.
40
r
D
Z
Commercial/Industrial District Z
OP PC-1' PC-2' PC-3' PC-4' SI
Lot Dimensions m n
N 0
Lot size, min 15,000 sf 3 ac 5 ac 30 ac 4 ac 20,000 sf Un K
L
Lot size, max None 10 ac 20 ac None None None ic
to
Lot width, min 70' None None None No min 100, n to
o 5
Lot depth, min 140' None None None No min 100, 3 Z
Setbacks2 m
M
Front yard, min 12' min, 15' _ 30, 20' m. Cn
avg — O
� r
Side yard, min (interior/exterior) 0720' a,a.' O720i34 O'/20'3'4 — 15' O'710'S C C
Street side yard, min 12' min, 15' — — — — 10, Q Z
avg y
W Z
Rear yard, min 0'/20' s.4 0720i3 4 072013A — 20' 0'125'5 �• O
Coverage N
4
Floor Area Ratio � p
0.75 0.5 1.0 1.0 0.10 0.75
n
1*
Residential Density Range 10.0— 10.0— 10.0— 0
(mixed-use) 10.0 15 0 15.0 15.0 10.0 -
Building Measurements p
v
Height, max (single-use) 40', 3 stories 35', 2 35', 2 35', 2 55', 4 40', 3 3
stories stories stories stories stories 3
Height, max (mixed-use) 40 40 40 40 55 - Cn
No. of Stories (mixed-use) 3 3 3 3 4 Q
Building size maxi — 10,000 sf 30,000 sf — — — — Q-
U)
Landscaping
D
Required landscaping, min 9 Z
percentage of lot area 15% 15% 15% 20% 20% — — Z
Z
Depth of landscaping in street 0
setback area, min 10, 10, 20' 30' 10, O
Notes: 9
1. Development standards may be modified through the precise plan process as specified in Section 25.72.030. 9
2. See Section 25.16.050 A(Special Setback Requirements). (n
3. When an OP, PC-1 or PC-2 zone is adjacent to a commercially or industrially zoned property, the setback is zero. cn
4. When an PC-1, or PC-2 zone is adjacent to a residentially zoned property, the minimum required setback for a commercial structure or a joint use commercial and residential 0
structure is equal to the building's height. Z
5. When an St zone is adjacent to or across the street from residentially zoned property, the minimum side setback is10 feet and the minimum rear setback is 25 feet.
6. The side yard setback may be 0 feet where the main building structure on the same lot line of the abutting parcel is set back at 0 feet and both parcels are developed at the m
same time.
7. When adjacent to single-story residential, see Section 25.16.050 E(Additional Setback in OP District). 0
8. This standard refers to the maximum area for any single commercial enterprise. r-
9. For hotels, a minimum of 25 percent of the site area must be usable landscaped open space and outdoor living and recreation area with an adequate irrigation system. C
0
Z
N Z
0
N
O
O
PLANNING COMMISSION mESOLUTION NO. 2700
Exhibit E
Chapter 25.22 — Special Districts
Sections in This Chapter
25.22.010 Purpose ...................................................................................................... 22-43
25.22.020 Characteristics of Special Districts ............................................................ 22-43
25.22.030 Allowed Land Uses and Permit Requirements.......................................... 22-43
25.22.040 Development Standards............................................................................. 22-45
25.22.010 Purpose
The purpose of this chapter is to establish zoning districts in the City specifically reserved
for public, institutional, and open space use and to provide a list of permitted uses and
general development standards. These districts are consistent with and implement the
City's General Plan as indicated in Table 25.04-1 (Zoning Districts).
25.22.020 Characteristics of Special Districts
The following descriptions of each residential district identify the characteristic uses,
intensity of uses, and level of development intended for that district.
A. Public/Institutional (P). The purpose and intent of the P district is to provide for the
orderly establishment of public facilities, expansion of their operations, or change in
the use of lands owned, leased, or otherwise controlled by governmental agencies
and for the orderly establishment of quasi-public institutional uses that are
compatible with, and support, surrounding land uses.
B. Open Space (OS). The open space district is intended to provide for areas reserved
for parks, public or private recreation, protection of natural and developed open
spaces, governmental public uses, or areas where a hazard to the public may exist.
25.22.030 Allowed Land Uses and Permit Requirements
Table 25.22-1 (Use Matrix for Special Districts) identifies allowed uses and corresponding
permit requirements for the special districts and all other provisions of this title. Use
regulations in the table are shown with representative symbols by use classification listing:
T" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an
administrative use permit, "C" symbolizes uses that require approval of a conditional use
permit, and "N" symbolizes uses that are not permitted. Uses that are not listed are not
permitted. However, the Commission may make a use determination as outlined in Section
25.72.020 (Use Determinations).
43
PLANNING COMMISSION RESOLUTION NO. 2700
Table 25.22-1: Use Matrix for Special Districts
i
Key: Special Zoning Special Use
District Provisions
P=Permitted; A=Administrative Use Permit;
C=Conditional Use Permit; N=Not P OS
Residential Uses
Condominium1 C N
Dwelling, duplex1 C N
Dwelling, manufactured1 C N
Dwelling, mobile home1 C N
Dwelling, multifamily1 C N
Dwelling, second1 P N 25.34.030
Dwelling, single-family1 C N
Farmworker housing'! C N
Group home1 C N
Planned unit development, residential1 C N
Recreation, Resource Preservation,Open Space, and Public Assembly Uses
Apiary A P
Botanical conservatory A P
Cemetery C C
Community facility C P
Crops and horticulture, limited C P
Historic landmark P P
Institution, educational C C
Institution, general C P
Institution, religious C N
Kennel C N
Library A P
Nursery N P
Orchard N P
Public park P P
Recreation facility, commercial C C
Recreation facility, private C N
Recreation facility, public C P
Stable, boarding N C
Utility,Transportation,Public Facility,and Communication Uses
44
PLANNING COMMISSION KESOLUTION NO. 2700
Key: Special Zoning Special Use
District Provisions
P=Permitted; A=Administrative Use Permit;
C=Conditional Use Permit; N=Not P OS
Commercial communication tower C C Section 25.34.130
Electric substation C N
Fire station C P
Maintenance facility(public only) C C
Maintenance yard(public only) C C
Public service facility C P
Utility facility C C
Retail,Service,and Office Uses
Medical, hospital C N
Office, local government A P
Outdoor sales C N
Recording studio C N
Restaurant2 N A
Notes:
1. Government-supported,-funded and/or-operated only.
2. Recreation-oriented restaurants,eating and drinking places.
25.22.040 Development Standards
The development standards in Table 25.22-2 (Special District Development Standards) are
applicable to the special districts. These standards, along with other development standards
(e.g., landscaping requirements, signs, and parking standards) in this ordinance, are
intended to assist project designers in understanding the City's minimum requirements.
Table 25.22-2: Special District Development Standards
Special Zoning
District
P OS
Dimensional Requirements'
Lot area(minimum) None None
Yard requirements None None
Building height, max 35' 30'
Notes:
1.Additional requirements may be required as part of
conditional use permit or administrative use permit approval.
45
PLANNING COMMISSION RESOLUTION NO. 2700
Exhibit F
Chapter 25.28 — Overlay Districts
Sections in This Chapter
25.28.010 Purpose ............................................................................................................32
25.28.020 Senior Housing Overlay District.......................................................................32
25.28.040 El Paseo Overlay District ...................................................................................4
25.28.060 Planned Community Overlay District.................................................................5
25.28.070 Freeway Commercial Overlay .........................................................................37
25.28.080 Scenic Preservation Overlay District .................................................................7
25.28.090 Drainageway, Floodplain, Watercourse Overlay District...................................8
25.28.100 Natural Factors/Restricted Development Overlay District ..............................10
25.28.110 Seismic Hazard Overlay District......................................................................10
25.28.120 Bermuda Dunes Airport Area...........................................................................12
25.28.010 Purpose
The overlay zoning districts established in this chapter are designed to supplement the use
regulations and/or development standards of the applicable underlying base zoning district
by recognizing distinctive areas of the City that have special and unique social,
architectural, or environmental characteristics which require special considerations not
otherwise adequately provided by the underlying base zone applicable to the property.
25.28.020 Senior Housing Overlay District
A. Purpose and Applicability. The purpose of the Senior Housing Overlay (SO)
district is to provide optional standards and incentives for the development of a wide
variety of specialized housing designed for and restricted to residents over the age
of 55. Whenever the SO has been added to a base zone, the applicant may choose
whether to use the optional SO standards or the standards of the base zone.
B. Uses Permitted by Approved Precise Plan and Conditional Use Permit. Uses
permitted by the approved precise plan and conditional use permit shall be
residential retirement developments consisting of attached or detached units for rent
or sale and associated recreational facilities and involving varying degrees of
support arrangements, ranging from completely independent living, congregation,
assisted, and memory care to community food service and healthcare.
C. Development Standards. Development standards shall be flexible to ensure
efficient site planning and neighborhood compatibility and to reflect the unique
requirements of persons over the age of 55.
D. Density and Intensity.
1. Due to smaller unit and household sizes, project density (units per acre) shall
be determined by intensity (persons per acre) and age.
46
PLANNING COMMISSION mESOLUTION NO. 2700
2. Overall project population shall be calculated according to the following
factors:
Table 25.28-1: Persons per Unit in Senior Housing
Unit Size Persons per Unit
Studio 1.25
One bedroom 1.75
Two bedroom 2.00
3. Allowable Population/Gross Acre (P/A). Density shall be equal to P/A. The
maximum density shall vary with project site area. Projects on larger sites will
be allowed greater density due to increased opportunity for common open
space and site planning efficiencies of scale.
Table 25.28-2: Allowable Population per Gross Acre in Senior Housing
Project Site Area PIA
Less than 2.49 acres 30
2.5 to 9.99 acres 40
10 acres or more + 50
4. Senior housing projects shall be divided into two age restriction
classifications: 55 minimum and 62 minimum. Due to greater activity levels of
age 55 projects, allowable P/A shall be reduced by 25 percent.
5. Unit Sizes. Minimum allowable unit sizes in square feet (sf) shall vary
according to the presence or absence of a common project dining facility.
Each unit shall contain, as a minimum, a kitchen including two burners, an
oven, a refrigerator/freezer, a sink, counter space, and storage.
Table 25.28-3: Unit Size in Senior Housing
Common Dining
Unit Size
With Without
Studio 360 sf 450 sf
One bedroom 500 sf 600 sf
Two bedroom 700 sf 800 sf
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PLANNING COMMISSION RESOLUTION NO. 2700
6. Example of Density and Intensity Calculations. The following table illustrates
how projects of different characteristics would calculate allowable density and
intensity limits:
Table 25.28-4: Examples of Density and Intensity Calculations
Project Permitted Population Permitted Unit Size
Size Units(assumes all 2 bedroom) (without common dining)
Age 55-62
Age 62 + Age 55-62 Age 62 +
(25% reduction)
5 acres 150 200 (40 P/A) 75 100 800 sf
10 acres 375 500(50 P/A) 188 250 800 sf
E. Accessibility.
1. All second-story units shall be serviced by elevators.
2. All common areas shall be wheelchair accessible.
3. Handicapped unit design shall meet requirements for state Title 24
handicapped-access regulations.
F. Parking Requirement.
1. Parking ratios based on age group shall be based on the following:
Table 25.28-6: Parking Required for Senior Housing
Age Minimum Parking Ratio
55 1.25 per unit
62 1.00 per unit
62+ 0.75 per unit'
1. With Commission approval according to G.2.
2. Projects which by their design appeal to age categories significantly older
than age 62 may request reduced parking requirements if it can be
demonstrated that less demand will be generated. The Commission may
reduce the parking requirement to 0.75 spaces per unit if the project applicant
demonstrates less demand to the satisfaction of the Commission.
G. Affordability Requirements. A portion of any project with 10 or more dwelling units
shall be reserved and made affordable to lower- and moderate-income residents.
48
PLANNING COMMISSION KESOLUTION NO. 2700
1. For projects between 10 and 99 units, 10 percent of the units shall be
affordable to lower-income residents and 10 percent to moderate-income
residents.
2. Projects with 100 or more units shall be required to provide an additional 5
percent affordable to very low-income residents.
3. The total number of these controlled units shall not exceed the additional
units allowed by the SO district or the density allowed by the base zone.
4. The applicant shall be responsible for proposing the methods to achieve the
program goal, which may vary depending upon the nature of the housing and
the degree of additional services provided.
5. The Commission shall have flexibility in reviewing and approving innovative
proposals.
H. Very Low, Low, Moderate Income Defined. Very low income shall be equivalent to
50 percent of median income; lower income, 80 percent of median; and moderate
income, 100 percent of median as shown on the latest US Department of Housing
and Urban Development (HUD) estimates for the Riverside/San Bernardino area or
on other, more specific HUD estimates for senior citizens.
I. Projects approved under this section must be used solely for senior citizen housing
unless special approval is granted by the Council.
J. The applicant shall, as a condition of approval, submit a maintenance bond to
ensure exterior maintenance for a period of time satisfactory to the City.
25.28.040 El Paseo Overlay District
A. Intent and purpose. El Paseo is designed as a pedestrian specialty retail/personal
services district. The success of a pedestrian commercial district is dependent upon
the creation and maintenance of a continuous succession of diverse but compatible
businesses which attract and sustain pedestrian interest. To encourage this
continuous pattern of pedestrian-oriented uses, this chapter shall regulate the type of
new uses which may occupy El Paseo street-level commercial frontage constructed
after July 1, 1987.
B. Permitted uses. The following retail/personal service uses shall be liberally
construed to be permitted uses within the El Paseo pedestrian commercial overlay:
1. Art galleries
2. Book and card shops
3. Clothing and apparel shops
4. Furniture stores and home furnishings
49
PLANNING COMMISSION RESOLUTION NO. 2700
5. Gift and accessories boutiques (including small antiques)
6. Jewelry shops
7. Liquor, beverage, and food item shops
8. Luggage shops
9. Personal care/products shops and services (including barbering and
cosmetology)
10. Restaurants
11.Sundries shops (general merchandise)
C. Conditional uses. The Commission may, by conditional use permit, approve
commercial uses not listed above if they are determined to be compatible with the
intent and purpose of this chapter.
25.28.060 Planned Community Overlay District
A. Purpose and applicability. The Planned Community Overlay district allows for the
Council to establish larger areas for coordinated land use, and master planning
purposes that may include multiple properties. Approval of a Development Plan as
outlined in Section 25.72.040 is required for approval of a development in the
Planned Community Overlay district.
B. Requirements.
1 . Site area. A minimum of 100 acres shall be required for a planned community
development.
2. Master plan required. Any application for a planned community overlay zone
shall be accompanied by a master plan for the entire area covered by the
application.
3. Ownership. All land in a proposed overlay zone shall be held in one
ownership or under unified control or have the written consent or agreement
of all owners of property proposed for inclusion in the overlay zone.
4. Utilities. The existing utilities systems (water, sewer, drainage, electrical, gas,
and communications facilities) shall be adequate, or new systems designed
and constructed to adequately serve the development. Master plans for utility
systems may be required along with the application for the planned
community overlay zone if determined necessary by the Director.
C. Application. An application for an overlay zone shall be submitted by the owner, his
or her authorized agent, or the purchaser of the land with the consent of the owner.
The application shall be prepared by a qualified team of professionals and
50
PLANNING COMMISSION KESOLUTION NO. 2700
accompanied by the required application form, master plan, submittal materials, and
other information as required by the Director.
D. Procedure.
1. Upon receipt of a complete application for an overlay zone, the Department
shall review the application materials and prepare a recommendation to the
Commission.
2. The Commission shall hold a public hearing on such application. If it finds the
criteria set forth in this chapter have been met, it may establish the overlay
zone subject to such conditions as it deems necessary. The Commission may
deny the application if it finds any of the criteria have not been met, or that the
approval of the application would be detrimental to the public peace, health,
safety, or welfare.
3. Planned community development applications shall be forwarded along with
the community master plan to the Council. The Council shall hold a public
hearing and either approve, conditionally approve, or deny the community
master plan. The decision of the Council shall be final.
E. Termination of overlay zone.
1. The overlay zone and any master plan or other material approved as a part
thereof shall become null and void if the physical development of the district
is not commenced within two years from the date of adoption of the resolution
establishing the zone.
2. An extension of time, not to exceed one year, may be granted by the
Commission when extenuating circumstances can be clearly shown by the
applicant. The request for an extension of time shall be submitted to the
Commission in writing prior to the expiration date and shall clearly state the
reasons why the physical development of the district has not commenced and
such overlay zone has not been utilized.
3. Partial physical development within the overlay and/or master plan is
considered sufficient to maintain the overlay zone designation, and action by
the Council in the form of a zoning amendment is required to alter the
boundaries, master plan, or development standards.
25.28.070 Freeway Commercial Overlay District
A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone
(FCOZ) district is to provide optional standards and incentives for the development
of a variety of commercial uses. Whenever the FCOZ has been added to a base
zone, the owner/applicant may choose whether to use the optional FCOZ standards
or the standards of the base zone. In order to obtain approval of uses only permitted
in the FCOZ, the project must utilize FCOZ standards.
51
PLANNING COMMISSION RESOLUTION NO. 2700
B. Conditional uses. Uses permitted by approved conditional use permit shall be as
follows:
1. Restaurants, general, including drive-through restaurants
2. Automobile service stations without regard to the required separation
distance provisions per Section 25.34.090 (Automotive Service Stations)
3. Convenience stores
4. Car washes
5. Combinations of two or more of the above uses
6. Hotel
7. Commercial recreation and amusement establishments
8. Mini storage
9. Outdoor recreational vehicle and boat storage
C. Development standards. Projects proposed under this chapter shall be master
planned and the master plan shall be approved by the Commission prior to any
construction activity. The master plan approval is subject to the following:
1. Development of individual projects within the approved master plan shall be
processed through the precise plan process.
2. Property to be master planned shall be at least 5 acres in size and shall have
frontage on a designated arterial street.
3. Drive-up lanes and window facilities shall be designed in a manner that they
are not visible from an arterial street.
4. Development standards shall generally be flexible to ensure efficient site
planning and to foster the creation of attractive developments.
5. Automobile service stations shall comply with the requirements of Section
25.34.090 (Automotive Service Stations).
D. Required on-site parking. The required number of parking spaces for a combined
development shall be cumulative for all proposed uses. The Commission may
reduce the required parking where it is clearly demonstrated that a shared use will
occur (i.e., a restaurant which serves a hotel), or with a showing of good cause, the
Commission may increase the number of parking spaces required.
E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile
service stations pursuant to Section 25.34.090 (Automotive Service Stations).
52
PLANNING COMMISSION mESOLUTION NO. 2700
F. Landscaping. All master planned projects approved through the FCOZ process
I shall provide a minimum of at least 30 percent landscaped open space, of which at
least half of the common usable public space can include a picnic area, a dog park,
or a kids land, as well as landscaped setback areas. With a showing of good cause,
the Commission may decrease the minimum landscaped open space requirement.
25.28.080 Scenic Preservation Overlay District
A. Purpose. It is the purpose of the Scenic Preservation Overlay (SP) district to
designate those scenic corridors that have a special aesthetic quality and to provide
the opportunity for special standards for development in these areas to protect that
quality. This district and the related provisions may be applied according to the
procedures established in Section 25.78.030 (Amendments—Zoning Ordinance).
B. Permitted and conditional uses. Any permitted or conditional use which is allowed
within the base district requires the review and approval of the ARC which shall have
taken specific notice of the fact that such development is within a scenic corridor as
noted within the City's General Plan.
C. Development standards. At a minimum, the development standards of the
underlying base district shall apply. The ARC may apply additional standards to
ensure that the aesthetic quality of the scenic corridor is preserved. At a minimum,
the ARC will consider the following:
1. Preservation of scenic vistas
2. Setbacks
3. Landscaping
4. Building heights
5. Signs
6. Mitigation of excessive noise impacts
D. Specific standards. All SP designations added to the R-2 and R-3 residential
districts on the zoning map shall be limited to one story, with the maximum height
determined by a line of sight study.
25.28.090 Drainageway, Floodplain, Watercourse Overlay District
A. Purpose and intent. The purpose of the Drainageway, Floodplain, Watercourse
Overlay (D) district is to designate those areas of the City that are known to be
subject to flooding. This designation and regulations herein are intended to achieve
the following objectives:
1. To prevent loss of life and property and to minimize economic loss caused by
flood flows.
53
PLANNING COMMISSION RESOLUTION NO. 2700
2. To establish criteria for land management and use in flood-prone areas that is
consistent with that promulgated by the Federal Insurance Administration for
the purpose of providing flood insurance eligibility for property owners.
3. To prohibit occupancy or the encroachment of any structure, improvement, or
development that would obstruct the natural flow of waters within a
designated drainageway, floodway, or watercourse.
4. To regulate and control uses below the elevation of the 100-year flood flow.
B. Applicability. The D overlay district shall be applied to those areas that are known
to be subject to flooding as determined by the Council, based on recommendations
by the affected flood control district.
C. Conditional uses. The following uses and structures shall be permitted in this
overlay district subject to the issuance of a conditional use permit by the
Commission:
1. New residential, commercial, industrial, and agricultural structures permitted
by the underlying district regulations involved, and when they comply with all
of the conditions listed below:
i. Flood-proofing and/or flood protective measures shall be required to
be installed in a manner to meet the approval of the chief engineer of
the affected flood control district.
ii. Building and health code requirements applicable to floodplain districts
shall be complied with.
iii. The bottom elevation or first floor of any structure shall be at least 1
foot above the level of the 100-year flood. Exceptions may be
recommended by the building official only for nonresidential structures
which are adequately flood-proofed, in accordance with the building
code, up to the level of the 100-year flood.
iv. Landfills, improvements, developments, or other encroachment effects
on the 100-year flood level such that the water surface elevations of
the 100-year flood are increased by more than 1 foot shall be fully
offset by requirements for stream improvements meeting with the
approval of the chief engineer of the affected flood control district.
2. Public utility facilities.
3. Recreation areas, parks, campgrounds, playgrounds, fishing lakes, hunting
clubs, riding and hiking trails, golf courses, golf driving ranges, polo fields,
athletic fields, parking lots, all of which involve only the open use of land
without permanent structures or improvements.
4. Temporary and readily removable structures accessory to agricultural uses.
54
PLANNING COMMISSION KESOLUTION NO. 2700
D. Prohibited uses. The following uses are specifically prohibited in the D district:
1 . Excavations that will tend to broaden the floodplain or direct flood flows out of
the natural floodplain.
2. Landfills, improvements, developments, or other encroachments that would
increase water surface elevations of the 100-year flood more than 1 foot or
that cannot be fully offset by stream improvements.
3. Storage of floatable substances or materials which will add to the debris load
of a stream or watercourse.
E. Development standards. The property development standards of the underlying
zone shall apply insofar as they pertain to the uses of this district.
F. Precise plan review. All development shall be subject to precise plan review as
prescribed in Section 25.72.030 (Precise Plan).
G. Special standards.
1. Development of hillside canyon areas shall not occur until hydrology is
submitted which specifies techniques for management of runoff. The exact
location of development shall include the determination resulting from a
hydraulic study.
2. Other standards required under conditional use permits shall also apply.
25.28.100 Natural Factors/Restricted Development Overlay District
A. Purpose. The purpose of the Natural Factors/Restricted Development Overlay (N)
district is to provide for the continued availability of land for the conservation of
natural resources and the preservation and protection of wildlife habitat areas and
areas with significant natural vegetation as limited resources. The overlay district
shall be applied as determined to have the desired characteristics specified above
as determined by the Council through the amendment process.
B. Permitted uses. All uses permitted in the underlying district shall be permitted in this
district subject to careful consideration by the design review process of the
preservation of the unique natural element of the property.
C. Development standards. All the development standards and requirements set forth
in the underlying district shall be complied with. Additional standards for
development may be required by the precise plan review process to ensure that
modification to existing natural vegetation and any disturbance of the terrain and
natural land features are compatible with adjacent areas and will result in a minimum
disruption to the wildlife habitat and natural vegetation on the site.
D. Cost of investigations. All costs and expenses incurred as a result of the
requirements of this chapter, including the cost and expenses of an independent
55
PLANNING COMMISSION RESOLUTION NO. 2700
review of the material submitted under this chapter by qualified persons retained by
the City, shall be borne by the applicant.
E. Site plan review. All development within this overlay district shall be subject to a
precise plan review as provided in Section 25.72.030 (Precise Plan).
25.28.110 Seismic Hazard Overlay District
A. Purpose. The purpose of the Seismic Hazard Overlay (SH) district is to protect life
and property in the City from the hazards of seismic activity and to set requirements
for the level of earthquake consideration that must be incorporated into development
proposals prior to design and construction. The overlay district shall be applied to
those areas that are known to be within the SH overlay zone.
B. Permitted uses. All uses permitted in the underlying district are permitted subject to
the obtaining of a conditional use permit approved by the Commission.
C. Site development standards. All the development standards and requirements set
forth in the underlying district shall be complied with. Standards and requirements in
excess of those in the underlying district may be required in the conditional use
permit to mitigate possible seismic-related impacts.
D. Geological soils investigation. All applications for a conditional use permit in the
SH district shall be accompanied by a combined in-depth geologic and soils
investigation prepared by a registered geologist, certified by the state as an
engineering geologist, and by a licensed civil engineer qualified in soil mechanics.
Required geologic and soils investigations shall be based on the following
considerations:
1. Adequate geologic mapping, trenching, and boring to determine that surface
faulting and ground breakage has not occurred on the site and is unlikely to
occur in the future.
2. Adequate boring and field and laboratory testing to determine accurately the
subsurface profile and the static/dynamic properties of the soil/rock materials.
3. Thorough regional studies of all possible causative faults and fault systems
which could generate motions at the site.
4. Studies to determine the character of ground motions at the site.
5. Calculation of design response spectra, based on repetition, and on structural
properties (damping, ducting).
6. Careful dynamic design of cohesive structures with each element working as
a part of the entire structural system.
7. Thorough study of the ways in which the structure might disassemble if it
were to fail, and the inclusion of redundant backup features to control
disassembly so that outright collapse cannot occur.
56
PLANNING COMMISSION r-,ESOLUTION NO. 2700
8. Design of anchorage and bracing for all critical infrastructure systems
(examples: emergency power, heat, light, oxygen supply), based on factors
derived from dynamic analysis, providing generous and conservative safety
factors. The manufactured equipment and appurtenances purchased for such
a facility should be designed likewise.
E. Cost of investigation. All costs and expenses incurred as a result of the
requirements of this chapter, including the cost and expense of an independent
review of the material submitted under this chapter by qualified persons retained by
the City, shall be borne by the applicant for the conditional use permit.
F. Site plan review. All permitted uses, except single-family dwellings, and all
conditional uses shall be subject to precise plan review as prescribed in Section
25.72.030 (Precise Plan).
25.28.120 Bermuda Dunes Airport Area
A. Purpose. The purpose of the Bermuda Dunes Airport Area (BDA) district is to
Seismic Hazard Overlay (SH) district is to adhere to the Bermuda Dunes Airport
compatibility regulations within the Airport Influence Boundary. The overlay district
shall be applied to those areas that are known to be within the BDA overlay zone,
identified in the Riverside County Airport Land Use Compatibility Plan Policy
Document and Figure 25.29-1 .
B. Permitted uses. All uses permitted in the underlying district are permitted subject to
the Riverside County Airport Land Use Compatibility Plan Policy Document.
57
PLANNING COMMISSIOt SOLUTION NO. 2700
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PLANNING COMMI: )N RESOLUTION NO. 2700
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59
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: CONSIDERATION OF A RECOMMENDATION TO THE CITY
COUNCIL FOR APPROVAL OF A COMPREHENSIVE ZONING
ORDINANCE AMENDMENT TO CHAPTERS 25.02, 25.04, 25.10, 25.16,
25.22, AND 25.28 OF THE CITY'S ZONING ORDINANCE AND
APPROVAL OF CHANGES TO THE CITY'S ZONING MAP FOR
CONSISTENCY WITH THE ADOPTED GENERAL PLAN
SUBMITTED BY: Ryan Stendell, Director of Community Development
Eric Ceja, Principal Planner
APPLICANT: City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
CASE NO: ZOA/CZ 17-105
DATE: June 20, 2017
CONTENTS: 1. Draft Planning Commission Resolution No. 2700
2. Exhibit A— Section 25.02 "Introductory Provisions"
3. Exhibit B — Section 25.04 "Establishment of Zoning Districts"
4. Exhibit C — Section 25.10 "Residential Districts"
5. Exhibit D — Section 25.16 "Commercial and Industrial Districts"
6. Exhibit E — Section 25.22 "Special Districts"
7. Exhibit F — Section 25.28 "Overlay Districts"
8. Exhibit Al — Updated Zoning Map
Recommendation
Adopt Planning Resolution No. 2700, recommending approval to the City
Council for updates to the City's Zoning Ordinance and Zoning Map as
described in Exhibits 'A," "B," "C," "D," "E," "F," and "Al" to the City Council.
Executive Summary
Approval of staff's recommendation will result in a Resolution of the Planning Commission
recommending approval of a comprehensive update to six (6) sections of the City's Zoning
Ordinance and amends the City's Zoning Map to be consistent with the land use map and
policies approved as part of the recently adopted General Plan. Title 7 of the Government
Code of the State of California, requires the City's Zoning Ordinance and Zoning Map be
consistent with the General Plan.
Staff Report
ZOA/CZ 17-105 Consistency Update: General Plan
Page 2 of 9
June 20, 2017
Background
Requirements of a General Plan
For local governments, the day-to-day planning work is accomplished through two main
documents: The General Plan (guiding principles) and the Zoning Ordinance (often referred
to as the development code). A General Plan is required by California Government Code
(Section 65300) and is intended to layout the future of a city's development in general terms
through a series of policy statements. Conversely, the Zoning Ordinance, required by
California Government Code (Section 65850), is intended to implement the General Plan by
translating its broad policy statements into specific requirements for landowners. The
Zoning Ordinance divides all lands in a city into zones (land use categories) and specifies
the permitted uses and required standards for each zone. Generally speaking, these two
documents are intended to work together to ensure orderly and thoughtful development
within the City.
Under state law, every local General Plan must address land use as part of a Land Use
Element. The adopted General Plan update includes a Land Use Element to establish a
long-term vision and policies for the development of the City over the next 20 — 30 years.
New policies within the General Plan are progressive in their pursuit of transformational
changes to the City's land use pattern. As such, staff is proposing a number of amendments
to the City's Zoning Ordinance to comply with the goals and policies in the General Plan.
