HomeMy WebLinkAboutORD 1279CITY OF PALM DESIf R
DEPARTMENT OF COMMUNITY DEVEL
STAFF REPORT
REQUEST: CONSIDERATION FOR APPROVAL OF ZONING ORDINANCE
MODIFICATIONS INCORPORATING CERTAIN HOUSEKEEPING
CHANGES INTO TITLE 25, ZONING, OF THE PALM DESERT
MUNICIPAL CODE TITLE 25
SUBMITTED BY: Tony Bagato, Principal Planner
APPLICANT: City of Palm Desert
DATE: January 22, 2015
CONTENTS: Reclined Ordinance No. 1279
Recommendation
Waive further reading and pass Ordinance No. 1279 to second reading
approving minor revisions to Palm Desert Municipal Code Section 25, Zoning.
Planning Commission Action
The proposed modifications to the Zoning C
Commission as an informational item. Since
project approvals, approval of the Planning
requested.
Background
rdinance were presented
they do not include any
Commission was neith
to the Planning
policy changes or
er necessary nor
In September 2013, the City Council approved Ordinance No. 1259, which was a
comprehensive rewrite of the City of Palm Desert's Zoning Ordinance. This rewrite involved
some policy changes, but was really focused on reorganizing and reformatting the code,
which had been amended sporadically over several decades so that it was no longer
cohesive, consistent, or readily comprehensible. The rewrite also introduced graphic
representations, tables, photographs, and illustrations to better depict complex regulations.
During the first year that the new Title 25 was in use, staff and other users of the code
identified 21 areas in which the code, which is 280 pages long, had errors or omissions.
For the most part, these consist of requirements that were in the old code, but that did not
get carried over into the new, restructured code. There are also instances where new State
of California regulations were not correctly inserted into the new code, and where "gaps"
that had been identified in the old code were not filled in the new code, as had been
A
Ordinance No. 1279
Staff Report
Page 2 of 2
January 22, 2015
intended. None of the 21 proposed modifications involve changes in policy or in the way in
which the City of Palm Desert has traditionally processed development applications. The
proposed modifications are best described as corrections or housekeeping changes.
Environmental Review
According to the California Environmental Quality Act (CEQA), staff must determine
whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA,
staff must conduct a preliminary assessment of the project to determine whether the project
is exempt from CEQA review. If a project is not exempt, further environmental review is
necessary. Further review from a non-exempt project would result in a Negative
Declaration, a Mitigated Negative Declaration or an Environmental Impact Report (EIR).
Generally, an EIR must be prepared if a project may have a significant impact on the
environment.
In this case, staff has determined that the proposed changes to the Zoning Ordinance are
not a project subject to CEQA because the adoption the proposed modifications will not
result in a direct or indirect physical change in the environment.
Fiscal Impact
There is no fiscal impact to the City associated with the proposed Zoning Ordinance
modifications attached to this staff report.
Submitted By:
Tony Bagato, Principal Planner
Department Head:
auri Aylaian, Director of Comm unit Development
M. Wohlmuth, City Manager
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CITY CLERK'S OFFICE
PALM DESERT, CA
2015 JAN 21 AM 10: 27
ORDINANCE NO. 1279
AGENDA PACKET
SECTION
MEETING DATE��'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING AMENDMENTS TO THE PALM DESERT
MUNICIPAL CODE TITLE 25
NOW, THEREFORE, IT SHALL BE ORDAINED by the City Council of the City of Palm
Desert, California, that the following sections of the Palm Desert Municipal Code are hereby
amended as follows:
SECTION 1: Table 25.10-1 in Section 25.10.030 (Allowed Land Uses and Permit
Requirements) of the Palm Desert Municipal Code is hereby amended as modified in the
following rows:
Residential Zoning District
(P=Permitted; A=Administrative Use Permit;
L=Large Family Day Care Use Permit;
C=Conditional Use Permit; N=Not Permitted)
Special Use
Provisions
RE
R-1
R-2
R-3
RAM
HPR
I PR
Residential Uses
Dwelling, duplex
N
N
P
P
N
N
NP
Dwelling, multifamily
N
N
P
P
N
N
NP
25.10.040.A
Dwelling, single-family
P
P
P
N
N
P
NP
Group home
P
P
P
N
N
P
NP
25.10.040.B
Agriculture -Related Uses
Domestic Animals
P
P
P
P
P
P
P
Retall, Service, and Office Uses
Hotel
N
N
N
C
N
N
NC
25.10.040.J
Resort hotel
N
N
N
NC
N
N
C
25.10.040.J
SECTION 2: That Section 25.10.040(F) and (J) (Specific Use Standards) of Palm Desert
Municipal Code is hereby amended to read as follows:
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-yeFlTliited
100 feet.
ORDINANCE NO. 1279�
J. Hotel and resort hotel. In the R-3 zoning district, tThese uses are permitted up to a
maximum of 18 units per gross acre with the issuance of a conditional use permit. M the
PR zoning district, the maximum density shall be approved by the Commission and
Council.
SECTION 3: That Section 25.10.050(A)(4) (Development Standards) of Palm Desert
Municipal Code is hereby amended to read as follows:
ORDINANCE NO. 12179
4. Exception. The standards of subsections A.1 through A.3 of this section shall be
required unless modified by the one of the following:
.i. Precise Plan.
stall be e .ea ..,ea•aed by the preeise plan of design1he
Commission and Council may approve a precise plan of design through a
public hearing process that modifies the standards in subsections A.1 throuqh
A.3. Said precise plan shall take-4aking 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 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 percent with ARC approval. Enlarging a previously approved existing
building pad shall require a new public hearing subject to the provisions of
this chapter.
SECTION 4: That Section 25.10.050(B)(19) and (B)(20) (Development Standards) of
Palm Desert Municipal Code is hereby amended to read as follows:
19. Development standards within the PR districts may be modified through the precise
plan process as specified in Section 25.72.030
20. Approval criteria. The Commission and/or Council may approve a development plan
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 Council
may impose and enforce such specific conditions as to site development, phasing
and building construction, 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
Council.
SECTION 5: Table 25.10-3 (Residential Zoning District Development Standards) in
Section 25.10.050 (Development Standards) is hereby amended as shown in Exhibit "A".
