HomeMy WebLinkAboutZOA DRAFT ORDINANCE 1974 SECOND PRELIMINARY DRAFT
ZONING ORDINANCE
PALM DESERT
December 1974
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TABLE OF CONTENTS
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ARTICLE 25. 1 TITLE, RECITALS, INTENT AND PURPOSE 25. 1 (1)
25. 1-1 Title 25. 1 (1)
25. 1-2 Relation to the General Plan 25. 1 (1 )
25. 1-3 Intent and Purpose 25. 1 (2)
ARTICLE 25.2 DEFINITIONS 25.2 (1)
25.2-1 Definitions (A) 25.2 (1 )
25.2-2 Definitions (B) 25.2 (2)
25.2-3 Definitions (C) 25.2 (3)
25.2-4 Definitions (D) 25.2 (4)
25.2-5 Definitions (E) 25.2 (4)
25.2-6 Definitions (F) 25.2 (4)
25.2-7 Definitions (G) 25.2 (5)
25.2-8 Definitions (H) 25.2 (5)
25.2-9 Definitions ( 1 ) 25.2 (6)
25.2-10 Definitions (J) 25.2 (6)
25.2-11 Definitions (K) 25.2. (6)
25.2-12 Definitions (L) 25.2 (6)
25.2-13 Definitions (M) 25.2 (8)
25.2- 14 Definitions (N) 25.2 (8)
25.2-15 Definitions (0) 25.2 (9)
25.2-16 Definitions (P) 25.2 (9)
25.2-17 Definitions (Q) 25.2 (9) r
25.2-18 Definitions (R) 25.2 (10)
25.2- 19 Definitions (S) 25.2 (10)
.25.2-20 Definitions (T) 25.2 (12)
25.2-21 Definitions (U) 25.2 (12)
25.2-22 Definitions (V) 25.2 (13)
25.2-23 Definitions (W) 25.2 (13)
25.2-24 Definitions (X) 25.2 (13)
25.2-25 Definitions (Y) 25.2 (13)
25.2-26 Definitions (z) 25.2 (13)
ARTICLE 25.3 NATURE AND SCOPE OF THE REGULATIONS 25.3 (1 )
25.3-1 Scope of Regulations 25.3 (1 )
25.3-2 Authority for the Regulations 25.3 (1 )
25.3-3 Repeals 25.3 (1 )
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CONTENTS (continued) Page
ARTICLE 25.4 INTERPRETATION OF THE REGULATIONS 25.4 (1)
25.4-1 Regulations as Minimum Standards 25.4 (1 )
25.4-2 Regulations : Relation to Private
Agreements 25.4 (1 )
25.4-3 Regulations : Relation to Less
Restrictive Regulations 25.4 (1 )
25.4-4 Relationship of Each Section to
the Validity of the Ordinance 25.4 (1)
ARTICLE 25.5 APPLICATION 25.5 (1)
25.5-1 All Lands Within the Corporate
Limits 25.5 (1 )
25.5-2 Relationship to Prior Ordinances 25.5 (1)
25.5-3 Continuation of Previously Granted
Variances , Permits, Licenses 25.5 (1 )
25.5-4 Procedure Regarding Pending
Procedures 25.5 (1 )
25.5-5 Violation of Previous Ordinances 25.5 (1)
25.5-6 Conviction of Crimes Continued 25.5 (1)
ARTICLE 25.6 ESTABLISHMENT OF DISTRICTS 25.6 (1)
25.6-1 Intent and Purpose 25.6 (1 )
25.6-2 Types of Districts 25.6 (1)
ARTICLE 25.7 AGRICULTURAL DISTRICT 25.7 (1)
25.7-1 Intent and Purpose 25.7 (1 )
25.7-2 Permitted Uses 25.7 (1 )
25.7-3 Conditional Uses 25.7 (2)
25.7-4 Uses Prohibited 25.7 (2)
25. 7-5 Development Standards 25.7 (2)
25.7-6 • Special Standards 25.7 (3)
ARTICLE 25.8 RESIDENTIAL DISTRICTS 25.8 (1)
25.8-1 Intent and Purpose 25.8 (1)
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CONTENTS (continued) Page
ARTICLE 25.9 RESIDENTIAL - VERY LOW DENSITY 25.9 (1)
25.9-1 Intent and Purpose 25.9 (1 )
25.9-2 Principal Uses and Structures
Permitted 25.9 (1)
25.9-3 Conditional Uses 25.9 (1 )
25.9-4 Uses Prohibited 25.9 (2)
25.9-5 Development Standards 25.9 (2)
25.9-6 Special Standards 25.9 (3)
ARTICLE 25. 10 RESIDENTIAL - LOW DENSITY 25. 10 (1 )
25. 10-1 Intent and Purpose 25. 10 (1)
25. 10-2 Principal Uses and Structures
Permitted 25. 10 (1)
25. 10-3 Conditional Uses 25. 10 (1)
25. 10-4 Uses Prohibited 25. 10 (2)
25. 10-5 Development Standards 25. 10 (2)
25. 10-6 Special Standards 25. 10 (3)
ARTICLE 25. 11 RESIDENTIAL - MEDIUM DENSITY 25. 11 (1)
25. 11-1 Intent and Purpose 25. 11 (1)
25. 11-2 Permitted Uses 25. 11 (1)
25. 11-3 Conditional Uses 25. 11 (1)
25. 11-4 Uses Prohibited 25. 11 (2)
25. 11-5 Development Standards 25. 11 (2)
25. 11-6 Special Standards 25. 11 (3)
ARTICLE 25. 12 RESIDENTIAL - HIGH DENSITY 25. 12 ( 1)
25. 12-1 Intent and Purpose 25. 12 (1)
25. 12-2 Permitted Uses 25. 12 ( 1)
25. 12-3 Conditional Uses 25. 12 (1)
25. 12-4 Uses Prohibited 25. 12 (2)
25. 12-5 Development Standards 25. 12 (2)
25. 12-6 Special Standards 25. 12 (3)
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CONTENTS (continued) Page
ARTICLE 25. 13 RESIDENTIAL - MOBILE HOME PARK 25. 13 (1)
25. 13-1 Intent and Purpose 25. 13 (1)
25. 13-2 Permitted Uses 25. 13 (1)
25. 13-3 Conditional Uses 25. 13 (1)
25. 13-4 Development Standards 25. 13 (1)
25. 13-5 Special Standards 25. 13 (3)
ARTICLE 25. 14 PLANNED RESIDENTIAL DEVELOPMENT
"PR" DISTRICT 25. 14 (1)
25. 14-1 Intent and Purpose 25. 14 (1)
25. 14-2 Uses Permitted in the "PR"
District 25. 14 (1 )
25. 14-3 Al.lowable...Densiti.es 25. 14 (1 )
25. 14-4 Submittal Requirements 25. 14 (1 )
25. 14-5 Development Standards Applicable 25. 14 (2)
25. 14-6 Application Procedures 25. 14 (8)
25. 14-7 Modifications 25. 14. (9)
ARTICLE 25. 15 COMMERCIAL DISTRICTS 25: 15 (1 )
25. 15-1 Intent and Purpose 25. 15 (1)
ARTICLE 25. 16 GENERAL COMMERCIAL DISTRICT 25. 16 (1 )
25. 16-1 Intent and Purpose 25. 16 (1 )
25. 16-2 Permitted Uses 25. 16 (1)
25. 16-3 Conditional Uses 25. 16 (1)
25. 16-4 Uses Prohibited 25. 16 (2)
25. 16-5 Development Standards 25. 16 (2)
ARTICLE 25. 17 PROFESSIONAL/OFFICE DISTRICT 25. 17 (1)
25. 17-1 Intent and Purpose 25. 17 (1 )
25. 17-2 Permitted Uses 25. 17 (1 )
25. 17-3 Conditional Uses 25. 17 (1)
25. 17-4 Uses Prohibited 25. 17 (1 )
25. 17-5 Development Standards 25. 17 (1)
IV
CONTENTS (continued) Page
ARTICLE 25. 18 COMMERCIAL PLANNED DEVELOPMENT
(CP) DISTRICT 25. 18 (1)
25. 18- 1 Intent and Purpose 25. 18 (1 )
25. 18-2 Permitted Uses 25. 18 (1 )
25. 18-3 Submittal Requirements 25. 18 (1)
25. 18-4 Development Standards 25. 18 (2)
25. 18-5 Application Procedures 25. 18 (7)
ARTICLE 25. 19 INDUSTRIAL DISTRICTS 25. 19 (1 )
25. 19-1 Intent and Purpose 25. 19 (1)
ARTICLE 25.20 SERVICE INDUSTRIAL 25.20 (1)
25.20-1 Intent and Purpose 25.20 (1 )
25.20-2 Permitted Uses 25.20 (1 )
25.20-3 Conditional Uses 25.20 (1 )
25.20-4 , Accessory Uses 25.20 (2)
25.20-5 Prohibited Uses 25.20 (2)
25.20-6 Provisions for Site Plan Review 25.20 (2)
25.20-7 Development Standards 25.20 (2)
25.20-8 Condition of Usage 25.20 (6)
ARTICLE 25.21 PLANNED INDUSTRIAL/COMMERCIAL/
OFFICE COMPLEX 25.21 (1)
25.21-1 Intent and Purpose 25.21 (1 )
25.21-2 Permitted Uses 25.21 (1)
25.21-3 Submittal Requirements 25.21 (1 )
25.21-4 Development Standards 25.21 (2)
25.21-5 Application Procedures 25.21 (5)
25.21-6 Modifications 25.21 (6)
ARTICLE 25.22 PUBLIC/INSTITUTIONAL DISTRICT 25.22 (1)
25.22-1 Intent and Purpose 25.22 (1)
25.22-2 Permitted Uses 25.22 (1 )
25.22-3 Conditional Uses 25.22 (1)
25.22-4 Prohibited Uses 25.22 (2)
25.22-5 Development Standards 25.22 (2)
25.22-6 Provisions for Site Plan Review 25.22 (2)
25.22-7 Special Standards 25.22 (2)
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CONTENTS (continued) Page
ARTICLE 25.23 STUDY DISTRICT 25.23 (1)
25.23-1 , Intent and Purpose 25.23 (1 )
25.23-2 Permitted Uses 25.23 (1 )
25.23-3 Conditional Uses 25.23 (1 )
25.23-4 Provisions for Site Plan Review 25.23 (1)
ARTICLE 25.24 OPEN SPACE 25.24 (1 )
25.24-1 Intent and Purpose 25.24 (1)
25.24-2 Permitted Uses 25.24 ( 1)
25.24-3 Uses Permitted Subject to a
Conditional Use Permit 25.24 (1 )
25.24-4 Prohibited Uses 25.24 (1 )
25.24-5 Development Standards 25.24 (1 )
25.24-6 Provisions for Site Plan Review 25.24 (2)
25.24-7 Special Standards 25.24 (2)
ARTICLE 25.25 COMBINING OVERLAY DISTRICTS 25.25 (1 )
25.25-1 Intent and Purpose 25.25 (1 )
ARTICLE 25.26 DRAINAGEWAY, FLOOD PLAIN,
WATERCOURSE OVERLAY DISTRICT 25.26 (1)
25.26-1 Intent and Purpose 25.26 (1 )
25.26-2 Application 25.26 (1 )
25.26-3 "D- 1" Uses Permitted 25.26 (1 )
25.26-4 "D-1" Uses Permitted Subject to
the Issuance of a Conditional
Use Permit 25.26 (2)
25.26-5 "D-1" Uses Specifically Prohibited 25.26 (2)
25.26-6 "D-2" Uses Permitted 25.26 (3)
25.26-7 "D-2" Uses Permitted Subject to
the Issuance of a Conditional
Use Permit 25.26 (3)
25.26-8 "D-2" Uses Specifically Prohibited 25.26 (4)
25.26-9 Development Standards 25.26 (5)
25.26-10 Provisions for Site Plan Review 25.26 (5)
25.26-11 Special Standards 25.26 (5)
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CONTENTS (continued) Page
ARTICLE 25.27 SEISMIC HAZARD OVERLAY DISTRICT 25.27 (1 )
25.27-1 Intent and Purpose 25.27 ( 1)
25.27-2 Uses Permitted 25.27 (1)
25.27-3 Site Development Standards 25.27 (1 )
25.27-4 Geological Soils .Investigation 25.27 (1 )
25.27-5 Cost of Investigation 25.27 (2)
25.27-6 Provisions for Site Plan Review 25.27 (2)
ARTICLE 25.28 NATURAL FACTORS/RESTRICTED
DEVELOPMENT OVERLAY 25.28 (1)
25.28-1 Intent and Purpose 25.28 (1)
25.28-2 Uses Permitted Subject to a
Conditional Use Permit 25.28 (1 )
25.28-3 Development Standards 25.28 (1 )
25.28-4 Cost of Investigation 25.28 (1)
25.28-5 Provisions for Site Plan Review 25.28 (1 )
ARTICLE 25.29 HILLSIDE DEVELOPMENT OVERLAY DISTRICT 25.29 (1)
25.29-1 Intent and Purpose 25.29 (1 )
25.29-2 Conditional Uses 25.29 (1 )
25.29-3 Development Standards 25.29 (1 )
ARTICLE 25.30 REDEVELOPMENT OVERLAY DISTRICT 25.30 (1)
25.30-1 Intent and Purpose 25.30 (1 )
25.30-2 Permitted and Conditional Uses 25.30 (1)
25.30-3 Development Standards 25.30 (1)
ARTICLE 25.31 SCENIC PRESERVATION OVERLAY 25. 31 (1 )
25.31-1 Intent and Purpose 25.31 (1)
?5.31-2 Permitted and Conditional Uses 25.31 (1 )
?5.31-3 Development Standards 25.31 (1)
ARTICLE 25.32 GENERAL PROVISIONS 25.32 (1)
25.32-1 Required Street Dedication
and Improvement 25.32 (1)
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CONTENTS (continued) Page
25. 32-2 Dedication of Other
Rights-of-Way 25.32 (1 )
25.32-3 Required Drainage Fees 25.32 (1 )
25.32-4 Required Park Dedication and
Park Fees 25. 32 (2)
25.32-5 Undergrounding Requirements 25.32 (2)
25.32-6 Development Standards 25.32 (2)
ARTICLE 25.33 OFF-STREET PARKING AND LOADING
REQUIREMENTS 25.33 (1)
25.33-1 Intent and Purpose 25.33 (1)
25.33-2 General Provisions 25. 33 (1 )
25.33-3 Parking Development Standards 25.33 (2)
25.33-4 Supplemental Development Standards
for Residential Uses 25. 33 (4)
25.33-5 Parking Design Standards 25.33 (4)
25.33-6 Residential Off-Street Parking
Schedule 25.33 (6)
25.33-7 Commercial and Industrial
Off-Street Parking Schedule 25. 33 (6)
25.33-8 In-Lieu Parking Payments 25.33 (12)
25.33-9 Off-Street Loading Requirements 25.33 (12)
ARTICLE 25. 34 BUILDING LINE REGULATIONS 25.34 (1)
ARTICLE 25.35 PERMITTED TEMPORARY USES 25.35 (1)
25.35-1 Purpose and Intent 25.35 (1)
25.35-2 Uses Permitted Subject to
Temporary Use Permit 25.35 (1 )
25.35-3 Application and Filing Fee 25.35 (1)
25.35-4 Decision 25.35 (1)
25.35-5 Conditions 25.35 (1)
ARTICLE 25.36 HOME OCCUPATIONS 25.36 (1)
25.36-1 Purpose and Intent 25.36 (1 )