General Plan and Zoning Ordinance Consistency
A General Plan must be internally consistent within itself and also be consistent with the
Zoning Ordinance. The majority of legal challenges to General Plans arise from
inconsistency issues between the two documents. When amendments or changes occur to
a city's General Plan California Government Code (Section 65860) requires a city to amend
its Zoning Ordinance "within a reasonable time"so that it is consistent with the General Plan
as adopted. Since the adoption of the General Plan in January 2017, Planning Division staff
has reviewed the Zoning Ordinance and Zoning Map to identify areas that require
amendments to be consistent with the General Plan.
Discussion
Zoning Ordinance
The adopted General Plan presents a bold new vision for the City. Chapter 3: "Land Use &
Community Character" of the General Plan establishes 13 new land use designation within
the City. These designations are grouped into three (3) categories: Neighborhoods,
Districts, and Centers. Each of the 13 land use designations include descriptions and details
for that designations "Intent and Purpose," `Physical Character," "Development Intensities,"
"Allowable Uses," "Connectivity," "General Character," and "Open Space." These
descriptions are specific in identifying land use intensities for residential densities and
commercial lot coverages (Floor Area Ratios) and provide standards for building height
limits and allowable uses. As such, staff has reviewed each land use identified in the Zoning
Staff Report
ZOA/CZ 17-105 Consistency Update: General Plan
Page 3 of 9
June 20, 2017
Ordinance and is recommending comprehensive changes to six (6) Zoning Ordinance
Chapters:
• Chapter 25.02 — Introductory Provisions
• Chapter 25.04 — Establishment of Zoning Districts
• Chapter 25.10 — Residential Districts
• Chapter 25.16 — Commercial and Industrial Districts
• Chapter 25.22 — Special Districts
• Chapter 25.28 — Overlay Districts
These Chapters represent one-third (1/3) of the Zoning Ordinance and reflect the Chapters
most impacted by the adopted General Plan. Because of the impact staff has focused on
these first six (6) Chapters to make compatible with the adopted General Plan. Minor
corrections have been made to grammatical and formatting consistency issues throughout
the Zoning Ordinance Chapters. Further minor amendments to the Zoning Ordinance may
be necessary and will be brought back to the Council later this year. Below is a description
of the amendments to each Chapter of the Zoning Ordinance.
Chapter 25.02— Introductory Provisions
This Chapter establishes the Zoning Ordinance as the comprehensive planning program
regulating land use within the City. New language is provided to the "Role of Zoning
Ordinance" and "Purpose of the Zoning Ordinance," sections to better reflect the goals and
policies contained in the General Plan. The new language added to these sections
emphasizes the "guiding principles" of the General Plan, echo language within the General
Plan, and provides a focus on walkability and connectivity throughout the City.
Chapter 25.04 — Establishment of Zoning Districts
This Chapter establishes each of the zoning districts within the City and describes how each
district corresponds and relates to land use designations contained in the General Plan.
New language is added to describe residential, commercial, industrial, special, and overlay
zoning districts. In addition, new language is added to reflect new "Downtown" land use
designations established by the One Eleven Development Code (adopted simultaneously
with the General Plan). Table 25.04-1 "Zoning Districts" contains the bulk of changes to the
Chapter. The Table has been updated to reflect the new General Plan land use
designations and to correspond each Zoning District to the land uses identified in the
General Plan. Because of changes to the General Plan, and because certain existing
Zoning Districts are outdated, staff is proposing to eliminate the "General Commercial (Cl)"
and "Study (S)" Zoning Districts. In addition, staff is proposing to eliminate the
"Medium/High Density Housing Overlay" and "Mixed Use" Overlay Zoning Districts. Details
for the elimination of the districts described above are provided in the Chapter analyses
described below.
Staff Report
ZOA/CZ 17-105 Consistency Update: General Plan
Page 4 of 9
June 20, 2017
Chapter 25,10— Residential District
The General Plan identifies five (5) specific "Neighborhood" land use designations and this
Chapter is amended to reflect language and development standards contained within those
General Plan land use designations. Descriptions of each "Residential Zoning District" are
updated to echo language contained in the General Plan regarding the district's character,
connectivity, and streetscape design. These descriptive changes ensure that language in
the Zoning Ordinance is consistent with language in the General Plan. The greatest change
to this Chapter is reflected in Table 25.10-1 "Use Matrix for Residential Districts" and Table
25.10-2 "Residential Zoning Districts Development Standards", which have been updated to
be consistent with the General Plan.
Table 25.10-1 "Use Matrix for Residential Districts" is updated to be consistent with the
General Plan and other provisions contained in the Zoning Ordinance. No major changes
are identified in the "Use Matrix."
Table 25.10-2 "Residential Zoning District Development Standards" is updated to reflect
language and density allowances identified in the General Plan. Specifically, the Table is
updated to provide additional building height in certain zones, and reduced lot width and
rear yard setbacks requirements for denser R-2 and R-3 land use designations.
Chapter 25.16— Commercial and Industrial Districts
The General Plan identifies eight (8) specific "District" and "Center" land use designations
and this Chapter is amended to reflect language and development standards contained
within those General Plan land use designations. Descriptions of each "Office,"
"Commercial," and "Industrial" Zoning District have been updated to echo language
contained in the General Plan regarding the district's character, connectivity, and
streetscape design. These descriptive changes ensure that language in the Zoning
Ordinance is consistent with language in the General Plan. However, an overhaul of the
entire Chapter is required to make it consistent with the General Plan including changes
and elimination of the following section:
• Eliminate the "General Commercial" (C-1) Zoning District
• Eliminate the "Planned Industrial" (PI) Zoning District
• Update Table 25.16-1 "Use Matrix for Commercial and Industrial District'
• Simplification of"Special Setback Requirements"
• Update Table 25.16-4 "Commercial and Industrial District Development Standards"
Eliminate General Commercial (C-1) Zoning District
Historically, the Highway 111 corridor was predominately zoned C-1 . However, with the
adoption of the General Plan and the One Eleven Development Code, the entire area has
been rezoned to "Downtown" and/or "Downtown Edge." With the rezoning, only three
properties in the City remain in the C-1 zoning district: two at the northwest corner of
Monterey Avenue and Highway 111 (former Denny's site) and, one at the southeast corner
of Cook Street and Green Way (Jensen's Minute Shoppe). The properties at the northwest
Staff Report
ZOA/CZ 17-105 Consistency Update: General Plan
Page 5 of 9
June 20, 2017
corner are identified to on the Zoning Map Amendment to be zoned Planned Regional
Commercial (PC-3) which is consistent with the rest of the properties at the Westfield Mall
site. The Jensen's Minute Shoppe site is proposed to be rezoned to Specialty Commercial
Center" (PC-1). As applied, the rezoned properties are consistent with surrounding
properties and land use designations provided in the General Plan. Planned Commercial
(PC) zoning districts are adequate to address a range of commercial centers, and because
no other properties within the City are zoned C-1, staff proposes elimination of the zoning
designation in its entirety.
Eliminate the "Planned Industrial" (PI) Zoning District
Currently, the Zoning Map does not identify a single property zoned Planned Industrial (PI).
The existing Service Industrial (SI) Zoning District is not sufficiently different in terms of
allowed land uses and development standards from the PI zone. Staff believes that the PI
zone is not necessary as a duplicate Industrial zoning district is not warranted.
Update Table 25.16-1 "Use Matrix for Commercial and Industrial District'
This Table contains the allowable land uses for each of the City's commercial and industrial
Zoning Districts. Several changes are made to reflect the language in the General Plan that
allows for a variety of mixed uses and expands certain commercial activities within those
zones. In order to be consistent with the General Plan the Table is updated to allow mixed-
use in all commercial zones subject to a Conditional Use Permit, and to permit commercial
recreational facilities and personal services within Planned Commercial zones. These types
of businesses are currently allowed in some Planned Commercial zones and allowance of
these businesses within these zones is consistent with the intent and character of the
commercial zoning districts. In addition, staff proposes that "Hotels" be permitted uses in the
Planned Regional Commercial (PC3) Zoning District. Several hotels have been approved
and are operating within these Zoning Districts and updating the table ensures existing and
future land uses are consistent with the Zoning Ordinance and Zoning Map.
Simplification of"Special Setback Requirements"
Section 25.16.050 "Development Standards" subsection A — "Special Setback
Requirements" provides for additional setback standards for commercial and industrial
development. Staff believes these setback standards are confusing to the development
community, limited in their applicability, and rigid when applied. As such, they can have a
negative impact on the quality of future commercial and mixed-use development and staff
believes that proper site planning is impeded by these standards. The Zoning Ordinance
also provides flexibility for Planned Commercial developments and properties that require
preparation of a specific plan and these standards conflict with those provisions. Staff is
confident that the existing entitlement process is adequate to address setback concerns and
that better site planning can be achieved by simplifying this section of the Ordinance.
Update Table 25.16-4 "Commercial and Industrial District Development Standards"
This Table has been updated to be consistent with the development standards and
allowances identified in the General Plan. The Table is modified to expand "coverage"
Staff Report
ZOA/CZ 17-105 Consistency Update: General Plan
Page 6 of 9
June 20, 2017
requirements and include "Floor Area Ratios" and provides a "density range" for mixed-use
developments within commercial districts. These standards were absent from the existing
Zoning Ordinance and are provided to be consistent with the General Plan. In addition,
standards for building height and maximum stories have been updated to be consistent with
the standard provided in the General Plan. Overall, the updates to the Table reflect the
standards provided in the General Plan and the updated Table makes it much clearer the
standards imposed on single-use and mixed-use buildings.
Chapter 25.22— Special Districts
This Chapter discusses three (3) land use designations within the City: "Public/Institutional
(P)," "Open Space (OS)," and "Study District (S)." Staff proposes elimination of the "Study
District (S)" discussed in the Chapter. This district was originally established to review areas
of "changing conditions" and applied where "inadequate zoning regulations exists." Staff
believes that this district is no longer needed as the General Plan update studied the
entirety of the City and has provided specific policy guidance for land uses and
development. The implication that "inadequate zoning regulations" exist conflicts with the
General Plan and there are no areas in the City that require refined study. In addition, the
"S" zoning designation is not on the existing Zoning Map. Staff believes that the Study
District is outdated and no longer necessary and therefore, is proposing that it is eliminated
from the Zoning Ordinance. In the future, any areas or portions of the City that warrant
review will follow standard Zoning Ordinance Amendment procedures identified in the
Zoning Ordinance.
Chapter 25.28 — Overlay Districts
This Chapter discusses twelve (12) overlay districts and provides additional land use
guidance and development standards for a range of specialized land uses. These Overlay
Zones apply to specific areas within the City, such as the "Freeway Commercial Overlay
Zone," the "El Paseo Overlay Zone," and the "Bermuda Dunes Airport Area." Other Overlay
Zones are much broader in their applicability and can be applied nearly anywhere in the
City, such as the "Senior Housing Overlay" and "Mixed Use Overlay." Because of the land
use designations provided for in the General Plan staff is proposing the elimination of
following two (2) Overlay Zones for consistency.
Medium/High Density Overlay District
There is no longer a need to maintain the Overlay Zone as it is much more restrictive then
the proposed land uses contained as part of this Zoning Ordinance and Zoning Map update.
This Overlay Zone was established to allow for additional density in, and around, the
"University Area" north of Frank Sinatra Drive. Much of the overlay area is now covered by
the University Neighborhood Specific Plan (UNSP). In addition, the General Plan provides
the remaining overlay areas with densities that exceed those allowed by the Overlay Zone.
As such, the provisions and additional densities allowed by the Overlay Zone are now
addressed by the adopted General Plan, are addressed in the Zoning Ordinance, and are
reflected on the Zoning Map.
Staff Report
ZOA/CZ 17-105 Consistency Update: General Plan
Page 7 of 9
June 20, 2017
Mixed-Use Overlay District
The Overlay Zone is redundant and potentially conflicts with the development standards
identified in Table 25.16-4, and should be eliminated. This district allows for commercial and
residential mixed use within the City. Essentially, the Overlay Zone is a "floating zone" that
applies to a handful of properties and can be applied to any commercially zoned property if
requested. The Overlay also allows for additional building height should the Overlay Zone
be applied to the base Zoning District. The General Plan and the proposed Zoning
Ordinance Amendment allow for mixed-use development within all commercially zoned
property and Table 25.16-4 "Commercial and Industrial District Development Standards" is
updated to reflect new mixed-use standards.
Zoning Map
The City's Zoning Map is updated to reflect Figure 3.1 "Land Use Designations" of the
General Plan. The General Plan created new land use designations and provided additional
density allowances on certain residential properties, and as such the Zoning Map has been
updated to be consistent with Figure 3.1. As provided in Figure 1.1 "Degrees of Change"of
the General Plan, much of the City's zoning designations remain the same. However,
transformational changes to the northern portion of the City and the Highway 111 corridor
were approved and the new Zoning designations are reflected on the Map.
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Staff Report
ZOA/CZ 17-105 Consistency Update: General Plan
Page 8 of 9
June 20, 2017
Major changes to the Zoning Map include:
• Changes to the existing "Residential Single-Family" (R1) zoning districts around the
"City Center" to "Mixed-Residential" (R2). This includes neighborhoods north of
Highway 111 , south of the Park View Drive, and generally between Town Center
Way and Deep Canyon Drive.
• Changes to the existing R1 neighborhood south of Candlewood Street and between
Cook Street and Portola Avenue to R2.
• The existing map provides parenthesis (x) that indicate the density permitted on
certain R2 and R3 zoned properties. These parentheses bare little relationship to the
densities allowed by the Zoning District and are therefore not consistent with the
Zoning Ordinance. The Zoning Ordinance has been updated to reflect the proper
density allowance for each zone and as such the parenthesis (x) system of zoning is
no longer required and has been removed from properties on the Zoning Map. In
addition, the language referencing the parentheses system has been removed from
the Zoning Map.
• The three (3) remaining C1 commercial properties; two at the northwest corner of
Monterey Avenue and Highway 111, and one at the southeast corner of Cook Street
and Green Way; are changed to PC3 and PC1 respectively.
• Changes to the former "Santa Rosa Golf Club" site from Open Space (OS) to
Planned Residential — 22 (PR-22). This change is consistent with the adjacent PR-
22 "Catavina" residential site and is consistent with the density range provided for
"Town Center Neighborhoods" land use designation provided in the General Plan.
• Reversion of the "Planned Commercial Development" overlay designations to
properties identified in the now expired "Wonder Palms Master Plan" to their original
zoning designations of Service Industrial (SI) and Planned Regional Commercial
(PC3).
• Updates to the density allowance on the City's 128-acre parcels south of Gerald
Ford Drive from PR-5 to PR-22 to be consistent with the "Town Center
Neighborhood" land use designation provided in the General Plan.
• Providing a "split zone" for SI zoned properties along Country Club Drive between
Harris Lane and Park Center Drive, where buildings fronting Country Club are zoned
Planned District Commercial (PC2) and buildings fronting Springfield Lane continue
to be zoned SI.
Analysis
The amendments to the City's Zoning Ordinance and Zoning Map reflect the guiding
principles, policies, and land use designations contained in the adopted General Plan.
These amendments truly execute the goals and policies of the General Plan as they relate
to land use. The changes are necessary to ensure the Zoning Ordinance is consistent with
the General Plan as required by State Law. The changes proposed as part of this Zoning
Ordinance Amendment represent a 1/3 of the total Zoning Ordinance; however, they are the
Chapters most affected by consistency issues between the General Plan and Zoning
Ordinance. Revisions to other Chapters of the Zoning Ordinance will be brought back to the
Planning Commission and City Council at a future date.
Staff Report
ZOA/CZ 17-105 Consistency Update: General Plan
Page 9 of 9
June 20, 2017
CEQA
The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the
California Environmental Quality Act (CEQA), has reviewed and considered the
amendments to the Zoning Ordinance and Zoning Map and has determined that any
environmental impacts associated with the changes have been sufficiently reviewed by the
Environmental Impact Report prepared as part of the General Plan Update.
Findings
Findings can be made in support of the project and in accordance with the City's Municipal
Code. Findings in support of this project are contained in the Planning Commission
Resolution attached to this staff report.
Submitted By:
Eric Ceja, Princip Planner
Ryan Stendell, Director of Community Development
PLANNING COMMISSION RESOLUTION NO. 2700
A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE
CITY COUNCIL OF A COMPREHENSIVE ZONING ORDINANCE
AMENDMENT TO CHAPTERS 25.02, 25.04, 25.10, 25.16, 25.22, AND 25.28 OF
THE CITY'S ZONING ORDINANCE AND APPROVAL OF CHANGES TO THE
CITY'S ZONING MAP FOR CONSISTENCY WITH THE ADOPTED GENERAL
PLAN
CASE NO: ZOA 17-105
WHEREAS, the Planning Commission of the City of R ilesert, California, did on the
20lh day of June, 2017, hold a duly noticed public hearing to consid r the request by the City
of Palm Desert for approval of the above noted; and ~ ,
WHEREAS, the changes to the City's Zoning Ordinance and Zoning Map are
consistent with the adopted General Plan which established new land use designation and
proposed development standards for zoning districts within the City; and
WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the
facts and any testimony given adopts the following as its Findings in recommended
approval of the Zoning Ordinance Amendment and Changes to the City's Zoning Map to the
City Council:
SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby
finds that:
A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly
organized under the constitution and laws of the State of California.
B T� anning and Zoning Law authorizes cities to establish zoning ordinances
yi g maps to address land use designations and property regulations for
development.
C. The Planning and Zoning Laws require cities to make General Plan and Zoning
standards consistent in order to remove ambiguity and conflicting policies and
that the proposed,;amendments to the Zoning Ordinance and Zoning Map bring
the documents ina°conformity with the adopted General Plan.
SECTION 2. Zoning Ordinance Amendment. The Planning Commission of the City
of Palm Desert recommends that the City Council of the City of Palm Desert, California,
approve and adopt the Municipal Code amendments to Section 25.02, 25.04, 25.10, 25.16,
25.22, and 25.28 as shown in Exhibits "A - F" which is attached hereto and incorporated
herewith.
SECTION 3. Zoning Map Amendment. The Planning Commission of the City of
Palm Desert recommends that the City Council of the City of Palm Desert, California
approve and adopt the changes to the City's Zoning Map which update land use
PLANNING COMMISSION ._ SOLUTION NO. 2700
designations to certain properties to make them consistent with land use designations
approved in the General Plan which is attached hereto and incorporated herewith.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this resolution or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this ordinance or any
part thereof. The Planning Commission hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof
irrespective of the fact that any one (1) or more subsections,,, s#bdivisions, paragraphs,
sentences, clauses, or phrases be declared unconstitutional, ors .' lid, or ineffective.
SECTION 5. California Environmental Qua1�1 s �fFinding. The Planning
Commission of the City of Palm Desert finds the changes to th fining Ordinance and
Zoning Map have been reviewed and considered�>•and it hasetermined that any
environmental impacts associated with the changeg- ave been sufficien reviewed by the
Environmental Impact Report prepared as part.,dV tre General Plan Update
PASSED, APPROVED, AND ADOPTEDythe P.I�r Haig Commission of the City of
Palm Desert, California, at its regular meeting held on. u My a of June, 2017 by the following
vote, to wit: `ter
}r
h_
AYES:
NOES:
ABSENT:
ABSTAIN:
NANCY DELUNA, CHAIRPERSON
ATTE
RYAN STENDE _ G -= ARY
PALM DESERT P COMMISSION
2
EXHIBIT A
PLANNING COMMISSION RESOLUTION NO.
Exhibit A
Chapter 25.02 — Introductory Provisions
Sections in This Chapter
25.02.010 Title and Purpose..................................................................................02-1
25.02.030 Scope, Interpretation, and Application...................................................02-2
25.02.040 Administrative Responsibility.................................................................02-3
25.02.050 Rules and Interpretation........................................................................02-5
25.02.010 Title and Purpose
A. Title. This title shall be known as the Zoning Ordinance of the City.
B. Relation to the General Plan. The City Council has instituted a comprehensive
planning program in order to ensure that the anticipated growth within the City is
organized, planned, and coordinated in a manner that will not place undue burdens on
the City in its ability to provide urban services and facilities. This planning program has
culminated in the preparation and adoption of a comprehensive General Plan.
C. Role of Zoning Ordinance. Chapter 12 'Work Plan" of the General Plan recommends
implementation strategies to accomplish the goals and objectives found within that
document. In order to accomplish said goals and objectives the orderly development of
the City, and the elimination of haphazard land development, is required. Among the
methods noted is a regulatory Zoning Ordinance to govem the uses of land and the
density and intensity of development.
D. Purpose of Zoning Ordinance. The zoning regulations of the City are adopted to
protect, promote, and enhance the public health, safety, and general welfare, ensuring
that development within the City is related to the City's ability to provide essential urban
services and is consistent with the Palm Desert General Plan. More specifically, these
regulations are adopted to achieve the guiding principals identified in the General Plan
and include the following objectives:
1. Relate proposals for development to the provisions and recommendations of the
City's General Plan and ensure development is consistent with the guiding
principals of the General Plan. To meet the guiding principals development
proposals will be reviewed for their focus on: human-scale design, liveliness of
centers, complete streets, accessibility and connectivity, and quality of open
spaces.
2. Foster a harmonious, convenient, workable and connected relationship among
land uses.
3. Ensure that public and private lands ultimately are used for the purposes which
are most appropriate and most beneficial to the City as a whole.
4. Provide population densities that support and encourage pedestrian activities
such as walking and bicycling; that are connected to, and in proximity of, civic
02-11 Chapter 25. 02 Introductory Provisions
and education uses, open spaces, and commercial and employement
opportunities.
5. Foster an environment that ensures pedestrian amenities connect the
community, are designed to accommodate pedestrians and bicyclist, and that are
convieniently located for the highest impact.
6. Forecast and plan for the City's ability to provide community facilities, utilities,
and services.
7. Ensure adequate consideration for urban design in the development process so
that new development enhances the City as it matures.
8. Provide provisions for adequate bicycle parking, off-street parking, shared
parking facilties, and off-street truck loading facilities.
9. Promote preservation of natural environmental features in the development and
use of land within the City.
10. Develop land use regulations that will encourage infill development and
redevelopment of existing sections of the City and provide for innovative
development in undeveloped areas.
25.02.030 Scope, Interpretation, and Application
A. Scope of Regulations. This title is adopted to implement the stated vision and
objectives of the General Plan of the City. To accomplish these objectives the City shall
regulate the use, location, area, and dimension of sites for development: the massing
and height of structures, the architectural quality and appearance of buildings, uses,
structures, connectivity, signs, open space, landscaping, access and egress, off-street
parking, and other such aspects of land use which may be deemed necessary for the
public peace, health, safety, and general welfare of the people working and living within
the City.
B. Authority for Regulations. The authority for the regulations contained within this title is
based on Section 7, Article XI of the California Constitution; the provisions of the
California Planning and Zoning Law which provide for the regulation of the intensity of
land uses, and the adoption of standards for the regulation of population density; and the
police power granted to municipalities by the laws of the State.
C. Applicability and Conformity. The provisions of this title are not intended to revoke any
easements, codes, covenants, and restrictions or other existing agreements which are
more restrictive than the provisions of this title. Unless otherwise specified, existing
development is not required to comply with new regulations. Any use or development
made nonconforming by new regulations is subject to the requirements of Chapter 25.62
(Nonconforming Provisions).
D. Relation to Less Restrictive Regulations. Whenever the provisions of this title impose
more restrictive regulations upon buildings or structures and the use of them or the use
of lands or premises and require larger open spaces or yards or setbacks than are
Chapter 25 . 02 Introductory Provisions 02-21 =
PLANNING COMMISSION RESOLUTION NO.
imposed by other ordinances, the provisions of this title or the rules or regulations
included within this title shall govern.
E. Effective in Incorporated City. The provisions of this title are declared to be in effect
upon all land within the incorporated jurisdiction of the City as exists or is hereafter
changed by annexation.
F. Relationship to Prior Ordinances. Any building for which a building permit has been
issued and is valid under the provisions of earlier ordinances of the City which are in
conflict with this title may be continued and completed in accordance with the plans and
specifications upon which the permit was issued.
G. Continuity. Notwithstanding the provisions of this chapter or any other provisions of this
title, no new or additional variance, conditional use permit, or license shall be required
for any land use heretofore authorized by the City or the County by a variance,
conditional use permit, building permit, license, or tentative or final tract map, provided
there has been substantial reliance upon the governmental entitlement mentioned in this
chapter and, provided further, that conditions thereof are complied with and that
substantial construction has begun on a portion of the project.
H. Procedure Regarding Pending Action. The repeal or substitution of any ordinance
shall not affect any prosecution which may be pending in any court for the violation of
any provision of the ordinance at time of the repeal or substitution.
I. Violation of Previous Ordinances. The substitution or repeal of any ordinance is not
deemed to ratify or legalize any violation of any provision of such ordinance nor to affect
the prosecution or punishment of any person, firm, or corporation for any act done or
committed in violation of any provision of the ordinance prior to the taking effect of this
title.
J. Conviction of Crimes Continued. Any ordinance to be repealed or substituted by this
title is deemed to continue and be in full force and effect for the purpose of prosecuting
and meeting punishment for any violation presently pending in any court.
25.02.040 Administrative Responsibility
California Government Code Section 65100 requires each jurisdiction to establish a planning
agency to carry out the land use and planning functions of the jurisdiction. The functions of the
planning agency, as designated by the title, shall be carried out by the following bodies. In the
absence of an assignment, the City Council shall retain responsibility and authority as the
legislative body of the City.
A. Zoning Administrator. The Zoning Administrator shall be appointed by the Director of
Community Development and shall have discretionary review authority over permits and
entitlements as specified in the ordinance, such as large family day care use permits,
adjustments, and administrative use permits.
B. Director of Community Development. The Director, or designee, shall have the
responsibility and authority to administer and enforce this title as follows:
02-31 Chapter 25. 02 Introductory Provisions
1. Application Process. Receive and review all applications for development
pursuant to this title. Processing includes but is not limited to the certification of
completed applications, the establishment of a permanent file, posting of public
notices, collection of applicable fees, preparation of reports, processing of
appeals, and presentation of staff reports to the Architectural Review
Commission, Planning Commission, and City Council.
2. Interpretation. Interpret the provisions and advise the public on the requirements
of this title.
3. Amendment. Initiate action for amendment of this title where it is determined that
such amendment would better implement the General Plan goals and objectives
and increase its effectiveness and/or improve or clarify the contents of this title.
4. Permit issuance. Issue administrative permits, including certifications of use and
occupancy, temporary use permits, home-based business permits and other
designated permits under this title and certify that all such permits are in full
conformance with its requirements.
5. Coordination. Refer and coordinate matters related to the administration of this
title with other agencies and City departments and provide information on the
status of all development permits.
6. Authority. Serve as the administrative zoning body and exercise that authority set
forth in California Govemment Code Section 65900 et seq.
C. City Manager. The City Manager or designee shall oversee the work of the Director and
shall exercise such other powers and duties as are prescribed by state law or local
ordinance, or as directed by the City Council.
D. Architectural Review Commission. The City has established the Architectural Review
Commission to serve as a decision-making and advisory body with the following land
use responsibilities:
1. Hear and decide applications for entitlements as provided in this ordinance, such
as architecture and landscape design review, color changes, sign permits, and
comprehensive sign programs.
2. Hear appeals of the decision of the Zoning Administrator for design review and
signs.
3. Hear and make recommendations to the Planning Commission on applications
for precise plans, certain specific plans, certain variances, and new homes for
tentative tract map applications.
E. Planning Commission. Pursuant to California Government Code Section 65101, the
City of Palm Desert has an established Planning Commission. The Planning
Commission shall have the following land use responsibilities:
Chapter 25. 02 introductory Provisions 02-41 .=
PLANNING COMMISSION RESOLUTION NO.
1. Hear and decide applications for eCara�ct
as provided in this ordinance such
as use determinations, precise plditional use permits, condominium
conversion permits, tentative parce maps, and variances.
2. Hear appeals of the decisions of the Zoning Administrator.
3. Initiate studies of amendments to this title and make recommendations to the
City Council for amendments as provided in this ordinance and in California
Govemment Code Section 65853.
4. Hear and make recommendations to the City Council on applications for specific
plans, zoning amendments (ordinance and map), the General Plan and
amendments thereto, prezonings, hillside development plans, and other related
planning studies.
5. Exercise such other powers and duties as are prescribed by state law or local
ordinance, or as directed by the City Council.
F. City Council. The City Council is the legislative body of the City and shall have the
following land use responsibilities:
1. Hear and decide all appeals.
2. Hear and decide applications for permits and entitlements as identified in this
ordinance, such as specific plans, zoning amendments (ordinance and map),
General Plan updates and amendments, prezonings, hillside development plans,
and development agreements.
3. Direct planning-related policy amendments and special studies as necessary or
desired.
4. Exercise such other powers and duties as are prescribed by state law or local
ordinance.
25.02.050 Rules and Interpretation
The Director of Community Development shall have the authority and responsibility to interpret
terms, provisions, and requirements of this code in accordance with the rules listed below.
A. Abbreviations. The following phrases, personnel, and document titles are shortened in
this code:
1. City of Palm Desert = City
2. Director of Community Development = Director
3. Zoning Administrator = ZA
4. Architectural Review Commission = ARC
5. Planning Commission = Commission
02-51 =' Chapter 25. 02 Introductory Provisions
6. City Council = Council
7. Community Development Department = Department
B. Terminology. The following rules apply to all provisions in this code:
1. Language. The words "shall," "will," "is to," and "are to" and similar words and
phrases are always mandatory. "Should" is not mandatory but is strongly
recommended, and "may" is permissive.
2. Tense and number. The present tense includes the past and future tense, and
the future tense includes the present. The singular number includes the plural,
and plural numbers include the singular unless the natural construction of the
word indicates otherwise.
3. Conjunctions. "And" indicates that all connected items or provisions shall apply.
"Or" indicates that the connected items or provisions may apply singly or in any
combination. "Either...or" indicates that the connected items and provisions shall
apply singly but not in combination. "Includes" and "including" shall mean
"including but not limited to."
4. Number of days. Whenever a number of days are specified in this code, or in any
entitlement, condition of approval or notice issued or given as provided in this
code, the number of days shall be construed as calendar days, unless business
days are specified. Time limits will extend to the following business day when the
last of the specified number of days falls on a day that the City is not open for
business.
C. Minimum Requirements. All provisions of this code are considered to be minimum
requirements, unless specifically stated otherwise.
D. Calculations — Rounding. Where any provision of this code requires calculation to
determine applicable requirements, any fractional/decimal results of the calculation shall
be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is
rounded down).
E. Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a use
or other item is not listed, it is not permitted unless the use is determined to be similar to
a listed use or use category.