ORDINANCE NO. 1279
SECTION 6: Table 25.16-1 in Section 25.16.030 (Allowed Land Uses and Permit
Requirements) of the Palm Desert Municipal Code is hereby amended to modify the following
rows in the Use Matrix for Residential Districts. Table 25.16-1: Use Matrix for Commercial and
Industrial Districts
Commercial/industrial District
(P=Permitted; A=Administrative Use Permit;
C=Conditional Use Permit; N=Not Permitted)
Special Use
Provisions
OP
I C-1
I PC-1
I PC-2
I PC-3
I PC-4
I SI
I PI
Retail, Service, and Office Uses
Medical, office
P
P
P
P
P
N
NP'
N
Office, professional
P
P
N
P
P
P
P;
N
Personal services
N
P
N
N
NP
P
N
N
I he 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.
7 Mil ice _.nd ProfQMLQ0l once uses are a!'owed in Service Industrial zones for properties that have provided
4pprkind pgpces per 1,000 souare feet of office use.
SECTION 7: That Section 25.34.020(G)(7) (Home Occupations) of Palm Desert
Municipal Code is hereby amended to read as follows:
7. The home -based business shall not involve the use of commercial vehicles
exceeding the manufacturer's gross vehicle weight rating of 10,000 pounds or more,
except for delivery of materials to or from the premises.
SECTION 8: Table 25.46-1: (Parking Schedule) in Section 25.46.040 (Parking
Requirements) of the Palm Desert Municipal Code is hereby amended as modified in the
following rows:
Use
Minimum Stalls Required
Residential Uses
Cluster housing
Two and more bedrooms
2b per unit
Retail Serviceand Office Uses
Hotels
14 per guest unit'
SECTION 9: Table 25.56-2 (Signs Allowed in Commercial and Industrial Zoning
Districts) in Section 25.56.070 (Permanent Signs) is hereby amended as modified in the
following rows:
ORDINANCE NO. 1279
Sign Class
Allowed
e
Types
Max.
Number
of Signs
Max. Sign
Area
Max.
Sign
Heigh,
ei ht
Sign
Location
Lighting
Allowed
Additional
Requirements
Building-Mounted Signage
Business
de
identification
sign
Up to 50 ft. of
building
frontage
Flush-
mounted
or
projecting
Building-
mounted
wall sign
One per
p
building
frontage
Below
eave line
of
building
and not
higher
than 20
ft.
Sign shall be
located
adjacent to
the right -of-
way from
which its
area is
determined
Yes
Section
25.56.080.A
1 sq. ft. of
Max sign area
may decrease if
sign area per
the size of the
Within 100 ft.
of public ROW
lineal foot of
building
frontage
sign is not in
harmony with the
desion of the
Max. sign
building.
area 50 sq. ft.
1.5 sq. ft. of
Max sign area
may decrease if
sign area per
the size of the
More than 100
lineal foot of
sign is not in
ft. from public
building
harmony with the
ROW
frontage
design of the
Max. sign
building.
area 75 sq. ft.
1b. Business
Identification
sign
50-100 ft. of
building
frontage
a
Flush-
mounted
or
projecting
building-
mounted
wall sign
One per
building
frontage
w
49
Below
eave line
of
building
and not
higher
than 20
ft.
Sign shall be
located
adjacent to
the right -of -Section
way from
which its
area is
determined
Yes
25.56.080.A
eigm ares
G€si 69 A of
keata9e*-sAA
A,♦ief
�
_'CIA
�
ireAtage-t o is
499 ft,
50 sg. fl. of
Max sign area
sign area fgr
first 50 ft. of
may decrease if
frolltage and
0.5 sa. ft. of
the size of the
Within 100 ft.
of public ROW
sign area for
sign not In
each lineal ft.
harmonyis
with the
of building
design of the
building.
frontaoe ug to
100 ft.
Max sign area
75 sq.ft.
ORDINANCE NO. 1279
Sign Class
Allowed
Sign
Types
Max.
Number
of Signs
Max. Sign
Area
Max.
Height Sign
Sign
Location
Lighting
Allowed
Additional
Requirements
75 sq. ft. of
sign area for
first 50 ft. of
More than 100
frontage; and
0.5 sq. ft. of
sign area for
Max sign area
may decred>SQif
Le�c ze of the
ft. from public
ROW
each lineal ft.
of building
sign is not in
harmony with the
frontage up to
denof the.
100 ft.
building.
Max. sign
area 100
s .ft.
1c. Business
identification
sign
More than 100
ft. of frontage
Flush-
mounted
or
projecting
building-
mounted
wall sign
One per
building
frontage
75 sq. ft. of
�
frontage; and
0:5 sq fF sf
sign area fer
�iF
ef—wilding
frentage in
exee66 9f 10
Below
eave line
of
building
and not
higher
than 20
ft.
Sign shall be
located
adjacent to
the right -of-
way from
which its
area is
determined
Yes
Section
25.56.080.A
ft-
409-75 sq. ft,
Of sign area
Within 100 ft.
of public ROW
for first 100 ft.
of frontage;
and 0.25 sq.
ft. of sign
area for each
lineal ft. of
building
frontage in
ARC
approval
required
Max sign area
ma esMo If
these of_thg
sign is not in
harmony with the
design of the
buildin .
excess of 100
ft.
100 so. ft, of
sign area for
first 100 ft. of
frontage: and
More than 100
ft. from public
ROW
ARC
approval
required
Max sian area
0.25 sq. ft. of
sign area for
may decrease if
the size of the
each lineal ft
.
buildin g
sign is not in
frontage n
frontage
harmony with the
excess of 100
tt<Ma.: sign
area—
design of the
building.
ae
appmved by
ARG
SECTION 10: 25.60.060(C)(3) (Public Hearing and Public Notice) of Palm Desert
Municipal Code is hereby amended to read as follows:
3. Appeal. A ZA determination may be appealed to the Commission for a final
determination according to Section 25.60.080.