25.36-2 Regulations 25.36 (1 )
25.36-3 Use Permit 25.36 (1 )
25.36-4 Term and Renewal of Home
Occupation Use Permits 25.36 (2)
25.36-5 Permit Fees 25.36 (2)
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CONTENTS (continued) Page
ARTICLE 25.37 LINE OF SITE 25.37 (1)
ARTICLE 25.38 ADMINISTRATION 25.38 (1 )
25.38-1 Powers , Authority and
Responsibilities of the
Planning Commission and
Zoning Administrator 25.38 (1)
25. 38-2 Determine as to Uses Not Listed 25.38 (2)
25.38-3 Conditional Uses 25.38 (4)
25.38-4 Architectural Review Board 25.38 (9)
25.38-5 Variances and Adjustments 25.38 (14)
25.38-6 Annexed Territory 25.38 (19)
25.38-7 Amendments to Zoning Ordinance
Text 25.38 (19)
25.38-8 Amendment to Zoning Map 25.38 (21)
25.38-9 Public Hearing Time and Notice 25.38 (23)
25. 38-10 Appeals 25.38 (23)
ARTICLE 25.39 NON-CONFORMING USES AND STRUCTURES 25.39 (1 )
25.39-1 Purpose and Intent 25.39 (1 )
25.39-2 Continuation and Maintenance 25. 39 (1)
25.39-3 Alterations and Additions to
Non-Conforming Uses and
Structures 25. 39 (1 )
25.39-4 Abandonment of Non-Conforming Use 25.39 (2)
25.39-5 Restoration of a Damaged Structure 25. 39 (2)
25.39-6 Elimination of Non-Conforming
Uses and Structures 25.39 (3)
25.39-7 Time When Use or Structure Becomes
Non-Conforming 25.39 (4)
25.39-8 Notice of Removal Date for
Non-Conforming Use or Structure 25.39 (4)
ARTICLE 25.40 ENVIRONMENTAL IMPACT REPORT
REQUIREMENTS 25.40 Q)
25.40-1 Intent and Purpose 25.40 (1 )
25.40-2 Exempt Activities 25.40 (1 )
25.40-3 Initial Studies 25.40 (3)
25.40-4 Negative Declarations 25.40 (5)
ix
CONTENTS (continued) Page
25.40-5 Environmental Impact Report
Provisions 25.40 (5)
25.40-6 Contents of the Environmental
Impact Report 25.40 (6)
25.40-7 Consultation and Review Procedures 25.40 (10)
25.40-8 Notice of Completion 25.40 (11)
25.40-9 Evaluation and Response 25.40 (11)
25.40-10 Commission Public Hearing 25.40 (11)
25.4o-11 Final Environmental Impact Report 25.40 (il)
25.40-12 Council Public Hearing 25.40 (11)
25.4o-13 Notice of Determination 25.40 (11)
ARTICLE 25.41 CERTIFICATES OF USE AND OCCUPANCY 25.41 (1)
25.41-1 Purpose and Intent 25.41 (1 )
25.41-2 Application and Issuance of Use
Certificate 25,41 (1)
25.41-3 Issuance of Building Permit 25.41 (1)
25.41-4 Issuance of Certificate of
Occupancy 25.41 (1)
25.41-5 Determination of Compliance with
Required Conditions 25.41 (2)
ARTICLE 25.42 ENFORCEMENT, LEGAL PROCEDURE,
PENALTIES 25.42 (1)
ARTICLE 25.43 ADOPTION AND AMENDMENT OF GENERAL
PLAN PROCEDURES 25.43 (1)
25.43-1 Manner of Adoption 25.43 (1 )
25.43-2 Planning Commission Public Hearing 25.43 (1)
25.43-3 Planning Commission Action 25.43 (1 )
25.43-4 City Council Public Hearing 25.43 (1 )
25.43-5 Changes to Plan Approved by
Commission 25.43 (1)
ARTICLE 25.44 INTERPRETATION OF DISTRICT
BOUNDARIES AND WORD USAGE 25.44 (1 )
25.44-1 District Boundaries 25.44 (1 )
25.44-2 Word Usage 25.44 (1 )
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I
CONTENTS (Continued) Page
ARTICLE 25.45 ZONING MAP 25.45 (1 )
25.45-1 Zoning Map Reference 25.45 (1)
25.45-2 District Classifications 25.45 (1 )
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xi '
ARTICLE 25. 1 TITLE, RECITALS, INTENT AND 'PURPOSE
25. 1-1 Title
This Chapter shall be known as the Zoning Ordinance of the City of
Palm Desert.
25. 1-2 Relation to the General Plan
The Palm Desert City Council has instituted a comprehensive planning
program in order to insure that the anticipated growth within the
City is not subject to the problems associated with haphazard and
uncontrolled development but is rather, 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.
The General Plan includes among its goals, objectives, and policies,
the following:
- develop relationships between land uses within the City
that will bring City costs and revenues into balance
over time
- develop a land use pattern that takes optimum advantage
of the City 's natural assets including views , mountain
areas and the desert floor
- minimize conflicts between land uses created by drastic
variations in intensities of use, densities and access
requirements
- develop land use relationships that are efficient and
compatible, yet allow the flexibility that is necessary
to respond to changes in socio-economic factors
- maintain .the character of Palm Desert as a low intensity
residential community
- develop land use regulations that will encourage infill
housing in developed sections of the City and provide for
Innovative residential development in undeveloped areas
1 Additionally, the plan indicates the need to provide a range of
housing types for varying income ranges and encourages development
of a land use pattern oriented to, and utilized by, all social and
economic levels.
25. 1 (1)
The implementation Element of the Generai Plan recommends the
orderly development of the City and the elimination of the potential
for haphazard land development through a variety of implementation
measures. Among the methods noted is a regulatory zoning ordinance
to govern the uses of land and the density and intensity of develop-
ment.
25. 1-3 Intent and Purpose
The zoning regulations of the City of Palm Desert 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 con-
sistent with the Palm Desert General Plan. More specifically,
these regulations are adopted to achieve the following objectives:
- Relate proposals for development to the provisions and
recommendations to the City's General Plan and insure
the consistency of development with the General Plan.
- Foster a harmonious, convenient, workable relationship
among land uses
- Ensure that public and private lands ultimately are used
for the purposes which are most appropriate and most bene-
ficial to the City as a whole
- Prevent the creation of population densities that will
adversely affect the City's ability to provide community
facilities, utilities, and services
- Ensure adequate consideration for urban design in the
development process so that new development enhances the
City as it matures
- Foster the provision of adequate off-street parking and
off-street truck loading facilities
- Promote consideration of natural environmental features
in the development and use of land within the City.
25. 1 (2)
ARTICLE 25.2 DEFINITIONS
For the purposes of this Ordinance, certain words, phrases, and
terms used herein shall have the meaning assigned to them by
this Article.
25.'2-1 Definitions (A)
Abut - Two adjoining parcels of property with a common property
line, including two or more lots adjoining only at a corner, ex-
cept where such common property line is located in a public street
right-of-way.
Access or Access Way - The place, means, or way by which pedestrians
and vehicles shall have safe, adequate, and usable ingress and
egress to a property or use as required by this Ordinance.
Accessory Building - A subordinate building located on a building
site, the use of which is customarily incidental to that of a main
building or to the use of the land.
Alley - A public or private way not more than 20 feet wide perm-
anently reserved as a secondary means of access to abutting property.
Ambient Level - The general noise level one finds in a certain area
at a given time.
Animal Clinic - A place where animals no larger than the largest
breed of dogs are given medical or surgical treatment. A facility
primarily for treatment of out-patients and where only short .time,
critical patients are kept longer than 24 hours. Boarding of
animals shall be incidental to such clinic use.
Animal Hospital , Livestock - A place where livestock (horses, cows,
etc.) and small animals are given medical or surgical treatment.
Boarding of animals shall be incidental to such hospital use.
Apartment House - Any building or portion thereof which is designed,
built, rented, let or hired out to be occupied, or which is occupied
as the home or residence of three or more families living indepen-
dently of each other and doing their cooking in the said building.
Architectural Projections - Projections .from a building which are
necessary for the shading of a building or features such as sills,
cornices and chimneys. Such projections may extend into required
yards only as allowed by the provisions of this ordinance.
25.2 (1)
Automotive Repair Specialty Shops - A retail and service place of
business engaged primarily in light repair, and sale of goods and
service for automotive vehicles including brake, muffler, and tire
shops and their accessory uses. Heavier automotive repair inclu-
ding but not limited to transmission and engine repair are not
included herein.
Automotive, Trailer, and Mobile Home Sales Lot - An open area used
for the display, sales or rental of new or used automobiles or
trailer coaches; but where no repair, repainting or remodeling is
done.
Automotive Service Station - A retail place of business engaged
primarily in the sale of motor fuels and supplying only those
incidental goods and services which are required in the day-to-day
operation of automotive vehicles and the fulfilling of motorist
needs .
Automobile Wrecking Business - The dismantling or wrecking of used
motor vehicles or trailers, or the storage and sale of dismantled
or damaged vehicles or their parts, but not including the inciden-.
tal storage of damaged vehicles in connection with the operation
of a repair garage.
25.2-2 Definitions (B)
Boarding or Rooming House - A building containing a dwelling unit
where lodging is provided with or without meals for compensation
for five (5) or more persons.
Building - A structure having a roof supported by columns or walls.
Building, Main - A building or buildings within which is conducted
the principal use permitted on the lot, as provided by this Ordinance.
Building Height - The vertical distance from the average elevation
of the finished grade to the highest point on the structure directly
above, provided that a roof shall be measured to the average height
of the roof.
Building Site - A legally created parcel or contiguous parcels of
land in single ownership, which provides the area and open spaces
required by this Ordinance , exclusive of all vehicular and pedes-
trian rights-of-way and all other easements that prohibit .the sur-
face use of the property by the owner thereof.
Building Site Coverage - The percentage of the Building Site covered
by structures , open or enclosed, excluding courts, patios, terraces ,
swimming pools, and post supported roofs over walkways .