F. Zone Boundaries. Where uncertainty exists as to the boundaries of any districts shown
on the official zoning map, the rules established under section 25.04.030 (Zoning Map)
apply.
G. Consistency of Text and Diagrams. Diagrams are provided within this code to
illustrate the requirements of the zoning code's text. In the event of conflict between the
text of this code and provided diagrams, the text shall determine the City's regulations.
H. Conflicts with other Regulations. Wherever conflict occurs between the provisions of
this title and any other provision of law, the more restrictive of any such provisions shall
apply.
Chapter 25 . 02 Introductory Provisions 02-61 Pac, .:>
EXHIBIT B
PLANNING COMMISSION RESOLUTION NO.
Exhibit B
Chapter 25.04 — Establishment of Zoning Districts
Sections in This Chapter
25.04.010 Purpose.................................................................................................04-1
25.04.020 Zoning Districts......................................................................................04-1
25.04.030 Zoning Map ...........................................................................................04-3
25.04.010 Purpose
This chapter establishes the framework for zoning districts within the city and their relationship
to the City's General Plan land use categories. This chapter also establishes the zoning map as
the official designation of zoning district boundaries.
25.04.020 Zoning Districts
The City is divided into zoning districts that are generally grouped into six categories: (A)
residential districts, (B) commercial districts, (C) industrial districts, (D) downtown districts, (E)
special districts, and (F) overlay districts. These districts implement the City's General Plan land
use categories as described in Table 25.04-1 (Zoning Districts). Each zone is further defined
and regulated in the subsequent sections of this chapter.
A. Residential Districts. Residential districts provide appropriately located areas for
residential living at a range of population densities consistent with the General Plan.
Development standards are in place to provide residential areas with sound standards of
public health and safety, and provide space for semipublic facilities needed to
complement urban residential areas, and for institutions that require a residential
environment.
B. Commercial Districts. Commercial districts provide appropriately located areas for
retail stores, offices, service establishments, amusement establishments, and
businesses, offering commodities and services required by residents and visitors of the
City and the surrounding market area. Development standards for specific land uses are
in place to ensure that these areas function appropriately and are compatible with
surrounding land uses.
C. Industrial Districts. The industrial districts allow for the manufacture, distribution, and
service of products intended primarily for local use within Palm Desert, its sphere of
influence, and surrounding communities. Land uses permitted in industrial districts also
include research and development facilities and high-caliber technological centers.
Development standards are included to ensure that industrial uses do not conflict with
the overall character of a community and are compatible with surrounding uses.
D. Special Districts. Special districts allow for the protection of open space and the
establishment or expansion of public facilities or change in the use of lands owned,
leased, or otherwise controlled by governmental agencies. Certain special districts also
allow for the establishment of quasi-public institutional uses, and the reservation of areas
04-11 P age Chapter 25 . 04 Estabfishmenr of Zoning Districts
for parks, public or private recreation, open space, and related governmental public
uses.
E. Downtown Districts. The downtown district is intended for the development of high
intensity multi-story (3-5 stories) mixed-use development centered around the
intersection of San Pablo Avenue and Highway 111, inclusive of El Paseo, and
expanding east to west from Deep Canyon Road to Monterey Avenue. Development
standards are included to allow building types that facilitate the creation of a sense of
place, provide for high levels of pedestrian connections and interaction, and emphasize
small block sizes and building form.
F. Overlay Districts. The purpose of the overlay districts is to allow the City to adequately
provide for special environmental constraints and to provide additional flexibility of
development standards for desired development within the City. Furthermore, overlay
districts are utilized:
1. To allow more flexibility from the standard provisions of the underlying base
zone.
2. When special provisions are needed to protect unique site features or implement
location-specific provisions.
3. To specify a particular standard or guideline for an area.
In the event of a conflict between an overlay district and any base zoning district
(residential, commercial, industrial, or special district) the provisions of the overlay
district apply.
Table 25.04-1: Zoning Districts
Symbol Zoning District Name/Description General Plan Land Use Designation
Implemented by Zoning District
Residential Zoning Districts
RE Estate Residential Rural Neighborhood
R-1 M Single-Family/Mobile Home Residential Conventional Suburban Neighborhood, Small
Town Neighborhood
R-1 Single-Family Residential Conventional Suburban Neighborhood
R-2 Mixed Residential Small Town Neighborhood
R-3 Multi-Family Residential Small Town Neighborhood, Town Center
Neighborhood
HPR Hillside Planned Residential Rural Neighborhood
PR Planned Residential Town Center Neighborhood, Resort and
Entertainment
Commercial Districts
OP Office Professional District Employment
PC Planned Commercial Districts Varies
PC-1 Specialty Commercial Center Neighborhood Center
Chapter 25. 04 Establish rnent of Zonig Districts 04-21 Page
PLANNING COMMISSION RESOLUTION NO.
Symbol Zoning District Name/Description General Plan Land Use Designation
Implemented by Zoning District
PC-2 District Commercial Center Suburban Retail Center
PC-3 Regional Center Regional Retail
PC-4 Resort Center Resort and Entertainment
Industrial Districts
SI Service Industrial District Employment, Industrial
Downtown
D Downtown Downtown
DE Downtown Edge Downtown
Special Districts
P Public/Institutional District Public Facility/Institution
OS Open Space District Open Space(OS)
Overlay Districts
DO Downtown Core Overlay Downtown
DEO Downtown Edge Transition Overlay Downtown
SO Senior Housing Overlay Varies
MU Mixed Use Overlay Varies
EP El Paseo Pedestrian Commercial Overlay Downtown
SP Scenic Preservation Overlay Varies
D Drainageway, Floodplain,Watercourse Overlay Open Space
N Natural Features/Restricted Development Overlay Varies
FCOZ Freeway Commercial Overlay Zone Varies—1-10 Intersections
BDAA Bermuda Dunes Airport Area Washington Street area—See map on file
25.04.030 Zoning Map
The City of Palm Desert Zoning Map (hereafter referred to as the Zoning Map) is the official
designation of zoning district boundaries on real property within the City. The Zoning Map shall
be regulated as set forth below.
A. Incorporated by Reference. The Zoning Map is hereby incorporated into this zoning
code by reference as though it were fully included and as adopted by the City Council.
B. Map Amendments. Amendments to the Zoning Map shall follow the process
established in Section 25.78.040 (Amendments —Zoning Map).
C. Relationship to General Plan and other Plans. The Zoning Map shall implement and
shall be consistent with the City's adopted General Plan. The Zoning Map shall be
specifically consistent with the General Plan land use plan and any adopted specific
plans.
D. Zoning District Symbol. Zoning districts shall be illustrated on the Zoning Map as
follows:
04-31Page Chapter 25 . 04 Establishment of Zoning Districts
1. Each residential, commercial, industrial, downtown, or special zoning district shall
be described on the Zoning Map by use of its identified zoning district symbol, as
listed in Table 25.04-1 (Zoning Districts).
2. Overlay districts shall be designated by their representative symbol along with
any related residential, commercial, industrial, downtown, or special base zoning
district in a format determined by the ZA.
E. Zoning Map Interpretation. If there is uncertainty about the location of any zoning
district boundary shown on the Zoning Map, the precise location of the boundary shall be
determined by the Zoning Administrator as follows:
1. The boundaries of a zoning district shall be the centerlines of either streets or
alleys, or lot lines of real property, unless otherwise shown. Where a district's
boundaries approximately follow centerlines or lot lines, those lines shall be
interpreted as the district boundaries.
2. If a district boundary divides a parcel and the boundary line location is not
specified by distances printed on the Zoning Map, the location of the boundary
shall be determined by the ZA. Each portion of the property shall be developed to
the standards and allowed use provisions of the applied zoning district and any
applied overlay or special zone(s).
3. Where the street layout on the ground or the lot lines differ from such layout or
lines shown on the zoning map, the ZA shall determine the exact boundary and
the map shall be amended to conform to the layout on the ground.
4. Where a public street or alley is officially vacated or abandoned, the property that
was formerly in the street or alley shall be included within the zoning district of
the adjoining property on either side of the centerline of the vacated or
abandoned street or alley.
Chapter 25. 04 Establishment of Zonig Districts 04-41 Page
PLANNING COMMISSION RESOLUTION NO.
Exhibit C
Chapter 25.10 — Residential Districts
Sections in This Chapter
25.10.010 Purpose ................................................................................................10-1
25.10.020 Characteristics of the Residential Districts ...........................................10-1
25.10.030 Allowed Land Uses and Permits Required ...........................................10-2
25.10.040 Specific Use Standards.........................................................................10-4
25.10.050 Development Standards........................................................................10-7
25.10.010 Purpose
The purpose of this chapter is to establish residential zoning districts in the City, along with
allowed use and development standards applicable to those districts. These districts are
consistent with and implement the City's General Plan neighborhood land use categories as
indicated in Table 25.04-1 (Zoning Districts).
25.10.020 Characteristics of the Residential Districts
The following descriptions of each residential district identify the characteristic uses, density,
intensity of uses and the types of development intended for that district.
A. Estate Residential District (RE). The district is intended to provide low intensity and
neighborhood development (0.5 - 1.0 du/ac) and generally is characterized by limited
development on large properties and preservation of natural features and open space.
B. Single Family / Mobile Home Residential District (R-1 M). This district provides for
the permanent placement and occupancy of single family dwelling units, factory built or
manfucatored dwelling units and mobile homes for residential purposes on purchased,
rented or leased lots. The district is characterized as having moderated density (4.0 —
7.0 du/ac)focused around community space and amenities with walkable streetscapes.
C. Single Family Residential District (R-1). The intent of this district is to encourage the
preservation and development of traditional residential neighborhoods. The district
provides for low intensity development (2.0 — 8.0 du/ac) generally characterized by
single-family homes on medium-sized lots and limited or dwelling units
organized around formal and walkable streetscapes.
D. Mixed Residential District (R-2). The intent of this district is to provide moderate
intensity and density (3.0 — 10.0 du/ac) for neighborhood development. Neighborhoods
are characterized by a variety of housing choices and mixed-uses. Buildings are
organized around formal and walkable streetscapes with high levels of pedestrian
connectivity.
E. Multifamily Residential District (R-3). The intent of this district is to provide suitable
areas for moderate to higher intensity and density (7.0 — 40.0 du/ac) for residential
development and small scale commercial activity.The zoning district is characterized by
higher density residential development and mixed-uses in proximity to retail and
10-11 � Chapter 25. 10 Resfdentia / Districts
commercial services. Buildings are organized around formal streetscapes with a variety
of plazas and other pedestrian amenites and open spaces that are highly connected to
surrounding development.
F. Hillside Planned Residential District (HPR). The purpose of the hillside planned
residential district is to provide for the lowest intensity (0.2 du/ac) of residential
development by minimizing the grading of hillside areas and to preserve the natural
contours of the land by avoiding extensive cut and fill of slopes that result in a padding or
staircase effect within the development. This district is characterized by the preservation
of natural features and protected viewsheds, architecture and landscape design that
blends with the natural terrain, and informal and natural streetscapes that follow the
topography of the land.
G. Planned Residential District (PR). The purpose of this district is to provide for
flexibility in residential development, by encouraging creative and imaginative design,
and the development of parcels of land as coordinated projects involving a mixture of
residential densities (4.0 — 40.0 du/ac), mixed housing types, and community facilities.
The district is charactersized as providing for the optimum integration of urban and
natural amenities within developments and is organized around formal, walkable, and
highly connected streetscapes.
25.10.030 Allowed Land Uses and Permit Requirements
Table 25.10-1 "Use Matrix for Residential Districts" below identifies land uses and
corresponding permit requirements for residential districts and all other provisions of this Title.
Descriptions/definitions of the land uses can be found in Chapter 25.99 "Definitions". The
Special Use Provisions column in the table identifies the specific chapter or section where
additional regulations for that use type are located within this Title.
Use regulations in the table are shown with a representative symbol by use classification listing:
"P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an
administrative use permit, "L" symbolizes uses that require approval of a large family day care
use permit, "C" symbolizes uses that require approval of a conditional use permit, and "N"
symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the
Commission may make a use determination as outlined in Section 25.72.020 (Use
Determinations).
Table 25.10-1: Use Matrix for Residential Districts
Residential Zoning District
(P=Permitted; A=Administrative Use Permit; L=Large Special Use
Family Day Care Use Permit; C=Conditional Use Provisions
Permit;N=Not Permitted
RE R-1 R-2 R-3 R-1M ' HPR PR
Residential Uses
Assisted Living N C C C N N C
Condominium N N C C N N C
Dwelling, duplex N N P P N N N
Dwelling, multifamily N N P P N N N 25.10.040.A
Chapter 25. 10 Residentiai Districts 10-2 1 Page
PLANNING COMMISSION KESOLUTION NO.
Residential Zoning District
(P=Permitted; A=Administrative Use Permit; L--Large Special Use
Family Day Care Use Permit; C=Conditional Use Provisions
Permit;N=Not Permitted
RE R-1 R-2 R-3 R-1M HPR PR
Dwelling, second P P P P N P P 25.34.030
Dwelling, single-family P P P N N P P
Farmworker housing N N N N N N N
Group home P P P N N P N 25.10.040.E
Guest dwelling P P P N N P P
Home-based business P P P P P P P
Manufactured home parks N N N N C N N
Planned unit development, N N C C N C C 25.10.040.0
residential
Transitional and supportive housing see footnote 1
Agriculture-Related Uses
Apiary P P P N N P P
Botanical conservatory A N N N N N N
Crops and horticulture, limited A N N N N N N
Domestic animals P P P P P P P
Garden, private P P P P P P P
Greenhouse, commercial C N N N N N N
Greenhouse, private P P P A A P P
Horticulture, private P P P P P P P
Kennel C N N N N N C 25.10.040.D
Livestock raising, noncommercial C N N N N N N
Nursery C N N N N N N
Orchard A N N N N N N
Stable, boarding A N N N N N N 25.10.040.E
Stable, private A N N N N N N 25.10.040.E
Recreation,Resource Preservation,Open Space,and Public Assembly Uses
Cemetery N N N N N N C
Community facility N N N N N N C
Club, private N N C C N N C
Crematory N N N N N N N
Day care, large family L L L L L L L 25.10.040.E
Day care, small family P P P P P P P
Institution, educationa12 C C C C C N C
Institution, 9eneraI2 N N N C N N C
10-31Page Chapter 25. 10 Residential Districts
Residential Zoning District
(P=Permitted; A=Administrative Use Permit; L=Large Special Use
Family Day Care Use Permit; C=Conditional Use Provisions
Permit;N=Not Permitted
RE R-1 R-2 R-3 R-11V! HPR PR
Institution, religious C C C C N N C
Public park P P P P P P P
Recreational use, commercial N N N N N N C 25.10.040.G
Recreational vehicle park N N N N C N C
Recreation facility, commercial N N N N N N N
Recreation facility, incidental C C C C C N C 25.10.040.1-1
Recreation facility, private P N N P P N P
Recreation facility, public C C C C C N C
Utility,Transportation, Public Facility, and Communication Uses
Electric substation N N N N N N N
Fire station C C C C N N C
Public service facility C C C C C N N
Public utility C C C C C N N
Utility facility N N N N N N C
Retail, Service, and Office Uses
Bed and breakfast C N N C N N N
Commercial parking lot N C N C N N N 25.10.040.1
Condominium hotel, converted N N C C N N C
Hospital N N C C N N C
Hotel N N N C N N J$ 25.10.040.J
Neighborhood government office N N C C N N N 25.10.040.K
Office parking lot N C C C N N N 25.10.040.1-
Professional office N N C C N N N 25.10.040A
Resort hotel N N N C N N C 25.10.040.J
Timeshares N N N N N N C
Temporary Uses
See Section 25.34.080
Footnotes:
1. Transitional and supportive housing shall be subject to only those restrictions that apply to other residential uses of the same type
in the same zone.
2. Trade schools are not permitted
25.10.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.10-1 (Use Matrix for
Residential Districts):
Chapter 25 . 10 Residential Districts 10-4 1 Page
PLANNING COMMISSION mESOLUTION NO.
A. Multifamily. Multifamily dwelling units are permitted within the R-2 district up to a
maximum of 10 dwelling units per acre, or as indicated on the zoning map. Multifamily
dwelling units are permitted within the R-3 district up to a maximum of 40 dwelling units
per acre, or as indicated on the zoning map. C � U Y ��� -7- ko
B. Group Home. When permitted according to Table 25.10-1 (Use Matrix for Residential
Districts), group homes are limited to six or fewer residents.
C. Planned Residential. Cluster development and/or condominiums are permitted as part
of a planned development.
D. Kennel. Excluding domestic pets, all boarding for animals or fowl must be at least 100
feet away from any neighboring residential home.
E. Stables. The stabling of horses (or mules) is permitted with an administrative use permit
in the residential estate district subject to the following provisions:
1. Two standard horses (or mules) over 14.2 hands, 58 inches shall be permitted on
a lot of 40,000 square feet minimum area with a total number of horses all sizes
not exceeding three. (This would allow one additional pony or the temporary
keeping of one foal)
2. Horses must be kept within a corral and/or enclosed stable of the following
minimum dimensions:
i. Corral. 288 square feet per horse; minimum dimensions of 12 by 24 feet,
and one-third shaded.
ii. Stable. 144 square feet, minimum dimension 12 feet by 12 feet per horse.
Stable shall be ventilated for the desert environment.
iii. Construction. Corrals and stables shall be constructed of material and in
such a manner to adequately contain the horses.
3. Barns, corrals or stables constructed to maintain horses shall be located not less
than 35 feet from any residence or habitable structure on the same lot and not
less than 50 feet from any residence or habitable structure on adjacent lots.
Barns, corrals, or stables may be located within 50 feet of a front property line if
the finding can be made that the design and appearance of such structures are
compatible with surrounding properties. No horses shall be permitted within 100
feet of an adjacent property not zoned RE (i.e., R1, O.P., PR).
4. Animal manure shall be stored in appropriate receptacles and properly disposed
of not less than once per week.
5. Barns, corrals, or stables shall be cleaned and maintained such that dust, flies,
and odors shall not create a nuisance for adjacent properties and not less than
once per day.
10-51 Chapter 25. 10 Residential Districts
F. Large Family Day Care. Large family day care facilities require the issuance of a large
family day care use permit in accordance with Section 25.64.020. and are permitted
subject to the following requirements:
1. Space and concentration. Properties proposed for use as large family day care
homes shall be located no closer than 300 feet in all directions from another
large family day care home. An adjustment may be granted according to Chapter
25.64.030 (Adjustments) of this ordinance to reduce this distance to no more
than 100 feet.
2. Traffic control. A traffic circulation plan shall be designed to diminish traffic safety
problems. Residences located on major arterial streets (as shown on the General
Plan circulation map) must provide a drop-off/pick-up area designed to prevent
vehicles from backing onto the arterial roadway. The applicant may be required
to submit a plan of staggered drop-off and pick-up time ranges to reduce
congestion in neighborhoods already identified as having traffic congestion
problems.
3. Parking. All homes used for large family day care facilities shall provide at least
three automobile parking spaces, no more than one of which may be provided in
a garage or carport. Parking may be on-street if contiguous to property. These
may include spaces already provided to fulfill residential parking requirements.
4. Noise control. Operation of the facility shall comply with all provisions of Chapter
9.24 (Noise Control) of the Palm Desert Municipal Code. Additional conditions
may be placed on use permits to reduce noise impact if ongoing problems exist.
5. Signage. No signs or other exterior markings identifying a large family day care
operation shall be allowed on the applicant's home.
6. Residency. The applicant must be a primary resident of the home that is
proposed as a large family day care home.
7. Contact Person. The current name(s) and telephone number(s) of the applicant,
and all other operators if different from the applicant, of the family day care home
shall be on file with the City at all times.
8. State Licensing. All appropriate licensing from the California Department of
Social Services shall be obtained prior to commencing operation of any large
family day care home in the City.
9. Building and Fire Code Compliance. Consistent with Section 1597.46 of the
Health and Safety Code, the proposed large family day care home must comply
with all building and fire code provisions applicable to single-family residences,
and with such additional standards as the State Fire Marshal, from time to time,
adopts pursuant to Section 1597.46(d) of the Health and Safety Code to promote
the fire and life safety of children in large family day care homes. (See Title 22 of
the California Code of Regulations.)
10. Smoking Restricted. Consistent with Section 1596.795 of the Health and Safety
Code, smoking of tobacco and other substances—whether in pipe, cigar, or
Chapter 25 10 Residentlai Districts 10-6 1
PLANNING COMMISSION KESOLUTION NO.
cigarette form—shall not be allowed in the applicant's home during its hours of
operation as a large family day care home with respect to those areas of the
home where children are present.
11. Proof of Control. No use permit shall be issued unless the applicant can
demonstrate legal authority and control over the real property proposed to be
used as a large family day care home.
G. Recreational Use, commercial. Commercial recreation uses are limited to the PR zone
only with the issuance of a conditional use permit when not directly related to a permitted
residential development.
H. Recreation Facility, incidental. Limited commercial uses are authorized as part of this
use classification which are commonly associated with and directly related to the primary
use.
I. Commercial Parking Lot. Parking lots that service commercial establishments are
permitted within 300 feet of the related commercial establishment.
J. Hotel and Resort Hotel. In the R-3 zoning district, these uses are permitted up to a
maximum of 40 units per gross acre with the issuance of a conditional use permit. In the
PR zoning district, the maximum density shall be approved by the Commission or
Council.
K. Government Office Building. Small neighborhood government office buildings are
permitted up to 5,000 square feet in size.
L. Office Parking Lot. Parking lots that serve office developments are permitted when
located directly adjacent to the office professional zone and consistent with
recommendations of the General Plan.
M. Professional Office within Residential District. These uses are permitted with the
issuance of a conditional use permit, provided property to be developed is abutting or
across the street, or across an alley from commercially zoned property. Residential
development standards are to be used to ensure compatibility.
25.10.050 Development Standards
The development standards on Table 25.10-3 (Residential Zoning District Development
Standards) are applicable to the residential zoning districts. These standards, along with other
development standards (e.g., landscaping requirements, signs, and parking standards) in this
title, are intended to assist property owners and project designers in understanding the City's
minimum requirements and expectations for high-quality development.
A. Hillside Planned Residential Development Standards. The following standards must
be met prior to the approval of a hillside development plan as described in Section
25.78.020:
1. Density. Each lot shall be limited to a maximum of one unit per five acres. All lots
will be entitled to at least one unit.
.. . .. . _ .........
10-71 a Chapter 25. 10 Residential Districts
2. Grading. Location of building pads and access roads shall be evaluated,
approved, or adjusted based on consistency with the following:
i. Preserved natural contours of the land to avoid extensive cut and fill
slopes to reduce the need for a staircase effect within developments.
ii. Architecture and landscape design which blends with the natural terrain to
the greatest practical extent.
iii. Retention and protection of undisturbed viewsheds, natural landmarks,
and features including vistas and the natural skyline as integral elements.
iv. Building Pad Area. The maximum area permanently disturbed by grading
shall not exceed 10,000 square feet.
v. Access Road or Driveway. Maximum permanent grading disturbance of
natural terrain for development of access to the approved building pad
shall be 3,000 square feet. Roads shall be located and designed to blend
with the natural terrain to the greatest practical extent consistent with the
grading provisions listed in paragraph 2 above.
vi. Renaturalization. All cuts, fills, or other areas temporarily disturbed by
grading shall be re-naturalized, colored, and landscaped to blend with the
adjacent undisturbed natural terrain to the satisfaction of the City council.
3. Maximum Dwelling Unit Size. Total dwelling unit, garage and accessory building
size on any one lot shall not exceed 4,000 square feet.
4. Exception. The standards of subsections A.1 through A.3 of this section shall be
required unless modified by one of the following:
i. Precise Plan. The Commission and Council may approve a precise plan
of design through public hearing process that modifies the standards in
subsection A.1 through A.3. Said precise plan shall take into
consideration any and all circumstances, including, but not limited to,
viewshed, topography, color, texture, and profile of any structure that the
Commission or Council may determine to be in conformity with the
purposes set forth in this section.
5. Previously approved existing building pads shall be subject to the standard
coverage limitations of 35 percent, which may be increased up to 50 percent with
ARC approval. Any change to an existing approved building pad shall require a
new public hearing subject to the provisions of this chapter.
6. Development on or across ridges is prohibited.
7. Building pads and architecture shall be designed to eliminate or minimize any
visual impact on the City to the maximum extent feasible.
Chapter 25 , 10 Residential Districts 10-8 1 ,° �a
PLANNING COMMISSION RESOLUTION NO.
8. All common open space shall be preserved for that purpose as shown in the
development plan. The developer shall choose one or a combination of the
following three methods of administering common open space:
i. Dedication of common open space to the City, which is subject to formal
acceptance.
ii. Establishment of an association or nonprofit corporation of all property
owners or corporations within the project area to ensure perpetual
maintenance of all common open space.
iii. Retention of ownership, control, and maintenance of all common open
space by the developer; all privately owned common open space shall
continue as such and shall only be used in accordance with the
development plan; appropriate land use restrictions shall be contained in
all deeds to ensure that the common open space is permanently
preserved according to the development plan; said deed restrictions shall
run with the land and be for the benefit of present as well as future
property owners, and shall contain a prohibition against partition of
common open space.
9. Design Criteria. The following design criteria are established:
i. The overall plan shall achieve an integrated land and building
relationship.
ii. Open spaces, pedestrian and vehicular circulation facilities, parking
facilities, and other pertinent amenities shall be an integral part of the
landscape and particular attention shall be given to the retention of
natural landscape features of the site.
iii. The layout of structures and other facilities shall effect a conservation in
street and utility improvements.
iv. Recreational areas, active and passive, shall be generally dispersed
throughout the development and shall be easily accessible from all
dwelling units.
v. Architectural unity and harmony within the development and with the
surrounding properties shall be attained.
B. Planned Residential District Standards.
1. Purpose. It is the purpose of the PR district to provide for flexibility in
development, creative and imaginative design, and the development of parcels of
land as coordinated projects involving a mixture of residential densities and
housing types, and community facilities. The PR district is further intended to
provide for the optimum integration of urban and natural amenities within
developments. The PR district is also established to give a land developer
assurance that innovative and unique land development techniques will be given
reasonable consideration for approval and to provide the City with assurances
10-91Page Chapter 25. 10 Residential Districts
that the completed project will contain the character envisioned at the time of
approval.
2. Filing Procedure. To initiate the review process, the applicant shall file
applications for a change of zone (if needed) to a PR district along with a precise
plan, tentative tract/parcel map and supporting environmental documentation.
3. Maximum Project Densities. The maximum project density shall be as expressed
in dwelling units per gross acre of not more than the number following the zoning
symbol PR. The Council shall determine the densities to be allowed within each
PR district at the time the involved properties are rezoned and as designated on
the zoning map within the following range: one to 40 dwelling units maximum per
average gross acre. The density designation shall mean dwelling units per
average gross acre. For example, PR-7 means a planned residential
development with seven units per gross acre.
4. Maximum Density for "Affordable Projects." For projects containing at least 20
percent units affordable to low income households as defined by the Riverside
County Housing Authority, a maximum density of 55 dwelling units per acre may
be allowed by precise plan. To be eligible for this program, the developer must
enter into a development agreement which will tie the zoning designation and the
precise plan approval to affordable housing performance standards.
5. Development Standards Applicable. All areas within the project site shall be
subject to the following:
i. The standards for development of PR districts set forth in this chapter and
any supplemental standards for the planned community designated in the
precise plan.
ii. Off-street parking and loading requirements. All parking and loading shall
comply with the provisions of Chapter 25.46.
iii. Utilities. For provisions regarding utilities, see Section 25.40.120.
iv. Signs. All signs shall be in compliance with Chapter 25.56.
v. Outside storage. No outside storage shall exceed the height of actual
perimeter screening.
vi. Screening. All screening requirements for developments within the PR
district shall be determined by the ARC during review of the precise plan.
vii. Trash handling. Trash handling facilities shall be provided for all
developments within the PR district with the exception of single-family
detached dwellings. A trash enclosure will be provided for all but
excepted uses, unless the proposed location of the trash area is
completely enclosed by walls or buildings. The freestanding trash
enclosure shall be constructed of masonry block. No trash shall be
allowed to extend above or beyond the enclosure.
Chapter 25. 10 Residential Districts 10- 10 1
PLANNING COMMISSION mc:SOLUTION NO.
6. Site Plan Review. Review of a site plan by Planning Department staff shall be
required before a building permit is issued for any development in the PR district.
7. Special Standards. In addition to requiring all development plans to comply with
the following special standards the Council and/or Commission may impose such
other conditions to the development plan as it deems necessary or desirable in
carrying out the general purpose and intent of this chapter.
i. Minimum Project Area. Projects of less than 7 dwelling units per acre
shall have a minimum area of 5 acres. Projects of 7 to 18 dwelling units
per acre shall have a minimum area of 10 acres. Projects with 18+
dwelling units per acre shall have a minimum area greater than 10 acres.
ii. Minimum Project Width. Projects of less than 7 dwelling units per acre
shall have a minimum width of 200 feet. Projects of 7 to 18 dwelling units
per acre shall have a minimum width of 250 feet. Projects with 18+
dwelling units per acre shall have a minimum width greater than 300 feet.
iii. Minimum Project Perimeter Setback. The minimum perimeter setback
shall be 20 feet from all property lines adjacent to existing or proposed
public streets.
iv. Minimum project building coverage. Projects of less than 7 dwelling units
per acre shall have a maximum building coverage of 40 percent. Projects
of 7 to 18 dwelling units per acre shall have a maximum building
coverage of 50 percent. Projects with 18+ dwelling units per acre shall
have a maximum building coverage of 80 percent.
v. Minimum lot area. For single-family detached, the minimum lot area shall
be as approved by the development plan. For single-family attached, the
minimum lot area shall be 2,500 square feet. For a two-story dwelling, the
minimum lot area shall be 3,000 square feet. For multiple-family buildings,
the minimum lot area shall be as approved on the tract map.
8. Minimum yards — Development standards.
i. For single-family attached, two-story family dwellings and multiple-family
buildings, the minimum front, side and rear yards shall be as approved on
the tract map.
9. Minimum Separation Between Sides of Buildings. For single-story, single-family
detached buildings there shall be a minimum of 7 feet between sides. For two-
story, single-family detached buildings there shall be a minimum of 10 feet
between two-story elements.
10. Minimum common open space.
i. Projects of less than 7 dwelling units per acre shall have a minimum
common open space of 30 percent of the net area.