ORDINANCE NO. 1279
SECTION 11: Table 25.60-1 (Approving authority for Land Use Permits/Entitlements) in
Section 25.60.070 (Approving Authority) of the Palm Desert Municipal Code is hereby amended
as modified in the following rows:
Type of Entitlement, Permit, or
Decision
ZA
Director
ARC
PC
Certificates of use and occupancy
F
A
Temporary use permits
F
A
Home -based business permits
F
A
Large family day care use permits
F
A
AF
Adjustments
F
A
AF
MRR
Administrative use permits
F
A
AF
Reasonable accommodation
F
A
AF
Design reviews
R
F
Sign design review
R
F
Zoning decision
F
A
Use determinations
R
F
A
Precise plans
R
R1
F
A
Development plans
R
RI
F
A
Conditional use permits
R
R'-
F
A
Condominium conversion permits
R
F
A
Variances
R
R
F
A
Planned community developments
R
Rl
R
F
Amendments —zoning ordinance
R
R
F
Amendments —zoning map
R
R
F
Prezoning for annexed areas
R
R
F
Development agreements
R
R
F
General Plan updates
R
R I
F
Director --Director of Community Development, ZA=Zoning Administrator, ARC=Architectural Review
Commission, PC=Planning Commission, CC=City Council, R=Review Body, F=Final Decision
(unless appealed), and A=Appeal Body, and RR=Request Review only.
Footnotes:
1. A final determination is made by the ARC for design -related variances decisions as specified in
Chapter 25.68 (Decisions by the Architectural Review Commission)
SECTION 12: 25.60.080 (Appeals) is hereby amended to add the following language:
25.60.080 Appeals and Request for Review
G. Review by Council. The Council retains ultimate jurisdiction and authority to
pursuant to this title by delivery to the Director a request for review within 15
calendar days of the date of the decision, which will identify the decision to be
ORDINANCE NO. 1279
H. Request for review is not an appeal The Council request for review shall not
SECTION 13: 25.62.020(A) (Nonconforming Lots, Buildings, and Uses in Residential
Zones) is hereby amended as follows:
A. All nonconforming uses within any single family residential zone shall be terminated
or made to conform within 5 years after the adoption of any new zoning regulations.
SECTION 14: 25.62.030(A) and (E) (Nonconforming Lots, Buildings, and Uses in
Nonresidential Zones) is hereby amended as follows:
3
E. Change in status of nonconforming use. If a nonconforming use is discontinued
for a period of si-6 months or is succeeded by another and conforming use, it is
evidence that the nonconforming use has ended and any vested right to the
continuance of such use is terminated.
SECTION 15: 25.62.080 (Conforming Process for Legal Nonconforming Residential
Uses in Residential Zones and Office Professional Zones) is hereby amended as follows:
Legal nonconforming residential uses in R 1. R °��residential zones and OP zones
may apply for legal conforming status if they are brought into substantial compliance with
present design quality standards. The ARC shall receive and review applications for conforming
status. As part of its review the ARC may require significant upgrading and rehabilitation of the
existing facility consistent with the constraints of the original site plan. Reduction in the project
dwelling unit total will only be considered if it is required to protect public health and safety. If a
rehabilitation plan is approved by the ARC, required work must occur within one year. Once the
plan has been satisfactorily completed, a certificate of conforming status will be issued.
Certificates of conformance include a requirement that the project be maintained substantially in
the condition specified by the rehabilitation plan, in perpetuity. Failure to maintain the property
could result in revocation of conforming status. Decisions of the ARC may be appealed to the
Council.
SECTION 16: 25.64.020(B)(5) (Large Family Day Care Use Permits) is hereby amended
as follows:
ORDINANCE NO. 1279
5. In addition to submission of a completed application form as
provided by this chapter, the applicant shall submit the following documentation:
SECTION 17: 25.64.020(C) (Large Family Day Care Use Permits) Application Fee is
hereby removed and the number/letter value of 25.64.020 (C) will be replaced with the current
25.64.020(D) "Notice to property owners":
SECTION 18: 25.64.020(E) (Large Family Day Care Use Permits) "Appeal of decision"
(currently 25.64.020(F)) is hereby amended to read as follows:
E. Appeal of decision. The applicant or other affected person may appeal the decision to
grant or deny an application for a use permit pursuant to this chapter to the Commission.
The Commission's decision shall be final unless the matter is called up for review by the
Council within 15 calendar days of the Commission's decision. The appellant shall pay
the City's costs, if any, of processing and conducting the appeal. The amount of such
costs shall be estimated in advance by the ZA or his or her designee and the appellant
shall deposit said amount with the City before the City will process the request for an
appeal. If at the end of the appeal the City's actual costs were less than the estimate,
then the City shall refund the unused portion of the deposit to the appellant. In the event
that the City's costs exceeded the amount of the deposit, then the appellant shall pay the
amount of the difference to the City.
SECTION 19: 25.64.020 (Large Family Day Care Use Permits) is hereby amended to
add the following language:
•H. New applications. Followina the denial of a large family day care use permit application
or the revocation of a large family day care permit, no application for a large family day
care use permit for the same or substantially the same business on the same or
SECTION 20: 25.78.020(B)(2) and(B)(3) (Hillside Development Plan) is hereby
amended as follows:
2. Notice. All development of parcels within the Hillside Planned Residential Zoning
District that do not meet the exceptions requirement as described in 25.10.050
shall require notice of a public hearing not less than 10 days or more than 30
days prior to the date of the hearing by publication in the newspaper of general
associations within the city south of Haystack Road.
ORDINANCE NO. 1279
3. The ARC shall hold a public hearing on such application and eepsi&Fa-make a
recommendation to the Commission to approve the design of the development
plan.