25.2 (2)
I
Building Site, Through - A building site having frontage on two
parallel or approximately parallel streets.
Business - Management, operation, sale, purchase or other trans-
action involving the handling or disposition of commodities or
services.
25.2-3 Definitions (C)
Carport - A roofed structure, or a portion of a building, open on
two or more sides primarily for the parking of automobiles belonging
to the occupants of the property.
City - City of Palm Desert
Clinic, Medical - An organization of doctors providing physical or
mental health service and medical or surgical care of the sick or
injured but shall not include in-patient or overnight accommodations.
Club - An association of persons for some common purpose but not
including groups organized primarily to render a service which is
customarily carried on as a business.
Cluster Development - An arrangement of dwelling units , attached or
detached which provides a number of dwelling units sufficient to
meet density requirements , constructed on smaller lots in return
for the restriction or dedication of the remaining acreage as
permanent open space.
Commercial - Operated or carried on primarily for financial gain.
Commercial Recreation - Any use or development either public or
private, providing amusement, pleasure, or sport; which is operated
or carried on primarily for financial gain.
Commission or Planning Commission - The City of Palm Desert Planning
Commission.
Community Facility - A noncommercail use established primarily for
the benefit and service of the population of the community in
which it is located.
Convalescent Home, Nursing Home, Rest Home and Home for the Aged -
A facility licensed by the State Department of Public Health, the
State Department of Social Welfare, or the County of Riverside,
which provides bed and ambulatory care for patients with post-
operative convalescent, chronically ill or dietary problems , and
persons unable to care for themselves ; but not including alcoholics,
drug addicts, or persons with mental or contagious diseases or
afflictions.
25.2 (3)
Conventional Development - A development, other than a condominium,
apartment, or cluster development , with each dwelling unit situated
on a residential lot of record and no lot contains more than one
dwelling unit.
Council - The City Council of the City of Palm Desert.
Country Club - A club organized and operated primarily for social
and outdoor recreation purposes, including incidental accessory
uses and structures.
25.2-4 Definitions (D)
Day Nursery ( Including Pre-school and Nursery Schools)- Any group
of buildings, building or portion thereof, used primarily for the
daytime care of six or more children at any location other than
their normal place of residence.
Density - The total number of dwelling units permitted on an acre
of land exclusive of all existing public streets and rights-of-way.
Driveway - A vehicular passageway for the exclusive use of the
occupants of a property and their guests. A driveway shall not be
considered as a street.
Duplex - A permanent building containing two dwelling units.
Dwelling, Multiple Family - A permanent building containing three
or more dwelling units.
Dwelling, Single Family - A permanent building containing one
dwelling unit.
Dwelling Unit - One or more rooms and a single kitchen, designed
for occupancy by one family for living and sleeping purposes.
25.2-5 Definitions (E)
Easement - A recorded right or interest in the land of another,
which entitles the holder thereof to some use, privilege or bene-
fit out of or over said land.
Educational Institution - Private or public schools, colleges or
universities qualified by the State Board of Education to give
general academic instruction.
25.2-6 Definitions (F)
Family - One or more persons immediately related by blood, marriage
or adoption, living in a single housekeeping unit in a dwelling
25.2 (4)
.,together with their domestic employees. A group of not more than
(Y*f_ unrelated persons living together with their domestic employ-
ees shall also be considered a family.
Floor Area, Gross - The total horizontal area, in square feet,
including the exterior walls of all floors of a structure.
Floor Area Ratio - The numerical value obtained by dividing the
gross floor area of a building or buildings located upon a lot or
parcel of land by the total area of such lot or parcel of land.
25.2-7 Definitions (G)
Garage, Private - A building, or a portion of a building, used
primarily for the parking of automobiles belonging to the occupants
of the property.
Garage, Public - A building other than a private garage used for
the maintenance or temporary storage of motor vehicles.
General Plan and the Palm Desert General Plan - The General Plan of
the City of Palm Desert.
farossMrea- The hor. izon�tal a/r'qa wi hin he t 1i es f a lot or
p`arc�l\\ofl land %eelfore pub l�i� kt��ee s� eas n� o h eas�t�
b� d di �tedJor �eser`ve'd fo ///public se are de ted from s c 1 t
or\ arce
Grade, Ground Elevation - The average elevation of the finished
ground surface surrounding a building.
Grazing - The act of pasturing livestock on growing grass or other
growing herbage, or on dead grass or other dead herbage existing
in the place where grown, as the principal sustenance of the live-
stock so grazed.
Gross Area - The total horizontal area within the lot lines of a
lot or parcel of land before public streets, easements or other areas
to be dedicated or reserved for public use are deducted from such
lot or pracel .
25.2-8 Definitions (H)
Home Occupation - An occupation conducted as an accessory use with-
in a dwelling unit.
Hospital - A facility licensed by the State Department of Public
Health providing clinical , temporary or emergency service of a
medical , obstetrical or surgical nature to human patients.
25.2 (5)
Hotel - Any building or portion thereof with access provided through
a common entrance, lobby or hallway to six or more guest rooms, and
which rooms are designed, intended to be used or are used, rented or
hired out as temporary or overnight accommodations for guests.
25.2-9 Definitions (1 )
Improvements - Any man-made actions which add to the value or
enhance the value of land, e.g. streets, utilities, buildings.
Industry - The manufacture, fabrication, processing, reduction or
destruction of any article, substance or commodity, or any other
treatment thereof in such a manner as to change the form, character,
or appearance thereof, and including storage elevators, truck
storage yards, warehouses, wholesale storage and other similar
types of enterprise.
Institution - A social , educational , governmental , health, or reli-
gious organization.
25.2-10 Definitions (J)
Junk - Any worn out, cast-off, or discarded article or material .
Junk and Salvage Yard - Any property used for the breaking up,
dismantling, sorting, storage, distribution, or sale of any scrap,
waste material or junk.
25.2-11 Definitions (K)
Kennel - Any property where four or more dogs or cats,over the age
of four months, are kept or 'maintained.
Kennel , Commercial - Any kennel maintained for the purpose of
boarding, breeding, raising or training dogs or cats for a fee or
for sale.
Kennel , Noncommercial - Any property where four or more dogs and
cats, over the age of four months, are kept or maintained for the
use and enjoyment of the occupant for noncommercial purposes.
25.2-12 Definitions (L)
Lot - Any numbered or lettered parcel shown on a recorded tract- map,
a record of survey recorded pursuant to an approved division of
land, or a Parcel Map.
Lot, Corner - A lot located at the intersection or interception of
two (2) or more streets at an angle of not more than one hundred
thirty five (135) degrees, the lot shall be considered an IIInteT-or
Lot".
25.2 (6)
Lot Depth - The average horizontal distance between the front and
rear lot lines measured in the mean direction of the side lot lines.
Lot, Flag - A lot so shaped and designed that the main building site
area is set back from the street on which it fronts and includes an
access strip not less than twenty feet in width at any point
connecting the main building site area to the frontage street.
Lot, Interior - A lot other than a corner or reverse corner lot.
Lot, Key - The first lot to the rear of a reverse corner lot and
not separated by an alley.
Lot Line - Any line bounding a lot as herein defined.
Lot Line, Front - On an interior lot, the front lot line is the
property line abutting the street. On a corner or reverse corner lot,
the front lot line is the shorter property line abutting a street,
except in those cases where the subdivision or parcel map specified
another line as the front lot line. On a through lot or a lot with
three (3) or more sides abutting a street or a corner or reverse
corner lot with lot lines of equal length, the Zoning Administrator
shall determine which property line shall be the front lot line for
the purposes of compliance with yard and setback provisions of this
Ordinance. On a private street or easement, the front lot line
shall be designed as the edge of the easement.
Lot Line, Interior - A lot line not abutting a street.
Lot Line, Rear - A lot line not abutting a street which is opposite
and most distance from the front lot line. In the case of an
irregular-shaped lot, a line within the lot, parallel to and at a
maximum distance from the front lot line, having a length of not
less than ten (10) feet. A lot which is bounded on all sides by
streets may have no rear lot lines.
Lot, Reverse Corner - A corner lot, the side line of which is sub-
stantially a continuation of the front lot lines of the lot to its
rear, whether across an alley or not.
Lot Line, Side - Any lot line not a front lot line or rear lot line.
Lot, Through - .A lot having frontage on two dedicated parallel or
approximately parallel streets.
Lot Width - The horizontal distance between the side lot lines,
measured at right angles to the lot depth at a point midway between
the front and rear lot lines.
25.2 (7)
25.2-13 Definitions (M)
Master Plan of Arterial Highways - The Master Plan of the ^�e 4t 0-_
R4A%.rs.ide designating adopted and proposed routes for all arterial
highways within the City of Palm Desert.
Master Plan of Drainage - Refers to an engineering report outlining
the drainage facilities needed for the proper development of a
specific increment of the City, and duly adopted by the City Council
of the City of Palm Desert.
Mobilehome - A vehicle designed and equipped for human habitation,
and for being drawn by a motor vehicle and having no foundation
other than jacks, `piers, wheels or skirtings
Mobilehome Park - Any area or tract of land where one or more
mobilehome lots are rented or leased or held out For rent or lease
to accommodate mobilehomes used for human habitation, and includes
mobilehome accommodation structures. The rental paid for any such
mobilehome shall be deemed to include rental for the lot it occupies.
Motel - A building or group of buildings containing guest rooms or.
dwelling units designed, intended, or used primarily for the
accommodation of transient automobile travelers; including but not
limited to buildings or building groups designated as auto cabins,
motor courts, or motor.hotels.
25.2-14 Definitions (N)
Net Area - The total horizontal area within the property lines of
a lot or parcel of land exclusive of all rights-of-way and all
easements that physically prohibit the surface use of a portion of
the property.
Noncommercial - An enterprise or activity which is not normally
conducted for profit or gain.
Nonconforming Structure - A lawfully established building or
structure that does not conform to the regulations of this Ordinance,
or is designed for a use that does not conform to the regulations
of this Ordinance, for the district in which it is located, either
at the effective date of this Ordinance, or as the result of sub-
sequent amendments to this Ordinance.
Nonconforming Use - The lawfully established use of a building,
structure, or land that does not conform to the use regulations of
this Ordinance for the district in which it is located, either at
the effective date of this Ordinance, or as the result of subsequent
amendments to this Ordinance.
25.2 - (8)
25.2-15 Definitions (0)
Open Space- Any parcel of land or water which is essentially
unimproved and devoted to an open space use.
25.2-16 Definitions (P)
Parcel - the same as "lot".
Parking Area, Private - An area, other than a street, designed or
used primarily for the parking of private vehicles and not open
to general public use.
Parking Area, Public - An area, other than a private parking area
or street, used for the parking of vehicles and available, for
general public use, either free or for remuneration.
Parking Area, Restricted - An area used for parking vehicles on a
semi -permanent basis and not available to the general public for
hourly or day-to-day parking.
Parking Stall - The space within a building or a private or public
parking area, exclusive of driveways, ramps , columns , office and
working areas , for the parking of one automobile, not less than
twenty feet in length and not less than nine feet in width.
Planned Development - A development of parcels of land as a
coordinated project which has been developed according to an
approved Development Plan. Adequate control of the development
is provided, in order to maintain aesthetic values and to protect
the investment of developers as well as the community as a whole.
Planned developments may be either residential , commercial , or
industrial in nature.
Planned Street Line - The planned right-of-way for a major or
secondary highway or traffic collector street. A yard abutting
such a highway or street shall be measured from this planned
right-of-way line.
Private - Belonging to, or restricted for the use or enjoyment of
particular persons.
Public Safety Area - A strip of land adequate in width adjacent to
and parallel with a street right-of-way.
25.2-17 Definitions (Q)
(Reserved)
25.2 (9)
25.2-18 Definitions (R)
Real Estate Tract Sales Office - A temporary use of a building for
the sole purpose of selling tract residences within a particular
subdivision or series of subdivisions.
Retail - The selling of goods, wares or merchandise directly to the
ultimate consumer.
Riding and Hiking Trails - A trail or way designed for and used by
equestrians, pedestrians, and cyclists using non-motorized bicycles.
Right-of-Way - An area or strip of land, either public or private,
on which a right of passage has been recorded.
25.2-19 Definitions (S)
Salvage - Any article or material which is to be or intended to be
reclaimed or saved from destruction.
Sanitarium, Health - An institution where patients, other than
mental or drug addict patients are housed and where medical or
post-surgical treatment is provided.
Sanitarium, Mental - An institution for the recuperation and treat-
ment of victims of mental disorders or drug addiction.
Scenic Highway - Any highway designated a scenic highway by an
agency of the City, County, State or Federal Government.
Service - An act , or any result of useful labor, which does not,
in itself, produce a tangible commodity.