10-111Page Chapter 25. 10 Residential Districts
ii. Projects of 7 to 18 dwelling units per acre shall have a minimum common
open space of 20 percent of the net area.
iii. At least 50 percent of all required common open space shall be
approximately level, defined as not more than 13.5 percent grade.
iv. The common open space shall be land within the total development site
used for recreational, including buildings used for recreation purposes,
parks or environmental purposes for enjoyment by occupants of the
development and their guests, or dedicated to the City for public parks.
V. Common open space shall not include public or private streets,
driveways, private yards, or patios and parking areas.
11. Building Height. The maximum building height in a PR district shall be 40 feet or
three-story, whichever is less, or as approved by the Planning Commission.
12. Maximum Dwelling Units per Building. The maximum number of dwelling units
per building shall be as approved by the Planning Commission.
13. Required Width of Private Roads. With no parking, the private roads shall be 20
feet wide. With parking on one side, 32 feet wide. With parking on two sides, 40
feet wide. The roadways shall be a minimum of asphaltic concrete with concrete
curbs and gutters as approved by the Director. Standards of design and
construction of roadways, both public and private, within the project may be
modified as is deemed appropriate by the City, especially where it is found that
the development plan provides for the separation of vehicular and pedestrian
circulation patterns and provides for adequate off-street parking facilities.
14. RV Park Standards. The following standards apply to recreational vehicle parks:
i. Minimum project size of 5 acres;
ii. Maximum density of 12 spaces per acre;
iii. Minimum space area of 1,500 square feet, minimum dimension 30 feet by
50 feet;
iv. Minimum 40 percent common open space/recreation area;
v. Front project setback adjacent to public street of 25 feet with combination
of 6-foot masonry wall and landscaping to screen all recreation vehicles;
vi. Interior property lines to be bounded by 6-foot masonry wall and at least
10 feet of landscaping;
vii. Projects may be single-use or developed as part of a larger resort or
residential development;
viii. RV parks shall be taxed as a transient occupancy use;
Chapter 25. 10 Residential Districts 10- 12
PLANNING COMMISSION _SOLUTION NO.
ix. Permitted Accessory Uses. Private recreational facilities and limited
commercial directly associated with primary use as approved by
Commission.
15. Building Setbacks from the Planned Street Line. The minimum setback in all
residential developments within the PR district shall be the designated distances
from the ultimate right-of-way line of the streets specified in this title unless
otherwise provided in this section:
Table 25.10-2: Setbacks from Planned Street Lines
Street Type Setback Distance
Freeway 50 feet
Major 32 feet
Arterial 32 feet
Collector 25 feet
Local 25 feet
16. Two-story, single-family detached building setbacks from project perimeter:
i. The minimum setback shall be 100 feet or one lot depth, whichever is
more.
ii. The Commission may waive interior setback requirements when adjacent
developments are planned simultaneously.
17. Development standards within the PR districts may be modified through the
precise plan process as specified in Section 25.72.030.
18. Approval Criteria. The Commission and/or Council may approve a precise plan
only after finding that the requirements of this title and other ordinances affecting
the property have been satisfied. In granting such approval, the
Commission/Council may impose and enforce such specific conditions as to site
development, phasing and building construction, and maintenance and operation
as it deems necessary to carry out the purposes of this title and the General
Plan. All development within the PR district shall comply with the development
plan as approved and adopted by the Commission/Council.
10-131Page Chapter 25. 10 Residential Districts
Table 25.10-3:Residential Zoning District Development Standards
RE' R-1 s
MeasuremenUZoning District >15,000 sf,but R-2 R-3 R-iMs HPW P.R.'
!;I ac 215,000 sf 510,000 sf <1D,000 sf
Residential Density
Density(dufac),min-max 1-2 2-3 3-4 5-8 3-10 7-40 7 1/5 ac 4-40
Lot Dimensions
Lot size,min 40,DD0 sf 15,000 sf 10,000 Sf 8,000 sf 3.500 sf 3.000 sf 20 ac/5,000 -
Sf
Lot size,max 1 ac No max 14,999 sf 9,999 sf No max No max No max -
Lot width,min 150' 90' 90' 70' 50' 40' 500' - -
Lot depth,min 200' 125' ' 100' - - - -
Setbacks
Front yard,min 30' 25' 20' 20' 12' 10' 20'/5' -
Side yard,min 15' 15' 8' 5.5 5' 8' 10'/5' --
Combined both sides,min 30' 30' 20' 10. 10' 10' - -
Street side yard,min 30' 15' 10' 10' 10' 10' 20'/- -
Rear yard,min 50' 20' 20' 15' 15' 10' 10'/5' -
Residential accessory structures See Section 25.40.050(Accessory Buildngs and Structures)
Coverage
Lot coverage,max percentage of lot area 30% 35%' 35%2 35%' 60% 75% - 10% 50%
Building Measurements
Height,max 15'(18'ARC)' 15'(18'ARC)' 15'(18'ARC)' 15'(18'ARC) 30' 40' 18' _
Number of Stories,max. 1 1 1 2 2.5 3 1 1
Dwelling unit size,min 1,500 sf 1,260 sf 1.000 sf 1,000 sf 600 sf 450 sf - -
Dwelling unit size,max - - - - 4.000 sf 4.000 sf - 4.000 sf
Site area per dwelling unit,min - - - - 4.000 sf 2,500 sf - -
Buildirg pad area,max - - - - - - - 10,000 sf
Open Space
Group usable open space per dwelling unit,min - - - - - 300 at - -
Niles
r. the mmensron requveme is—1,xled o pvs color apply fo a maMlxrued Home park Pryecr sires as wee as-WhIual.vles warvn rha park.Tha 5rsl eimansron is b tM largarpro/'ecr sae.
2 La coverage may W mveasad to as much as 50 perceni penning ARC approval.WoWh the design review process.
3 All developmere standards are based on the square footage shown art the..nlg map and nil Mcessarily rha physical lot size.1.property.Progenies Nlly zoned R-I wat-d a square lodge aMocalian shall comply wah slandards for<10.000 square reel.Cohan standards with Plbwng Dmsbn waif Ib—I
conbg desgr f-and lot stsa developmene standards.
a Allside Devabp r Plan epp-1 process m Section 25.7e.020
5. the slaWards aM gundehMs presented m flus whp provide design crdena hr Me xhievarMN of Iu final and aflracfive developmeNs that hl within the comexf of the Ory of Palm Desert.Exceptions to the cntw a co vaiMd wahm the Developme l Plan maybe appropriare with tM appkc~of lnno hw and
urkque desgn Iechrobws m keeping with the cnarecter envislprted I the time of approval.
5. Selb""s"I m the Palm Desw CWNry Club in R-1 end R-2 have a 5 feet sidaywd setback(See Figure 25.10-1 Palm Dasw Country CIS Seth cacks)and a bmed setback of 10 feet.
7. allowable maximum WO&V height a IS wrath approval by the Archaectwal Review Commssm(ARC).
This page has been intentionally left blank.
to.151:
Figure 25.10-1 Palm Desert Country Club Setbacks
ti..
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1
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w
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. `.�-,CL TTI?TTTTTTTTT
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-' �P I,S e T 1`ST�TT�TT CIL�� -' �i TaT�i. � "�--fT"^.•^--�i � -----
�••� City Boundary
R-1 and R-2 Parcels within the Palm Desert Country Club
Palm Desert Country Club
.......... .. .
141MV Page Chapter 25. 10 Residential Districts
PLANNING COMMISSION RESOLUTION NO.
Exhibit D
Chapter 25.16 — Commercial and Industrial Districts
Sections in This Chapter
25.16.010 Purpose.................................................................................................16-1
25.16.020 Characteristics of the Commercial and Industrial Districts ....................16-1
25.16.030 Allowed Land Uses and Permit Requirements......................................16-2
25.16.040 Specific Use Standards.........................................................................16-3
25.16.050 Development Standards........................................................................16-6
25.16.010 Purpose
The purpose of this chapter is to establish commercial and industrial zoning districts in the City,
along with allowed use and development standards applicable to those districts. These districts
are consistent with and implement the City's General plan commercial and industrial district and
center land use categories as indicated in Table 25.04-1 (Zoning Districts).
25.16.020 Characteristics of the Commercial and Industrial Districts
The following descriptions of each district identify the characteristic uses, intensity of uses, and
intended level of development for that district.
A. Office Professional (OP). This district is intended for various levels of intensities for
business, office, administrative, research and development, and/or professional land
uses. This district is characterized by urban streetscapes with formal tree arrangements
and larger block sizes.
B. Planned Commercial (PC). The PC districts provide flexibility for commercial and
mixed-use development. Generally, these districts are characterized as coordinated
projects that integrate compatible commercial and residential mixed-uses. PC districts
balance the need for automobile parking and pedestrian connections that are organized
around walkable streetscapes and other pedestrian amenities. PC districts are further
refined based on property size, proximity to residential uses, and as described below:
1. Specialty Commercial Center (PC-1). The specialty commercial center
provides for small-scale commercial development that primarily serves
surrounding neighborhoods and other immediate land uses. This district is
characterized as being located in close proximity to residential development and,
as such, provides high levels of convenient pedestrian access. This district also
promotes the development of mixed-use (10.0 — 15.0 du/ac) as a transition
between residential uses and other development types.
2. District Commercial Center (PC-2). The district commercial center provides
convenient shopping opportunities outside of the downtown core area. This PC
district provides large-format retail areas for the broader community and provides
flexibility for the integration of mixed-use (10.0 — 15.0 du/ac) on upper floors of
commercial buildings. The center is also characterized by traditional parking lots
16-11Page Chapter 25. 16 Commercial and Industrial Districts
with formal tree arrangements and spacing and sufficient space for pedestrian
areas and open space.
3. Regional Commercial Center (PC-3). The regional commercial center provides
a unified area for commercial uses which offer a wide range of goods and
services, including comparison and convenience shopping, entertainment,
cultural, and recreational uses. The district provides for large-scale, large-format,
commercial development that serves the broader region and is generally located
around major intersections and properties in proximity to freeway overpasses.
Although this district is predominately commercial, mixed-use (10.0 — 15.0 du/ac)
is allowed and should be integrated into developments on the upper floor.
4. Resort Commercial Center (PC-4). The resort commercial center allows for the
development of a range of entertainment, hospitality, restaurants, and
recreational facilities with related commercial uses to serve visitors to the City.
The district is characterized by multi-story development that provides recreation
and entertainment amenities in accordance with its urban/natural setting, and
provides flexibility to integrate mixed-use (10.0 du/ac).
C. Service Industrial (SI). This district allows for the development of traditional business
parks that allow for manufacture, distribution, research and development, and service of
products intended for use within Palm Desert and surrounding communities. The district
is characterized as having a more urban setting with buildings located near roadways,
shared and connected parking, and streetscapes with formal street tree arrangements.
25.16.030 Allowed Land Uses and Permit Requirements
Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses and
corresponding permit requirements for commercial and industrial districts and all other
provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99
(Definitions). The "Special Use Provisions" column in the table identifies the specific chapter or
section where additional regulations for the specific use type are located within this ordinance.
Use regulations in the table are shown with representative symbols by use classification listing:
"P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an
administrative use permit, "C" symbolizes uses that require approval of a conditional use permit,
and "N" symbolizes uses that are not permitted. Uses that are not listed are not permitted.
However, the Commission may make a use determination as outlined in Section 25.72.020 (Use
Determinations).
Chapter 25, 16 Commercial and Industrial Districts 16-21Page
PLANNING COMMISSION RESOLUTION NO.
Table 25.16-1: Use Matrix for Commercial and Industrial Districts
Commercial/Industrial District
(P=Permitted;A=Administrative Use Special Use
Permit;C=Conditional Use Permit; Provisions
N=Not Permitted)
OP PC-1 PC-2 PC-3 PC-4 SI
Residential Uses
Caretaker housing N N N N N P 25.16.040.A
Condominium C C C OC C C 25.16.040.E
Dwelling,duplex C C C C C C 25.16.040.13
Dwelling, multifamily C C C C C C 25.16.040.E
Dwelling, single-family C C C N C C 25.16.040.E
Group home C C N N C C 25.16.040.E
Single-room occupancies N N N N N C
Homeless Shelter N N N N N P
Recreation, Resource Preservation,Open Space,and Public Assembly Uses
Amusement facility, indoors N N C C C N
Amusement facility, outdoors N N N C C N
Community facility N N N N N P
Day care center N C C C C N
Emergency shelters N P N N N P
Entertainment facility, indoor N N N P P N
Entertainment facility, outdoor N N N P P N
Institution, educational C C C N N C
Institution, general C C N N C
Institution, religious C W C N j N C
Open space(developed or natural) N P P N P N
Recreation facility, commercial N N P P P N
Recreation facility, private N N N P P N
Theater/auditorium N N P P N N
Utility, Transportation, Public Facility, and Communication Uses
Commercial communication tower C C C C C C 25.16.040.0
Commercial parking lot C N N N N N
Public utility installation N N N N N P
Public facility(utility or service) N N N N N P
Utility facility N N C N N P
16-31Page Chapter 25. 16 Commercial and industrial Districts
Retail, Service,and Office Uses
Adult entertainment N N N N N C 25.16.040.D
Ancillary commercial A P P P N A 25.16.040.E
Art gallery A P P P P C
Art studio A P P P P C
Bed and breakfast N A A A A N
Business support services N N N N P P
Convention and visitors bureau N N P N P N
Drugstore N P P P N N
Financial institution C P P P N N
Grocery store N P P P N N 25.16.040.F
Health club, gyms or studios N A P P P C
Hotel N A A A P N
Liquor store N P P P N N
Liquor, beverage and food items shop N P P P P N
Medical, clinic \ - N P P N N
Medical, office P P P P N N
Medical, hospital N N N N N C
Medical, laboratory P N N N N P
Medical office, accessory N N N N N P 25.16.040.G
Medical, research facility P P N N N C
Mortuary N N N N N P
Office, professional N P P P P
Office, local government N N N N P
Office, travel agency P P P P P N
Outdoor sales A A A A
Personal services N P P P P N
Restaurant A C C C P C 25.16.040.E/H
Retail N P P P P N
Retail, bulky items L N N P P N
Spa N N P P P N
Time-share project N N N C C N
Automobile and Vehicle Uses
Automotive rental agency N N N N P P
Automotive gasoline station N N C C N C 25.34.090
Chapter 25. 16 Commercial and Industrial Districts 16-41 ag--
PLANNING COMMISSION RESOLUTION NO.
Automotive service facility N N C C N P 25.34.090
Automotive sales new and used (Outdoor/Indoor) N N N N N C
Automotive sales of accessory parts and supplies N N N P P N
Vehicle storage facility N N N N N P 25.16.040.1
Industrial, Manufacturing,and Processing Uses
Industrial planned unit development N N N N N P
Light industrial and research and development N N N N N P
Maintenance facility N N N N N P
Pest control facility N N N N N P
Preparation of foodstuffs N N N N N P
Production of home and office decor accessories N N N N N P
Warehouse or storage facility N N N N N P
Temporary Uses
See Section 25.34.080
The establishment may be permitted with an Administrative Use Permit but may be elevated to a Conditional Use Permit at the
discretion of the ZA based on:parking,traffic,or other impacts.
25.16.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.16-1 (Use Matrix for
Commercial and Industrial Districts):
A. Caretaker Housing. Permitted only when incidental to and on the same site as a
permitted or conditional use.
B. Residential (mixed use). Residential uses may be established and maintained to be
compatible with the permitted or the approved conditional uses in the vicinity.
C. Commercial Communication Tower. All communication towers and antennas shall
satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna
Regulations).
D. Adult Entertainment. All uses defined as adult entertainment are required to meet the
provisions established by Section 25.34.110 (Adult Entertainment Establishments).
E. Commercial (ancillary). Applicable only to office and industrial complexes that occupy
a minimum of two acres. Restaurant uses shall not exceed 10 percent of the gross
leasable floor area and the total ancillary commercial uses, including restaurants, shall
not exceed 25 percent of the gross leasable floor area of the complex. A Conditional Use
Permit or Administrative Use Permit is required to review land-use compatibility and to
ensure that adequate parking exists to serve the commercial use.
16-51Page Chapter 25. 16 Commercial and Industrial Districts
F. Grocery Stores. Limited to a maximum building size of 10,000 square feet in PC-1,
30,000 square feet in PC-2, and 60,000 square feet in PC-3.
G. Medical Offices, accessory. Permitted only when ancillary to and in conjunction with
the operation of a hotel.
H. Restaurants. Drive-through and drive-in facilities permitted by a conditional use permit
as follows:
1. Permitted locations.
i. Within Freeway Commercial Overlay District
ii. On the following streets and as indicated in Figure 25.10-2: Monterey Avenue
and Portola Avenue from the northern city boundary to the north side of Gerald Ford
Drive.
2. Development standards.
i. Drive-through lanes and window facilities shall be designed in a manner
that they are screened and/or not visible from surrounding public streets.
ii. Drive-through vehicle queue must be permanently screened and/or not
visible from surrounding public streets.
I. Vehicle Service and Storage Facility. The storage facility must be completely
screened.
25.16.050 Development Standards
The development standards included in Table 25.16-2 (Commercial and Industrial District
Development Standards) are applicable to commercial and industrial districts. These standards,
along with other development standards (e.g., landscaping requirements, signs, and parking
standards) located in the zoning ordinance, are intended to assist property owners and project
designers in understanding the City's minimum requirements and expectations for high-quality
development.
A. Special setback requirements. In addition to the setback requirements in Table 25.16-
2 (Commercial and Industrial District Development Standards) the following special
setback provisions apply:
1. On interior lots in the PC zone districts, setbacks shall be the lesser of the
setback requirement listed in Table 25.16-2 (Commercial and Industrial District
Development Standards). For exterior lots or projects perimeter adjacent to
public streets the setback standards below shall apply. Said setbacks shall be
measured from the property line.
2. Building setbacks from planned street lines:
Table 25.16-2: Setbacks from Planned Street Lines
Street Type Setback Distance
Freeway 50 feet
Major 32 feet
Arterial 32 feet
Collector 25 feet
Chapter 25 . 16 Commercial and Industrial Districts 16-61Page
PLANNING COMMISSION RESOLUTION NO.
Local 25 feet
3. Where commercial districts abut a residential district, a fence or wall 6 feet in
height shall be located adjoining the property line except adjoining a required
front yard. All commercial district property lines adjoining a residential district
shall be landscaped with plant materials for an area 10 feet in depth.
4. All nonpaved areas shall be landscaped and treated or maintained to eliminate
dust.
B. Exceptions: Development standards within the PC districts may be modified through the
precise plan process as specified in Section 25.72.030Special standards within the
Service Industrial (SI) district.
Sound emanating from industrial properties shall be muffled so as not to become
objectionable due to intermittence, beat frequency, or shrillness. The measurements of
sound shall be measured at the lot lines and shall be measured to decibels with a sound
level meter and associated octave band filter, manufactured according to standards
prescribed by the American Standards Association. Maximum permissible sound pressure
levels shall comply with the limits at table 25.16-2 and the following standards:
Table 25.16-3: Maximum Permitted Decibels
Octave Band in Cycles- Adjacent Residential District Lot Line of Use in the SI
Second(decibels) Boundaries(decibels) Zone(decibels)
0-75 72 79
76-150 59 74
151-300 52 66
301-600 46 59
601-1200 42 53
1201-2400 39 47
2401-4800 34 41
Above 4800 32 39
1. The maximum sound pressure level in decibels shall be 0.002 dynes per square
centimeter.
2. Toxic gases or matter shall not be emitted which can cause any damage to
health, animals, or vegetation, or other forms of property, or which can cause any
excessive soiling beyond the lot lines of the use.
3. Vibration from any machine, operation, or process which can cause a
displacement of .003 of 1 inch as measured at the lot lines of the use shall be
prohibited. Shock absorbers or similar mounting shall be allowed which will
reduce vibration below .003 of 1 inch as measured at the lot lines.
16-71Page Chapter 25. 16 Commercial and Industrial Districts
4. Glare and heat from any source shall not be produced beyond the lot lines of the
use.
5. Storage of refuse, trash, rubbish, or other waste material outside a permanent
building shall be kept in enclosed containers in areas other than the front and
side yards.
6. Lighting, including spotlights, floodlights, electrical reflectors, and other means of
illumination for signs, structures, landscaping, parking areas, loading and
unloading areas, and the like shall be shielded, focused, directed, and arranged
as to prevent glare or direct illumination on streets or adjoining property.
7. Unless specific additional uses are permitted by the certificate of occupancy, the
use of radioactive materials within the SI district shall be limited to measuring,
gauging and calibration devices, as tracer elements, in x-ray and like apparatus,
and in connection with the processing and preservation of foods. In no event
shall radioactivity, when measured at each lot line, be in excess of 2.7 x 10-11
micro curies per milliliter of air at any moment of time.
8. Electrical and electronic devices and equipment shall be suitably wired, shielded,
and controlled so that in operation they shall not, beyond the lot lines, emit any
electrical impulses or waves which will adversely affect the operation and control
of any other electrical or electronic devices and equipment. (Ord. 96 § 1, 1975,
Exhibit A § 25.20-7.16)
C. Special standards within the Office Professional (OP) district.
1. When adjacent to single-story residential, the rear and exterior side yard
setbacks shall be increased by 6.43 feet for each foot of building height above 18
feet up to 25 feet tall. See table below:
Table 25.16-4: Additional Setback in OP District
Height Setback
Distance
19 feet 26.43 feet
20 feet 32.86 feet
21 feet 39.29 feet
22 feet 45.72 feet
23 feet 52.15 feet
24 feet 58.58 feet
25 feet 65 feet
2. Second-story Windows: Second-story windows are allowed to face adjacent
single-story residential zones with sufficient screening; either with landscaping or
another method as approved through the precise plan process.
Chapter 25 . 16 Commercial and Industrial Districts 16-81 n ,.
PLANNING COMMISSION RESOLUTION NO.
Table 25.16-4: Commercial and Industrial District Development Standards
Commercial/industrial District
OP PC-1' PC-2' PC-3' PC-4' SI
Lot Dimensions
Lot size, min 15,000 sf 3 ac 5 ac 30 ac 4 ac 20,000 sf
Lot size, max None 10 ac 20 ac None None None
Lot width, min 70' None None None No min 100,
Lot depth, min 140' None None None No min 100,
Setbacks2
Front yard, min 12 a in 15 — — — 30' 20'
Side yard, min (interior/exterior) 0720' 3'4'' 0720'3,4 0'/20'3'4 — 15' 0'/10i5
Street side yard, min 12' min, 15' — _ _ — 10,
av g
Rear yard, min 0720' 3.4 0'/20'3,4 0'/20'3'4 — 20' 0'/25r5
Coverage '
Floor Area Ratio 0.75 0.5 1.0 1.0 0.10 0.75
Residential Density Range 10.0— 10.0— 10.0—
(mixed-use) 10.0 15.0 15.0 15.0 10.0 -
Building Measurements
Height, max (single-use) 40', 3 stories 35', 2 35', 2 35', 2 55', 4 40', 3
stories stories stories stories stories
Height, max (mixed-use) 40 40 40 40 55 -
No. of Stories(mixed-use) 3 3 3 3 4 -
Building size, max8 — 10,000 sf 30,000 sf — — — —
16-91Page Chapter 25 . 16 Commercial and Industrial Districts
Commercial/Industrial District
OP PC-1I PC-2' PC-3' PC-4' SI
Landscaping
Required landscaping, min 15% 15% 15% 20% 20%9 - -
percentage of lot area
Depth of landscaping in street 10, 10, 20' 30' 10, — —
setback area, min
Notes:
1. Development standards may be modified through the precise plan process as specified in Section 25.72.030.
2. See Section 25.16.050 A(Special Setback Requirements).
3. When an OP, PC-1 or PC-2 zone is adjacent to a commercially or industrially zoned property,the setback is zero.
4. When an PC-1,or PC-2 zone is adjacent to a residentially zoned property, the minimum required setback for a commercial structure or a joint use commercial and residential
structure is equal to the building's height.
5. When an SI zone is adjacent to or across the street from residentially zoned property,the minimum side setback is10 feet and the minimum rear setback is 25 feet.
6. The side yard setback may be 0 feet where the main building structure on the same lot line of the abutting parcel is set back at 0 feet and both parcels are developed at the
same time.
7. When adjacent to single-story residential, see Section 25.16.050 E(Additional Setback in OP District).
a. This standard refers to the maximum area for any single commercial enterprise.
9. For hotels,a minimum of 25 percent of the site area must be usable landscaped open space and outdoor living and recreation area with an adequate irrigation system.
Chapter 25 , 16 Corn inercial and Industrial Districts 16-101Page
EXHIBIT E
PLANNING COMMISSION RESOLUTION NO.
Exhibit E
Chapter 25.22 — Special Districts
Sections in This Chapter
25.22.010 Purpose.................................................................................................22-1
25.22.020 Characteristics of Special Districts........................................................22-1
25.22.030 Allowed Land Uses and Permit Requirements......................................22-1
25.22.040 Development Standards........................................................................22-3
25.22.010 Purpose
The purpose of this chapter is to establish zoning districts in the City specifically reserved for
public, institutional, and open space use and to provide a list of permitted uses and general
development standards. These districts are consistent with and implement the City's General
Plan as indicated in Table 25.04-1 (Zoning Districts).
25.22.020 Characteristics of Special Districts
The following descriptions of each residential district identify the characteristic uses, intensity of
uses, and level of development intended for that district.
A. Public/Institutional (P). The purpose and intent of the P district is to provide for the
orderly establishment of public facilities, expansion of their operations, or change in the
use of lands owned, leased, or otherwise controlled by governmental agencies and for
the orderly establishment of quasi-public institutional uses that are compatible with, and
support, surrounding land uses.
B. Open Space (OS). The open space district is intended to provide for areas reserved for
parks, public or private recreation, protection of natural and developed open
spaces,governmental public uses, or areas where a hazard to the public may exist.
25.22.030 Allowed Land Uses and Permit Requirements
Table 25.22-1 (Use Matrix for Special Districts) identifies allowed uses and corresponding
permit requirements for the special districts and all other provisions of this title. Use regulations
in the table are shown with representative symbols by use classification listing: "P" symbolizes
uses permitted by right, "A" symbolizes uses that require approval of an administrative use
permit, "C" symbolizes uses that require approval of a conditional use permit, and "N"
symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the
Commission may make a use determination as outlined in Section 25.72.020 (Use
Determinations).
22-11 Chapter 25 . 22 Special Districts
Table 25.22-1: Use Matrix for Special Districts
Key: Special Zoning Special Use
P=Permitted;A=Administrative Use Permit; District Provisions
C=Conditional Use Permit; N=Not Permitted) P OS
Residential Uses
Condominium' C N
Dwelling,duplex' C N
Dwelling,manufactured' C N
Dwelling,mobile home' C N
Dwelling,multifamily' C N
Dwelling,second' P N 25.34.030
Dwelling,single-family' C N
Farmworker housing' C N
Group home' C N
Planned unit development,residential' C N
Recreation,Resource Preservation,Open Space,and Public Assembly Uses
Apiary A P
Botanical conservatory A P
Cemetery C C
Community facility C P
Crops and horticulture,limited C P
Historic landmark P P
Institution, educational C C
Institution,general C P
Institution, religious C N
Kennel C N
Library A P
Nursery N P
Orchard N P
Public park P P
Recreation facility,commercial C C
Recreation facility, private C N
Recreation facility,public C P
Stable, boarding N C
Utility,Transportation,Public Facility,and Communication Uses
Chapter 25. 22 Special Districts 22-2� � ,
PLANNING COMMISSION RESOLUTION NO.
Key: Special Zoning Special Use
P=Permitted;A=Administrative Use Permit; District Provisions
C=Conditional Use Permit; N=Not Permitted) P OS
Commercial communication tower C C Section 25.34.130
Electric substation C N
Fire station C P
Maintenance facility(public only) C C
Maintenance yard (public only) C C
Public service facility C P
Utility facility C C
Retail,Service,and Office Uses
Medical, hospital C N
Office, local government A P
Outdoor sales C N
Recording studio C N
Restaurantz N A
Notes:
1. Government-supported,-funded and/or-operated only.
2. Recreation-oriented restaurants, eating and drinking places.
25.22.040 Development Standards
The development standards in Table 25.22-2 (Special District Development Standards) are
applicable to the special districts. These standards, along with other development standards
(e.g., landscaping requirements, signs, and parking standards) in this ordinance, are intended to
assist project designers in understanding the City's minimum requirements.
Table 25.22-2: Special District Development Standards
Special Zoning
District
P 05
Dimensional Requirements'
Lot area (minimum) None None
Yard requirements None None
Building height, max 35' 30'
Notes:
1.Additional requirements may be required as part of
conditional use permit or administrative use permit approval.
22-31 Chapter 25. 22 Special Districts
EXHIBIT F
PLANNING COMMISSION RESOLUTION NO.
Exhibit F
Chapter 25.28 — Overlay Districts
Sections in This Chapter
25.28.010 Purpose.........................................................................................................1
25.28.020 Senior Housing Overlay District.....................................................................1
25.28.040 El Paseo Overlay District...............................................................................4
25.28.060 Planned Community Overlay District..............................................................5
25.28.070 Freeway Commercial Overlay District............................................................6
25.28.080 Scenic Preservation Overlay District..............................................................7
25.28.090 Drainageway, Floodplain, Watercourse Overlay District.................................8
25.28.100 Natural Factors/Restricted Development Overlay District.............................10
25.28.110 Seismic Hazard Overlay District...................................................................10
25.28.120 Bermuda Dunes Airport Area.......................................................................12
25.28.010 Purpose
The overlay zoning districts established in this chapter are designed to supplement the use
regulations and/or development standards of the applicable underlying base zoning district by
recognizing distinctive areas of the City that have special and unique social, architectural, or
environmental characteristics which require special considerations not otherwise adequately
provided by the underlying base zone applicable to the property.
25.28.020 Senior Housing Overlay District
A. Purpose and Applicability. The purpose of the Senior Housing Overlay (SO) district is
to provide optional standards and incentives for the development of a wide variety of
specialized housing designed for and restricted to residents over the age of 55.
Whenever the SO has been added to a base zone, the applicant may choose whether to
use the optional SO standards or the standards of the base zone.
B. Uses Permitted by Approved Precise Plan and Conditional Use Permit. Uses
permitted by approved precise plan and conditional use permit shall be residential
retirement developments consisting of attached or detached units for rent or sale and
associated recreational facilities and involving varying degrees of support arrangements,
ranging from completely independent living, congregation, assisted, and memory care to
community food service and healthcare.
C. Development Standards. Development standards shall be flexible to ensure efficient
site planning and neighborhood compatibility and to reflect the unique requirements of
persons over the age of 55.