SECTION 21: Chapter 25.99 (Definitions) is hereby amended to add the following
language:
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California, at its regular meeting held on the day of by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUSAN MARIE WEBER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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ORDINANCE NO. 1279
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING AMENDMENTS TO THE PALM DESERT
MUNICIPAL CODE TITLE 25
NOW, THEREFORE, IT SHALL BE ORDAINED by the City Council of the City of Palm
Desert, California, that the following sections of the Palm Desert Municipal Code are hereby
amended as follows:
SECTION 1: Table 25.10-1 in Section 25.10.030 (Allowed Land Uses and Permit
Requirements) of the Palm Desert Municipal Code is hereby amended as modified in the
following rows:
Residential Zoning District
(P=Permitted; A=Administrative Use Permit; "
L=Large family Day,Care,yse Permit,
C=Conditional Use Permit; N=Not Permitted)
Special Use
Provisions
,
RE
R-1
R-2
R4
R-IM
HPR
PR
ResldentialUses
Dwelling, duplex
N
N
P
P
N
N
P
Dwelling, multifamily
N
N
P
P
N
N
P
25.10.040.A
Dwelling, single-family
P
P
P
N
N
P
P
Group home
P
P
P
N
N
P
P
2510 040 B
Agri ulture•Related Uses x'° - 3 r Y a� _
wn 1s
Domestic Animals
P
P
P
P
P
P
P
Retail, Service, and Office Uses ; •y a,';
Hotel
N
N
N
C
N
N
C
25.10.040.J
Resort hotel
N
N
N
C
N
N
C
25.10.040.J
SECTION 2: That Section 25.10.040(F) and (J) (Specific Use Standards) of Palm Desert
Municipal Code is hereby amended to read as follows:
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.
1.
J. Hotel and resort hotel. In the R-3 zoning district, these uses are permitted up to a
maximum of 18 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 and
Council.
SECTION 3: That Section 25.10.050(A)(4) (Development Standards) of Palm Desert
Municipal Code is hereby amended to read as follows:
ORDINANCE NO. 1279
4. Exception. The standards of subsections A.1 through A.3 of this section shall be I
required unless modified by the one of the following:
i. Precise Plan. The Commission and Council may approve a precise plan of
design through a public hearing process that modifies the standards in
subsections 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 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 percent with ARC approval. Enlarging a previously approved existing
building pad shall require a new public hearing subject to the provisions of
this chapter.
SECTION 4: That Section 25.10.050(B)(19) and (13)(20) (Development Standards) of '
Palm Desert Municipal Code is hereby amended to read as follows:
19. Development standards within the PR districts may be modified through the precise
plan process as specified in Section 25.72.030
20. 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 Council may impose and
enforce such specific conditions as to site development, phasing and building
construction, 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 Council.
SECTION 5: Table 25.10-3 (Residential Zoning District Development Standards) in
Section 25.10.050 (Development Standards) is hereby amended as shown in Exhibit "A".
r ORDINANCE NO. 1279
SECTION 6: Table 25.16-1 in Section 25.16.030 (Allowed Land Uses and Permit
Requirements) of the Palm Desert Municipal Code is hereby amended to modify the following
rows in the Use Matrix for Residential Districts. Table 25.16-1: Use Matrix for Commercial and
Industrial Districts
Commeicialllndustiial DistH6
(P=Permitted; A=Administrative Use Permit;
Special Use
C=Condi4lonal Use Permit N=Not ermitted
Provisions
OP
I C-1
PC-1 I PC-2
I PC-3
I PC-4
SI PI
Retail, S_eT rvic�nd-Offce_Uses
Medical, office
P
P
P
P
P N
Pz
N
Office, professional
P
P
N
P
P P
PZ
N
Personal services
N
P
N
N
P P
N
N
n.c ww✓nonnmrn u:cy ✓c ymnn✓c✓ rnm an r,✓nnnwu auto wo . �,,,.,. ..�. ,,..q w..........................................
Permit at the discretion of the ZA based on: parking, traffic, or other impacts.
2 Medical office and Professional office uses are allowed in Service Industrial zones for properties that have provided
4 parking spaces per 1,000 square feet of office use.
SECTION 7: That Section 25.34.020(G)(7) (Home Occupations) of Palm Desert
Municipal Code is hereby amended to read as follows:
' 7. The home -based business shall not involve the use of commercial vehicles
exceeding the manufacturer's gross vehicle weight rating of 10,000 pounds or more,
except for delivery of materials to or from the premises.
SECTION 8: Table 25.46-1: (Parking Schedule) in Section 25.46.040 (Parking
Requirements) of the Palm Desert Municipal Code is hereby amended as modified in the
following rows:
�1
ORDINANCE NO. 1279
SECTION 9: Table 25.56-2 (Signs Allowed in Commercial and Industrial Zoning
Districts) in Section 25.56.070 (Permanent Signs) is hereby amended as modified in the
following rows:
Allowed Max.
Max. Sign
Max.
Sign
Lighting Additional
1 Sign Class Sign Number
Area
Sign
Location
Allowed Requirements
Types of Signs
Height
Building -Mounted Signage
Flush-
Below
Sign shall be
Business
mounted
eave line
located
Identification
dentification
One
of
adjacent to
sign
or
projecting
per
building
building
the right -of-
Yes
Section
Up to 50 ft. of
Building-
frontage
and not
way from
25.56.080.A
building
mounted
higher
which its
frontage
wall sign
than 20
area is
ft.
determined
1 sq. ft. of
sign area
Max sign area
per lineal
may decrease if
Within 100 ft.
foot of
the size of the
of public ROW
building
sign is not in
frontage
harmony with the
Max. sign
design of the
area 50 sq,
building.
ft.
1.5 sq. ft. of
sign area
Max sign area
per lineal
may decrease if
More than 100
foot of
the size of the
ft. from public
building
sign is not in
ROW
frontage
harmony with the
Max. sign
design of the
area 75 sq.
building.
ft.
Flush-
Below
Sign shall be
Business
mounted
eave line
located
identification
dentification
or
One per
of
adjacent to
sign
projecting
building
building
the right -of-
Yes
Section
50-100 ft, of
building-
frontage
and not
way from
25.56.080.A
building
mounted
higher
which its
frontage
wall sign
than 20
area is
ft.
determined
50 sq. ft. of
sign area for
first 50 ft. of
frontage;
and 0.5 sq.
Max sign area
ft. of sign
may decrease if
Within 100 ft.
area for
the size of the
of public ROW
each lineal
sign is not in
ft. of building
harmony with the
frontage up
design of the
to 100 ft.
building.
Max sign
area 75 sq.
ft.
ORDINANCE NO. 1279
C
7
Slgn Class
Allowed
Sign
Max.
Number
Max. Sign
ax.