Setback Area - The area between the building line and the property
line, or when abutting a street, the ultimate right-of-way line.
Setback Distance - The distance between the building line and the
property line, or when abutting a street, the ultimate right-of-way
line.
Sign - Any device used for visual communication or attraction,
including any announcement, declaration, demonstration, display,
illustration, insignia or symbol used to advertise or promote the
interest of any person; together with all parts, materials, frame
and background.
"Sign" and "Advertising Device" shall not include the following for
purposes of this Ordinance:
25.2 (10)
(a) Official notices issued by any court or public body or
officer;
(b) Notices posted by any public officer in performance of
a public duty or by any person in giving any legal
notice;
(c) Directional , warning, or information signs or structures
required by or authorized by law or by Federal , State or
County authority;
(d) The flag of the State of California or of the United
States of America or any official flag of any other
state or country.
Shopping Center - An integrated development of retail and service
commercial activities on one parcel of land sharing common parking
facilities and serving a wide spectrum of community shopping
centers.
Stable, Private - A building, or a portion of a building used to
shelter and feed equines which are used exclusively by the
occupants of the property on which the stable is situated.
Stable, Public - A stable other than a private stable.
State - The State of California
Story - That portion of a building included between the upper
surface of any floor and the upper surface of the floor next
above, except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor
and the ceiling or roof above.
Street or Highway - A public or private vehicular right-of-way
other than an alley.
Freeway- A high-speed divided arterial highway for through
traffic with full control access and grade separations at
major intersections. A freeway has emergency parking only
and no parallel and perpendicular pedestrian movements.
Parkway - A relatively low-speed arterial highway abutting
and distributing trips to a variety of land uses . This
facility primarily serves short range trips and is generally
a significant activity element as it borders the ''activity
corridors''. A parkway has emergency parking only and will
have considerable parallel and perpendicular pedestrian
movement.
25.2 (11)
Community Collector - A medium speed highway abutting similar
land uses. The primary function is to collect and distribute
trips within a hierarchy of roads and, secondarily, to carry
short trips between adjacent neighborhoods. A community
collector has emergency parking only and has a significant
amount of parallel and perpendicular pedestrian traffic.c.
Local Street - A low-speed, low-volume highway primarily for
access to residential , business , and other abutting property.
A local street has parking and a significant amount of
parallel and perpendicular pedestrian traffic.
Street, Center Line - The center line of a street right-of-way as
established by official surveys.
Street Opening - A curb break, or a means, place, or way provided
for the purpose of gaining vehicular access between a street and
abutting property.
Structure - Anything constructed or erected requiring a fixed
location on the ground or attached to something having a fixed
location on the ground except business signs and other improvements
of a minor character.
Structural Alterations - Any change in the supporting members of a
building or structure.
Swirt�anin9 Pool - An artificial body of water having a depth in excess
of 78 inches, designed, constructed and used for swimming, dipping
or immersion purposes by men, women or children.
25. 2-20 Definitions (T)
Townhouse Development - A cluster development consisting of attached
dwelling units.
Travel Trailer - A vehicle designed for human habitation, for carry-
ing persons and property on its own structure, and used for travel
or recreational purposes.
Travel Trailer Park - Any area or property where spaces are rented
or held out for rent, for not more than 30 days, to one or more
users of travel trailers.
25.2-21 Definitions (U)
Ultimate Right-of-Way - The right-of-way shown as ultimate on an
adopted Precise Plan of Highway Alignment ; or the street rights-
of-way shown within the boundary of a recorded tract map, a recorded
parcel map, or a recorded Development Plan. The latest adopted
25.2 (12)
or recorded document in the above cases shall take precedence. If
none of these exist, the ultimate right-of-way shall be considered
the right-of-way required by the highway classification as shown on
the Master Plan of Arterial Highways. In all other instances, the
ultimate right-of-way shall be considered to be the existing right-
of-way.
Use - The purpose for which land or a building is occupied, arranged,
designed or intended, or for which either land or building is or
may be occupied or maintained. '
Use, Accessory - A use customarily incidental and accessory to the
principal use of the land or building site, or to a building or
other structure located on the same building site as the principal
use.
Use, Principal - The main purpose for which land or a building is
occupied, arranged, designed or intended, or for which either land
or building is or may be occupied or maintained.
Use, Temporary - A use which is required for the proper function of
the community or temporarily required in the process of establishing
a permitted use, or construction of a public facility. Such use
shall be permitted only after the issuance of a Temporary Use
Permit as established by the provisions of this Ordinance.
25.2-22 Definitions (V)
Vehicular Accessway - A private , non-exclusive vehicular easement
affording access to abutting properties.
25.2-23 Definitions (W)
Wing Wall - An architectural feature in excess of six feet in
height which is a continuation of a building wall projecting
beyond the exterior walls of a building.
25.2-24 Definitions (X)
(Reserved)
25.2-25 Definitions (Y)
Yard - Any open space on the same lot with a building or dwelling
group, which space is between the setback lines and the lot lines
of the parcel or the planned street line and is unoccupied and
unobstructed except for the projections permitted by this Ordinance.
25.2-26 Definitions (Z)
Zoning Ordinance or this Ordinance - The Comprehensive Zoning
Ordinance of the City of Palm Desert.
Zoning Map - The Official Zoning Map of the City of Palm Desert,
which is a part of this Ordinance.
25.2 (13)
ARTICLE 25.3 NATURE AND SCOPE OF THE REGULATIONS
25. 3-1 Scope of Regulations
This Ordinance is adopted to accomplish the stated objectives of
and to implement the General Plan of the City of Palm Desert. To
accomplish these objectives the City of Palm Desert shall regulate
the use, location, area and dimension of sites for development; the
bulk and height of structures, the appearance of certain uses,
structures, and 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 of Palm
Desert.
25.3-2 Authority for the Regulations
The authority for the regulations contained within this Ordinance
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 use, and the
adoption of standards for the regulation of population density;
and the police power granted to municipalities by the laws of the
State of California,
25.3-3 Repeals
All ordinances and parts of ordinances inconsistent with the pro-
visions of this Ordinance are hereby repealed insofar as they are
inconsistent with the provisions hereof.
25. 3 (1)
ARTICLE 25.4 INTERPRETATION OF THE REGULATIONS
25:4-1 Regulations as Minimum Standards
The regulations within this Ordinance represent minimum standards
and provisions except as otherwise specified for the development
and use of land and structures.
25.4-2 Regulations: Relation to Private Agreements
The provisions of this Ordinance are not intended to revoke any
easements , codes, covenants and restrictions or other existing
agreements which are more restrictive than the provisions of this
Ordinance.
25.4-3 Regulations : Relation to Less Restrictive Regulations
Whenever the provisions of this Ordinance 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 Ordinance or the rules or regulations included
within this Ordinance shall govern.
25.4-4 Relationship of Each Section to the Validity of the
Ordinance
If any section, subsection, sentence, clause, phrase or portion of
this Ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision.and such determination
shall not affect the validity of the remaining portions hereof.
25.4 (1)
ARTICLE 25.5 APPLICATION
25.5-1 All Lands within the Corporate Limits
The provisions of this Ordinance are declared to be in effect upon
all land within the incorporated jurisdiction of the City of Palm
Desert as exist or is hereafter changed by annexation.
25.5-2 Relationship to Prior Ordinances
Any building for which a building permit has been issued under the
provisions of earlier Ordinances of the City which are in conflict
with this Ordinance, and on which substantial construction has been
performed by integration of materials on the site before the
effective date of this Ordinance, may be continued and completed in
accordance with the plans and specifications upon which the permit
was issued.
25.5-3 Continuation of Previously Granted Variances ,
Permits , Licenses
wv-�)
Any previously granted variance„� pe mit, or license shall be
permitted to continue provided that such activity is maintained in
accord with the conditions prescribed at the time of its author-
ization, if any.
25.5-4 Procedure Regarding Pending Procedures
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 said ordinance at time of said repeal or
substitution.
I
25.5-5 Violation of Previous Ordinances
The substitution or repeal of any Ordinance shall not be 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 said ordinance prior to the taking
effect of this Ordinance.
25.5-6 Conviction of Crimes Continued
Any Ordinance to be repealed or substituted by this Ordinance
shall be deemed to continue and be in full force and effect for
the purpose of prosecuting and meting punishment for any
violation presently pending in any court.
25.5 (1)
I
ARTICLE 25.6 ESTABLISHMENT OF DISTRICTS
25.6-1 Intent and Purpose
In order to classify, regulate, restrict and separate the use of
land, buildings, and structures and to regulate and to limit the
type, height and bulk of buildings and structures in the various
districts and to regulate the areas of yards and other open spaces
abutting and between buildings and structures and to regulate the
density of population, the districts delineated below are
established.
25.6-2 Types of Districts
25.6-2.01 Base Districts
Agricultural
Residential - Estate Density
Residential - Low Density
Residential - Medium Density
Residential - Mobile Home
Residential - Planned Development
General Commercial
Professional/Office
Planned Commercial Development
Service Industrial
Planned Industrial/Business Park/Office Development
Open Space
Public/Institutional
25.6-2.02 Combining/Overlay Districts
Drainageway, Flood Plain, Watercourse
Seismic Hazard
Natural Factors/Restricted Development
Hillside Development
Redevelopment
Scenic Preservation
25.6 (1)
ARTICLE 25.7 AGRICULTURAL DISTRICT
25.7-1 Intent and Purpose
Agricultural district is included in the zoning ordinance to
achieve the following purposes:
- To permit the conduct of certain agricultural pursuits on
land in the City.
- To ensure adequate light, air; and privacy for each dwelling
unit, and to provide adequate separation between dwellings
and facilities for housing animals.
25.7-2 Permitted Uses
The following uses shall be permitted:
- One-family dwellings and farm employee housing for persons
employed on the premises. Not more than one dwelling unit,
other than farm employee housing, shall be permitted on
each site.
- Field and truck crops and horticultural specialties.
- Home occupations conducted in accord with the regulations
prescribed in Article 25.36 (Home Occupations) .
- Livestock and poultry raising for private, non-commercial
use, and private kennels and stables, provided than any
building or enclosure in which animals or fowl , except
domestic pets, are contained shall be at least one hundred
(100) feet from any residential or commercial district.
- Nurseries , greenhouses, and botanical conservatories.
- Orchards.
- Accessory structures and uses located on the same site with
a permitted use including barns, stables, coops , tank houses,
storage tanks , windmills, other farm out-buildings, private
garages and carports , one guest house or accessory living
quarters without a kitchen for each dwelling on the site,
storehouses, garden structures , greenhouses, recreation
rooms and hobby shops , and storage of petroleum products for
the use of persons resideing on the site.
25.7 (1)
25.7-3 Conditional Uses
The following uses shall be permitted upon the granting of a
Conditional Use Permit:
Apiaries ;
Cemeteries, crematories , and columbariums ;
Charitable institutions and social service and social
welfare centers;
Churches , convents , monasteries, parish houses , parsonages,
and other religious institutions;
Commercial kennels ;
Commercial and private recreation facilities ;
Dairies and processing of dairy products; and
Drive-in theaters.
25.7-4 Uses Prohibited
All uses not specifically permitted within Article 25.33-2 and -3
shall be strictly prohibited within the Agricultural District.
25. 7-5 Development Standards
25.7-5.01 Minimum Lot Area
C c���� �S . .
Three (3) acres or as'aef,ermined by the P+em4 Peg. Comre+ssi." and
indicated on the Zoning Map.
25.7-5.02 Minimum Lot Width
Three hundred (300) feet.
25.7-5.03 Minimum Lot Depth
None.
25.7-5.04 Minimum Front Yard
Thirty (30) feet .
25.7 (2)
25.7-5.05 Minimum Side Yard
One hundred (100) feet combined, each of which shall be not less
than thirty (30) feet.
25.7-5.06 Minimum Rear Yard
Fifty (50) feet.
25.7-5.07 Maximum Building Height
Thirty (30) feet measured from the grade level five (5) feet from
the building.
25. 7-5.08 Off-Street Parking and Loading Requirements d
All parking and loading shall comply with the provisions of S�
Article 25.33 of this Ordinance.
25.7-5.09 Utilities
l�
See Article 25.30-6.
25.7-5. 10 sins �d
Ile
All signs shall be in compliance with Article XIX of Ordinance #348,
adopted by reference.
25.7-5. 11 Site Plan Review
All development -w4-tp tNe exception of s4-Rg}e fami4y dwe+4if�gs
shall comply with the provisions of Article 25.38-4 for Site Plan
Review by the ARB.
25.7-6 Special Standards
None except as required by Conditional Use Permits for conditional
uses.
25.7 (3)
ARTICLE 25.8 RESIDENTIAL DISTRICTS
25.8-1 Intent-and Purpose
The residential districts are included in the zoning regulations
to achieve the following purposes;
- To reserve appropriately located areas for family living
at a broad range of population densities consistent with
the General Plan and with sound standards of public health
and safety.