D. Density and Intensity.
1. Due to smaller unit and household sizes, project density (units per acre) shall be
determined by intensity (persons per acre) and age.
28-11 P, 3 = Chapter 25. 28 Overlay Districts
2. Overall project population shall be calculated according to the following factors:
Table 25.28-1: Persons per Unit in Senior Housing
Unit Size Persons per Unit
Studio 1.25
One bedroom 1.75
Two bedroom 2.00
3. Allowable Population/Gross Acre (P/A). Density shall be equal to P/A. The
maximum density shall vary with project site area. Projects on larger sites will be
allowed greater density due to increased opportunity for common open space
and site planning efficiencies of scale.
Table 25.28-2: Allowable Population per Gross Acre in Senior Housing
Project Site Area P/A
Less than 2.49 acres 30
2.5 to 9.99 acres 40
10 acres or more + 50
4. Senior housing projects shall be divided into two age restriction classifications:
55 minimum and 62 minimum. Due to greater activity levels of age 55 projects,
allowable P/A shall be reduced by 25 percent.
5. Unit Sizes. Minimum allowable unit sizes in square feet (sf) shall vary according
to presence or absence of a common project dining facility. Each unit shall
contain, as a minimum, a kitchen including two burners, an oven, a
refrigerator/freezer, a sink, counter space, and storage.
Table 25.28-3: Unit Size in Senior Housing
Common Dining
Unit Size
With Without
Studio 360 sf 450 sf
One bedroom 500 sf 600 sf
Two bedroom 700 sf 800 sf
Chapter 25. 28 Overlay Districts 28-21 Page
PLANNING COMMISSION RESOLUTION NO.
6. Example of Density and Intensity Calculations. The following table illustrates how
projects of different characteristics would calculate allowable density and
intensity limits:
Table 25.28-4: Examples of Density and Intensity Calculations
Project Permitted Population Permitted Unit Size
Size Units(assumes all 2 bedroom) (without common dining)
Age 55-62
Age 62 + Age 55-62 Age 62 +
(25%reduction)
5 acres 150 200(40 P/A) 75 100 800 sf
10 acres 375 500(50 P/A) 188 250 800 sf
E. Accessibility.
1. All second-story units shall be serviced by elevators.
2. All common areas shall be wheelchair accessible.
3. Handicapped unit design shall meet requirements for state Title 24 handicapped-
access regulations.
F. Parking Requirement.
1. Parking ratios based on age group shall be based on the following:
Table 25.28-6: Parking Required for Senior Housing
Age Minimum Parking Ratio
55 1.25 per unit
62 1.00 per unit
62+ 0.75 per unit'
1. With Commission approval according to G.2.
2. Projects which by their design appeal to age categories significantly older than
age 62 may request reduced parking requirements if it can be demonstrated that
less demand will be generated. The Commission may reduce the parking
requirement to 0.75 spaces per unit if the project applicant demonstrates less
demand to the satisfaction of the Commission.
G. Affordability Requirements. A portion of any project with 10 or more dwelling units
shall be reserved and made affordable to lower- and moderate-income residents.
28-31P - e Chapter 25 . : 8 Overlay Districts
1. For projects between 10 and 99 units, 10 percent of the units shall be affordable
to lower-income residents and 10 percent to moderate-income residents.
2. Projects with 100 or more units shall be required to provide an additional 5
percent affordable to very low-income residents.
3. The total number of these controlled units shall not exceed the additional units
allowed by the SO district or the density allowed by the base zone.
4. The applicant shall be responsible for proposing the methods to achieve the
program goal, which may vary depending upon the nature of the housing and the
degree of additional services provided.
5. The Commission shall have flexibility in reviewing and approving innovative
proposals.
H. Very Low, Low, Moderate Income Defined. Very low income shall be equivalent to 50
percent of median income; lower income, 80 percent of median; and moderate income,
100 percent of median as shown on the latest US Department of Housing and Urban
Development (HUD) estimates for the Riverside/San Bernardino area or on other, more
specific HUD estimates for senior citizens.
I. Projects approved under this section must be used solely for senior citizen housing
unless special approval is granted by the Council.
J. The applicant shall, as a condition of approval, submit a maintenance bond to ensure
exterior maintenance for a period of time satisfactory to the City.
25.28.040 El Paseo Overlay District
A. Intent and purpose. El Paseo is designed as a pedestrian specialty retail/personal
services district. The success of a pedestrian commercial district is dependent upon the
creation and maintenance of a continuous succession of diverse but compatible
businesses which attract and sustain pedestrian interest. To encourage this continuous
pattern of pedestrian-oriented uses, this chapter shall regulate the type of new uses
which may occupy El Paseo street-level commercial frontage constructed after July 1,
1987.
B. Permitted uses. The following retail/personal service uses shall be liberally construed to
be permitted uses within the El Paseo pedestrian commercial overlay:
1. Art galleries
2. Book and card shops
3. Clothing and apparel shops
4. Furniture stores and home furnishings
5. Gift and accessories boutiques (including small antiques)
Chapter 25. 28 Overlay Districts 28-41 Page
PLANNING COMMioSION RESOLUTION NO.
6. Jewelry shops
7. Liquor, beverage, and food item shops
8. Luggage shops
9. Personal care/products shops and services (including barbering and
cosmetology)
10. Restaurants
11. Sundries shops (general merchandise)
C. Conditional uses. The Commission may, by conditional use permit, approve
commercial uses not listed above if they are determined to be compatible with the intent
and purpose of this chapter.
25.28.060 Planned Community Overlay District
A. Purpose and applicability. The Planned Community Overlay district allows for the
Council to establish larger areas for coordinated land use, and master planning
purposes that may include multiple properties. Approval of a Development Plan as
outlined in Section 25.72.040 is required for approval of a development in the Planned
Community Overlay district.
B. Requirements.
1. Site area. A minimum of 100 acres shall be required for a planned community
development.
2. Master plan required. Any application for a planned community overlay zone
shall be accompanied by a master plan for the entire area covered by the
application.
3. Ownership. All land in a proposed overlay zone shall be held in one ownership or
under unified control or have the written consent or agreement of all owners of
property proposed for inclusion in the overlay zone.
4. Utilities. The existing utilities systems (water, sewer, drainage, electrical, gas,
and communications facilities) shall be adequate, or new systems designed and
constructed to adequately serve the development. Master plans for utility
systems may be required along with the application for the planned community
overlay zone if determined necessary by the Director.
C. Application. An application for an overlay zone shall be submitted by the owner, his or
her authorized agent, or the purchaser of the land with the consent of the owner. The
application shall be prepared by a qualified team of professionals and accompanied by
the required application form, master plan, submittal materials, and other information as
required by the Director.
D. Procedure.
28-51Page Chapter 25, 28 Overlay Districts
1. Upon receipt of a complete application for an overlay zone, the Department shall
review the application materials and prepare a recommendation to the
Commission.
2. The Commission shall hold a public hearing on such application. If it finds the
criteria set forth in this chapter have been met, it may establish the overlay zone
subject to such conditions as it deems necessary. The Commission may deny
the application if it finds any of the criteria have not been met, or that the
approval of the application would be detrimental to the public peace, health,
safety, or welfare.
3. Planned community development applications shall be forwarded along with the
community master plan to the Council. The Council shall hold a public hearing
and either approve, conditionally approve, or deny the community master plan.
The decision of the Council shall be final.
E. Termination of overlay zone.
1. The overlay zone and any master plan or other material approved as a part
thereof shall become null and void if the physical development of the district is
not commenced within two years from date of adoption of the resolution
establishing the zone.
2. An extension of time, not to exceed one year, may be granted by the
Commission when extenuating circumstances can be clearly shown by the
applicant. The request for an extension of time shall be submitted to the
Commission in writing prior to the expiration date and shall clearly state the
reasons why the physical development of the district has not commenced and
such overlay zone has not been utilized.
3. Partial physical development within the overlay and/or master plan is considered
sufficient to maintain the overlay zone designation, and action by the Council in
the form of a zoning amendment is required to alter the boundaries, master plan,
or development standards.
25.28.070 Freeway Commercial Overlay District
A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone
(FCOZ) district is to provide optional standards and incentives for the development of a
variety of commercial uses. Whenever the FCOZ has been added to a base zone, the
owner/applicant may choose whether to use the optional FCOZ standards or the
standards of the base zone. In order to obtain approval of uses only permitted in the
FCOZ, the project must utilize FCOZ standards.
B. Conditional uses. Uses permitted by approved conditional use permit shall be as
follows:
1. Restaurants, general, including drive-through restaurants
2. Automobile service stations without regard to the required separation distance
provisions per Section 25.34.090 (Automotive Service Stations)
Chapter 25. 28 Overlay Districts 28-61
PLANNING COMMISSION RESOLUTION NO.
3. Convenience stores
4. Car washes
5. Combinations of two or more of the above uses
6. Hotel
7. Commercial recreation and amusement establishments
8. Mini storage
9. Outdoor recreational vehicle and boat storage
C. Development standards. Projects proposed under this chapter shall be master planned
and the master plan shall be approved by the Commission prior to any construction
activity. The master plan approval is subject to the following:
1. Development of individual projects within the approved master plan shall be
processed through the precise plan process.
2. Property to be master planned shall be at least 5 acres in size and shall have
frontage on a designated arterial street.
3. Drive-up lanes and window facilities shall be designed in a manner that they are
not visible from an arterial street.
4. Development standards shall generally be flexible to ensure efficient site
planning and to foster the creation of attractive developments.
5. Automobile service stations shall comply with the requirements of Section
25.34.090 (Automotive Service Stations).
D. Required on-site parking. The required number of parking spaces for a combined
development shall be cumulative for all proposed uses. The Commission may reduce
the required parking where it is clearly demonstrated that a shared use will occur (i.e., a
restaurant which serves a hotel), or with a showing of good cause, the Commission may
increase the number of parking spaces required.
E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile service
stations pursuant to Section 25.34.090 (Automotive Service Stations).
F. Landscaping. All master planned projects approved through the FCOZ process shall
provide a minimum of at least 30 percent landscaped open space, of which at least half
of the common usable public space can include a picnic area, a dog park, or a kids land,
as well as landscaped setback areas. With a showing of good cause, the Commission
may decrease the minimum landscaped open space requirement.
25.28.080 Scenic Preservation Overlay District
A. Purpose. It is the purpose of the Scenic Preservation Overlay (SP) district to designate
those scenic corridors that have a special aesthetic quality and to provide the
28-71P1 a a Chapter 25. 28 Overlay Districts
opportunity for special standards for development in these areas to protect that quality.
This district and the related provisions may be applied according to the procedures
established in Section 25.78.030 (Amendments—Zoning Ordinance).
B. Permitted and conditional uses. Any permitted or conditional use which is allowed
within the base district requires the review and approval of the ARC which shall have
taken specific notice of the fact that such development is within a scenic corridor as
noted within the City's General Plan.
C. Development standards. At a minimum, the development standards of the underlying
base district shall apply. The ARC may apply additional standards to ensure that the
aesthetic quality of the scenic corridor is preserved. At a minimum, the ARC will consider
the following:
1. Preservation of scenic vistas
2. Setbacks
3. Landscaping
4. Building heights
5. Signs
6. Mitigation of excessive noise impacts
D. Specific standards. All SP designations added to the R-2 and R-3 residential districts
on the zoning map shall be limited to one story, with the maximum height determined by
a line of sight study.
25.28.090 Drainageway, Floodplain, Watercourse Overlay District
A. Purpose and intent. The purpose of the Drainageway, Floodplain, Watercourse Overlay
(D) district is to designate those areas of the City that are known to be subject to
flooding. This designation and regulations herein are intended to achieve the following
objectives:
1. To prevent loss of life and property and to minimize economic loss caused by
flood flows.
2. To establish criteria for land management and use in flood-prone areas that is
consistent with that promulgated by the Federal Insurance Administration for the
purpose of providing flood insurance eligibility for property owners.
3. To prohibit occupancy or the encroachment of any structure, improvement, or
development that would obstruct the natural flow of waters within a designated
drainageway, floodway, or watercourse.
4. To regulate and control uses below the elevation of the 100-year flood flow.
Chapter 25 . 28 0verla,y Districts 28-81
PLANNING COMMISSION RESOLUTION NO.
B. Applicability. The D overlay district shall be applied to those areas that are known to be
subject to flooding as determined by the Council, based on recommendations by the
affected flood control district.
C. Conditional uses. The following uses and structures shall be permitted in this overlay
district subject to the issuance of a conditional use permit by the Commission:
1. New residential, commercial, industrial, and agricultural structures permitted by
the underlying district regulations involved, and when they comply with all of the
conditions listed below:
i. Flood-proofing and/or flood protective measures shall be required to be
installed in a manner meeting the approval of the chief engineer of the
affected flood control district.
ii. Building and health code requirements applicable to floodplain districts
shall be complied with.
iii. The bottom elevation or first floor of any structure shall be at least 1 foot
above the level of the 100-year flood. Exceptions may be recommended
by the building official only for nonresidential structures which are
adequately flood-proofed, in accordance with the building code, up to the
level of the 100-year flood.
iv. Landfills, improvements, developments, or other encroachment effects on
the 100-year flood level such that the water surface elevations of the 100-
year flood are increased by more than 1 foot shall be fully offset by
requirements for stream improvements meeting with the approval of the
chief engineer of the affected flood control district.
2. Public utility facilities.
3. Recreation areas, parks, campgrounds, playgrounds, fishing lakes, hunting
clubs, riding and hiking trails, golf courses, golf driving ranges, polo fields,
athletic fields, parking lots, all of which involve only the open use of land without
permanent structures or improvements.
4. Temporary and readily removable structures accessory to agricultural uses.
D. Prohibited uses. The following uses are specifically prohibited in the D district:
1. Excavations that will tend to broaden the floodplain or direct flood flows out of the
natural floodplain.
2. Landfills, improvements, developments, or other encroachments that would
increase water surface elevations of the 100-year flood more than 1 foot or that
cannot be fully offset by stream improvements.
3. Storage of floatable substances or materials which will add to the debris load of a
stream or watercourse.
28-91 Chapter 25 . 28 Overlay Districts
E. Development standards. The property development standards of the underlying zone
shall apply insofar as they pertain to the uses of this district.
F. Precise plan review. All development shall be subject to precise plan review as
prescribed in Section 25.72.030 (Precise Plan).
G. Special standards.
1. Development of hillside canyon areas shall not occur until hydrology is submitted
which specifies techniques for management of runoff. The exact location of
development shall include the determination resulting from a hydraulic study.
2. Other standards required under conditional use permits shall also apply.
25.28.100 Natural Factors/Restricted Development Overlay District
A. Purpose. The purpose of the Natural Factors/Restricted Development Overlay (N)
district is to provide for the continued availability of land for the conservation of natural
resources and the preservation and protection of wildlife habitat areas and areas with
significant natural vegetation as limited resources. The overlay district shall be applied
as determined to have the desired characteristics specified above as determined by the
Council through the amendment process.
B. Permitted uses. All uses permitted in the underlying district shall be permitted in this
district subject to careful consideration by the design review process of the preservation
of the unique natural element of the property.
C. Development standards. All the development standards and requirements set forth in
the underlying district shall be complied with. Additional standards for development may
be required by the precise plan review process to ensure that modification to existing
natural vegetation and any disturbance of the terrain and natural land features are
compatible with adjacent areas and will result in a minimum disruption to the wildlife
habitat and natural vegetation on the site.
D. Cost of investigations. All costs and expenses incurred as a result of the requirements
of this chapter, including the cost and expenses of an independent review of the material
submitted under this chapter by qualified persons retained by the City, shall be borne by
the applicant.
E. Site plan review. All development within this overlay district shall be subject to a precise
plan review as provided in Section 25.72.030 (Precise Plan).
25.28.110 Seismic Hazard Overlay District
A. Purpose. The purpose of the Seismic Hazard Overlay (SH) district is to protect life and
property in the City from the hazards of seismic activity and to set requirements for the
level of earthquake consideration that must be incorporated into development proposals
prior to design and construction. The overlay district shall be applied to those areas that
are known to be within the SH overlay zone.
Chapter 25. 28 Overlay Districts 28-101 Page
PLANNING COMMISSION RESOLUTION NO.
B. Permitted uses. All uses permitted in the underlying district are permitted subject to the
obtaining of a conditional use permit approved by the Commission.
C. Site development standards. All the development standards and requirements set
forth in the underlying district shall be complied with. Standards and requirements in
excess of those in the underlying district may be required in the conditional use permit to
mitigate possible seismic-related impacts.
D. Geological soils investigation. All applications for a conditional use permit in the SH
district shall be accompanied by a combined in-depth geologic and soils investigation
prepared by a registered geologist, certified by the state as an engineering geologist,
and by a licensed civil engineer qualified in soil mechanics. Required geologic and soils
investigations shall be based on the following considerations:
1. Adequate geologic mapping, trenching, and boring to determine that surface
faulting and ground breakage has not occurred on the site and is unlikely to
occur in the future.
2. Adequate boring and field and laboratory testing to determine accurately the
subsurface profile and the static/dynamic properties of the soil/rock materials.
3. Thorough regional studies of all possible causative faults and fault systems which
could generate motions at the site.
4. Studies to determine the character of ground motions at the site.
5. Calculation of design response spectra, based on repetition, and on structural
properties (damping, ducting).
6. Careful dynamic design of cohesive structures with each element working as a
part of the entire structural system.
7. Thorough study of the ways in which the structure might disassemble if it were to
fail, and the inclusion of redundant backup features to control disassembly so
that outright collapse cannot occur.
8. Design of anchorage and bracing for all critical infrastructure systems (examples:
emergency power, heat, light, oxygen supply), based on factors derived from
dynamic analysis, providing generous and conservative safety factors. The
manufactured equipment and appurtenances purchased for such a facility should
be designed likewise.
E. Cost of investigation. All costs and expenses incurred as a result of the requirements
of this chapter, including the cost and expense of an independent review of the material
submitted under this chapter by qualified persons retained by the City, shall be borne by
the applicant for the conditional use permit.
F. Site plan review. All permitted uses, except single-family dwellings, and all conditional
uses shall be subject to precise plan review as prescribed in Section 25.72.030 (Precise
Plan).
28-111Page Chapter 25 . 2d 0 verlay Districts
25.28.120 Bermuda Dunes Airport Area
A. Purpose. The purpose of the Bermuda Dunes Airport Area (BDA) district is to Seismic
Hazard Overlay (SH) district is to adhere to the Bermuda Dunes Airport compatibility
regulations within the Airport Influence Boundary. The overlay district shall be applied to
those areas that are known to be within the BDA overlay zone, identified in the Riverside
County Airport Land Use Compatibility Plan Policy Document and Figure 25.29-1.
B. Permitted uses. All uses permitted in the underlying district are permitted subject to the
Riverside County Airport Land Use Compatibility Plan Policy Document.
Chapter 25. 28 Overlay Districts 28-121 Page
PLANNING COMMISSION RESOLUTION NO.
Table 25.28-1 Bermuda Dunes Airport Compatibility Plan
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28-13 Pac* e Chaster 25, 28 0 verlay Districts
EXHIBIT Al
CIT Y 0 f P 0 [ M 0 1 1 R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346—o6i i
info@cityofpalmdesert.org
June 8, 2017
Dear Palm Desert Property Owner,
You are invited to attend two upcoming public hearings where the Palm Desert Planning
Commission and the Palm Desert City Council will consider proposed changes to the City's
Zoning Ordinance that will affect your property.
The hearing before the Planning Commission will take place on Tuesday, June 20, at 6 p.m.
The hearing before the City Council will take place on Thursday, June 22, at 4 p.m.
Both public hearings will take place in the Council Chamber at City Hall, located at 73510 Fred
Waring Drive in Palm Desert.
The public hearings will provide you and other property owners with opportunities to share your
input regarding the proposed changes, which will alter your property's zoning to make it
consistent with the City's recently updated General Plan.
The proposed zoning changes are available for public review in the Planning Department at City
Hall from 8 a.m. to 5 p.m. Monday through Friday.
Comments regarding the proposed changes can be provided during the Public Hearing and in
writing prior to the hearing. Written protests may be submitted by mail or in person to the
Planning Department at 73510 Fred Waring Drive, Palm Desert, California, 92260, or at the
aforementioned public hearings and must be received prior to the end of the hearing's public
comment period. These comments are encouraged and welcomed as they are the only ones
that can be considered as part of any subsequent legal challenge to the amendments.
The City Council will consider all written protests, as well as comments made during the public
hearing, and then deliberate whether to adopt the proposed zoning changes.
For more information, please contact the City's Planning Department at 760-346-0611, ext.
483.
Sincerely,
Eric Ceja, Principal Planner
City of Palm Desert
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PLANNING COMMISSION RESOLUTION NO.
Exhibit A
Chapter 25.02 — Introductory Provisions
Sections in This Chapter
25.02.010 Title and Purpose..................................................................................02-1
25.02.030 Scope, Interpretation, and Application...................................................02-2
25.02.040 Administrative Responsibility.................................................................02-3
25.02.050 Rules and Interpretation........................................................................02-5
25.02.010 Title and Purpose
A. Title. This title shall be known as the Zoning Ordinance of the City.
B. Relation to the General Plan. The City Council has instituted a comprehensive
planning program in order to ensure that the anticipated growth within the City is
organized, planned, and coordinated in a manner that will not place undue burdens on
the City in its ability to provide urban services and facilities. This planning program has
culminated in the preparation and adoption of a comprehensive General Plan.
C. Role of Zoning Ordinance. Chapter 12 "Work Plan" of the General Plan recommends
implementation strategies to accomplish the goals and objectives found within that
document. In order to accomplish said goals and objectives the orderly development of
the City, and the elimination of haphazard land development, is required. Among the
methods noted is a regulatory Zoning Ordinance to govern the uses of land and the
density and intensity of development.
D. Purpose of Zoning Ordinance. The zoning regulations of the City are adopted to
protect, promote, and enhance the public health, safety, and general welfare, ensuring
that development within the City is related to the City's ability to provide essential urban
services and is consistent with the Palm Desert General Plan. More specifically, these
regulations are adopted to achieve the guiding principals identified in the General Plan
and include the following objectives:
1. Relate proposals for development to the provisions and recommendations of the
City's General Plan and ensure development is consistent with the guiding
principals of the General Plan. To meet the guiding principals development
proposals will be reviewed for their focus on: human-scale design, liveliness of
centers, complete streets, accessibility and connectivity, and quality of open
spaces.
2. Foster a harmonious, convenient, workable and connected relationship among
land uses.
3. Ensure that public and private lands ultimately are used for the purposes which
are most appropriate and most beneficial to the City as a whole.
4. Provide population densities that support and encourage pedestrian activities
such as walking and bicycling; that are connected to, and in proximity of, civic
02-11Page Chapter 25. 02 Introductory Provisions
and education uses, open spaces, and commercial and empl rJyemeZt
opportunities.
5. Foster an environment that ensures pedestrian amenities connect he
community, are designed to accommodate pedestrians and bicyclist, and are
convieniently located for the highest impact.
6. Forecast and plan for the City's ability to provide community facilities, utilities,
and services.
7. Ensure adequate consideration for urban design in the development process so
that new development enhances the City as it matures.
8. Provide provisions for adequate bicycle parking, off-street parking, shared
parking facilties, and off-street truck loading facilities.
9. Promote preservation of natural environmental features in the development and
use of land within the City.
10. Develop land use regulations that will encourage infill development and
redevelopment of existing sections of the City and provide for innovative
development in undeveloped areas.
25.02.030 Scope, Interpretation, and Application
A. Scope of Regulations. This title is adopted to implement the stated vision and
objectives of the General Plan of the City. To accomplish these objectives the City shall
regulate the use, location, area, and dimension of sites for development: the massing
and height of structures, the architectural quality and appearance of buildings, uses,
structures, connectivity, signs, open space, landscaping, access and egress, off-street
parking, and other such aspects of land use which may be deemed necessary for the
public peace, health, safety, and general welfare of the people working and living within
the City.
B. Authority for Regulations. The authority for the regulations contained within this title is
based on Section 7, Article XI of the California Constitution; the provisions of the
California Planning and Zoning Law which provide for the regulation of the intensity of
land uses, and the adoption of standards for the regulation of population density; and the
police power granted to municipalities by the laws of the State.
C. Applicability and Conformity. The provisions of this title are not intended to revoke any
easements, codes, covenants, and restrictions or other existing agreements which are
more restrictive than the provisions of this title. Unless otherwise specified, existing
development is not required to comply with new regulations. Any use or development
made nonconforming by new regulations is subject to the requirements of Chapter 25.62
(Nonconforming Provisions).
D. Relation to Less Restrictive Regulations. Whenever the provisions of this title impose
more restrictive regulations upon buildings or structures and the use of them or the use
of lands or premises and require larger open spaces or yards or setbacks than are
PLANNING COMMISSION RESOLUTION NO.
imposed by other ordinances, the provisions of this title or the rules or regulations
included within this title shall govern.
E. Effective in Incorporated City. The provisions of this title are declared to be in effect
upon all land within the incorporated jurisdiction of the City as exists or is hereafter
changed by annexation.
F. Relationship to Prior Ordinances. Any building for which a building permit has been
issued and is valid under the provisions of earlier ordinances of the City which are in
conflict with this title may be continued and completed in accordance with the plans and
specifications upon which the permit was issued.
G. Continuity. Notwithstanding the provisions of this chapter or any other provisions of this
title, no new or additional variance, conditional use permit, or license shall be required
for any land use heretofore authorized by the City or the County by a variance,
conditional use permit, building permit, license, or tentative or final tract map, provided
there has been substantial reliance upon the governmental entitlement mentioned in this
chapter and, provided further, that conditions thereof are complied with and that
substantial construction has begun on a portion of the project.
H. Procedure Regarding Pending Action. The repeal or substitution of any ordinance
shall not affect any prosecution which may be pending in any court for the violation of
any provision of the ordinance at time of the repeal or substitution.
I. Violation of Previous Ordinances. The substitution or repeal of any ordinance is not
deemed to ratify or legalize any violation of any provision of such ordinance nor to affect
the prosecution or punishment of any person, firm, or corporation for any act done or
committed in violation of any provision of the ordinance prior to the taking effect of this
title.
J. Conviction of Crimes Continued. Any ordinance to be repealed or substituted by this
title is deemed to continue and be in full force and effect for the purpose of prosecuting
and meeting punishment for any violation presently pending in any court.
25.02.040 Administrative Responsibility
California Government Code Section 65100 requires each jurisdiction to establish a planning
agency to carry out the land use and planning functions of the jurisdiction. The functions of the
planning agency, as designated by the title, shall be carried out by the following bodies. In the
absence of an assignment, the City Council shall retain responsibility and authority as the
legislative body of the City.
A. Zoning Administrator. The Zoning Administrator shall be appointed by the Director of
Community Development and shall have discretionary review authority over permits and
entitlements as specified in the ordinance, such as large family day care use permits,
adjustments, and administrative use permits.
B. Director of Community Development. The Director, or designee, shall have the
responsibility and authority to administer and enforce this title as follows:
02-31 P a g e C17 a p ter 2 5 . 0 2 1 n I r o d u c t o r y Provisions
1. Application Process. Receive and review all applications for development
pursuant to this title. Processing includes but is not limited to the certification of
completed applications, the establishment of a permanent file, posting of public
notices, collection of applicable fees, preparation of reports, processing of
appeals, and presentation of staff reports to the Architectural Review
Commission, Planning Commission, and City Council.
2. Interpretation. Interpret the provisions and advise the public on the requirements
of this title.
3. Amendment. Initiate action for amendment of this title where it is determined that
such amendment would better implement the General Plan goals and objectives
and increase its effectiveness and/or improve or clarify the contents of this title.
4. Permit issuance. Issue administrative permits, including certifications of use and
occupancy, temporary use permits, home-based business permits and other
designated permits under this title and certify that all such permits are in full
conformance with its requirements.
5. Coordination. Refer and coordinate matters related to the administration of this
title with other agencies and City departments and provide information on the
status of all development permits.
6. Authority. Serve as the administrative zoning body and exercise that authority set
forth in California Government Code Section 65900 et seq.
C. City Manager. The City Manager or designee shall oversee the work of the Director and
shall exercise such other powers and duties as are prescribed by state law or local
ordinance, or as directed by the City Council.
D. Architectural Review Commission. The City has established the Architectural Review
Commission to serve as a decision-making and advisory body with the following land
use responsibilities:
1. Hear and decide applications for entitlements as provided in this ordinance, such
as architecture and landscape design review, color changes, sign permits, and
comprehensive sign programs.
2. Hear appeals of the decision of the Zoning Administrator for design review and
signs.
3. Hear and make recommendations to the Planning Commission on applications
for precise plans, certain specific plans, certain variances, and new homes for
tentative tract map applications.
E. Planning Commission. Pursuant to California Government Code Section 65101, the
City of Palm Desert has an established Planning Commission. The Planning
Commission shall have the following land use responsibilities:
Chapter 25. 02 Introductory Provisions 02-41 Page
PLANNING COMMISSION RESOLUTION NO.
1. Hear and decide applications for enti :',-
provided in this ordinance such
as use determinations, precise ply ional use permits, condominium
conversion permits, tentative parcel a - maps, and variances.
2. Hear appeals of the decisions of the Zoning Administrator.
3. Initiate studies of amendments to this title and make recommendations to the
City Council for amendments as provided in this ordinance and in California
Government Code Section 65853.
4. Hear and make recommendations to the City Council on applications for specific
plans, zoning amendments (ordinance and map), the General Plan and
amendments thereto, prezonings, hillside development plans, and other related
planning studies.
5. Exercise such other powers and duties as are prescribed by state law or local
ordinance, or as directed by the City Council.
F. City Council. The City Council is the legislative body of the City and shall have the
following land use responsibilities:
1. Hear and decide all appeals.
2. Hear and decide applications for permits and entitlements as identified in this
ordinance, such as specific plans, zoning amendments (ordinance and map),
General Plan updates and amendments, prezonings, hillside development plans,
and development agreements.
3. Direct planning-related policy amendments and special studies as necessary or
desired.
4. Exercise such other powers and duties as are prescribed by state law or local
ordinance.
25.02.050 Rules and Interpretation
The Director of Community Development shall have the authority and responsibility to interpret
terms, provisions, and requirements of this code in accordance with the rules listed below.
A. Abbreviations. The following phrases, personnel, and document titles are shortened in
this code:
1. City of Palm Desert = City
2. Director of Community Development = Director
3. Zoning Administrator= ZA
4. Architectural Review Commission = ARC
5. Planning Commission = Commission
02-51Page Chapter 25 . 02 Introductory Provisions
6. City Council = Council
7. Community Development Department = Department
B. Terminology. The following rules apply to all provisions in this code:
1. Language. The words "shall," "will," "is to," and "are to" and similar words and
phrases are always mandatory. "Should" is not mandatory but is strongly
recommended, and "may" is permissive.