Sign
Slgn
L gig
Additional
Area
•
Location
Allowed
equrrements
T es
of Si ns
ei t
75 sq. ft. of
sign area for
first 50 ft. of
frontage;
Max sign area
and 0.5 sq.
may decrease if
More than 100
ft. of sign
for
the size of the
ft. from public
area
each lineal
sign is not in
ROW
ft. of building
harmony with the
i
design of the
frontage up
building.
to 100 ft.
Max. sign
area 100
s .ft.
Below
Sign shall be
Flush-
save line
located
1c. Business
mounted
of
adjacent to
identification
or
One per
building
the right -of-
Section
sign
projecting
building
and not
way from
Yes
25.S6.Ofi0.A
More than 100
building-
frontage
higher
which its
ft. of frontage
mounted
than 20
area is
wall sign
ft.
determined
75 sq. ft. of
sign area for
first 100 ft. of
Max sign area
frontage;
may decrease if
and 0.25 sq.
ARC
the size of the
Within 100 ft.
ft. of sign
approval
sign is not in
of public ROW
area for
required
harmony with the
each lineal
design of the
ft. of building
building.
frontage in
excess of
100 ft.
100 sq. ft. of
sign area for
first 100 ft. of
Max sign area
frontage;
may decrease if
More than 100
and 0.25 sq.
ft.
ARC
the size of the
ft. from public
of sign
for
approval
sign is not in
ROW
area
required
harmony with the
each lineal
design of the
ft. of building
building.
frontage in
excess of
100 ft.
SECTION 10: 25.60.060(C)(3) (Public Hearing and Public Notice) of Palm Desert
Municipal Code is hereby amended to read as follows:
3. Appeal. A ZA determination may be appealed to the Commission for a final
determination according to Section 25.60.080.
ORDINANCE NO. 1279
SECTION 11: Table 25.60-1 (Approving authority for Land Use Permits/Entitlements) in
Section 25.60.070 (Approving Authority) of the Palm Desert Municipal Code is hereby amended
as modified in the following rows:
Type of Entitlement, Permit, or
Decision
ZA
Director
ARC
PC
CC
Certificates of use and occupancy
F
A
A
Temporary use permits
F
A
A
Home -based business permits
F
A
A
Large family day care use permits
F
F
RR
Adjustments
F
A
F
RR
Administrative use permits
F
F
RR
Reasonable accommodation
F
A
F
RR
Design review
R
F
A
Sign design review
R
F
A
Zoning decision
F
A
A
Use determinations
R
F
A
Precise plans
R
R
F
A
Development plans
R
R
F
A
Conditional use permits
R
R
F
A
Condominium conversion permits
R
F
A
Variances
R
R
F
A
Planned community developments
R
R'
R
F
Amendments -zoning ordinance
R
R
F
Amendments -zoning map
R
I
R
F
Prezoning for annexed areas
R
R
F
Development agreements
R
R
F
General Plan updates
R
R
F
Director -Director of Community Development, ZA=Zoning Administrator, ARC=Architectural Review
Commission, PC=Planning Commission, CC=City Council, R=Review Body, F=Final Decision
(unless appealed), A=Appeal Body, and RR=Request Review only.
Footnotes:
1. A final determination is made by the ARC for design -related decisions as specified in Chapter
25.68 (Decisions by the Architectural Review Commission)
SECTION 12: 25.60.080 (Appeals) is hereby amended to add the following language:
25.60.080 Appeals and Request for Review
G. Review by Council. The Council retains ultimate jurisdiction and authority to
determine whether any approval, denial or other decision rendered by the ZA,
Director, ARC, or the Commission is consistent with the goal and policies
established by the City and the requirements of this title. Any member of the
Council may call up for review any approval, denial or other decision made
pursuant to this title by delivery to the Director a request for review within 15
calendar days of the date of the decision, which will identify the decision to be
C
ORDINANCE NO. 1279
reviewed and may, but is not required to, specify the concerns of the
' councilperson with respect to the decision.
H. Request for review is not an appeal. The Council request for review shall not
constitute an appeal. A request for review is an indication only that a
councilperson considers the decision important enough to warrant review by the
Council to ensure the decision is consistent with the goals and policies
established by the City and the requirements of this title. The councilperson who
files a request for review need not take a position in favor or against the decision,
and a request for review shall not be construed to be an indication of approval or
disapproval of the decision. The filing of a request for review shall suspend any
permit issued pursuant to the ruling of the ZA, Director, ARC, or the Commission
until the request for review has been decided.
SECTION 13: 25.62.020(A) (Nonconforming Lots, Buildings, and Uses in Residential
Zones) is hereby amended as follows:
A. All nonconforming uses within any residential zone shall be terminated or made to
conform within 5 years after the adoption of any new zoning regulations.
SECTION 14: 25.62.030(A) and (E) (Nonconforming Lots, Buildings, and Uses in
Nonresidential Zones) is hereby amended as follows:
A. Nonconforming lots. A nonconforming lot may be developed if it has been legally
created and the construction proposed is conforming.
' E. Change in status of nonconforming use. If a nonconforming use is discontinued
for a period of 6 months or is succeeded by another and conforming use, it is
evidence that the nonconforming use has ended and any vested right to the
continuance of such use is terminated.
SECTION 15: 25.62.080 (Conforming Process for Legal Nonconforming Residential
Uses in Residential Zones and Office Professional Zones) is hereby amended as follows:
Legal nonconforming residential uses in residential zones and OP zones may apply for
legal conforming status if they are brought into substantial compliance with present design
quality standards. The ARC shall receive and review applications for conforming status. As part
of its review the ARC may require significant upgrading and rehabilitation of the existing facility
consistent with the constraints of the original site plan. Reduction in the project dwelling unit
total will only be considered if it is required to protect public health and safety. If a rehabilitation
plan is approved by the ARC, required work must occur within one year. Once the plan has
been satisfactorily completed, a certificate of conforming status will be issued. Certificates of
conformance include a requirement that the project be maintained substantially in the condition
specified by the rehabilitation plan, in perpetuity. Failure to maintain the property could result in
revocation of conforming status. Decisions of the ARC may be appealed to the Council.