- To ensure adequate light, air, privacy, and open space for
each dwelling.
- To provide space for semi-public facilities needed to
complement urban residential areas and for institutions
that require a residential environment.
- To minimize traffic congestion and to avoid the overloading
of utilities by preventing the construction of buildings
of excessive size in relation to the land around them.
- To provide necessary space for off-street parking of auto-
mobiles and other vehicles, and, where appropriate, for
off-street loading of trucks.
- To protect residential properties from- the hazards, noise,
and congestion created by commercial and industrial traffic.
- To protect residential properties from noise, illumination,
unsightliness, odors, dust, dirt, smoke, vibration, heat,
glare, and other objectional influences.
- To protect residential properties from fire, explosion,
noxious fumes, and other hazards.
- To facilitate the provision of utility services and other
public facilities commensurate with anticipated population
densities and service requirements.
25.8 (1)
ARTICLE 25.9 RESIDENTIAL - VERY LOW DENSITY
25.9-1 Intent and Purpose
This district is intended as an area for residential estates.
Only those additional uses are permitted that are complementary
to, and can exist in harmony with, a residential neighborhood.
25.9-2 Principal Uses and Structures Permitted
- Single family dwellings ;
- Guest dwellings or accessory living quarters;
- Keeping of horses , in connection with the residential
use of the property;
- Public parks and recreational facilities;
- Home occupations subject to the provisions of Article
25.36; and
- Temporary uses as prescribed in Article 25.35.
25.9-3 Conditional Uses
The following uses may be permitted subject to a Conditional Use
Permit:
- Day nurseries and nursery schools ;
- Hospitals;
- Churches, convents, monasteries and other religious
institutions ;
- Public educational institutions;
- Governmental offices ;
- Public utility and public service facilities ;
- Private schools and colleges, not including art , business,
or trade schools or colleges ; and
- Private recreational facilities such as country clubs ,
tennis and swim clubs , golf courses , with incidental ,
limited commercial uses which are commonly associated
and directly related to the primary use.
25.9 (1)
25.9-4 Uses Prohibited
All uses not specifically provided for in Article 25.9-4 and -5
of this Ordinance are strictly prohibited in the Very Low Density
Residential District.
25.9-5 Development Standards
25.9-5.01 Minimum Lot Area �� �
Twelve. t�ious�d (12,000) square feet or^a' s �determined by the
P+emn ng-C4mnI+r-&+on and indicated on the Zoning Map.
25.9-5.02 Minimum Lot Width
One hundred fifty (150) feet.
25,9-5.03 Minimum Lot Depth
One hundred fifty (150) feet.
25.9-5.04 Minimum Front Yard
Thirty (30) feet.
25.9-5.05 Minimum Side Yard
Fifty (50) feet combined, each of which shall be not less than
five (5) feet.
25.9-5.06 Minimum Rear Yard
Thirty (30) feet .
25.9-5.07 Basic Floor Area Limit : Percent of Site
Twenty-five (25) percent.
25.9-5.08 Maximum Building Height
T� feet.
25.9-5.09 Off-Street Parking and Loading Requirements
All parking and loading shall comply with the provisions of
Article 25. 33 of this Ordinance.
25.9 (2)
25.9-5. 10 Utilities
See Article 25. 30-6.
25.9-5. 11 Signs
All `igns�,pallabA in cor, liancg with Article XIX of Ordinance
#348^`acYopted by refer�encee.. "7"
25.9-5. 12 Site Plan Review
Al l development with t-he eitcept4on of stng+e lerx+-ly- dwel4i-Rgs
shall comply with the provisions of Article 25. 38-4 for Site
Plan Review by the ARB.
25.9-6 Special Standards
None, except those required by Conditional Use Permits for
conditional uses.
25.9 (3)
I
ARTICLE 25. 10 RESIDENTIAL - LOW DENSITY
25. 10-1 Intent and Purpose
It is the intent of this district to encourage the preservation
of residential neighborhoods characterized by single family
buildings on medium sized lots and to preserve undeveloped lands
for similar types of residential development by permitting a
minimum of auxiliary non-residential uses.
25. 10-2 Principal Uses and Structures Permitted
The following uses and structures shall be permitted:
- Single. family residences;
- Public parks and recreational facilities ;
- Private greenhouses and horticultural collections,
flower and vegetable gardens;
- Home occupations, as provided in Article 25.36;
—Temporary uses as provided in Article 25435; and
- Accessory buildings and/or structures.
25. 10-3 Conditional Uses
The following uses may be permitted subject to a Conditional Use
Permit:
- Day nurseries and nursery schools;
- Hospitals;
- Churches, convents , monasteries and other religious
institutions ;
- Public educational institutions ;
- Governmental offices;
- Public utility and public service facilities ;
- Private schools and colleges, not including art, business,
or trade schools or colleges ; and
25. 10 (1)
- Private recreational facilities such as country clubs,
tennis and swim clubs, golf courses , with incidental ,
limited commercial uses which are commonly associated
and directly related to the primary use.
25• lo-4 Uses Prohibited
All uses not specifically permitted within Article 25. 10-2 and -3
shall be strictly prohibited within the Low Density Residential
District.
25. 10-5 Development Standards
25. 10-5.01 Minimum Lot Area
c , C.
Eight thousand (8,000) square feet or as determined by the Fl-anaing
6emnrls*ien and indicated on the Zoning Map.
25. 10-5.02 Minimum Lot Width
Eighty (80) feet.
25. 10-5.03 Minimum Lot Depth
One hundred (100) feet.
25. 10-5.o4 Minimum Front Yard
Twenty (20) feet.
25, 10-5.05 Minimum Side Yard
Fourteen (14) feet combined, each of which shall be not less than
five (5) feet .
25. 10-5.06 Minimum Rear Yard
Twenty (20) feet.
25. 10-5.07 Basic Floor Area Limit : Percent of Site
Forty (40) percent.
25. 10-5.o8 Maximum Building Height
Thirty (30) feet<\_
25. 10 (2)
25. 10-5.09 Off-Street Parking and Loading Requirements
All parking and loading shall comply with the provisions of Article
25.33 of this Ordinance.
25. 10-5. 10 Utilities yq�
See Article 25.30-6.
25. 10-5. 11 Signs
t�N
All signs shall be in compliance with Article XIX of Ordinance #348,
adopted by reference.
25. 10-5. 12 Site Plan Review
All development , wit h_the—ex�e{�t-i oa—sf—s i rag l e—fam i_l��dw i n s ,
shall comply with the provisions of Article 25.38-4 for Site
Plan Review by the ARB.
25. 10-6 Special Standards
25. 10-6.o1 Single-Story Buildings for Public Uses
A single-story building used for public or semi-public uses shall
maintain a minimum setback of fifty (50) feet from any single
family dwelling.
25. 10-6.02 Two-Story Buildings for Public Use
A two-story building used for public or semi-public uses shall
maintain a minimum setback of one hundred (100) feet from any
single family dwelling.
25. 10-6.03 Front Yard Setback Exception
Front yard setbacks in subdivision developments may be reduced by
twenty-five (25); percent provided the average of all such
setbacks is not less than the minimum required for the district.
25. 10 (3)
ARTICLE 25. 11 RESIDENTIAL - MEDIUM DENSITY
25. 11-1 Intent and Purpose
The intent and purpose of this district is to reserve appropriately
located areas for families living in a variety of types of dwellings
at a medium range of population densities consistent with sound
standards of public health and safety.
25. 11-2 Permitted Uses
The following uses and structures shall be permitted:
- Single family dwellings ;
- Multi-family dwellings with a maximum of seven (7) du/acre;
- Combinations of attached or detached dwellings including
duplexes, multi-family dwellings , dwelling groups , row
houses , and townhouses;
- Public parks and recreational facilities ;
- Home occupations as provided in Article 25.36;
- Temporary uses as provided in Article 25.35; and
- Accessory buildings and/or structures .
25. 11-3 Conditional Uses
The following uses may be permitted subject to a Conditional Use
Permit ;
- Day nurseries and nursery schools ;
- Hospitals;
- Churches , convents , monasteries and other religious
institutions;
- Public educational institutions; t
- Governmental offices ;
- .Public utility and public service facilities ;
Private schools and colleges, not including art , business ,
or trade schools or colleges ; and
25. 11 (1)
- Private recreational facilities such as country clubs ,
tennis and swim clubs, golf courses, with incidental ,
limited commercial uses which are commonly associated
and directly related to the primary use.
25. 11-4 Uses Prohibited
All uses and structures not permitted in Articles 25. 11-2 and -3
of this Ordinance are strictly prohibited.
25. 11-5 Development Standards
25. 11-5.01 Minimum Lot Area
G • G .
Eight thousand (8,000) square feet ornas determined by the -P+a4;r".ag
tvmmi-s9 on and indicated on the Zoning Map.
25. 11-5.02 Minimum Lot Width
Eighty (80) feet.
25. 11-5.03 Minimum Lot Depth
One hundred (100) feet.
25. 11-5.04 Minimum Front Yard
Fifteen (15) feet.
25. 11-5.05 Minimum Side Yard
Fourteen (14) feet combined, each of which shall be not less than
five (5) feet.
25. 11-5.06 Minimum Rear Yard
c
Twenty (20) feet. i
25. 11-5.07 Basic Floor Area Limit: Percent of Site
Forty (40) percent.
h�U
25. 11-5.08 Site Area Per Dwelling Unit OP
Five thou§and eight hundred (5,800) square feet
25. 11-5.09 Maximum Building Height
Thirty (30) feet .a su 'e.a w t-Te" `jN%c,NtoVCti 1S LGS�
25. 11 (2)
25. 11-5. 10 Off-Street Parking and Loading Requirements
All parking and loading shall comply with the provisions of
Article 25. 33 of this Ordinance.
25. 11-5. 11 Utilities
See Article 25.30-6.
25. 11-5. 12 signs
All signstall be in corZ] ian a with Article XIX of Ordinance
#348 ptn 9y re e'i ence.
25. 11-5. 13 Site Plan Review
All development , w4 t-h t-he eKc+ept4en ef- !4ftq-k €emdly dwe4l Lp s ,
shall comply with the provisions of Article 25.38-4 for Site Plan
Review by the ARB.
25. 11-6 Special Standards
25. 11-6.01 Single-Story Buildings Used for Public Purposes
A single-story building used for public or semi-public uses shall
maintain a minimum setback of fifty (50) feet from any single
family dwelling.
25. 11-6.02 Two-Story Building Used for a Public Purpose
A two-story building used for public or semi -public uses shall ,
maintain a minimum setback of one hundred (100) feet from any
single family dwelling.
25. 11 (3)
ARTICLE 25. 12 RESIDENTIAL - HIGH DENSITY
25. 12-1 Intent and Purpose
The specific purposes of this district are to provide suitably
located areas for residents to live in a variety of housing
types at high population densities consistent with sound standards
of public health and safety.
25. 12-2 Permitted Uses
- Multi-family dwellings with a maximum of eighteen (18)
du/acre;
- Combinations of attached or detached dwellings, including
duplexes, multi-family structures , dwelling groups , row
houses , and townhouses;
- Home occupations as provided in Article 25.36;
- Temporary uses as provided in Article 25.35; and
- Accessory buildings and/or structures.
25. 12-3 Conditional Uses
The following uses may be permitted subject to a Conditional Use
Permit:
- Day nurseries and nursery schools ;
- Hospitals ;
Churches, convents , monasteries and other religious
institutions;
- Public educational institutions;
- Governmental offices ;
-, Public utility and public service facilities;
- Private schools and colleges , not including art , business ,
or trade schools or colleges; and
- Private recreational facilities such as country clubs ,
tennis and swim clubs, golf courses , with incidental ,
limited commercial uses which are commonly associated
and directly related to the primary use.
25. 12 (1)
25. 12-4 Uses Prohibited
All uses and structures not permitted in Articles 25. 11-2 and -3
of this Ordinance are strictly prohibited.
25. 12-5 Development Standards
25. 12-5.01 Minimum Lot Area
C. .C.
Ten thousand (10,000) square feet or^ s d W aetermined by the arwsiwg
ftnimi5swiow and indicated on the Zoning Map.
25. 12-5.02 Minimum Lot Width
Eighty (80) feet. '
25. 12-5.03 Minimum Lot Depth
One hundred (100) feet.
25. 12-5.04 Minimum Front Yard
Fifteen (15) feet.
25. 12-5.05 Minimum Side Yard
Twenty (20) feet combined, each of which shall be not less than
eight (8) feet.