2. Tense and number. The present tense includes the past and future tense, and
the future tense includes the present. The singular number includes the plural,
and plural numbers include the singular unless the natural construction of the
word indicates otherwise.
3. Conjunctions. "And" indicates that all connected items or provisions shall apply.
"Or' indicates that the connected items or provisions may apply singly or in any
combination. "Either...or" indicates that the connected items and provisions shall
apply singly but not in combination. "Includes" and "including" shall mean
"including but not limited to."
4. Number of days. Whenever a number of days are specified in this code, or in any
entitlement, condition of approval or notice issued or given as provided in this
code, the number of days shall be construed as calendar days, unless business
days are specified. Time limits will extend to the following business day when the
last of the specified number of days falls on a day that the City is not open for
business.
C. Minimum Requirements. All provisions of this code are considered to be minimum
requirements, unless specifically stated otherwise.
D. Calculations — Rounding. Where any provision of this code requires calculation to
determine applicable requirements, any fractional/decimal results of the calculation shall
be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is
rounded down).
E. Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a use
or other item is not listed, it is not permitted unless the use is determined to be similar to
a listed use or use category.
F. Zone Boundaries. Where uncertainty exists as to the boundaries of any districts shown
on the official zoning map, the rules established under section 25.04.030 (Zoning Map)
apply.
G. Consistency of Text and Diagrams. Diagrams are provided within this code to
illustrate the requirements of the zoning code's text. In the event of conflict between the
text of this code and provided diagrams, the text shall determine the City's regulations.
H. Conflicts with other Regulations. Wherever conflict occurs between the provisions of
this title and any other provision of law, the more restrictive of any such provisions shall
apply.
Chapter 25 , 02 tntroduc tort' Provisions 02-61 teas e
EXHIBIT B
PLANNING COMMISSION RESOLUTION NO.
Exhibit B
Chapter 25.04 — Establishment of Zoning Districts
Sections in This Chapter
25.04.010 Purpose.................................................................................................04-1
25.04.020 Zoning Districts......................................................................................04-1
25.04.030 Zoning Map ...........................................................................................04-3
25.04.010 Purpose
This chapter establishes the framework for zoning districts within the city and their relationship
to the City's General Plan land use categories. This chapter also establishes the zoning map as
the official designation of zoning district boundaries.
25.04.020 Zoning Districts
The City is divided into zoning districts that are generally grouped into six categories: (A)
residential districts, (B) commercial districts, (C) industrial districts, (D) downtown districts, (E)
special districts, and (F) overlay districts. These districts implement the City's General Plan land
use categories as described in Table 25.04-1 (Zoning Districts). Each zone is further defined
and regulated in the subsequent sections of this chapter.
A. Residential Districts. Residential districts provide appropriately located areas for
residential living at a range of population densities consistent with the General Plan.
Development standards are in place to provide residential areas with sound standards of
public health and safety, and provide space for semipublic facilities needed to
complement urban residential areas, and for institutions that require a residential
environment.
B. Commercial Districts. Commercial districts provide appropriately located areas for
retail stores, offices, service establishments, amusement establishments, and
businesses, offering commodities and services required by residents and visitors of the
City and the surrounding market area. Development standards for specific land uses are
in place to ensure that these areas function appropriately and are compatible with
surrounding land uses.
C. Industrial Districts. The industrial districts allow for the manufacture, distribution, and
service of products intended primarily for local use within Palm Desert, its sphere of
influence, and surrounding communities. Land uses permitted in industrial districts also
include research and development facilities and high-caliber technological centers.
Development standards are included to ensure that industrial uses do not conflict with
the overall character of a community and are compatible with surrounding uses.
D. Special Districts. Special districts allow for the protection of open space and the
establishment or expansion of public facilities or change in the use of lands owned,
leased, or otherwise controlled by governmental agencies. Certain special districts also
allow for the establishment of quasi-public institutional uses, and the reservation of areas
04-11 P gage C h a p f e r 2 5 , 0 4 Estate /ishrnent of Z sanin g Districts
for parks, public or private recreation, open space, and related governmental public
uses.
E. Downtown Districts. The downtown district is intended for the development of high
intensity multi-story (3-5 stories) mixed-use development centered around the
intersection of San Pablo Avenue and Highway 111, inclusive of El Paseo, and
expanding east to west from Deep Canyon Road to Monterey Avenue. Development
standards are included to allow building types that facilitate the creation of a sense of
place, provide for high levels of pedestrian connections and interaction, and emphasize
small block sizes and building form.
F. Overlay Districts. The purpose of the overlay districts is to allow the City to adequately
provide for special environmental constraints and to provide additional flexibility of
development standards for desired development within the City. Furthermore, overlay
districts are utilized:
1. To allow more flexibility from the standard provisions of the underlying base
zone.
2. When special provisions are needed to protect unique site features or implement
location-specific provisions.
3. To specify a particular standard or guideline for an area.
In the event of a conflict between an overlay district and any base zoning district
(residential, commercial, industrial, or special district) the provisions of the overlay
district apply.
Table 25.04-1: Zoning Districts
Symbol Zoning District Name/Description General Plan land Use Designation
Implemented by Zoning District
Residential Zoning Districts
RE Estate Residential Rural Neighborhood
R-1 M Single-Family/Mobile Home Residential Conventional Suburban Neighborhood, Small
Town Neighborhood
R-1 Single-Family Residential Conventional Suburban Neighborhood
R-2 Mixed Residential Small Town Neighborhood
R-3 Multi-Family Residential Small Town Neighborhood, Town Center
Neighborhood
HPR Hillside Planned Residential Rural Neighborhood
PR Planned Residential Town Center Neighborhood, Resort and
Entertainment
Commercial Districts
OP Office Professional District Employment
PC Planned Commercial Districts Varies
PC-1 Specialty Commercial Center Neighborhood Center
Chapter 25. 04 Establishment of Zonig Districts 04-21 Page
PLANNING COMMISSION RESOLUTION NO.
Symbol Zoning District Name/Description General Plan Land Use Designation
Implemented by Zoning District
PC-2 District Commercial Center Suburban Retail Center
PC-3 Regional Center Regional Retail
PC-4 Resort Center Resort and Entertainment
Industrial Districts
SI Service Industrial District Employment, Industrial
Downtown
D Downtown Downtown
DE Downtown Edge Downtown
Special Districts
P Public/Institutional District Public Facility/Institution
OS Open Space District Open Space(OS)
Overlay Districts
DO Downtown Core Overlay Downtown
DEO Downtown Edge Transition Overlay Downtown
so Senior Housing Overlay Varies
MU Mixed Use Overlay Varies
EP El Paseo Pedestrian Commercial Overlay Downtown
SIP Scenic Preservation Overlay Varies
D Drainageway, Floodplain,Watercourse Overlay Open Space
N Natural Features/Restricted Development Overlay Varies
FCOZ Freeway Commercial Overlay Zone Varies—1-10 Intersections
BDAA Bermuda Dunes Airport Area Washington Street area—See map on file
25.04.030 Zoning Map
The City of Palm Desert Zoning Map (hereafter referred to as the Zoning Map) is the official
designation of zoning district boundaries on real property within the City. The Zoning Map shall
be regulated as set forth below.
A. Incorporated by Reference. The Zoning Map is hereby incorporated into this zoning
code by reference as though it were fully included and as adopted by the City Council.
B. Map Amendments. Amendments to the Zoning Map shall follow the process
established in Section 25.78.040 (Amendments —Zoning Map).
C. Relationship to General Plan and other Plans. The Zoning Map shall implement and
shall be consistent with the City's adopted General Plan. The Zoning Map shall be
specifically consistent with the General Plan land use plan and any adopted specific
plans.
D. Zoning District Symbol. Zoning districts shall be illustrated on the Zoning Map as
follows:
04-31 " 11
Chapter 25. 04 Establishmer , of Zoning Districts
1. Each residential, commercial, industrial, downtown, or special zoning district shall
be described on the Zoning Map by use of its identified zoning district symbol, as
listed in Table 25.04-1 (Zoning Districts).
2. Overlay districts shall be designated by their representative symbol along with
any related residential, commercial, industrial, downtown, or special base zoning
district in a format determined by the ZA.
E. Zoning Map Interpretation. If there is uncertainty about the location of any zoning
district boundary shown on the Zoning Map, the precise location of the boundary shall be
determined by the Zoning Administrator as follows:
1. The boundaries of a zoning district shall be the centerlines of either streets or
alleys, or lot lines of real property, unless otherwise shown. Where a district's
boundaries approximately follow centerlines or lot lines, those lines shall be
interpreted as the district boundaries.
2. If a district boundary divides a parcel and the boundary line location is not
specified by distances printed on the Zoning Map, the location of the boundary
shall be determined by the ZA. Each portion of the property shall be developed to
the standards and allowed use provisions of the applied zoning district and any
applied overlay or special zone(s).
3. Where the street layout on the ground or the lot lines differ from such layout or
lines shown on the zoning map, the ZA shall determine the exact boundary and
the map shall be amended to conform to the layout on the ground.
4. Where a public street or alley is officially vacated or abandoned, the property that
was formerly in the street or alley shall be included within the zoning district of
the adjoining property on either side of the centerline of the vacated or
abandoned street or alley.
Chapter 25. 04 Establishment of Zonig Districts 04-41 Page
EXHIBIT C
PLANNING COMMISSION RESOLUTION NO.
Exhibit C mod-
Chapter 25.10 — Residential Districts
Sections in This Chapter
25.10.010 Purpose ................................................................................................10-1
25.10.020 Characteristics of the Residential Districts ...........................................10-1
25.10.030 Allowed Land Uses and Permits Required ...........................................10-2
25.10.040 Specific Use Standards.........................................................................10-4
25.10.050 Development Standards........................................................................10-7
25.10.010 Purpose
The purpose of this chapter is to establish residential zoning districts in the City, along with
allowed use and development standards applicable to those districts. These districts are
consistent with and implement the City's General Plan neighborhood land use categories as
indicated in Table 25.04-1 (Zoning Districts).
25.10.020 Characteristics of the Residential Districts
The following descriptions of each residential district identify the characteristic uses, density,
intensity of uses and the types of development intended for that district.
A. Estate Residential District (RE). The district is intended to provide low intensity and
neighborhood development (0.5 - 1.0 du/ac) and generally is characterized by limited
development on large properties and preservation of natural features and open space.
B. Single Family / Mobile Home Residential District (R-1 M). This district provides for
the permanent placement and occupancy of single family dwelling units, factory built or
manfucatored dwelling units and mobile homes for residential purposes on purchased,
rented or leased lots. The district is characterized as having moderated density (4.0 -
7.0 du/ac)focused around community space and amenities with walkable streetscapes.
C. Single Family Residential District (R-1). The intent of this district is to encourage the
preservation and development of traditional residential neighborhoods. The district
provides for low intensity development (2.0 - 8.0 du/ac) generally characterized by
single-family homes - '-`- +®^G�+rCm�sf1'►rn'iIt'r#�m�hrr�tr.�+h
organized around formal and walkable streetscapes.
D. Mixed Residential District (R-2). The intent of this district is to provide moderate
intensity and density (3.0 - 10.0 du/ac) for neighborhood development. Neighborhoods
are characterized by a variety of housing choices and mixed-uses. Buildings are
organized around formal and walkable streetscapes with high levels of pedestrian
connectivity.
E. Multifamily Residential District (R-3). The intent of this district is to provide suitable
areas for moderate to higher intensity and density (7.0 - 40.0 du/ac) for residential
development and small scale commercial activity.The zoning district is characterized by
higher density residential development and mixed-uses in proximity to retail and
10-11 P gage Chapter, 25 , 10 side nt al Districts
commercial services. Buildings are organized around formal streetscapes with a variety
of plazas and other pedestrian amenites and open spaces that are highly connected to
surrounding development.
F. Hillside Planned Residential District (HPR). The purpose of the hillside planned
residential district is to provide for the lowest intensity (0.2 du/ac) of residential
development by minimizing the grading of hillside areas and to preserve the natural
contours of the land by avoiding extensive cut and fill of slopes that result in a padding or
staircase effect within the development. This district is characterized by the preservation
of natural features and protected viewsheds, architecture and landscape design that
blends with the natural terrain, and informal and natural streetscapes that follow the
topography of the land.
G. Planned Residential District (PR). The purpose of this district is to provide for
flexibility in residential development, by encouraging creative and imaginative design,
and the development of parcels of land as coordinated projects involving a mixture of
residential densities (4.0 — 40.0 du/ac), mixed housing types, and community facilities.
The district is charactersized as providing for the optimum integration of urban and
natural amenities within developments and is organized around formal, walkable, and
highly connected streetscapes.
25.10.030 Allowed Land Uses and Permit Requirements
Table 25.10-1 "Use Matrix for Residential Districts" below identifies land uses and
corresponding permit requirements for residential districts and all other provisions of this Title.
Descriptions/definitions of the land uses can be found in Chapter 25.99 "Definitions". The
Special Use Provisions column in the table identifies the specific chapter or section where
additional regulations for that use type are located within this Title.
Use regulations in the table are shown with a representative symbol by use classification listing:
"P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an
administrative use permit, "L" symbolizes uses that require approval of a large family day care
use permit, "C" symbolizes uses that require approval of a conditional use permit, and "N"
symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the
Commission may make a use determination as outlined in Section 25.72.020 (Use
Determinations).
Table 25.10-1: Use Matrix for Residential Districts
Residential Zoning District
(P=Permitted A=Administrative Use Permit; L=Large Special Use
Family Day Care Use Permit; C=Conditional Use Provisions
Permit;N=Not Permitted
RE R-1 R-2 R-3 I R-1M HPR PR
Residential Uses
Assisted Living N C I C C N N C
Condominium N N C C N N C
Dwelling, duplex N N P P N N N
Dwelling, multifamily N N P P N N N 25.10.040.A
Chapter 2 , 10 Residential Districts 10-21 Pugs
PLANNING COMMISSION RESOLUTION NO.
Residential Zoning District
(P=Permitted; A=Administrative Use Permit; L=Large Special Use
Family Day Care Use Permit; C=Conditional Use Provisions
Permit;N=Not Permitted
RE R-1 R-2 R-3 R-11VI HPR PR
Dwelling, second P P P P N P P 25.34.030
Dwelling, single-family P P P N N P P
Farmworker housing N N N N N N N
Group home P P P N N P N 25.10.040.E
Guest dwelling P P P N N P
Home-based business P P P P P P P
Manufactured home parks N N N N C N N
Planned unit development, N N C C N C C 25.10.040.0
residential
Transitional and supportive housing see footnote 1
Agriculture-Related Uses
Apiary P P P N N P P
Botanical conservatory A N N N N N N
Crops and horticulture, limited A N N N N N N
Domestic animals P P P P P P P
Garden, private P P P P P P P
Greenhouse, commercial C N N N N N N
Greenhouse, private P P P A A P P
Horticulture, private P P P P P P P
Kennel C N N N N N C 25.10.040.D
Livestock raising, noncommercial C N N N N N N
Nursery C N N N N N N
Orchard A N N N N N N
Stable, boarding A N N N N N N 25.10.040.E
Stable, private A N N N N I N N 25.10.040.E
Recreation, Resource Preservation, Open Space, and Public Assembly Uses
Cemetery N N N N N N C
Community facility N N N N N N C
Club, private N N C C N N C
Crematory N N N N N N N
Day care, large family L L L L L L L 25.10.040.F
Day care, small family P P P P P P P
Institution, educationa12 C C C C C N C
Institution, genera12 N N N C N N C
10-31 PagP Chapter 25 . 10 Residential Districts
Residential Zoning District
(P=Permitted; A=Administrative Use Permit; L=Large Special Use
Family Day Care Use Permit; C=Conditional Use Provisions
Permit;N=Not Permitted
RE R-1 R-2 R-3 RAM HPR PR
Institution, religious C C C C N N C
Public park P P P P P P P
Recreational use, commercial N N N N N N C 25.10.040.G
Recreational vehicle park N N N N C N C
Recreation facility, commercial N N N N N N N
Recreation facility, incidental C C C C C N C 25.10.040.1-1
Recreation facility, private P N N P P N P
Recreation facility, public C C C C C N C
Utility, Transportation, Public Facility, and Communication Uses
Electric substation N N N N N N N
Fire station C C C C N N C
Public service facility C C C C C N N
Public utility C C C C C N N
Utility facility N N N N N N C
Retail, Service, and Office Uses
Bed and breakfast C N N C N N N
Commercial parking lot N C N C N N N 25.10.040.1
Condominium hotel, converted N N C C N N C
Hospital N N C C N N C
Hotel N N N C N N N 25.10.040.J
Neighborhood government office N N C C N N N 25.10.040.K
Office parking lot N C C C N N N 25.10.040.1-
Professional office N N C C N N N 25.10.040.M
Resort hotel N N N C N N C 25.10.040.J
Timeshares N N N N N N C
Temporary Uses
See Section 25.34.080
Footnotes:
1. Transitional and supportive housing shall be subject to only those restrictions that apply to other residential uses of the same type
in the same zone.
2. Trade schools are not permitted
25.10.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.10-1 (Use Matrix for
Residential Districts):
Chapter 25 , 10 Ales ictentiraI Distrir. t 10-4
PLANNING COMMISSION RESOLUTION NO.
A. ultifamily. Multifamily dwelling units are permitted within the R-2 district up to a
maximum of 10 dwelling units per acre, or as indicated on the zoning map. Multifamily
welling units are permitted within the R-3 district up to a maximum of 40 dwelling units
per acre, or as indicated on the zoning map. # -' �
B. Group Home. When permitted according to Table 25.10-1 (Use Matrix for Residential
Districts), group homes are limited to six or fewer residents.
C. Planned Residential. Cluster development and/or condominiums are permitted as part
of a planned development.
D. Kennel. Excluding domestic pets, all boarding for animals or fowl must be at least 100
feet away from any neighboring residential home.
E. Stables. The stabling of horses (or mules) is permitted with an administrative use permit
in the residential estate district subject to the following provisions:
1. Two standard horses (or mules) over 14.2 hands, 58 inches shall be permitted on
a lot of 40,000 square feet minimum area with a total number of horses all sizes
not exceeding three. (This would allow one additional pony or the temporary
keeping of one foal)
2. Horses must be kept within a corral and/or enclosed stable of the following
minimum dimensions:
i. Corral. 288 square feet per horse; minimum dimensions of 12 by 24 feet,
and one-third shaded.
ii. Stable. 144 square feet, minimum dimension 12 feet by 12 feet per horse.
Stable shall be ventilated for the desert environment.
iii. Construction. Corrals and stables shall be constructed of material and in
such a manner to adequately contain the horses.
3. Barns, corrals or stables constructed to maintain horses shall be located not less
than 35 feet from any residence or habitable structure on the same lot and not
less than 50 feet from any residence or habitable structure on adjacent lots.
Barns, corrals, or stables may be located within 50 feet of a front property line if
the finding can be made that the design and appearance of such structures are
compatible with surrounding properties. No horses shall be permitted within 100
feet of an adjacent property not zoned RE (i.e., R1, O.P., PR).
4. Animal manure shall be stored in appropriate receptacles and properly disposed
of not less than once per week.
5. Barns, corrals, or stables shall be cleaned and maintained such that dust, flies,
and odors shall not create a nuisance for adjacent properties and not less than
once per day.
.........
10-51Page Chapter 25. 10 Residential Districts
F. Large Family Day Care. Large family day care facilities require the issuance of a large
family day care use permit in accordance with Section 25.64.020. and are permitted
subject to the following requirements:
1. Space and concentration. Properties proposed for use as large family day care
homes shall be located no closer than 300 feet in all directions from another
large family day care home. An adjustment may be granted according to Chapter
25.64.030 (Adjustments) of this ordinance to reduce this distance to no more
than 100 feet.
2. Traffic control. A traffic circulation plan shall be designed to diminish traffic safety
problems. Residences located on major arterial streets (as shown on the General
Plan circulation map) must provide a drop-off/pick-up area designed to prevent
vehicles from backing onto the arterial roadway. The applicant may be required
to submit a plan of staggered drop-off and pick-up time ranges to reduce
congestion in neighborhoods already identified as having traffic congestion
problems.
3. Parking. All homes used for large family day care facilities shall provide at least
three automobile parking spaces, no more than one of which may be provided in
a garage or carport. Parking may be on-street if contiguous to property. These
may include spaces already provided to fulfill residential parking requirements.
4. Noise control. Operation of the facility shall comply with all provisions of Chapter
9.24 (Noise Control) of the Palm Desert Municipal Code. Additional conditions
may be placed on use permits to reduce noise impact if ongoing problems exist.
5. Signage. No signs or other exterior markings identifying a large family day care
operation shall be allowed on the applicant's home.
6. Residency. The applicant must be a primary resident of the home that is
proposed as a large family day care home.
7. Contact Person. The current name(s) and telephone number(s) of the applicant,
and all other operators if different from the applicant, of the family day care home
shall be on file with the City at all times.
8. State Licensing. All appropriate licensing from the California Department of
Social Services shall be obtained prior to commencing operation of any large
family day care home in the City.
9. Building and Fire Code Compliance. Consistent with Section 1597.46 of the
Health and Safety Code, the proposed large family day care home must comply
with all building and fire code provisions applicable to single-family residences,
and with such additional standards as the State Fire Marshal, from time to time,
adopts pursuant to Section 1597.46(d) of the Health and Safety Code to promote
the fire and life safety of children in large family day care homes. (See Title 22 of
the California Code of Regulations.)
10. Smoking Restricted. Consistent with Section 1596.795 of the Health and Safety
Code, smoking of tobacco and other substances—whether in pipe, cigar, or
................_.. .._
Chapter 25. 10 Residential Districts 10-6 1
PLANNING COMMISSION RESOLUTION NO.
cigarette form—shall not be allowed in the applicant's home during its hours of
operation as a large family day care home with respect to those areas of the
home where children are present.
11. Proof of Control. No use permit shall be issued unless the applicant can
demonstrate legal authority and control over the real property proposed to be
used as a large family day care home.
G. Recreational Use, commercial. Commercial recreation uses are limited to the PR zone
only with the issuance of a conditional use permit when not directly related to a permitted
residential development.
H. Recreation Facility, incidental. Limited commercial uses are authorized as part of this
use classification which are commonly associated with and directly related to the primary
use.
I. Commercial Parking Lot. Parking lots that service commercial establishments are
permitted within 300 feet of the related commercial establishment.
J. Hotel and Resort Hotel. In the R-3 zoning district, these uses are permitted up to a
maximum of 40 units per gross acre with the issuance of a conditional use permit. In the
PR zoning district, the maximum density shall be approved by the Commission or
Council.
K. Government Office Building. Small neighborhood government office buildings are
permitted up to 5,000 square feet in size.
L. Office Parking Lot. Parking lots that serve office developments are permitted when
located directly adjacent to the office professional zone and consistent with
recommendations of the General Plan.
M. Professional Office within Residential District. These uses are permitted with the
issuance of a conditional use permit, provided property to be developed is abutting or
across the street, or across an alley from commercially zoned property. Residential
development standards are to be used to ensure compatibility.
25.10.050 Development Standards
The development standards on Table 25.10-3 (Residential Zoning District Development
Standards) are applicable to the residential zoning districts. These standards, along with other
development standards (e.g., landscaping requirements, signs, and parking standards) in this
title, are intended to assist property owners and project designers in understanding the City's
minimum requirements and expectations for high-quality development.
A. Hillside Planned Residential Development Standards. The following standards must
be met prior to the approval of a hillside development plan as described in Section
25.78.020:
1. Density. Each lot shall be limited to a maximum of one unit per five acres. All lots
will be entitled to at least one unit.
10-71Page Chapter 25. 10 Residential Districts
2. Grading. Location of building pads and access roads shall be evaluated,
approved, or adjusted based on consistency with the following:
i. Preserved natural contours of the land to avoid extensive cut and fill
slopes to reduce the need for a staircase effect within developments.
ii. Architecture and landscape design which blends with the natural terrain to
the greatest practical extent.
iii. Retention and protection of undisturbed viewsheds, natural landmarks,
and features including vistas and the natural skyline as integral elements.
iv. Building Pad Area. The maximum area permanently disturbed by grading
shall not exceed 10,000 square feet.
v. Access Road or Driveway. Maximum permanent grading disturbance of
natural terrain for development of access to the approved building pad
shall be 3,000 square feet. Roads shall be located and designed to blend
with the natural terrain to the greatest practical extent consistent with the
grading provisions listed in paragraph 2 above.
vi. Renaturalization. All cuts, fills, or other areas temporarily disturbed by
grading shall be re-naturalized, colored, and landscaped to blend with the
adjacent undisturbed natural terrain to the satisfaction of the City council.
3. Maximum Dwelling Unit Size. Total dwelling unit, garage and accessory building
size on any one lot shall not exceed 4,000 square feet.
4. Exception. The standards of subsections A.1 through A.3 of this section shall be
required unless modified by one of the following:
i. Precise Plan. The Commission and Council may approve a precise plan
of design through public hearing process that modifies the standards in
subsection A.1 through A.3. Said precise plan shall take into
consideration any and all circumstances, including, but not limited to,
J viewshed, topography, color, texture, and profile of any structure that the
Commission or Council may determine to be in conformity with the
purposes set forth in this section.
5. Previously approved existing building pads shall be subject to the standard
coverage limitations of 35 percent, which may be increased up to 50 percent with
ARC approval. Any change to an existing approved building pad shall require a
new public hearing subject to the provisions of this chapter.
6. Development on or across ridges is prohibited.
7. Building pads and architecture shall be designed to eliminate or minimize any
visual impact on the City to the maximum extent feasible.
Chapter 25. 10 Resident 10-8 1
PLANNING COMMISSION RESOLUTION NO.
8. All common open space shall be preserved for that purpose as shown in the
development plan. The developer shall choose one or a combination of the
following three methods of administering common open space:
i. Dedication of common open space to the City, which is subject to formal
acceptance.
ii. Establishment of an association or nonprofit corporation of all property
owners or corporations within the project area to ensure perpetual
maintenance of all common open space.
iii. Retention of ownership, control, and maintenance of all common open
space by the developer; all privately owned common open space shall
continue as such and shall only be used in accordance with the
development plan; appropriate land use restrictions shall be contained in
all deeds to ensure that the common open space is permanently
preserved according to the development plan; said deed restrictions shall
run with the land and be for the benefit of present as well as future
property owners, and shall contain a prohibition against partition of
common open space.
9. Design Criteria. The following design criteria are established:
i. The overall plan shall achieve an integrated land and building
relationship.
ii. Open spaces, pedestrian and vehicular circulation facilities, parking
facilities, and other pertinent amenities shall be an integral part of the
landscape and particular attention shall be given to the retention of
natural landscape features of the site.
iii. The layout of structures and other facilities shall effect a conservation in
street and utility improvements.
iv. Recreational areas, active and passive, shall be generally dispersed
throughout the development and shall be easily accessible from all
dwelling units.
v. Architectural unity and harmony within the development and with the
surrounding properties shall be attained.
B. Planned Residential District Standards.
1. Purpose. It is the purpose of the PR district to provide for flexibility in
development, creative and imaginative design, and the development of parcels of
land as coordinated projects involving a mixture of residential densities and
housing types, and community facilities. The PR district is further intended to
provide for the optimum integration of urban and natural amenities within
developments. The PR district is also established to give a land developer
assurance that innovative and unique land development techniques will be given
reasonable consideration for approval and to provide the City with assurances
10-91 'age Chapter 25. 10 Residential Districts
that the completed project will contain the character envisioned at the time of
approval.
2. Filing Procedure. To initiate the review process, the applicant shall file
applications for a change of zone (if needed) to a PR district along with a precise
plan, tentative tract/parcel map and supporting environmental documentation.
3. Maximum Project Densities. The maximum project density shall be as expressed
in dwelling units per gross acre of not more than the number following the zoning
symbol PR. The Council shall determine the densities to be allowed within each
PR district at the time the involved properties are rezoned and as designated on
the zoning map within the following range: one to 40 dwelling units maximum per
average gross acre. The density designation shall mean dwelling units per
average gross acre. For example, PR-7 means a planned residential
development with seven units per gross acre.
4. Maximum Density for "Affordable Projects." For projects containing at least 20
percent units affordable to low income households as defined by the Riverside
County Housing Authority, a maximum density of 55 dwelling units per acre may
be allowed by precise plan. To be eligible for this program, the developer must
enter into a development agreement which will tie the zoning designation and the
precise plan approval to affordable housing performance standards.
5. Development Standards Applicable. All areas within the project site shall be
subject to the following:
i. The standards for development of PR districts set forth in this chapter and
any supplemental standards for the planned community designated in the
precise plan.
ii. Off-street parking and loading requirements. All parking and loading shall
comply with the provisions of Chapter 25.46.
iii. Utilities. For provisions regarding utilities, see Section 25.40.120.
iv. Signs. All signs shall be in compliance with Chapter 25.56.
v. Outside storage. No outside storage shall exceed the height of actual
perimeter screening.
vi. Screening. All screening requirements for developments within the PR
district shall be determined by the ARC during review of the precise plan.
vii. Trash handling. Trash handling facilities shall be provided for all
developments within the PR district with the exception of single-family
detached dwellings. A trash enclosure will be provided for all but
excepted uses, unless the proposed location of the trash area is
completely enclosed by walls or buildings. The freestanding trash
enclosure shall be constructed of masonry block. No trash shall be
allowed to extend above or beyond the enclosure.
Chapter 25. 10 Residential Distric 10- 10
PLANNING COMMISSION RESOLUTION NO.
6. Site Plan Review. Review of a site plan by Planning Department staff shall be
required before a building permit is issued for any development in the PR district.
7. Special Standards. In addition to requiring all development plans to comply with
the following special standards the Council and/or Commission may impose such
other conditions to the development plan as it deems necessary or desirable in
carrying out the general purpose and intent of this chapter.
i. Minimum Project Area. Projects of less than 7 dwelling units per acre
shall have a minimum area of 5 acres. Projects of 7 to 18 dwelling units
per acre shall have a minimum area of 10 acres. Projects with 18+
dwelling units per acre shall have a minimum area greater than 10 acres.
ii. Minimum Project Width. Projects of less than 7 dwelling units per acre
shall have a minimum width of 200 feet. Projects of 7 to 18 dwelling units
per acre shall have a minimum width of 250 feet. Projects with 18+
dwelling units per acre shall have a minimum width greater than 300 feet.
iii. Minimum Project Perimeter Setback. The minimum perimeter setback
shall be 20 feet from all property lines adjacent to existing or proposed
public streets.
iv. Minimum project building coverage. Projects of less than 7 dwelling units
per acre shall have a maximum building coverage of 40 percent. Projects
of 7 to 18 dwelling units per acre shall have a maximum building
coverage of 50 percent. Projects with 18+ dwelling units per acre shall
have a maximum building coverage of 80 percent.
v. Minimum lot area. For single-family detached, the minimum lot area shall
be as approved by the development plan. For single-family attached, the
minimum lot area shall be 2,500 square feet. For a two-story dwelling, the
minimum lot area shall be 3,000 square feet. For multiple-family buildings,
the minimum lot area shall be as approved on the tract map.