SECTION 16: 25.64.020(B)(5) (Large Family Day Care Use Permits) is hereby amended
as follows:
I
5. In addition to submission of a completed application form as provided by this
chapter, the applicant shall submit the following documentation:
ORDINANCE NO. 1279
SECTION 17: 25.64.020(C) (Large Family Day Care Use Permits) Application Fee is n
hereby removed and the number/letter value of 25.64.020 (C) will be replaced with the current
25.64.020(D) "Notice to property owners" and the subsequent number/letter values.
SECTION 18: 25.64.020(E) (Large Family Day Care Use Permits) "Appeal of decision"
(currently 25.64.020(F)) is hereby amended to read as follows:
E. Appeal of decision. The applicant or other affected person may appeal the decision to
grant or deny an application for a use permit pursuant to this chapter to the Commission.
The Commission's decision shall be final unless the matter is called up for review by the
Council within 15 calendar days of the Commission's decision. The appellant shall pay
the City's costs, if any, of processing and conducting the appeal. The amount of such
costs shall be estimated in advance by the ZA or his or her designee and the appellant
shall deposit said amount with the City before the City will process the request for an
appeal. If at the end of the appeal the City's actual costs were less than the estimate,
then the City shall refund the unused portion of the deposit to the appellant. In the event
that the City's costs exceeded the amount of the deposit, then the appellant shall pay the
amount of the difference to the City.
SECTION 19: 25.64.020 (Large Family Day Care Use Permits) is hereby amended to
add the following language:
H. New applications. Following the denial of a large family day care use permit application
or the revocation of a large family day care permit, no application for a large family day a
care use permit for the same or substantially the same business on the same or
substantially the same site shall be filed within one year from the date of denial or
revocation of the large family day care use permit.
SECTION 20: 25.78.020(B)(2) and(B)(3) (Hillside Development Plan) is hereby
amended as follows:
2. Notice. All development of parcels within the Hillside Planned Residential Zoning
District that do not meet the exceptions requirement as described in 25.10.050
shall require notice of a public hearing not less than 10 days or more than 30
days prior to the date of the hearing by publication in the newspaper of general
circulation in the city and mailing notices via United States Postal Service to
parties whose name appear on the latest adopted tax rolls of Riverside County
as owning property within 4,000 feet of the exterior boundaries of the property
that is the subject of the hearing, and by notification to all homeowners
associations within the city south of Haystack Road.
3. The ARC shall hold a public hearing on such application and make a
recommendation to the Commission to approve the design of the development
plan.
SECTION 21: Chapter 25.99 (Definitions) is hereby amended to add the following
language:
Domestic animal. Means any domesticated animal or household pet that is not sold for
commercial purposes and that is commonly maintained in a dwelling unit.
ORDINANCE NO. 1279
Lot coverage. The percentage of a lot covered by the total square footage of the main
building, garage, and/or any accessory buildings that are larger than 150 square feet.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California, at its regular meeting held on the 12th day of February, 2015 by the following vote, to
wit:
AYES: HARNIK, JONATHAN, SPIEGEL, TANNER, and WEBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Susan Marie, Weber, Mayor
ATTEST:
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E
CITY CLERK'S OFFICE
PALM DESERT, CA
2015 JAN 21 AM 10: 27
ORDINANCE NO. 1279
AGENDA PAC! ET
SECTIOby C
- A
MEETING DATE (
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING AMENDMENTS TO THE PALM DESERT
MUNICIPAL CODE TITLE 25
NOW, THEREFORE, IT SHALL BE ORDAINED by the City Council of the City of Palm
Desert, California, that the following sections of the Palm Desert Municipal Code are hereby
amended as follows:
SECTION 1: Table 25.10-1 in Section 25.10.030 (Allowed Land Uses and Permit
Requirements) of the Palm Desert Municipal Code is hereby amended as modified in the
following rows:
Residential Zoning District
(P=Permitted; A=Administrative Use Permit;
L=Large Family Day Care Use Permit;
C=Conditional Use Permit; N=Not Permitted)
Special Use
Provisions
RE
R-1
R-2
R3
RAM
HPR
I PR
Residential Uses'
Dwelling, duplex
N
N
P
P
N
N
NP
Dwelling, multifamily
N
N
P
P
N
N
NP
25.10.040.A
Dwelling, single-family
P
P
P
N
N
P
NP
Group home
P
P
P
N
N
P
NP
25.10.0403
Agriculture -Related Uses
Domestic Animals
P
P
P
P
P
P
P
Retail, Service, and Office Uses
Hotel
N
N
N
C
N
N
NC
25.10.040.J
Resort hotel
N
N
N
NCQ
N
N
C
25.10.040.J
SECTION 2: That Section 25.10.040(F) and (J) (Specific Use Standards) of Palm Desert
Municipal Code is hereby amended to read as follows:
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-)aadare permitted
400 feet.
ORDINANCE NO. 1279 `
J. Hotel and resort hotel. In the R-3 zoning district. tThese uses are permitted up to a
maximum of 18 units per gross acre with the issuance of a conditional use permit. In the
PR zoning district. the maximum density shall be aooroved by the Commission and
Council.
SECTION 3: That Section 25.10.050(A)(4) (Development Standards) of Palm Desert
Municipal Code is hereby amended to read as follows:
ORDINANCE NO. 1279
4. Exception. The standards of subsections A.1 through A.3 of this section shall be
required unless modified by the one of the following:
.i. Precise Plan. The standaFds of subseGt*en6 AA thFeugh A.3 of this sestien
The
Commission and Council may approve a precise plan of desion through a
public hearing process that modifies the standards in subsections A.1 through
A.3. Said precise plan shall take -faking 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.
•iiPreviously 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 percent with ARC approval. Enlarging a previously approved existing
building pad shall require a new public hearing subject to the provisions of
this chapter.
SECTION 4: That Section 25.10.050(B)(19) and (13)(20) (Development Standards) of
Palm Desert Municipal Code is hereby amended to read as follows:
19. Development standards within the PR districts may be modified through the precise
plan process as specked in Section 25.72.030
20. Approval criteria. The Commission and/or Council may approve a develeprnent plan
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 Council
may impose and enforce such specific conditions as to site development, phasing
and building construction, 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
Council.