25. 12-5.o6 Minimum Rear Yard
Ten (10) feet. C
25. 12-5.07 Basic Floor Area Limit: Percent of Site
Fifty (50) percent. 1�Y
25. 12-5.08 Site Area Per Dwelling Unit
Two thousand five hundred (2,500) square ettll!"
25. 12-5.09 Group Usable Open Space Per Dwelling Unit
Three hundred (300) feet.
25. 12-5. 10 Maximum Building Height
Forty (40) feets � �, a�., p �'O
25. 12 (2)
25. 12-5. 11 Off-Street Parking and Loading Requirements
All parking and loading shall comply with the provisions of
Article 25. 33 of this Ordinance.
25. 12-5. 12 Utilities
See Article 25.30-6.
25. 12-5. 13 Signs
All signs shall be in compliance with Article XIX of Ordinance
N3481\�adop ed by refeetr nc '0C
25.12-5. 14 Site Plan Review
All developments within the Residential High Density District
shall comply with the provisions of Article 25:38-4 for Site
Plan Review by the ARB.
25. 12-6 Special Standards
25. 12-6.01 Trash Handling
A trash enclosure will be provided for all uses , unless the
proposed location of the trash area is completely enclosed by
walls or buildings. The free standing trash enclosure shall
be constructed of masonry block. No trash shall be allowed to
extend above or beyond the enclosures.
25. 12 (3)
ARTICLE 25. 13 RESIDENTIAL - MOBILE HOME PARK
25. 13-1 Intent and Purpose
This district provides for the placement and occupancy of mobile
homes for residential purposes on rented or leased lots. It is
further the intent of this district to stabilize and protect the
residential character of the area and to promote a better living
environment through high quality property development standards.
25. 13-2 Permitted Uses
The following uses shall be permitted:
Mobile homes
Private accessory bui'1`dings and uses - including home occupa-
tions, storage areas, and other similar accessory uses on
individual lots.
25. 13-3 Conditional Uses
The following uses shall be permitted subject to a Conditional Use
Permit:
Day nurseries and nursery schools.
Churches, convents, monasteries, and other religious
institutions .
Educational institutions.
Public libraries and museums.
Public parks and recreational facilities.
Public utility and public service facilities .
25. 13-4 Development Standards
25. 13-4.01 Minimum Area for Mobile Home Park
Eight (8) acres.
25. 13-4.02 Minimum Area for a Mobile Home Lot
Five thousand (5,000) square feet.
25. 13 (1 )
25. 13-4.03 Density
Seven (7) mobile home units/net acre.
25. 13-4.04 Intensity of Use f
There sha ll be not more than one (1) mobile home per each lot.
25. 13-4,05 Minimum Tj Width
Fifty (50) feet.
9 NOS�vT' Zj
25. 13-4.06 Minimum Front Yard
Twenty (20) feet.
moo) cn-�
25. 13-4.07 Minimu Side Street Yard
Twenty (20) feet.
25. 13-4.08 Minimum Side Yard X07
Ten (10) feet. CAJO->�`,�� ^axD
25. 13-4.09 Minimum Rear Yard
Ten (10) feet.
11
25. 13-4.Yo Maximum Building Height
Two (2) stories or Ew (�24) feetU,"%'-M6valL (S I-4SS
25. 13-4�Z Off-Street Parking and Loading Requirements
All parking and loading shall comply with the provisions of
Articlec(25.33•
25. 13-4. 1,7 Utilities
See Artic e 25.32-5•
25. 13-4.),e Trash Handling
A trash enclosure will be provided for all uses , unless the proposed
location of the trash area is completely enclosed by walls or
buildings. The free standing trash enclosure shall b: constructed
of. masonry block. No trash shall be allowed to extend above or
beyond the enclosure.
25. 13 (2)
25. 13-4. 14
All signs shall be in compliance with Article XIX of Ordinance #348K
adopted by reference.
25. 13-4. 15 Provisions for Site Plan Review
All permitted and conditional uses shall be subject to Site Plan
Review as prescribed in Article 25.38-4.
25. 13-5 Special Standards
25. 13-5.01 Private Streets
A minimum width of private streets shall be thirty (30) feet as
measured from back of curb to back of curb. Said streets shall
have curbs and be paved with asphaltic concrete or equivalent
material .
25. 13-5.02 Guest Parking
Guest automobile parking areas shall be provided at a minimum
ratio of one (1) parking space for each ten (10) mobile home lots .
25. 13-5.03 Street Lighting
Street lighting shall be provided along the private streets for the
safety of pedestrians.
25. 13-5.o4 Accessory Buildings
The minimum distance between an accessory building and the main
building or mobile home is ten (10) feet.
25. 13-5.05 Community Use Area
The minimum ratio of community use areas shall be four hundred (400)
square feet of such area for each mobile home space. Such land may
include all land devoted to recreation and service facilities and
landscaping not included within lots.
25. 13-5.06 Exterior Boundaries Abutting a Public Street
Exterior boundaries of the park abutting a public street shall be
provided with a six (6) foot high opaque wall or fence designed to
create an attractive border. In addition, a setback of at least
ten (10) feet in depth shall be maintained as landscaped open space
between any perimeter street and the required wall .
25. 13 (3)
25. 13-5.07 Exterior Boundaries Not Abutting a Public Street
Exterior boundaries of the park which do not abut a public street
shall be bounded by a six (6) foot high masonry wall .
25. 13-5.08 Access
A minimum of two (2) vehicular entrances shall be provided for
each mobile home park.
25. 13-5.09. Trailer and Boat Storage
Trail and boat storage area shall be provided at the minimum
ratio of fifty (50) square feet of land for each mobile home space.
25. 13-5 . 10 Skirting
All mobile homes shall be skirted and skirting shall be vented.
25. 13 (4)
ARTICLE 25. 14 PLANNED RESIDENTIAL DEVELOPMENT "PR" DISTRICT
25. 14-1 Intent and Purpose
It is the purpose of the "PR" District to provide for flexibility
in development, creative and imaginative design, and the develop-
ment of parcels of land as coordinated projects involving a mixture
of residential densities and housing types, and community facilities,
both public and private. 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 develop-
ment techniques will be given reasonable consideration for approval
and to provide the City of Palm Desert with assurances that the
completed project will contain the character envisioned at the
time of approval .
25. 14-2 'Uses Permitted in the "PR" District:
- Residential Uses ;
- Community Facilities;
- Open Space;
- Recreational Uses ; and
- Other uses or mixtures of land uses as designated on an
approved Development Plan.
25. 14-3 Allowable Densities
c , c -
The Pl.aaa-i.ag Commission shall determine the densities to be allowed
within each "PR" District at the time the involved properties are
rezoned. Density standards shall be as follows :
Very Low: 1-3 d.u./next acre
Low: 3-5 d.u./n'et acre
Medium: 5-T d.u./ et acre
High: 7-18 d.u./ e,t acre
25. 14-4 Submittal Requirements
The Planning Commission may at its discretion initiate the rezoning
of properties prior to a submittal of petition for a change of
district by the property owner(s) according to the provisions of
Article 25.38-8 of this Ordinance. Any development plans for such
property by the owners or any petition for a change of district to
place other properties in the "PR" District shall include the
following:
25. 14 (1)
25. 14-4.01 Legal Description
A legal description of all land within the "PR" or proposed "PR"
District.
25. 14-4.02 Development Plan
A Development Plan and "PR" Text for the entire property. The Plan
and Text shall set forth the following:
(1) The proposed use of all lands within the subject property.
(2) A statement of planning objectives to be achieved by the
development of the property.
(3) The type, character and heights of buildings or structures
and the number of dwelling units per gross acre proposed
for each residential area.
(4) The location of school sites, recreational facilities ,
and other public and quasi -public facilities.
(5) The general location of major traffic thoroughfares co-
ordinated with the Palm Desert General Plan and _RIALecsa.da
-G� Master Plan of Arterial Highways.
25. 14-4.03 Phasing
If the development is to be constructed in phases , a phasing plan
setting forth the sequence and timing of development within the
"PR" District.
25. 14-4.04 Plan Accompaniments
The Development Plan shall be accompanied by the following:
(1) A topographic map of the subject property.
I
(2) A preliminary report describing proposed provisions for
storm drainage, sewage disposal , water supply and other
utilities.
25. 14-5 Development Standards Applicable
All areas on the Development Plan shall be subject to one of the
following or a combination thereof:
- The Standards for Development of "PR" Districts set forth in
this Article of this Ordinance and any standards for the
Planned Community designated in the Development Plan.
l
25. 14 (2)
- The issuance of a Conditional Use Permit for any specific
development for which no Development Standards were
approved at the time the District was established.
In addition, the following Development Standards shall apply:
25. i4-5.01 General
(1 ) Off-Street Parking and Loading Requirements
All parking and loading shall comply with the provisions of
Article 25.33 of this Ordinance.
(2) Utilities
See Article 25.32-5.
(3) Signs
All signs shall b� in compl'i1ance with Article XIX of
Ordinance N348,adopt
reference.
(4) Outside Storage
No outside storage shall exceed the height of actual
perimeter screening.
(5) Screening
All screening requirements for developments within the
"PR" district shall be determined by the ARB during its
Site Plan Review proceedings .
(6) Trash Handling
Trash handling facilities shall be provided for all develop-
ments 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 free standing trash enclosure shall be
constructed of masonry block. No trash shall be allowed
to extend above or beyond the enclosure.
(7) Site Plan Review
Site Plan Review as prescribed in Article 25.38-4 shall be
required before a building permit is issued for any
development in the "PR" District.
25. 14 (3)
25:.14-5.02 Very Low Density
(1) Building Site Area
Minimum lot size shall be twelve thousand (12,000)
square feet.
(2) Building Setbacks
(a) Front - forty (40) feet.
(b) Side - a minimum of ten (10) percent of the average
width of the building site on each side up to a
maximum of twenty (20) feet.
(c) Rear - twenty-five (25) feet.
(3) Building Site Coverage
The maximum building site coverage shall be forty (40)
percent of the net area of the site.
(4) Maximum height for all buildings shall be g `6�
(3� feet,Jl-F,1 n � ktxp /.y
25.14-5.03 Low, Medium, and High Density
(1) Conventional Development
Where the proposed use is a conventional development of
single family dwellings (attached or detached) , the
following shall apply:
(a) Building Site Area
Site area requirements shall be delineated in the
Development Plan.
(b) Building Setbacks
r
(1) Front and Rear - terr 0 0) feet.
(2) Side - five 15) feet, provided that a minimum- of
ten (10) feet is maintained between a structure
on the immediately adjacent lot . This standard
shall be required unless one of the following
conditions prevail :
25. 14 (4)
(i) Structures which abut private areas such
as a plaza, park, mall or other permanent
open space may abut the common property
line and have openings onto such appur-
tences subject to the provisions of the
Palm Desert Building Code ;
(ii) An attached or detached garage or -carport
may abut a side property line or another
structure provided no openings are located
on the abutting surface, subject to the
provisions of the Palm Desert Building Code.
(iii) Front-on garages shall be set back a minimum
of twenty (20) feet from the ultimate street
right-of-way; provided, however, that this
minimum may be decreased to within five (5)
feet of the planned right-of-way if adequate
parking is otherwise provided in the Development
Plan.
(c) Exceptions
The above standards shall be required unless
modified by the Development Plan and the
Supplemental Planned Community District regula-
tions adopted at the time of the establishment
of the "PR" District .
(d) Building Site Coverage
The maximum building site coverage shall be
fifty percent (50a) of the net area of the site.
(e) Maximum Building Height
The maximum height for all buildings shall be
thirty-_4 v (39) feet..
(2) . Cluster Development
Where the proposed use is a cluster development
of single family dwellings (attached or detached) ,
the following shall apply:
(a) Building Site Area
A minimum building site area of 1 '(00 square
feet per unit shall be allowed. However, the
average building site area shall be 3,000
square feet.
25. 14 (5)
(b) Building Setbacks
(1) Front and Rear - ten (10) feet.
(2) Side - three (3) feet , provided that a
minimum of ten (10) feet is maintained
between a structure on the immediately
adjacent lot. This standard shall be
required unless one of the following
conditions prevail :
(i ) Structures which abut private areas
such as a plaza, park, mall or other
permanent open space may abut the
common property line and have open-
ings onto such appurtenances subject
to the provisions. of the Palm Desert
Building Code;
(ii) An attached or detached garage or
carport may abut a side property line
or another structure provided in the
case of garages no openings are
located on the abutting surface, sub-
ject to the provisions of the Palm
Desert Building Code.
(iii ) Front-on garages shall be set back a
minimum of twenty (20) feet from the
ultimate street right-of-way; provided,
however, that this minimum may be decreased
to within five (5) feet of the planned
street right-of-way if adequate parking is
otherwise provided in the Development Plan .
(c) Exceptions
The above standards shall be required unless
modified by the Development Plan
(d) Building Site Coverage
Building site coverage shall be limited by
setback requirements . This coverage shall
include all areas under a roof but shall not
include trellis areas.