8. Minimum yards — Development standards.
i. For single-family attached, two-story family dwellings and multiple-family
buildings, the minimum front, side and rear yards shall be as approved on
the tract map.
9. Minimum Separation Between Sides of Buildings. For single-story, single-family
detached buildings there shall be a minimum of 7 feet between sides. For two-
story, single-family detached buildings there shall be a minimum of 10 feet
between two-story elements.
10. Minimum common open space.
i. Projects of less than 7 dwelling units per acre shall have a minimum
common open space of 30 percent of the net area.
10-111Page Chapter 25. 10 Residential Districts
ii. Projects of 7 to 18 dwelling units per acre shall have a minimum common
open space of 20 percent of the net area.
iii. At least 50 percent of all required common open space shall be
approximately level, defined as not more than 13.5 percent grade.
iv. The common open space shall be land within the total development site
used for recreational, including buildings used for recreation purposes,
parks or environmental purposes for enjoyment by occupants of the
development and their guests, or dedicated to the City for public parks.
V. Common open space shall not include public or private streets,
driveways, private yards, or patios and parking areas.
11. Building Height. The maximum building height in a PR district shall be 40 feet or
three-story, whichever is less, or as approved by the Planning Commission.
12. Maximum Dwelling Units per Building. The maximum number of dwelling units
per building shall be as approved by the Planning Commission.
13. Required Width of Private Roads. With no parking, the private roads shall be 20
feet wide. With parking on one side, 32 feet wide. With parking on two sides, 40
feet wide. The roadways shall be a minimum of asphaltic concrete with concrete
curbs and gutters as approved by the Director. Standards of design and
construction of roadways, both public and private, within the project may be
modified as is deemed appropriate by the City, especially where it is found that
the development plan provides for the separation of vehicular and pedestrian
circulation patterns and provides for adequate off-street parking facilities.
14. RV Park Standards. The following standards apply to recreational vehicle parks:
i. Minimum project size of 5 acres;
ii. Maximum density of 12 spaces per acre;
iii. Minimum space area of 1,500 square feet, minimum dimension 30 feet by
50 feet;
iv. Minimum 40 percent common open space/recreation area;
v. Front project setback adjacent to public street of 25 feet with combination
of 6-foot masonry wall and landscaping to screen all recreation vehicles;
vi. Interior property lines to be bounded by 6-foot masonry wall and at least
10 feet of landscaping;
vii. Projects may be single-use or developed as part of a larger resort or
residential development;
viii. RV parks shall be taxed as a transient occupancy use;
...._............
Chapter 25. 10 Residential Districts 10- 12
PLANNING COMMISSION RESOLUTION NO.
ix. Permitted Accessory Uses. Private recreational facilities and limited
commercial directly associated with primary use as approved by
Commission.
15. Building Setbacks from the Planned Street Line. The minimum setback in all
residential developments within the PR district shall be the designated distances
from the ultimate right-of-way line of the streets specified in this title unless
otherwise provided in this section:
Table 25.10-2: Setbacks from Planned Street Lines
Street Type Setback Distance
Freeway 50 feet
Major 32 feet
Arterial 32 feet
Collector 25 feet
Local 25 feet
16. Two-story, single-family detached building setbacks from project perimeter:
i. The minimum setback shall be 100 feet or one lot depth, whichever is
more.
ii. The Commission may waive interior setback requirements when adjacent
developments are planned simultaneously.
17. Development standards within the PR districts may be modified through the
precise plan process as specified in Section 25.72.030.
18. Approval Criteria. The Commission and/or Council may approve a precise plan
only after finding that the requirements of this title and other ordinances affecting
the property have been satisfied. In granting such approval, the
Commission/Council may impose and enforce such specific conditions as to site
development, phasing and building construction, and maintenance and operation
as it deems necessary to carry out the purposes of this title and the General
Plan. All development within the PR district shall comply with the development
plan as approved and adopted by the Commission/Council.
10-131Parge C; taa { ter 2 5 . 10 R esidentia/ Districts
Measurement/Zoning hM' HPR4 P.R.S
Residential Density
Density(du/ac), min—max 1 1/5 ac 4-40
Lot Dimensions
Lot size, min /5,000 — -
sf
Lot size, max max — -
Lot width, min )0'
Lot depth, min _
Setbacks
Front yard, min /5' _
Side yard,min /5'
Combined both sides, min
Street side yard, min
Rear yard, min /5' _
Residential accessory structures
Coverage.
Lot coverage, max percentage of_ 10% 50%
Building Measurements
Height, max 81
Number of Stories, max. ; 1
Dwelling unit size, min _
Dwelling unit size, max - 4,000 sf
Site area per dwelling unit, min _ _
Building pad area, max - 10,000 sf
Open Space
Group usable open space per dw� _
Notes
1. The dimension requirements included in this colun
2. Lot coverage may be increased to as much as 501
3. All development standards are based on the squaquare feet. Confirm standards with Planning Division staff for correct
zoning designation and lot size development stanc
4. Hillside Development Plan approval process in Sep
5. The standards and guidelines presented in this sement Plan may be appropriate with the application of innovative and
unique design techniques in keeping with the char
6. Setbacks within the Palm Desert Country Club in F
7. Allowable maximum building height is 18'with app.
This page has been intentionally left blank.
10-15 1 P a eater 25. 10 Residential Districts
Figure 25.10-1 Palm Desert Country Club Setbacks
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Ai
44 X3$ir _ Lf J
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3
t
T
......_...._. : r a i-
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i� i
-T
t �.'11 1Y
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w
—•-- City Boundary
R-1 and R-2 Parcels within the Palm Desert Country Club
Palm Desert Country Club
10-171Page Chapter 25. 10 Residential Districts
EXHIBIT D
PLANNING COMMISSION RESOLUTION NO.
Exhibit D
Chapter 25.16 — Commercial and Industrial Districts
Sections in This Chapter
25.16.010 Purpose.................................................................................................16-1
25.16.020 Characteristics of the Commercial and Industrial Districts ....................16-1
25.16.030 Allowed Land Uses and Permit Requirements......................................16-2
25.16.040 Specific Use Standards.........................................................................16-3
25.16.050 Development Standards........................................................................16-6
25.16.010 Purpose
The purpose of this chapter is to establish commercial and industrial zoning districts in the City,
along with allowed use and development standards applicable to those districts. These districts
are consistent with and implement the City's General plan commercial and industrial district and
center land use categories as indicated in Table 25.04-1 (Zoning Districts).
25.16.020 Characteristics of the Commercial and Industrial Districts
The following descriptions of each district identify the characteristic uses, intensity of uses, and
intended level of development for that district.
A. Office Professional (OP). This district is intended for various levels of intensities for
business, office, administrative, research and development, and/or professional land
uses. This district is characterized by urban streetscapes with formal tree arrangements
and larger block sizes.
B. Planned Commercial (PC). The PC districts provide flexibility for commercial and
mixed-use development. Generally, these districts are characterized as coordinated
projects that integrate compatible commercial and residential mixed-uses. PC districts
balance the need for automobile parking and pedestrian connections that are organized
around walkable streetscapes and other pedestrian amenities. PC districts are further
refined based on property size, proximity to residential uses, and as described below:
1. Specialty Commercial Center (PC-1). The specialty commercial center
provides for small-scale commercial development that primarily serves
surrounding neighborhoods and other immediate land uses. This district is
characterized as being located in close proximity to residential development and,
as such, provides high levels of convenient pedestrian access. This district also
promotes the development of mixed-use (10.0 — 15.0 du/ac) as a transition
between residential uses and other development types.
2. District Commercial Center (PC-2). The district commercial center provides
convenient shopping opportunities outside of the downtown core area. This PC
district provides large-format retail areas for the broader community and provides
flexibility for the integration of mixed-use (10.0 — 15.0 du/ac) on upper floors of
commercial buildings. The center is also characterized by traditional parking lots
16-11 P a _qe Chapter 25. 16 Commercial and Industrial Distii<Pts
with formal tree arrangements and spacing and sufficient space for pedestrian
areas and open space.
3. Regional Commercial Center (PC-3). The regional commercial center provides
a unified area for commercial uses which offer a wide range of goods and
services, including comparison and convenience shopping, entertainment,
cultural, and recreational uses. The district provides for large-scale, large-format,
commercial development that serves the broader region and is generally located
around major intersections and properties in proximity to freeway overpasses.
Although this district is predominately commercial, mixed-use (10.0 — 15.0 du/ac)
is allowed and should be integrated into developments on the upper floor.
4. Resort Commercial Center (PC-4). The resort commercial center allows for the
development of a range of entertainment, hospitality, restaurants, and
recreational facilities with related commercial uses to serve visitors to the City.
The district is characterized by multi-story development that provides recreation
and entertainment amenities in accordance with its urban/natural setting, and
provides flexibility to integrate mixed-use (10.0 du/ac).
C. Service Industrial (SI). This district allows for the development of traditional business
parks that allow for manufacture, distribution, research and development, and service of
products intended for use within Palm Desert and surrounding communities. The district
is characterized as having a more urban setting with buildings located near roadways,
shared and connected parking, and streetscapes with formal street tree arrangements.
25.16.030 Allowed Land Uses and Permit Requirements
Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses and
corresponding permit requirements for commercial and industrial districts and all other
provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99
(Definitions). The "Special Use Provisions" column in the table identifies the specific chapter or
section where additional regulations for the specific use type are located within this ordinance.
Use regulations in the table are shown with representative symbols by use classification listing:
"P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an
administrative use permit, "C" symbolizes uses that require approval of a conditional use permit,
and "N" symbolizes uses that are not permitted. Uses that are not listed are not permitted.
However, the Commission may make a use determination as outlined in Section 25.72.020 (Use
Determinations).
Chapter 25. 16 Commercial and Industrial [Districts 16-21Page
PLANNING COMMISSION RESOLUTION NO.
Table 25.16-1: Use Matrix for Commercial and Industrial Districts
-------------- — -
Commercial/Industrial District
(P=Permitted;A=Administrative Use Special Use
Permit;C=Conditional Use Permit; Provisions
N=Not Permitted)
OP PC-1 PC-2 PC-3 PC-4 SI
Residential Uses
Caretaker housing N N ` N N N P 25.16.040.A
Condominium C C C N C C 25.16.040.E
Dwelling, duplex C C C C C C 25.16.040.E
Dwelling, multifamily C C C C C C 25.16.040.E
Dwelling, single-family C C C N C C 25.16.040.E
Group home C C N N C C 25.16.040.E
Single-room occupancies N N N N N C
Homeless Shelter N N N N N P
Recreation, Resource Preservation,Open Space, and Public Assembly Uses
Amusement facility, indoors N N C C C N
Amusement facility, outdoors N N N C C N
Community facility N N N N N P
Day care center N C C C C N
Emergency shelters N P N N N P
Entertainment facility, indoor N N N P P N
Entertainment facility, outdoor N N N P P N
Institution, educational C C N N C
Institution,general C C N N C
Institution, religious C N N C
Open space(developed or natural) N P N P N
Recreation facility, commercial N N P P P N
Recreation facility, private N N N P P N
Theater/auditorium N N P P N N
Utility, Transportation, Public Facility,and Communication Uses
Commercial communication tower C C C C C C 25.16.040.0
Commercial parking lot C N N N N N
Public utility installation N N N N N P
Public facility(utility or service) N N N N N P
Utility facility N N C N N P
16-31Page Chapter 25 . 16 Commercial anct Industrial Districts
Retail,Service,and Office Uses
Adult entertainment N N N N C 25.16.040.D
Ancillary commercial A P P N A 25.16.040.E
Art gallery A P P P C
Art studio A P P P C
Bed and breakfast N A A A N
Business support services N N P P
Convention and visitors bureau N N P N
4Drugstore N P P P N N
Financial institution C P P P N N
Grocery store N P P P N N 25.16.040.F
Health club, gyms or studios N A P P P C
Hotel N A A A P N
Liquor store N P P P N N
Liquor, beverage and food items shop N P P P P N
Medical, clinic P N P P N N
Medical, office P P N N
Medical, hospital N N N N C
Medical,laboratory P N N N P
Medical office, accessory N N N N N P 25.16.040.G
Medical, research facility P PV N N N C
Mortuary N N N N N P
Office, professional P P P P P
Office, local government P N N P
Office,travel agency P P P P N
Outdoor sales N A A A A
Personal services N P P P N
Restaurant A C C C P C 25.16.040.E/H
Retail N P P P P N
Retail, bulky items N N P P N
Spa N P P P N
Time-share project N N N C C N
Automobile and Vehicle Uses
Automotive rental agency N N N P P
Automotive gasoline station N IW4 C C N C 25.34.090
Chapter 25. 16 Commercial and Industrial Districts 16-41Page
PLANNING COMMISSION RESOLUTION NO.
Automotive service facility N N C C N P 25.34.090
Automotive sales new and used(Outdoor/Indoor) N N N N N C
Automotive sales of accessory parts and supplies N N N P P N
Vehicle storage facility N N N N N P 25.16.040.1
Industrial,Manufacturing,and Processing Uses
Industrial planned unit development N N N N N P
Light industrial and research and development N N N N N P
Maintenance facility N N N N N P
Pest control facility N N N N N P
Preparation of foodstuffs N N N N N P
Production of home and office decor accessories N N N N N P
Warehouse or storage facility N N N N N P
Temporary Uses
See Section 25.34.080
The establishment may be permitted with an Administrative Use Permit but may be elevated to a Conditional Use Permit at the
discretion of the ZA based on:parking,traffic,or other impacts.
25.16.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.16-1 (Use Matrix for
Commercial and Industrial Districts):
A. Caretaker Housing. Permitted only when incidental to and on the same site as a
permitted or conditional use.
B. Residential (mixed use). Residential uses may be established and maintained to be
compatible with the permitted or the approved conditional uses in the vicinity.
C. Commercial Communication Tower. All communication towers and antennas shall
satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna
Regulations).
D. Adult Entertainment. All uses defined as adult entertainment are required to meet the
provisions established by Section 25.34.110 (Adult Entertainment Establishments).
E. Commercial (ancillary). Applicable only to office and industrial complexes that occupy
a minimum of two acres. Restaurant uses shall not exceed 10 percent of the gross
leasable floor area and the total ancillary commercial uses, including restaurants, shall
not exceed 25 percent of the gross leasable floor area of the complex. A Conditional Use
Permit or Administrative Use Permit is required to review land-use compatibility and to
ensure that adequate parking exists to serve the commercial use.
16-51Pag e Chapter 25. 16 Commercial and Industrial Districts
F. Grocery Stores. Limited to a maximum building size of 10,000 square feet in PC-1,
30,000 square feet in PC-2, and 60,000 square feet in PC-3.
G. Medical Offices, accessory. Permitted only when ancillary to and in conjunction with
the operation of a hotel.
H. Restaurants. Drive-through and drive-in facilities permitted by a conditional use permit
as follows:
1. Permitted locations.
i. Within Freeway Commercial Overlay District
ii. On the following streets and as indicated in Figure 25.10-2: Monterey Avenue
and Portola Avenue from the northern city boundary to the north side of Gerald Ford
Drive.
2. Development standards.
i. Drive-through lanes and window facilities shall be designed in a manner
that they are screened and/or not visible from surrounding public streets.
ii. Drive-through vehicle queue must be permanently screened and/or not
visible from surrounding public streets.
I. Vehicle Service and Storage Facility. The storage facility must be completely
screened.
25.16.050 Development Standards
The development standards included in Table 25.16-2 (Commercial and Industrial District
Development Standards) are applicable to commercial and industrial districts. These standards,
along with other development standards (e.g., landscaping requirements, signs, and parking
standards) located in the zoning ordinance, are intended to assist property owners and project
designers in understanding the City's minimum requirements and expectations for high-quality
development.
A. Special setback requirements. In addition to the setback requirements in Table 25.16-
2 (Commercial and Industrial District Development Standards) the following special
setback provisions apply:
1. On interior lots in the PC zone districts, setbacks shall be the lesser of the
setback requirement listed in Table 25.16-2 (Commercial and Industrial District
Development Standards). For exterior lots or projects perimeter adjacent to
public streets the setback standards below shall apply. Said setbacks shall be
measured from the property line.
2. Building setbacks from planned street lines:
Table 25.16-2: Setbacks from Planned Street Lines
Street Type Setback Distance
Freeway 50 feet
Major 32 feet
Arterial 32 feet
Collector 25 feet
Chapter 25. 16 Commercial and Industrial Districts 16-61Page
PLANNING COMMISSION RESOLUTION NO.
Local 25 feet
3. Where commercial districts abut a residential district, a fence or wall 6 feet in
height shall be located adjoining the property line except adjoining a required
front yard. All commercial district property lines adjoining a residential district
shall be landscaped with plant materials for an area 10 feet in depth.
4. All nonpaved areas shall be landscaped and treated or maintained to eliminate
dust.
B. Exceptions: Development standards within the PC districts may be modified through the
precise plan process as specified in Section 25.72.030Special standards within the
Service Industrial (SI) district.
Sound emanating from industrial properties shall be muffled so as not to become
objectionable due to intermittence, beat frequency, or shrillness. The measurements of
sound shall be measured at the lot lines and shall be measured to decibels with a sound
level meter and associated octave band filter, manufactured according to standards
prescribed by the American Standards Association. Maximum permissible sound pressure
levels shall comply with the limits at table 25.16-2 and the following standards:
Table 25.16-3: Maximum Permitted Decibels
Octave Band in Cycles- Adjacent Residential District Lot Line of Use in the SI
Second(decibels) Boundaries(decibels) Zone(decibels)
0-75 72 79
76-150 59 74
151-300 52 66
301-600 46 59
601-1200 42 53
1201-2400 39 47
2401-4800 34 41
Above 4800 32 39
1. The maximum sound pressure level in decibels shall be 0.002 dynes per square
centimeter.
2. Toxic gases or matter shall not be emitted which can cause any damage to
health, animals, or vegetation, or other forms of property, or which can cause any
excessive soiling beyond the lot lines of the use.
3. Vibration from any machine, operation, or process which can cause a
displacement of .003 of 1 inch as measured at the lot lines of the use shall be
prohibited. Shock absorbers or similar mounting shall be allowed which will
reduce vibration below .003 of 1 inch as measured at the lot lines.
16-71Page Chapter 25. 16 Commercial and Industrial Districts
4. Glare and heat from any source shall not be produced beyond the lot lines of the
use.
5. Storage of refuse, trash, rubbish, or other waste material outside a permanent
building shall be kept in enclosed containers in areas other than the front and
side yards.
6. Lighting, including spotlights, floodlights, electrical reflectors, and other means of
illumination for signs, structures, landscaping, parking areas, loading and
unloading areas, and the like shall be shielded, focused, directed, and arranged
as to prevent glare or direct illumination on streets or adjoining property.
7. Unless specific additional uses are permitted by the certificate of occupancy, the
use of radioactive materials within the Sl district shall be limited to measuring,
gauging and calibration devices, as tracer elements, in x-ray and like apparatus,
and in connection with the processing and preservation of foods. In no event
shall radioactivity, when measured at each lot line, be in excess of 2.7 x 10-11
micro curies per milliliter of air at any moment of time.
8. Electrical and electronic devices and equipment shall be suitably wired, shielded,
and controlled so that in operation they shall not, beyond the lot lines, emit any
electrical impulses or waves which will adversely affect the operation and control
of any other electrical or electronic devices and equipment. (Ord. 96 § 1, 1975,
Exhibit A § 25.20-7.16)
C. Special standards within the Office Professional (OP) district.
1. When adjacent to single-story residential, the rear and exterior side yard
setbacks shall be increased by 6.43 feet for each foot of building height above 18
feet up to 25 feet tall. See table below:
Table 25.16-4: Additional Setback in OP District
Height Setback
Distance
19 feet 26.43 feet
20 feet 32.86 feet
21 feet 39.29 feet
22 feet 45.72 feet
23 feet 52.15 feet
24 feet 58.58 feet
25 feet 65 feet
2. Second-story Windows: Second-story windows are allowed to face adjacent
single-story residential zones with sufficient screening; either with landscaping or
another method as approved through the precise plan process.
Chapter 25. 16 Commercial and Industrial Districts 16-81Page
PLANNING COMMISSION RESOLUTION NO.
Table 25.16-4: Commercial and Industrial District Development Standards
Commercial/Industrial District
OP PC-1' PC-2' PC-3' PC-4' SI
Lot Dimensions
Lot size, min 15,000 sf 3 ac 5 ac 30 ac 4 ac 20,000 sf
Lot size, max None 10 ac 20 ac None None None
Lot width, min 70' None None None No min 100'
Lot depth, min 140' None None None No min 100'
Setbacks2
Front yard, min 12 in 15 — — — 30' 20'
avg
Side yard, min (interior/exterior) 0720' 3'4,' 0720'3,4 0'/20'3'4 — 15' 0'/10'S
Street side yard, min 12 avg 15 — — — — 10,
Rear yard, min 0720' 3'4 0720'3A 0720'3A — 20' 0725'5
Coverage
Floor Area Ratio 0.75 0.5 1.0 1.0 0.10 0.75
Residential Density Range 10.0— 10.0— 10.0—
(mixed-use) 10.0 15.0 15.0 15.0 10.0 -
Building Measurements
Height, max (single-use) 40', 3 stories 35', 2 35', 2 35', 2 55', 4 40', 3
stories stories stories stories stories
Height, max (mixed-use) 40 40 40 40 55 No. of Stories(mixed-use) 3 3 3 3 4 -
Building size, max8 — 10,000 sf 30,000 sf — — — —
16-91Page Chapter 25. 16 Commercial and Industrial Districts
Commercial/Industrial District
OP PC-1' PC-2' PC-3' PC-4' sl
Landscaping
Required landscaping, min 15% 15% 15% 20% 20%9 - -
percentage of lot area
Depth of landscaping in street 10, 10, 20' 30' 10' — —
setback area, min
Notes:
1. Development standards may be modified through the precise plan process as specified in Section 25.72.030.
2. See Section 25.16.050 A(Special Setback Requirements).
3. When an OP,PC-1 or PC-2 zone is adjacent to a commercially or industrially zoned property,the setback is zero.
4. When an PC-1,or PC-2 zone is adjacent to a residentially zoned property,the minimum required setback for a commercial structure or a joint use commercial and residential
structure is equal to the building's height.
5. When an Sl zone is adjacent to or across the street from residentially zoned property,the minimum side setback is10 feet and the minimum rear setback is 25 feet.
6. The side yard setback may be 0 feet where the main building structure on the same lot line of the abutting parcel is set back at 0 feet and both parcels are developed at the
same time.
7. When adjacent to single-story residential, see Section 25.16.050 E(Additional Setback in OP District).
8. This standard refers to the maximum area for any single commercial enterprise.
9. For hotels,a minimum of 25 percent of the site area must be usable landscaped open space and outdoor living and recreation area with an adequate irrigation system.
Chapter 25. 16 Comm erc ial and lr) dustrial Districts 16-101Pagn
EXHIBIT E
PLANNING COMMISSION RESOLUTION NO.
Exhibit E
Chapter 25.22 — Special Districts
Sections in This Chapter
25.22.010 Purpose.................................................................................................22-1
25.22.020 Characteristics of Special Districts........................................................22-1
25.22.030 Allowed Land Uses and Permit Requirements......................................22-1
25.22.040 Development Standards........................................................................22-3
25.22.010 Purpose
The purpose of this chapter is to establish zoning districts in the City specifically reserved for
public, institutional, and open space use and to provide a list of permitted uses and general
development standards. These districts are consistent with and implement the City's General
Plan as indicated in Table 25.04-1 (Zoning Districts).
25.22.020 Characteristics of Special Districts
The following descriptions of each residential district identify the characteristic uses, intensity of
uses, and level of development intended for that district.
A. Public/Institutional (P). The purpose and intent of the P district is to provide for the
orderly establishment of public facilities, expansion of their operations, or change in the
use of lands owned, leased, or otherwise controlled by governmental agencies and for
the orderly establishment of quasi-public institutional uses that are compatible with, and
support, surrounding land uses.
B. Open Space (OS). The open space district is intended to provide for areas reserved for
parks, public or private recreation, protection of natural and developed open
spaces,governmental public uses, or areas where a hazard to the public may exist.
25.22.030 Allowed Land Uses and Permit Requirements
Table 25.22-1 (Use Matrix for Special Districts) identifies allowed uses and corresponding
permit requirements for the special districts and all other provisions of this title. Use regulations
in the table are shown with representative symbols by use classification listing: "P" symbolizes
uses permitted by right, "A" symbolizes uses that require approval of an administrative use
permit, "C" symbolizes uses that require approval of a conditional use permit, and "N"
symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the
Commission may make a use determination as outlined in Section 25.72.020 (Use
Determinations).
22-11Pag e Chapter 25. 22 Special Districts
Table 25.22-1: Use Matrix for Special Districts
Key: Special Zoning Special Use
P=Permitted;A=Administrative Use Permit; District Provisions
C=Conditional Use Permit; N=Not Permitted) P OS
Residential Uses
Condominium' C N
Dwelling, duplex' C N
Dwelling,manufactured' C N
Dwelling,mobile home' C N
Dwelling,multifamily' C N
Dwelling,second' P N 25.34.030
Dwelling,single-family' C N
Farmworker housing' C N
Group home' C N
Planned unit development, residential' C N
Recreation,Resource Preservation,Open Space,and Public Assembly Uses
Apiary A P
Botanical conservatory A P
Cemetery C C
Community facility C P
Crops and horticulture,limited C P
Historic landmark P P
Institution,educational C C
Institution,general C P
Institution, religious C N
Kennel C N
Library A P
Nursery N P
Orchard N P
Public park P P
Recreation facility,commercial C C
Recreation facility,private C N
Recreation facility,public C P
Stable, boarding N C
Utility,Transportation, Public Facility,and Communication Uses
Chapter 25 . 22 Speciet Districts 22-2� .
PLANNING COMMISSION RESOLUTION NO.
Key: Special Zoning Special Use
P=Permitted;A=Administrative Use Permit; District Provisions
C=Conditional Use Permit; N=Not Permitted) P oS
i
Commercial communication tower C C Section 25.34.130
Electric substation C N
Fire station C P
Maintenance facility(public only) C C
Maintenance yard(public only) C C
Public service facility C P
Utility facility C C
Retail,Service,and Office Uses
Medical, hospital C N
Office,local government A P
Outdoor sales C N
Recording studio C N
Restaurant2 N A
Notes:
1. Government-supported,-funded and/or-operated only.
2.Recreation-oriented restaurants,eating and drinking places.
25.22.040 Development Standards
The development standards in Table 25.22-2 (Special District Development Standards) are
applicable to the special districts. These standards, along with other development standards
(e.g., landscaping requirements, signs, and parking standards) in this ordinance, are intended to
assist project designers in understanding the City's minimum requirements.
Table 25.22-2: Special District Development Standards
Special Zoning
District
P os
Dimensional Requirements'
Lot area(minimum) None None
Yard requirements None None
Building height,max 35' 30'
Notes:
1.Additional requirements may be required as part of
conditional use permit or administrative use permit approval.
22-31Page Chapter 25 . 22 Specia Districts
EXHIBIT F
PLANNING COMMISSION RESOLUTION NO.
Exhibit F
Chapter 25.28 — Overlay Districts
Sections in This Chapter
25.28.010 Purpose.........................................................................................................1
25.28.020 Senior Housing Overlay District .....................................................................1
25.28.040 El Paseo Overlay District ...............................................................................4
25.28.060 Planned Community Overlay District..............................................................5
25.28.070 Freeway Commercial Overlay District............................................................6
25.28.080 Scenic Preservation Overlay District..............................................................7
25.28.090 Drainageway, Floodplain, Watercourse Overlay District.................................8
25.28.100 Natural Factors/Restricted Development Overlay District............................. 10
25.28.110 Seismic Hazard Overlay District................................................................... 10
25.28.120 Bermuda Dunes Airport Area....................................................................... 12
25.28.010 Purpose
The overlay zoning districts established in this chapter are designed to supplement the use
regulations and/or development standards of the applicable underlying base zoning district by
recognizing distinctive areas of the City that have special and unique social, architectural, or
environmental characteristics which require special considerations not otherwise adequately
provided by the underlying base zone applicable to the property.
25.28.020 Senior Housing Overlay District
A. Purpose and Applicability. The purpose of the Senior Housing Overlay (SO) district is
to provide optional standards and incentives for the development of a wide variety of
specialized housing designed for and restricted to residents over the age of 55.
Whenever the SO has been added to a base zone, the applicant may choose whether to
use the optional SO standards or the standards of the base zone.
B. Uses Permitted by Approved Precise Plan and Conditional Use Permit. Uses
permitted by approved precise plan and conditional use permit shall be residential
retirement developments consisting of attached or detached units for rent or sale and
associated recreational facilities and involving varying degrees of support arrangements,
ranging from completely independent living, congregation, assisted, and memory care to
community food service and healthcare.
C. Development Standards. Development standards shall be flexible to ensure efficient
site planning and neighborhood compatibility and to reflect the unique requirements of
persons over the age of 55.
D. Density and Intensity.
1. Due to smaller unit and household sizes, project density (units per acre) shall be
determined by intensity (persons per acre) and age.
28-11 'age Chapter 25. 28 Overlay Dist .,
2. Overall project population shall be calculated according to the following factors:
Table 25.28-1: Persons per Unit in Senior Housing
Unit Size Persons per Unit
Studio 1.25
One bedroom 1.75
Two bedroom 2.00
3. Allowable Population/Gross Acre (P/A). Density shall be equal to P/A. The
maximum density shall vary with project site area. Projects on larger sites will be
allowed greater density due to increased opportunity for common open space
and site planning efficiencies of scale.
Table 25.28-2: Allowable Population per Gross Acre in Senior Housing
Project Site Area P/A
Less than 2.49 acres 30
2.5 to 9.99 acres 40
10 acres or more + 50
4. Senior housing projects shall be divided into two age restriction classifications:
55 minimum and 62 minimum. Due to greater activity levels of age 55 projects,
allowable P/A shall be reduced by 25 percent.