SECTION 5: Table 25.10-3 (Residential Zoning District Development Standards) in
Section 25.10.050 (Development Standards) is hereby amended as shown in Exhibit "A".
ORDINANCE NO. 1279
a
SECTION 6: Table 25.16-1 in Section 25.16.030 (Allowed Land Uses and Permit
Requirements) of the Palm Desert Municipal Code is hereby amended to modify the following
rows in the Use Matrix for Residential Districts. Table 25.16-1: Use Matrix for Commercial and
Industrial Districts
Commercialllndustrlal District
(P=Permitted; A --Administrative Use Permit;
C=Conditional Use Permit; N=Not Permitted
Special Use
Provisions
OP
I C-1
I PC-1
I PC-2
PC-3
I PC-4
SI
PI
Retail, Service, and Office Uses
Medical, office
P
P
P
P
P
N
NP2
N
Office, professional
P
P
N
TNNa
P
P2
N
Personal services
N
P
N
P
N
N
me esraousnmenr may be permrded Mtn 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.
2.-_--..-- - _- -`-- _ .. .. .. . .
SECTION 7: That Section 25.34.020(G)(7) (Home Occupations) of Palm Desert
Municipal Code is hereby amended to read as follows:
7. The home -based business shall not involve the use of commercial vehicles
exceeding the manufacturer's gross vehicle weight rating of 10,000 pounds or more,
except for delivery of materials to or from the premises.
SECTION 8: Table 25.46-1: (Parking Schedule) in Section 25.46.040 (Parking
Requirements) of the Palm Desert Municipal Code is hereby amended as modified in the
following rows:
Use
Minimum Stalls Required
Residential Uses
Cluster housing
Two and more bedrooms
2-5 per unit
Retail Serviceand Office Uses
Hotels
14 per guest unit'
SECTION 9: Table 25.56-2 (Signs Allowed in Commercial and Industrial Zoning
Districts) in Section 25.56.070 (Permanent Signs) is hereby amended as modified in the
following rows:
ORDINANCE NO. 1279
Sign Class
Allowed
Sign
T
Types
Max.
Number
of Signs
Max. Sign
Area
Max.
Si gn
Hei ht
Sign
Location
Lighting
Allowed
Additional
Requirements
Building -Mounted Signage
1a. Business
Identification
sign
Up to 50 R. of
building
frontage
Flush-
mounted
or
projecting
Building-
mounted
wall sign
One pef
building
frontage
Below
eave line
of
building
and not
higher
than 20
ft.
Sign shall be
located
adjacent to
the right -of-
way from
which its
area is
determined
Yes
Section
25.56.080.A
f sq. ft. of
Max sign area
may decrease if
sign area per
the size of the
Within 100 ft.
of public ROW
lineal foot of
building
frontage
ssian is not in
harmony with the
desion of the
Max. sign
building.
area 50 sq. ft.
1.5 sq. ft. of
Max sign area
may decrease if
sign area per
the size of the
More than 100
lineal foot of
sign is not in
ft. from public
building
harmony with the
ROW
frontage
design of the
Max. sign
building.
area 75 sq. ft.
Ib.Flush-
Ids ntiflcation Business
sign
sign
50-100 ft. of
building
fronts g a
mounted
or
projecting
building-
mounted
wall sign
One per
building
frontage
�
eft,-�ef
Below
save line
of
building
and not
higher
than 20
ft.
Sign shall be
located
adjacent to
the right -of -Section
way from
which its
area is
determined
Yes
25.56.080.A
frees; -end
�
�
saah It
of bwildiRil
kenteye-No-ts
"
50 sg. R. of
Max sign area
S1S7n area far
first 50 ft. of
fron ag and
may decrease if
0.5 sg. R. of
the size of the
Within 100 ft.
of public ROW
sign area fnr
sign is not in
eachlinealft
harmony with the
of hutldino
design of the
building.
.
frontage ug to
100 ft.
Max sign area
75 sq. ft.
ORDINANCE NO. inn
Sign Class
Allowed
Sign
Ts
Max.
Number
of Signs
Max. Sign
Area
Max.
Sign
Height
Sign
Location
Lighting
Allowed
Additional
Requirements
75 sq. ft. of
sign area for
first 50 ft. of
More than 100
ft. from public
ROW
frontage; and
0.5 sq. ft. of
sign area for
each lineal ft.
of building
Max sign a•P9
may- do , ",
The ize__af.„ th!
sin is not in
harmony with the
frontage up to
design of the
100 ft.
Max. sign
building.
area 100
s .ft.
1c. Business
Identification
sign
More than 100
ft. of frontage
Flush-
mounted
or
projecting
building-
mounted
wall sign
One per
building
frontage
75 q. of
AI
fFentage; and
0 25 sft ft of
6'gA fer
sash Hneat t{
of b4ildiFig
ftentage
eXG866 Of 100
Below
eave line
of
building
and not
higher
than 20
ft.
Sign shall be
located
adjacent to
the right -of-
way from
which its
area is
determined
Yes
Section
25.56.080.A
d:
440-7� sq. ft.
of sign area
Within 100 ft.
of public ROW
for first 100 ft.
of frontage;
and 0.25 sq.
ft. of sign
area for each
lineal ft. of
building
frontage in
ARC
approval
required
Max sign are
— —
may decrease if
iz of the
sign is not in
harmony with the
design of 1ha
b ildin .
excess of 100
ft.
100 so. ft. of
sign area for
first 100 ft. of
frontage: and
More than 100
ft. from public
ROW
ARC
approval
required
Max sign aren
0.25 so. ft. of
sign area for
Via-& ---t
a i;�ofthe
each lineal ft.
build in
frontaao in
frontage
sign is not in
harmony w:+h the
de5_q _Pf thf#
excess of 100
ft.Max--sign
areaas
bui'.dirta.
a99reved by
AR6
SECTION 10: 25.60.060(C)(3) (Public Hearing and Public Notice) of Palm Desert
Municipal Code is hereby amended to read as follows:
3. Appeal. A ZA determination may be appealed to the Commission for a final
determination according to Section 25.60.080.