25. 14 (6)
(e) Maximum Building Height
The maximum height for all buildings shall be
thirty-4-we (30) feet417
�.. 1 • b � yv_
(3) Condominium Development
Where the proposed use is a Condominium development of
single family dwellings, a Conditional Use Permit shall
be required.
(4) Multiple Family Dwellings
(a) Building Site Area
Site area requirements shall be delineated in the
Development Plan.
(b) Building Setbacks
- Ten (10) feet, except there shall be at least
fifteen (15) feet between structures on adjacent
lots.
- Setbacks from the ultimate street right-of-way
line shall be a minimum of twenty (20) feet.
(c) Building Site Coverage
The maximum area of building site coverage. shall be
sixty-five (65) percent of the net area of the site.
(d) Building Height
Maximum height for all buildings shall be thirty-
five (35) feet. However, architectural features
and appurtenances such as, but not limited to,
clock towers, chimneys, spires and other features
shall be allowed in excess of the stated height
subject to the approval of the N-r-eGtor-o€„P_1ann.i-ng. o}
(5) 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 here-
inafter specified unless otherwise provided herein or in
the Supplemental Planned Community District Regulations :
25. 14 (7)
Freeway - 50 feet
Major - 32 feet
PPrimary - 32 feet
Collector - 20 feet
Local - 10 feet
25. 14-6 Application Procedures
25. 14-6.01 Pre-Filing Procedure
Prior to the review of the Development Hall and supple-
mentary text material by the Planning_ i n, an
applicant may pre-file the proposed "PR" District with the
Director of Environmental Services for review. It shall
be the responsibility of the Director of Environmental
Services to contact interested department and agency
personnel regarding necessary meetings with the applicant .
The pre-filing procedure may involve a review of the
general outline for the proposal and sketch plans for the
"PD". After review the Director of Environmental Services
shall furnish the applicant with written comments regard-
ing the review conference including appropriate recommen-
dations to inform and assist the applicant prior to pre-
paring the final components of the "PD" District petition.
25. 14-6.02 Development Plans
Upon application for a petition for a change of property
to a "PR" District, the applicant shall file a Development
Plan and supporting documentation as required in Article
25. 14-4 with the Planning Commission through the Planning
Division of the Department of Environmental Services.
The Planning Commission shall hold a public hearing to
consider the petition for. a change to a "PR" District and
the accompanying Development Plan. The "PR" District and
accompanying Development Plan shall be subject to
approval by Ordinance of the Palm Desert City Council .
25. 14 (8)
25. 14-7 Modifications
- The City Council may approve a Planned Development only
after finding that the requirements of this Ordinance
and other ordinances affecting the property have been
satisfied. In granting such approval , the City 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 Ordinance and the
General Plan.
All development within the "PR" District shall comply
with the Development Plan as approved and adopted by
the City Council .
- Any amendments to the Development Plan shall be
accomplished in the same manner as an amendment to the
zoning regulations as prescribed in Article 25.38-8.
25. 14 (9)
r
ARTICLE 25. 15 COMMERCIAL DISTRICTS
25. 15-1 Intent and Purpose
The commercial districts are included in the zoning regulations
to achieve the following purposes :
- To provide appropriately located areas for retail stores ,
offices , service establishments, amusement establishments ,
and wholesale businesses , offering commodities and services
required by residents of the City and its surrounding
market area.
- To provide opportunities for retail stores ; offices ,
service establishments and amusement establishments to
concentrate for the convenience of the public and in
mutually beneficial relationship to each other.
- To provide adequate space to meet the needs of modern
commercial development, including off-street parking and
truck loading areas.
- To minimize traffic congestion and to avoid the overloading
of utilities by preventing the construction of buildings
of excessive size in relation to the amount of land around
them.
- To protect commercial properties from noise, odor, dust,
dirt, smoke, vibration, heat, glare, heavy truck traffic,
and other objectionable influences incidental to industrial
uses.
- To protect commercial properties from fire, explosion,
noxious fumes, and other hazards.
25. 15 (1)
ARTICLE 25. 16 GENERAL COMMERCIAL DISTRICT
25. 16-1 Intent and Purpose
The intent and purpose of this district is to provide a principal
core area of regional importance where a series of speciality and
general commercial shopping facilities which are inherent within a
resort community can be found by the residents of the City of Palm
Desert, as-we•N-es-tho 4-,s
25. 16-2 Permitted Uses
The following uses and structures shall be permitted:
- Res taurants�� -v, 11
- Personal services including but not limited to barber or
beauty shops, tailors and dressmaking shops;
- Retailing uses, including but not limited to, apparel ,
furniture, appliances and other major household articles,
variety goods, sporting goods, stationery, toys, art goods,
flowers and other plants, and boutiques;
- Other commercial uses as determined by the Planning Com-
mission which are deemed to enhance the cress r character
of the Community; and
- Accessory buildings and/or structures.
25. 16-3 Conditional Uses
The following uses shall be permitted subject to a Conditional Use
Permit:
- Automobile sales and services, including rental agencies;
- Automobile service stations;
- Amusement and recreation establishments including but not
limited to bowling alleys and theatres;
Hotels; '%^U 1
- Liquor stores;
- Public utility installations;
25. 16 (1)
Newspaper and magazine stores, printing and publishing; and
- Accessory structures and uses located on the same site as a
conditional use.
25. 16-4 Uses Prohibited
The following uses are specifically prohibited in the General
Commercial District:
- Residential uses
- Industrial uses
25. 16-5 Development Standards
25. 16-5.01 Minimum Lot Area
Ten thousand ( 10,000) square feet.
25. 16-5:02 Minimum Lot Width
Eighty (80) feet.
25. 16-5.03 Minimum Lot Depth
One hundred (100) feet.
25. 16-5.04 Minimum Side Yard
None.
25. 16-5.05 Maximum Building Height
Forty (4o) feet.
25. 16-5.06 Basic Floor Area Limitation; Percent of Site
Seventy (70) percent.
25. 16-5.07 Off-Street Parking and Loading Requirements
All development shall comply with the provisions of Article 25.33
of this Ordinance.
25. 16-5.08 Utilities
All development shall comply with the provisions of Article 25.
of this Ordinance.
25. 16 (2)
25. 16-5.09 Trash Handling
A trash enclosure shall be provided for all uses, unless the
proposed location of the trash area is completely enclosed by walls
or buildings. The free standing trash enclosure shall be constructed �y
of masonry block. No trash shall be allowed to extend above or
beyond the enclosure. i
25. 16-5. 10 Sins
All signs shall be in compliance with Article XIX of Ordinance #348� `
adopted by reference.
25. 16-5. 11 Provisions for Site Plan Review
All development shall be subject to site plan review as prescribed
in Article 25.38-4.
25. 16-5. 12 Special Standards
(1) All uses shall be conducted wholly within enclosed buildings
except those necessarily conducted in the open.
(2) Where the General Commercial District abuts a residential
district—�M'6) feet in height shall be located adjoining
the property line except adjoining a required front yard,
and an area ten (10) feet in depth adjoining the property
line shall be landscaped with plant materials .
(3) All open areas shall be treated or maintained to eliminate
dust.
(4) Wherever off-street parking areas are situated across the
street from property in a residential district, a masonry
wall or beam three (3) feet in height shall be erected
between the required landscape area and the parking area
to adequately screen said parking areas from the
residential properties.
(5) The noise level eminating from any commercial use or
operation shall not exceed five (5) decibels, as per
Occupational Safety and Health Act of 1970, above the
ambient level of the area.
(6) All mechanical equipment , including heating and air condi-
tioning units, shall be completely screened from
surrounding properties by use of a wall or fence or shall
be enclosed within a building.
25. 16 (3)
ARTICLE 25. 17 PROFESSIONAL/OFFICE DISTRICT
25. 17-1 Intent and Purpose
The purpose of this district is to provide areas within the
community which will allow professional office and administrative
uses.
25. 17-2 Permitted Uses
- Administrative offices;
- Offices or organizations primarily engaged in accounting,
architecture, correspondence, engineering, . insurance,
realty, research and other similar uses;
- Professional offices and clinics;
- Governmental offices ; and
-- Accessory buildings and structures.
25. 17-3 Conditional Uses
The following uses shall be permitted subject to a Conditional
Use Permit:
- Hospitals; and
- Public utility and public service facilities.
25. 17-4 Uses Prohibited
The following uses shall be specifically prohibited: 1
- Residential uses; and
- Industrial uses .
25. 17-5 Development Standards
25. 17-5.01 Minimum Lot Area
Ten thousand (10,000) square feet.
25. 17-5.02 Minimum Lot Width
Eighty (80) feet .
25. 17 (1)
25. 17-5.03 Minimum Lot Depth
One hundred (100) feet.
25. 17-5.04 Minimum Side Yard
None.
25. 17-5.05 Maximum Building Height
Forty (40) feet.
25. 17-5.06 Basic Floor Area Limitation; Percent of Site
Seventy (70) percent.
25. 17-5.07 Off-Street Parking and Loading Requirements
All development shall comply with the provisions of Article 25.33
of this Ordinance.
25. 1775.08 Utilities
All development shall comply with the provisions of Article 25.
of this Ordinance.
25. 17-5.09 Trash Handling
A trash enclosure shall be provided for all uses , unless the
proposed location of the trash area is completely enclosed by
walls or buildings. The free standing trash enclosure shall be
constructed of masonry block. No trash shall be allowed to
extend above or beyond the enclosure.
25. 17-5. 10 Signs
All signs shall be in compliance with Article XIX of Ordinance #348,
adopted by reference. A
25. 17-5. 11 Provisions for Site Plan Review
All development shall be subject to Site Plan Review as prescribed
in Article 25.38-4•
25. 17-5. 12 Special Standards
(1) All uses shall be conducted wholly within enclosed
buildings except those necessarily conducted in the open.
25. 17 (2)
(2) Where the Professional/Office District abuts a
residential district six (6) feet in height shall be
located adjoining the property line except adjoining
a required front yard, and an area ten (10) feet in
depth adjoining the property line shall be landscaped
with plant materials.
(3) All open areas shall be treated or maintained to
eliminate dust.
(4) Wherever off-street parking areas are situated across
the street from property in a residential district,
a masonry wall or beam three (3) feet in height shall
be erected between the required landscape area and the
parking area to adequately screen said parking areas
from the residential properties.
(5) The noise level eminating from any commercial use or
operation shall not exceed five (5) decibels, as per
_Occupational Safety and Health Act of. 1970, as per
ambient level of the area.
(6) All mechanical equipment , including heating and air
conditioning units, shall be completely screened from
surrounding properties by use of a wall or fence or
shall be enclosed within a building.
25. 17 (3)
ARTICLE 25. 18 COMMERCIAL PLANNED DEVELOPMENT (CP) DISTRICT
25. 18-1 Intent and Purpose
It is the purpose of the "CP" District to provide for flexibility
in development, creative and imaginative design, and the develop-
ment of parcels of land as coordinated projects to provide a
range of shopping center types in the City of Palm Desert. These
shopping centers range from the neighborhood shopping center with
its orientation towards the daily shopping needs of the neighbor-
hood resident to a regional shopping center which caters to the
regional retail needs of the area.
25. 18-2 Permitted Uses
Neighborhood Commerical Center
- only commercial facilities which are compatible
with residential or residentially related uses are
permitted. Such uses include but are not limited
to grocery store, drug store and laundromat;
- District Commercial Center
permitted uses include but are not limited to a
supermarket , variety store, drug store, bank, and
restaurant ; and
- Regional Shopping Center
- such uses include but are not limited to supermarket,
.department stores banks, variety stores , professional
offices, r retail uses .
25. 18-3 Submittal Requirements
The Planning Commission may at its discretion initiate the rezoning
of properties prior to a submittal of petition for a change of
district by the property owner(s) according to the provisions of
Article 25.38-8 of this Ordinance. Any development plans for such
property by the owners or any petitions for a change of district
to place other properties in the "CP" District shall include the
following:
- A Legal Description of all land within the "CP" District ;
- A Development Plan to include the following:
25. 18 (1)
(1) The proposed use of all lands within the subject
property.
(2) A statement of planning objectives to be achieved
by the development of the property.
(3) The type, character and heights of buildings or
structures anA r
(4) The location of school sites, recreational
facilities, and other public and quasi-public
facilities.
(5) The general location of major traffic thoroughfares
coordinated with the City's General Plan and
Riverside 6ow�-t-y Master Plan of Arterial Highways .
If the development is to be constructed in phases , a
phasing plan setting forth the sequence and timing of
development within the "CP" District.
- The Development Plan shall be accompanied by the following:
(1) A topographic map of the subject property;
(2) A preliminary report describing proposed provisions
for storm drainage, sewage disposal , water supply
and other utilities .