5. Unit Sizes. Minimum allowable unit sizes in square feet (sf) shall vary according
to presence or absence of a common project dining facility. Each unit shall
contain, as a minimum, a kitchen including two burners, an oven, a
refrigerator/freezer, a sink, counter space, and storage.
Table 25.28-3: Unit Size in Senior Housing
Common Dining
Unit Size
With Without
Studio 360 sf 450 sf
One bedroom 500 sf 600 sf
Two bedroom 700 sf 800 sf
Chapter 25. 28 Overlay Districts 28-21
PLANNING COMMISSION RESOLUTION NO.
6. Example of Density and Intensity Calculations. The following table illustrates how
projects of different characteristics would calculate allowable density and
intensity limits:
Table 25.28-4: Examples of Density and Intensity Calculations
Project Permitted Population Permitted Unit Size
Size Units(assumes all 2 bedroom) (without common dining)
Age 55-62
Age 62 + Age 55-62 Age 62 +
(25%reduction)
5 acres 150 200(40 P/A) 75 100 800 sf
10 acres 375 500(50 P/A) 188 250 800 sf
E. Accessibility.
1. All second-story units shall be serviced by elevators.
2. All common areas shall be wheelchair accessible.
3. Handicapped unit design shall meet requirements for state Title 24 handicapped-
access regulations.
F. Parking Requirement.
1. Parking ratios based on age group shall be based on the following:
Table 25.28-6: Parking Required for Senior Housing
Age Minimum Parking Ratio
55 1.25 per unit
62 1.00 per unit
62+ 0.75 per unit'
1. With Commission approval according to G.2.
2. Projects which by their design appeal to age categories significantly older than
age 62 may request reduced parking requirements if it can be demonstrated that
less demand will be generated. The Commission may reduce the parking
requirement to 0.75 spaces per unit if the project applicant demonstrates less
demand to the satisfaction of the Commission.
G. Affordability Requirements. A portion of any project with 10 or more dwelling units
shall be reserved and made affordable to lower- and moderate-income residents.
28-31 '' age Chapter 25. 28 Overlay Districts
1. For projects between 10 and 99 units, 10 percent of the units shall be affordable
to lower-income residents and 10 percent to moderate-income residents.
2. Projects with 100 or more units shall be required to provide an additional 5
percent affordable to very low-income residents.
3. The total number of these controlled units shall not exceed the additional units
allowed by the SO district or the density allowed by the base zone.
4. The applicant shall be responsible for proposing the methods to achieve the
program goal, which may vary depending upon the nature of the housing and the
degree of additional services provided.
5. The Commission shall have flexibility in reviewing and approving innovative
proposals.
H. Very Low, Low, Moderate Income Defined. Very low income shall be equivalent to 50
percent of median income; lower income, 80 percent of median; and moderate income,
100 percent of median as shown on the latest US Department of Housing and Urban
Development (HUD) estimates for the Riverside/San Bernardino area or on other, more
specific HUD estimates for senior citizens.
I. Projects approved under this section must be used solely for senior citizen housing
unless special approval is granted by the Council.
J. The applicant shall, as a condition of approval, submit a maintenance bond to ensure
exterior maintenance for a period of time satisfactory to the City.
25.28.040 El Paseo Overlay District
A. Intent and purpose. El Paseo is designed as a pedestrian specialty retail/personal
services district. The success of a pedestrian commercial district is dependent upon the
creation and maintenance of a continuous succession of diverse but compatible
businesses which attract and sustain pedestrian interest. To encourage this continuous
pattern of pedestrian-oriented uses, this chapter shall regulate the type of new uses
which may occupy El Paseo street-level commercial frontage constructed after July 1,
1987.
B. Permitted uses. The following retail/personal service uses shall be liberally construed to
be permitted uses within the El Paseo pedestrian commercial overlay:
1. Art galleries
2. Book and card shops
3. Clothing and apparel shops
4. Furniture stores and home furnishings
5. Gift and accessories boutiques (including small antiques)
Chapter 25. 28 Overlay District 28-41
PLANNING COMMISSION RESOLUTION NO.
6. Jewelry shops
7. Liquor, beverage, and food item shops
8. Luggage shops
9. Personal care/products shops and services (including barbering and
cosmetology)
10. Restaurants
11. Sundries shops (general merchandise)
C. Conditional uses. The Commission may, by conditional use permit, approve
commercial uses not listed above if they are determined to be compatible with the intent
and purpose of this chapter.
25.28.060 Planned Community Overlay District
A. Purpose and applicability. The Planned Community Overlay district allows for the
Council to establish larger areas for coordinated land use, and master planning
purposes that may include multiple properties. Approval of a Development Plan as
outlined in Section 25.72.040 is required for approval of a development in the Planned
Community Overlay district.
B. Requirements.
1. Site area. A minimum of 100 acres shall be required for a planned community
development.
2. Master plan required. Any application for a planned community overlay zone
shall be accompanied by a master plan for the entire area covered by the
application.
3. Ownership. All land in a proposed overlay zone shall be held in one ownership or
under unified control or have the written consent or agreement of all owners of
property proposed for inclusion in the overlay zone.
4. Utilities. The existing utilities systems (water, sewer, drainage, electrical, gas,
and communications facilities) shall be adequate, or new systems designed and
constructed to adequately serve the development. Master plans for utility
systems may be required along with the application for the planned community
overlay zone if determined necessary by the Director.
C. Application. An application for an overlay zone shall be submitted by the owner, his or
her authorized agent, or the purchaser of the land with the consent of the owner. The
application shall be prepared by a qualified team of professionals and accompanied by
the required application form, master plan, submittal materials, and other information as
required by the Director.
D. Procedure.
28-51 ' age Chapter 25. 28 Overlay Districts
1. Upon receipt of a complete application for an overlay zone, the Department shall
review the application materials and prepare a recommendation to the
Commission.
2. The Commission shall hold a public hearing on such application. If it finds the
criteria set forth in this chapter have been met, it may establish the overlay zone
subject to such conditions as it deems necessary. The Commission may deny
the application if it finds any of the criteria have not been met, or that the
approval of the application would be detrimental to the public peace, health,
safety, or welfare.
3. Planned community development applications shall be forwarded along with the
community master plan to the Council. The Council shall hold a public hearing
and either approve, conditionally approve, or deny the community master plan.
The decision of the Council shall be final.
E. Termination of overlay zone.
1. The overlay zone and any master plan or other material approved as a part
thereof shall become null and void if the physical development of the district is
not commenced within two years from date of adoption of the resolution
establishing the zone.
2. An extension of time, not to exceed one year, may be granted by the
Commission when extenuating circumstances can be clearly shown by the
applicant. The request for an extension of time shall be submitted to the
Commission in writing prior to the expiration date and shall clearly state the
reasons why the physical development of the district has not commenced and
such overlay zone has not been utilized.
3. Partial physical development within the overlay and/or master plan is considered
sufficient to maintain the overlay zone designation, and action by the Council in
the form of a zoning amendment is required to alter the boundaries, master plan,
or development standards.
25.28.070 Freeway Commercial Overlay District
A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone
(FCOZ) district is to provide optional standards and incentives for the development of a
variety of commercial uses. Whenever the FCOZ has been added to a base zone, the
owner/applicant may choose whether to use the optional FCOZ standards or the
standards of the base zone. In order to obtain approval of uses only permitted in the
FCOZ, the project must utilize FCOZ standards.
B. Conditional uses. Uses permitted by approved conditional use permit shall be as
follows:
1. Restaurants, general, including drive-through restaurants
2. Automobile service stations without regard to the required separation distance
provisions per Section 25.34.090 (Automotive Service Stations)
Chapter 28 Overlay Districts 28-61
PLANNING COMMISSION RESOLUTION NO.
3. Convenience stores
4. Car washes
5. Combinations of two or more of the above uses
6. Hotel
7. Commercial recreation and amusement establishments
8. Mini storage
9. Outdoor recreational vehicle and boat storage
C. Development standards. Projects proposed under this chapter shall be master planned
and the master plan shall be approved by the Commission prior to any construction
activity. The master plan approval is subject to the following:
1. Development of individual projects within the approved master plan shall be
processed through the precise plan process.
2. Property to be master planned shall be at least 5 acres in size and shall have
frontage on a designated arterial street.
3. Drive-up lanes and window facilities shall be designed in a manner that they are
not visible from an arterial street.
4. Development standards shall generally be flexible to ensure efficient site
planning and to foster the creation of attractive developments.
5. Automobile service stations shall comply with the requirements of Section
25.34.090 (Automotive Service Stations).
D. Required on-site parking. The required number of parking spaces for a combined
development shall be cumulative for all proposed uses. The Commission may reduce
the required parking where it is clearly demonstrated that a shared use will occur (i.e., a
restaurant which serves a hotel), or with a showing of good cause, the Commission may
increase the number of parking spaces required.
E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile service
stations pursuant to Section 25.34.090 (Automotive Service Stations).
F. Landscaping. All master planned projects approved through the FCOZ process shall
provide a minimum of at least 30 percent landscaped open space, of which at least half
of the common usable public space can include a picnic area, a dog park, or a kids land,
as well as landscaped setback areas. With a showing of good cause, the Commission
may decrease the minimum landscaped open space requirement.
25.28.080 Scenic Preservation Overlay District
A. Purpose. It is the purpose of the Scenic Preservation Overlay (SP) district to designate
those scenic corridors that have a special aesthetic quality and to provide the
28-71 Chapter 25. 28 Overlay Districts
opportunity for special standards for development in these areas to protect that quality.
This district and the related provisions may be applied according to the procedures
established in Section 25.78.030 (Amendments—Zoning Ordinance).
B. Permitted and conditional uses. Any permitted or conditional use which is allowed
within the base district requires the review and approval of the ARC which shall have
taken specific notice of the fact that such development is within a scenic corridor as
noted within the City's General Plan.
C. Development standards. At a minimum, the development standards of the underlying
base district shall apply. The ARC may apply additional standards to ensure that the
aesthetic quality of the scenic corridor is preserved. At a minimum, the ARC will consider
the following:
1. Preservation of scenic vistas
2. Setbacks
3. Landscaping
4. Building heights
5. Signs
6. Mitigation of excessive noise impacts
D. Specific standards. All SP designations added to the R-2 and R-3 residential districts
on the zoning map shall be limited to one story, with the maximum height determined by
a line of sight study.
25.28.090 Drainageway, Floodplain, Watercourse Overlay District
A. Purpose and intent. The purpose of the Drainageway, Floodplain, Watercourse Overlay
(D) district is to designate those areas of the City that are known to be subject to
flooding. This designation and regulations herein are intended to achieve the following
objectives:
1. To prevent loss of life and property and to minimize economic loss caused by
flood flows.
2. To establish criteria for land management and use in flood-prone areas that is
consistent with that promulgated by the Federal Insurance Administration for the
purpose of providing flood insurance eligibility for property owners.
3. To prohibit occupancy or the encroachment of any structure, improvement, or
development that would obstruct the natural flow of waters within a designated
drainageway, floodway, or watercourse.
4. To regulate and control uses below the elevation of the 100-year flood flow.
Chapter 25. 28 Overlay Districts 28-81
PLANNING COMMISSION RESOLUTION NO.
B. Applicability. The D overlay district shall be applied to those areas that are known to be
subject to flooding as determined by the Council, based on recommendations by the
affected flood control district.
C. Conditional uses. The following uses and structures shall be permitted in this overlay
district subject to the issuance of a conditional use permit by the Commission:
1. New residential, commercial, industrial, and agricultural structures permitted by
the underlying district regulations involved, and when they comply with all of the
conditions listed below:
i. Flood-proofing and/or flood protective measures shall be required to be
installed in a manner meeting the approval of the chief engineer of the
affected flood control district.
ii. Building and health code requirements applicable to floodplain districts
shall be complied with.
iii. The bottom elevation or first floor of any structure shall be at least 1 foot
above the level of the 100-year flood. Exceptions may be recommended
by the building official only for nonresidential structures which are
adequately flood-proofed, in accordance with the building code, up to the
level of the 100-year flood.
iv. Landfills, improvements, developments, or other encroachment effects on
the 100-year flood level such that the water surface elevations of the 100-
year flood are increased by more than 1 foot shall be fully offset by
requirements for stream improvements meeting with the approval of the
chief engineer of the affected flood control district.
2. Public utility facilities.
3. Recreation areas, parks, campgrounds, playgrounds, fishing lakes, hunting
clubs, riding and hiking trails, golf courses, golf driving ranges, polo fields,
athletic fields, parking lots, all of which involve only the open use of land without
permanent structures or improvements.
4. Temporary and readily removable structures accessory to agricultural uses.
D. Prohibited uses. The following uses are specifically prohibited in the D district:
1. Excavations that will tend to broaden the floodplain or direct flood flows out of the
natural floodplain.
2. Landfills, improvements, developments, or other encroachments that would
increase water surface elevations of the 100-year flood more than 1 foot or that
cannot be fully offset by stream improvements.
3. Storage of floatable substances or materials which will add to the debris load of a
stream or watercourse.
28-91 Chapter 25. 28 Overlay Distt
E. Development standards. The property development standards of the underlying zone
shall apply insofar as they pertain to the uses of this district.
F. Precise plan review. All development shall be subject to precise plan review as
prescribed in Section 25.72.030 (Precise Plan).
G. Special standards.
1. Development of hillside canyon areas shall not occur until hydrology is submitted
which specifies techniques for management of runoff. The exact location of
development shall include the determination resulting from a hydraulic study.
2. Other standards required under conditional use permits shall also apply.
25.28.100 Natural Factors/Restricted Development Overlay District
A. Purpose. The purpose of the Natural Factors/Restricted Development Overlay (N)
district is to provide for the continued availability of land for the conservation of natural
resources and the preservation and protection of wildlife habitat areas and areas with
significant natural vegetation as limited resources. The overlay district shall be applied
as determined to have the desired characteristics specified above as determined by the
Council through the amendment process.
B. Permitted uses. All uses permitted in the underlying district shall be permitted in this
district subject to careful consideration by the design review process of the preservation
of the unique natural element of the property.
C. Development standards. All the development standards and requirements set forth in
the underlying district shall be complied with. Additional standards for development may
be required by the precise plan review process to ensure that modification to existing
natural vegetation and any disturbance of the terrain and natural land features are
compatible with adjacent areas and will result in a minimum disruption to the wildlife
habitat and natural vegetation on the site.
D. Cost of investigations. All costs and expenses incurred as a result of the requirements
of this chapter, including the cost and expenses of an independent review of the material
submitted under this chapter by qualified persons retained by the City, shall be borne by
the applicant.
E. Site plan review. All development within this overlay district shall be subject to a precise
plan review as provided in Section 25.72.030 (Precise Plan).
25.28.110 Seismic Hazard Overlay District
A. Purpose. The purpose of the Seismic Hazard Overlay (SH) district is to protect life and
property in the City from the hazards of seismic activity and to set requirements for the
level of earthquake consideration that must be incorporated into development proposals
prior to design and construction. The overlay district shall be applied to those areas that
are known to be within the SH overlay zone.
Chapter 25 . 28 Overlay Districts 28-101 }gage
PLANNING COMMISSION RESOLUTION NO.
B. Permitted uses. All uses permitted in the underlying district are permitted subject to the
obtaining of a conditional use permit approved by the Commission.
C. Site development standards. All the development standards and requirements set
forth in the underlying district shall be complied with. Standards and requirements in
excess of those in the underlying district may be required in the conditional use permit to
mitigate possible seismic-related impacts.
D. Geological soils investigation. All applications for a conditional use permit in the SH
district shall be accompanied by a combined in-depth geologic and soils investigation
prepared by a registered geologist, certified by the state as an engineering geologist,
and by a licensed civil engineer qualified in soil mechanics. Required geologic and soils
investigations shall be based on the following considerations:
1. Adequate geologic mapping, trenching, and boring to determine that surface
faulting and ground breakage has not occurred on the site and is unlikely to
occur in the future.
2. Adequate boring and field and laboratory testing to determine accurately the
subsurface profile and the static/dynamic properties of the soil/rock materials.
3. Thorough regional studies of all possible causative faults and fault systems which
could generate motions at the site.
4. Studies to determine the character of ground motions at the site.
5. Calculation of design response spectra, based on repetition, and on structural
properties (damping, ducting).
6. Careful dynamic design of cohesive structures with each element working as a
part of the entire structural system.
7. Thorough study of the ways in which the structure might disassemble if it were to
fail, and the inclusion of redundant backup features to control disassembly so
that outright collapse cannot occur.
8. Design of anchorage and bracing for all critical infrastructure systems (examples:
emergency power, heat, light, oxygen supply), based on factors derived from
dynamic analysis, providing generous and conservative safety factors. The
manufactured equipment and appurtenances purchased for such a facility should
be designed likewise.
E. Cost of investigation. All costs and expenses incurred as a result of the requirements
of this chapter, including the cost and expense of an independent review of the material
submitted under this chapter by qualified persons retained by the City, shall be borne by
the applicant for the conditional use permit.
F. Site plan review. All permitted uses, except single-family dwellings, and all conditional
uses shall be subject to precise plan review as prescribed in Section 25.72.030 (Precise
Plan).
28-111Pag e Chapter 25 . 26 Overlay Disit <± cts
25.28.120 Bermuda Dunes Airport Area
A. Purpose. The purpose of the Bermuda Dunes Airport Area (BDA) district is to Seismic
Hazard Overlay (SH) district is to adhere to the Bermuda Dunes Airport compatibility
regulations within the Airport Influence Boundary. The overlay district shall be applied to
those areas that are known to be within the BDA overlay zone, identified in the Riverside
County Airport Land Use Compatibility Plan Policy Document and Figure 25.29-1.
B. Permitted uses. All uses permitted in the underlying district are permitted subject to the
Riverside County Airport Land Use Compatibility Plan Policy Document.
Chapter 25. 28 Overlay Districts 28-121 Page
PLANNING COMMISSION RESOLUTION NO.
Table 25.28-1 Bermuda Dunes Airport Compatibility Plan
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28-131Page Chapter 25. 28 Overlay Districts
EXHIBIT Al
179667� i79587
i 7963 7
DEVEMP
ORDi4ANCENO. 83B � / \
EXHIBrT "A" AGREEMENT
E%HIBIT "A^ fi A/
coop DTTgcRARCE
INT'ERSTATE ffiGHRAY 10 ,' .,�
RESIDENTIAL
su
FUTURE ;.;.
CAL STATE —
\ _ CAMPUS SITE �
FUTURE Rcsmn+TTAL
DESERT rAus
COUNTRY
40
FUTURE RESIDENTELL \ ACRES
a
To
O ACRES
+ SCALE: 1' = 1000'
CONCEPTUAL LAND ;PLAY
WONDER PALMS COMMERCIAL CENTER
NORTH
PREPARED FOR MAINIE,o M=AND,,0OCZ„M, INC
Lionel Steinberg - Katrina Heinrich [(ID
David Freedman Co., Inc.
R:\ACAD\f067\siteplan Tue Feb 18 09:15:09 1997
179587
ORDINANCE NO. 838
surrounding area develops. The site is poised to provide one of the City's major points of
access from Interstate 10, and the City and the Developer recognize the opportunity that
the site has to introduce people to the City of Palm Desert as well as respond to a major
economic potential for regional destination and traveler oriented commerce.
The development of the Project in a manner consistent with the provisions of this
Agreement including the development guidelines provides a number of benefits to both the
City and the Owner:
1. It maximizes the potential for high quality commercial, industrial, and
residential development with high visibility from Interstate 10.
2. It maximizes the flexibility necessary to adapt the property to future
conditions which are anticipated to affect the area; particularly the future
university campus and the increased accessibility to the area north of
Interstate 10.
3. It provides a comprehensive planning framework which establishes
guidelines for future land use applications for the property and eliminates the
inconsistency associated with individual and unassociated development
proposals.
4. It facilitates the construction of stormwater system improvements consistent
with the master plans adopted by the City in conjunction with the Coachella
Valley Water District.
5. It controls sensitive land uses associated with sites having excellent freeway
access.
6. It provides for the completion of the street network adjacent to the site
including Cook Street, Gerald Ford Drive and Portola Avenue.
7. It provides for the planning and execution of a major entry statement
potentially involving the Art in Public Places program.
Planning Areas/Statistical Summary
T 270 acre site has been divided into eight Planning Areas which are anticipated to take
unique development characteristics. This is delineated in Figure 1.
Planning Area 1 - 21.3 gross acres east of Cook Street between Gerald Ford Drive and
the Southern Pacific Rail/1-10 corridor. Land use emphasis - Freeway Oriented
Business.
2
ORDIWCE NO. 838 79 7
Planning Area 2 - 50.7 gross acres west of Cook Street between Gerald Ford Drive and
the Southern Pacific Rail/1-10 corridor. Land use emphasis - Regional Commercial.
Planning Area 3 - 11.2 gross acres west of Cook Street and south of Gerald Ford Drive.
Land use emphasis - Freeway Oriented Business.
/lanning Area 4 - 30.2 acres east of Cook Street between Gerald Ford Drive and the
Southern Pacific Raill1-10 corridor. Land use emphasis - Industrial/Business Park.
Planning Area 5 - 25.9 acres west of Cook Street and south of Gerald Ford Drive. Land
use emphasis Mixed-use Commercial/Residential.
Planning Area 6-70.6 acres west of Cook Street and between Gerald Ford Drive and the
Southern Pacific Rail/1-10 corridor. Land use emphasis - Industrial/Business Park.
Planning Area 7 - 44.3 acres north of Gerald Ford Drive and east of Portola Avenue.
Land use emphasis - Office/business park
Planning Area 8 - 14.9 acres south of Gerald Ford Drive and east of Portola Avenue.
Land use emphasis - Medium density residential.
GENERAL PROVISIONS
Intent
This Section is intended to: (1) provide certain definitions for use with respect to this
Exhibit"A"; (2) to describe the relationship of this Exhibit"A"to the existing Land Use and
Building Ordinances of the City of Palm Desert; and (3) to provide other miscellaneous
provisions necessary to effectuate the purposes and intent of the Agreement.
General Provisions
1. Terms contained in this Exhibit"A" shall have the same meaning as defined
in the Development Agreement unless otherwise defined herein.
2. Except as otherwise provided in this Exhibit"A" and in the Agreement, the
development of the Project shall be in accordance with, and the development
of the Project during the Term shall be governed by, the existing Land Use
Ordinances of the City.
3. Except as otherwise provided in this Exhibit "A" and in the Agreement, all
construction of improvements upon the property shall conform to the building
and construction standards established by the City's Building Ordinances.
4
ORDINANCE, NO. 838 17 0 u 3 7
4. Whenever the provisions of this Exhibit"A" conflict with the provisions of the
existing Land Use Ordinances or the Building Ordinances the provisions of
this Exhibit "A" shall be deemed to control to the extent necessary to
effectuate the purposes and intent of the Development Agreement.
5. The maximum aggregate allowable building density without additional review
of the entitlements is 4,465,000 square feet of commercial and industrial
buildings and 470 residential units as depicted in Figure 2 (Maximum
Intensity Alternate).
6. The probable development intensity expected (Trend Alternate) is shown in
Figure 3. The expected intensity is 2,145,000 square feet of commercial and
industrial buildings and 470 dwelling units.
7. The project shall be developed under a PCD (Planned Community District)
overlay to facilitate a flexible, long term approach to land use with individual
planning areas operating under the general provisions of the Palm Desert
Zoning Ordinance as follows:
a. PA 1 shall use the general provisions of the PC 2 (Planned
Commercial Center- District Commercial) and the Freeway Overlay
Zone, however, PA 1 shall allow no more than one automobile service
station including accessory convenience retail, and shall also allow
drive through restaurants subject to ARB and Planning Commission
approvals. Standards for drive-through facilities are adopted herein
and must also comply with requirements of the Freeway Commercial
Overlay Zone.
b. PA 2 shall use the general provisions of the PC 3 (Planned
Commercial Center- Regional Center but shall encourage mixed use
retail, office and residential uses under Conditional Use Permit. Drive
through restaurants are allowed subject to ARB and Planning
Commission approvals.
C. PA 3 shall use the provisions of the PC 2 (Planned Commercial
Center- District Commercial).
d. PA 4 shall use the provisions of the PI (Planned Industrial Zone) but
encourages mixed use retail, office and residential uses under
Conditional Use Permit.
e. PA 5 shall use the provisions of the PC 2 (District Commercial Center
Zone) and shall encourage mixed use retail and residential under
Conditional Use Permit.
5
ORDINANCE NO. 838
f. PA 6 shall use the provisions of the PI (Planned Industrial Zone) but
encourages mixed use retail, office and residential uses under
Conditional Use Permit.
g. PA 7 shall use the provisions of the O-P (Office Professional Zone)
and shall encourage mixed use retail and/or residential uses under
Conditional Use Permit.
h. PA 8 shall use the provisions of PR 18 (Planned Residential District-
up to 18 dwelling units per acre).
h. Base zoning districts for each Planning Area are shown in Figure 4.
8. Parking requirements for layout and ratio for Planning Areas 2, and 7 shall
be based on a parking ratio of 5.0 spaces per 1000 square feet of gross
leasable area. Due to economy of scale, the amount of parking may be
reduced for integrated parking facilities as follows:
a. 1000 car parking on single parcel or integrated facility reduce by 10%.
b. 1500 car parking on single parcel or integrated facility reduce by 12%.
C. 2000 car parking on single parcel or integrated facility reduce by 14%.
d. 2500 car parking on single parcel or integrated facility reduce by 15%.
Such reduction shall be subject to justification of the findings as set forth in
Section 25.58.311 (B) of the Zoning Ordinance.
9. Parking requirements for all other Planning Areas shall be based on
requirements for those uses as set forth in the Zoning Ordinance; provided,
however, that parking requirements may be reduced upon demonstration
that alternative transportation, mixed land uses, or other techniques have
been incorporated into the planning to necessitate less parking. Golf cart
parking may replace automobile parking spaces on a one-to-one basis.
10. Changes in the location and configuration of the Planning Areas may occur
as precise plans are developed. Any such changes will be subject to the
prior approval of the Community Development Director of the City.
11. Tentative Tract and Parcel Maps may be filed and approved subject to
consistency with the approved Agreement.
12. Except as otherwise provided herein, all approvals of the City, the
Community Development Director, the Planning Commission, or the
Redevelopment Agency or City Council shall be based on the criteria and
standards set forth in the Land Use and Building Ordinances in effect for the
City.
6
l71S9 -1
ORDINANCE NO. 838
City.
13. Prior to the issuance of any building permit with respect to any Planning
Area, a Precise Plan for development shall be submitted to and shall be
approved by the Planning Commission if such Precise Plan is consistent with
the provisions of this Agreement and other relevant City ordinances.
14. (Deleted}
15. Access to the various Planning Areas shall be as depicted in Figure 5 unless
application for an alternate location is made to and approved the Community
Development Director and Public Works Director. Since median islands are
planned for both Gerald Ford Drive and Cook Street, full access points (left
in/left out) shall be at least 1000 feet apart and subject to the approval of the
Public Works Department.
16. Any improvements required as Exactions pursuant to the attached
Agreement shall be constructed by the Developer congruent with each phase
of the Project as such improvements relate thereto, and are necessary with
respect to such phase of Project development.
17. The requirement for Art in Public Places may be satisfied or partially satisfied
on the basis of a major entry statement at or near Cook Street and Gerald
Ford Drive. Funding or partial funding for such may be provided by Art in
Public Places or the Community Redevelopment Agency on the basis of a
advance against Art in Public Places from future development within the
Project.
18. Drive-through facilities shall be designed according to the following:
a: Safe on and off-site traffic and pedestrian circulation shall be
considered to limit conflicts between vehicles and pedestrians.
b: Stacking space for six vehicles shall be provided on-site for each
facility.
c: There shall be shade provided for vehicles at the service window
which shall be designed in an integrated manner with the architecture
and/or landscape architecture of the overall facility.
d. Vehicles, menu-boards, and service windows and similar features
shall be screened from public view by architecture of landscape
elements.
e. Drive-through restaurants shall be limited to the portion of the
property north of Gerald Ford Drive.
7
f79 37
ORDINANCE NO. 838
Development Program-Maximum Intensity Alternate
Consistent with the General Plan, the maximum intensity alternate as shown in Figure 2 is
set as the upper limit of development for the site.
Figure 2
Planning Gross Est. Net Proposed Proposed FAR/ Max. Est.
Area Area Area Zoning Uses Dens. FI. Ar. Parking
Equivalent
PA 1 21.3 ac. 18.1 ac. PC-2 Freeway .50 395K 2175
Oriented
Business
PA 2 50.7 ac. 43.1 ac. PC-3 Regional .50 940K 5165
Commercial
PA 3 11.2 ac. 9.5 ac PC-2 Freeway .50 210K 1155
Oriented
Business
PA 4 30.2 ac. 25.7 ac. PI Industrial/ .50 560K 3075
Business
PA 5 25.9 ac. 22.0 ac. PC-2 Commercial .50/ 240K/ 960
/Residential 18/ac 200 du 400
PA 6 70.6 ac. 60.0 ac PI Industrial/ .50 1300K 6550
Business
PA 7 44.3 ac. 37.7 ac. OP Office .50 820K 3280
PA 8 14.9 ac. 12.7 ac. PR-18 Multi-family 18 270 du 540
Residential du/ac
TOTALS 269.1 ac 228.8 ac - - - 4465K 23,300
470 du
8
179537
ORDINANCE NO. 838
Development Program -Trend Alternate
The Trend Alternate as shown in Figure 3 is set forth as the probable development
intensity for the Project.
Figure 3
Planning Gross Est. Net Proposed Proposed FAR/ Est. Est.
Area Area Area Zoning Uses Dens. FI. Ar. Parking
Equivalent
PA 1 21.3 ac. 18.1 ac. PC-2 Freeway .25 200K 800
Oriented
Business
PA 2 50.7 ac. 43.1 ac. PC-3 Regional .20 375K 1775
Commercial
PA 3 11.2 ac. 9.5 ac PC-2 Freeway .25 105K 400
Oriented
Business
PA 4 30.2 ac. 25.7 ac. PI Industrial/ .25 280K 1100
Business
PA 5 25.9 ac. 22.0 ac. PC-2 Commercial .25/ 120K/ 800
/Residential 18/ac 200 du
PA 6 70.6 ac. 60.0 ac PI Industrial/ .25 655K 2600
Business
PA 7 44.3 ac. 37.7 ac. OP Office .25 410K 1640
PA 8 14.9 ac. 12.7 ac. PR-18 Multi-family 18 270 du 450
Residential du/ac
TOTALS 269.1 ac 228.8 ac - - - 2145K 9565
470 du
9
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