ORDINANCE NO. 1279
SECTION 11: Table 25.60-1 (Approving authority for Land Use Permits/Entitlements) in
Section 25.60.070 (Approving Authority) of the Palm Desert Municipal Code is hereby amended
as modified in the following rows:
Type of Entitlement, Permit, or
Decision
ZA
Director
ARC
PC
CC
Certificates of use and occupancy
F
A
A
Temporary use permits
F
A
A
Home -based business permits
F
A
A
Large family day care use permits
F
A
AF
ARR
Adjustments
F
A
AF
ARR
Administrative use permits
F
A
AF
ARR
Reasonable accommodation
F
A
AF
ARR
Design reviews
R
F
A
Sign design review
R
F
A
Zoning decision
F
A
A
Use determinations
R
F
A
Precise plans
R
RI
F
A
Development plans
R
R-f
F
A
Conditional use permits
R
R'-
F
A
Condominium conversion permits
R
F
A
Variances
R
R
F
A
Planned community developments
R
Rl
R
F
Amendments -zoning ordinance
R
R
F
Amendments -zoning map
R
R
F
Prezoning for annexed areas
R
R
F
Development agreements
R
R
F
General Plan updates
R
R
F
Director -Director of Community Development, ZA=Zoning Administrator, ARC Architectural Review
Commission, PC=Planning Commission, CC=City Council, R=Review Body, F=Final Decision
(unless appealed), and A=Appeal Body. and RR=Request Review only.
Footnotes:
1. A final determination is made by the ARC for design -related variaasee-decisions as specified in
Chapter 25.68 (Decisions by the Architectural Review Commission)
SECTION 12: 25.60.080 (Appeals) is hereby amended to add the following language:
25.60.080 Appeals and Request for Review
G. Review by Council. The Council retains ultimate jurisdiction and authority to
determine whether any approval, denial or other decision rendered by the ZA.
calendar days of the date of the decision, which will identify the decision to be
ORDINANCE NO. 1279
reviewed and may, but is not required to specify the concerns of the
counciloerson with respect to the decision.
H. Reguest for review is not an appeal The Council request for review shall not
and a request for review shall not be construed to be an indication of approval or
until the request for review has been decided.
SECTION 13: 25.62.020(A) (Nonconforming Lots, Buildings, and Uses in Residential
Zones) is hereby amended as follows:
A. All nonconforming uses within any single family -residential zone shall be terminated
or made to conform within 5 years after the adoption of any new zoning regulations.
SECTION 14: 25.62.030(A) and (E) (Nonconforming Lots, Buildings, and Uses in
Nonresidential Zones) is hereby amended as follows:
A. Nonconforming lots. A nonconforming lot may be developed if it has been legally
created and the construction proposed is conforming
E. Change in status of nonconforming use. If a nonconforming use is discontinued
for a period of six-6 months or is succeeded by another and conforming use, it is
evidence that the nonconforming use has ended and any vested right to the
continuance of such use is terminated.
SECTION 15: 25.62.080 (Conforming Process for Legal Nonconforming Residential
Uses in Residential Zones and Office Professional Zones) is hereby amended as follows:
Legal nonconforming residential uses in R 1, R 2,—R presidential zones and OP zones
may apply for legal conforming status if they are brought into substantial compliance with
present design quality standards. The ARC shall receive and review applications for conforming
status. As part of its review the ARC may require significant upgrading and rehabilitation of the
existing facility consistent with the constraints of the original site plan. Reduction in the project
dwelling unit total will only be considered if it is required to protect public health and safety. If a
rehabilitation plan is approved by the ARC, required work must occur within one year. Once the
plan has been satisfactorily completed, a certificate of conforming status will be issued.
Certificates of conformance include a requirement that the project be maintained substantially in
the condition specified by the rehabilitation plan, in perpetuity. Failure to maintain the property
could result in revocation of conforming status. Decisions of the ARC may be appealed to the
Council.
SECTION 16: 25.64.020(B)(5) (Large Family Day Care Use Permits) is hereby amended
as follows:
ORDINANCE NO. 1279
5. In addition to submission of a completed application form as
provided by this chapter, the applicant shall submit the following documentation:
SECTION 17: 25.64.020(C) (Large Family Day Care Use Permits) Application Fee is
hereby removed and the number/letter value of 25.64.020 (C) will be replaced with the current
25.64.020(D) "Notice to property owners":
SECTION 18: 25.64.020(E) (Large Family Day Care Use Permits) "Appeal of decision
(currently 25.64.020(F)) is hereby amended to read as follows:
E. Appeal of decision. The applicant or other affected person may appeal the decision to
grant or deny an application for a use permit pursuant to this chapter to the Commission.
The Commission's decision shall be final unless the matter is called up for review by the
Council within 15 calendar days of the Commission's decision. The appellant shall pay
the City's costs, if any, of processing and conducting the appeal. The amount of such
costs shall be estimated in advance by the ZA or his or her designee and the appellant
shall deposit said amount with the City before the City will process the request for an
appeal. If at the end of the appeal the City's actual costs were less than the estimate,
then the City shall refund the unused portion of the deposit to the appellant. In the event
that the City's costs exceeded the amount of the deposit, then the appellant shall pay the
amount of the difference to the City.
SECTION 19: 25.64.020 (Large Family Day Care Use Permits) is hereby amended to
add the following language:
substantially the same site shall be filed within one year from the date of denial or
revocation of the large family day care use permit.
SECTION 20: 25.78.020(B)(2) and(B)(3) (Hillside Development Plan) is hereby
amended as follows:
2. Notice. All development of parcels within the Hillside Planned Residential Zoning
District that do not meet the exceptions requirement as described in 25.10.050
parties whose name appear on the latest adopted tax rolls of Riverside County
ORDINANCE NO. 1279
I
3. The ARC shall hold a public hearing on such application and esneideFa make a
recommendation to the Commission to avorove the design of the development
plan.
SECTION 21: Chapter 25.99 (Definitions) is hereby amended to add the following
language:
Domestic animal. Means any domesticated animal or household pet that is not sold for
commercial purposes and that is commonly maintained in a dwelling unit
Lot coverage The percentage of a lot covered by the total square footage of the main
building, garage, and/or any accessory buildings that are larger than 150 square feet
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California, at its regular meeting held on the day of by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUSAN MARIE WEBER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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