(3) An economic justification of all commercial facili-
ties, if any, to be located within the subject
property.
25. 18-4 Development Standards
All areas on the Development Plan shall be subject to one of the
following or a combination thereof:
- The standards for development of "CP" Districts set forth
in this Article of this Ordinance and any standards
designated in the Development Plan.
- The issuance of a Conditional Use Permit for any specific
development for which no Development Standards were
approved at the time the Development Plan was approved.
In addition, the following Development Standards shall apply:
25. 18 (2)
25. 18-4.01 General
(1) Required Landscaping
Landscaping within required setback adjacent to public
rights-of-way shall be provided and maintained, subject
to the following conditions :
- A distinct demarcation between asphalt paving and
landscaped area shall be provided through the use
of maintained turf, maintained aggregate, or other
means of landscaping (plantings , rock walls, etc.) .
- At least one-third (1/3) of the total landscaped
area will be in vegetation.
- Berming (undulating or embanked) shall be required
with a minimum variation of elevation being thirty
(30) inches.
- An automatic underground sprinkler system for land-
scaped area shall be provided.
- No other usage or storage is permitted within
required landscaped area.
(2) Perimeter Screening
All Developments shall be screened according to one of
'the following alternatives :
- A masonry wall at a minimum height of seven (7) feet
shall be provided along all property lines except for
those adjacent to public rights-of-way, in which
case a setback of twenty (20) feet will be maintained.
- An opaque hedge row at a minimum height of seven (7)
feet shall be provided along all property lines
except for those adjacent to public rights-of-way,
in which case a setback of twenty (20) feet will be
maintained (common perimeter screening between
adjoining properties is allowable upon mutual con-
sent of the respective owners) . Planting materials
used for perimeter screening shall be the type which
shall within eighteen (18) months after property
development , provide the intended screening effect.
25. 18 (3)
- Perimeter screening will not be required if deemed
unnecessary by the Architectural Review Board, based
upon their approval of submitted development and
landscaping plans which establish to its satisfaction
that attractive development will occur in keeping
with the intended residential/resort/recreational
nature of the community.
(3) Off-Street Parking and Loading Requirements
All parking and loading shall comply with the provisions
of Article 25.33 of this Ordinance.
(4) Utilities
See Article 25.32-5•
(5) Trash Handling
A trash enclosure will be provided for all uses, unless
the proposed location of the trash area is completely
enclosed by walls or buildings. The free standing trash
enclosure shall be constructed of masonry block. No
trash shall be allowed to extend above or beyond the
enclosure.
(6) Signs
All signs shall be in compliance with Articls XIX of
Ordinance #348q adopted by reference.
(7) Access �",�A\�•tv�v,,1�
A maximum of two (2) entrances per property will be
allowed subject to their conformance with acceptable
circulation patterns and traffic control measures .
(8) Outside Storage
No outside storage shall exceed the height of actual
perimeter screening.
(9) Maintenance
- All structures will be maintained in a neat and
orderly manner.
- All permitted signs will be maintained in a neat
and orderly manner.
25. 18 (4)
(10) Site Plan Review
Site Plan Review as prescribed in Article 25.38-4 shall
be required before a building permit shall be issued.
(11) Sidewalk and Pedestrian Access
If other than normal City requirements for sidewalks
and pedestrian access is desired, the Planning Commission
shall review and approve any such proposed deviations
at the time of Site Plan Review.
25. 18-4.02 Neighborhood Commercial Center
Neighborhood Commercial Centers are established to provide unified
commercial services in a manner mutually beneficial to neighbor-
hood residents and businessmen. Only facilities which are compati-
ble with residential or residentially related uses are permitted.
(1) Site Requirements
(a) The minimum site size shall be four (4) acres
(b) Maximum building site coverage shall be fifty
(50) percent of the net area of the site.
(2) Setbacks
A minimum twenty (20) foot building setback shall be
maintained from all interior property lines with the
following exceptions:
(a) If the subject site is adjacent to a commer-
cially or industrially zoned parcel , no setback
shall be required between said parcels subject to
the requirements of the Palm Desert Building Code
(b) No commercial structure shall be located
closer to an adjacent residentially zoned parcel
than a distance equal to twice the height of the
commercial structure.
(c) Setbacks from:_streets. shall be a minimum of
twenty-five (25) feet from the planned street
line.
(3) Maximum Building Height
T,Legmaximum height for all buui-ld�ings shall_ be fl1'ry+
25. 18 (5)
(4) Streetside Setback Area
The entire area along a street between the property line
and the setback line shall be landscaped to a e t of
ten (10) feet . Landscaping in these areas shah consist
of an effective combination of street trees , trees, ground
cover and shrubbery and may include such items as side-
walks , access driveways, allowed signs , flag poles,
fountains , and other similar appurtenances .
25. 18-4.03 District Commercial Center Development Standards
District Commercial Centers are established to provide a range of
shopping opportunities for district residents.
(1 ) Site Requirements
Site size shall be from five (5) to fifteen (15) acres.
(2) Setbacks
A minimum twenty (20) foot building setback shall be
maintained from all interior property lines with the
following exceptions:
(a) If the site is ,adjacent to a commercially or
industrially zoned parcel , no setback shall be
required between said parcels, subject to the
requirements of the Palm Desert Building Code.
(b) No commercial structure or other structure
combining commercial and residential uses (a "joint f
use structure") shall be located closer to an
adjacent residentially zoned parcel than a distance
equal to twice the height of the commercial or
joint use structure.
(3) Maximum Building Height
(5�The maximum height shall be-"Siffm t75) feet. , .1 -_l
All buildings shall be subject to and comply with
FAA criteria where applicable. However, architec-
tural features and appurtenances such as, but not
limited to, clock towers, i
chimneys and other similar features , shall be
allowed in excess of the stated height, subject to
the approval of the Dlra tart—cif—Enxir�lp,tLZ
se -vi ees.
25. 18 (6)
(4) Streetside Setback Area
The entire area along a street between the property line
and the setback line shall be landscaped to a depth of
twenty (20) feet. Landscaping in these areas shall
consist of an effective combination of street trees ,
trees, ground cover and shrubbery and may include such
items as sidewalks , access driveways , allowed signs ,
flag poles , fountains, and other similar appurtenances .
25. 18-4 Regional Commercial
Regional Commercial Centers are established to provide unified
areas for commercial uses which offer a wide range of goods and
services including comparison and convenience shopping , major
financial and administration centers , entertainment , and cultural
and recreational uses.
(1) Site Requirements
The minimum site size shall be thirty-five (35) acres .
(2) Setbacks
Street setbacks shall be a minimum of thirty (30) feet
from the planned street line.
(3) Maximum Building Height
The maximum building height shall be determined by the
Development Plan.
(4) Streetside Setback Area
The entire area along a street between the property line
and the setback line shall be landscaped to a depth of
thirty (30) feet. Landscaping in these areas .shall con-
sist of an effective combination of street trees , trees ,
ground cover and shrubbery and may include such items as
sidewalks, access driveways , allowed signs , flag poles ,
fountains, and other similar appurtenances.
25. 18-5 Application Procedures
25. 18-5.o1 Pre-Filing Procedure
Prior to the review of the Development Plan and supplementary
text material by the Planning Commission, an applicant may pre-file
the proposed "CP" District with the Planning Division of the
25. 18 (7)
Department of Environmental Services for review. It shall be the
responsibility of the Planning Division to contact interested
department and agency personnel regarding necessary meetings with
the applicant.
The pre-filing procedure may involve a review of the general
outline for the proposal and sketch plans for the "CP". After
review the Planning Division shall furnish the applicant with
written comments regarding the review conference including
appropriate recommendations 'to' -info'rm- and assist the applicant
prior to preparing the final components of the "CP" District
petition.
25. 18-5.02 Development Plans
Upon application for a petition for a change of property to a
"CP" District, the applicant shall file a Development Plan and
supporting documentation as required in Article 25. 18-3 with the
Planning Commission through the Planning Division. The Planning
Commission shall hold a public hearing to consider the petition
for a change to a "CP" District and the accompanying Development
Plan. The "CP" District and accompanying Development Plan shall
be subject to approval by Ordinance of the Palm Desert City Council .
25. 18-5.03 Modifications
The City Council may approve a Commercial Planned Development only
after finding that the requirements of this Ordinance and other
ordinances affecting the property have been satisfied. In
granting such approval , the City 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 Ordinance and the
General Plan.
All development within the "CP" District shall comply with the
Development Plan as approved and adopted by the City Council .
Any amendments to the Development Plan shall be accomplished in
the same manner as an amendment to the zoning regulations as
prescribed in Article 25.38-8.
25.• 18 (8)
ARTICLE 25. 19 INDUSTRIAL DISTRICTS
25. 19-1 Intent and Purpose
The industrial districts are included in the zoning regulations to
achieve the following purposes:
- To allow for the manufacture, distribution and service
thereof of products intended primarily for local usage within
Palm Desert, its Sphere of Influence, and surrounding Cove
Communities (volume of business extended outside of the above
noted areas should not exceed twenty (20) percent of total
volume with Artisan works exempted) .
- To insure the proper development of the community as indicated
within the City's General Plan.
- To prevent undue industrialization from occurring at the
expense of the residential/resort/recreational nature of the
community.
- To protect areas appropriate for industrial use from
intrusion by dwellings and other inharmonious uses,
- To protect residential and commercial properties and to
protect nuisance-free, non-hazardous industrial uses from
noise, odor, insect nuisance, dust, dirt, smoke, vibration,
heat and cold, glare, truck and rail traffic, and other
objectionable influences, and from fire, explosion,
noxious fumes, radiation, and other hazards incidental to
certain industrial uses.
- To provide opportunities for certain types of industrial
plants to concentrate in mutually beneficial relationship
to each other.
- To provide adequate space to meet the needs of modern
industrial development, including off-street parking and
truck loading areas and landscaping.
- To provide sufficient open space around industrial
structures to protect them from the hazard of fire and
to minimize the impact of industrial plants on nearby
residential or commercial zones.
- To minimize traffic congestion and to avoid the overloading
of utilities by preventing the construction of buildings
of excessive size in relation to the amount of land around
them.
25. 19 (1)
ARTICLE 25.20 SERVICE INDUSTRIAL
25.20- 1 Intent and Purpose
The intent and purpose of the Service Industrial district is to
reserve appropriately located areas for industrial use and to
protect such areas from intrusion by dwellings and other inhar-
monious uses. This district is intended as an area for light
industrial and limited service commercial uses that can meet high
performance standards but that frequently do not meet site develop-
ment standards appropriate to planned research and development of
industrial parks .
25.20-2 Permitted Uses
The following uses shall be permitted:
- Support facilities for local construction, renovation and
installation of related equipment.
- Vehicle service facilities.
- Maintenance facilities (bulk laundering, janitorial , etc.) .
- Pest control facilities.
- Warehouse or storage facilities.
- Utility installations.
- Production of home and office furnishings and accessories.
- Preparation of foodstuffs (no processing) e.g. , baking,
bottling, etc.
- Equipment maintenance facilities.
- Uses customarily related to any of the above uses.
- The Planning Commission may, by resolution, permit other
uses which are similar and no more objectionable than those
enumerated in this section.
25.20-3 Conditional Uses
The following uses shall be permitted subject to a Conditional Use
Permit:
- Automobile service station.
25.20 (1)
- Heliports.
- Other retail and commercial service uses necessary to
serve the other uses in the I-S Zone District.
- Veterinarian hospitals including kennel facilities.
- Trucking yard.
- Public utility service yards.
25.20-4 Accessory Uses
The following accessory uses shall be permitted:
(1) Accessory structures and uses located on the same site
as a permitted or conditional use;
(2) Incidental services for employees on a site occupied by
a permitted or conditional use;
(3) Watchman's or caretaker's living quarters only when
incidental to and on the same site as a permitted or
conditional use.
25.20-5 Prohibited Uses
- Dwelling units.
- Other uses and structures which the Director of
Environmental Services determines do not fall within
the intent and purpose of this District.
25.20-6 Provisions for Site Plan Review
All development shall comply with the requirements for site plan
review as prescribed in Article 25.38-4.
25.20-7 Development Standards
25.20-7.01 Lot Area Minimum
Twenty thousand (20,000) square feet. Subareas within larger
parcels, intended for "sublease" shall be not less than six thousand
(6,000) square feet.
25.20-7.02 Minimum Lot Width
One hundred (100) feet.
25.20 (2)
25.20-7.03 Minimum Front Yard
Thirty (30) feet.
25.20-7.04 Minimum Side Yard
Ten (10) feet .
25.20-7.05 Minimum Rear Yard
Twenty five (25) feet.
25.20-7.06 Maximum Building Height
Thirty (30) feet , measured from the grade level five (5) feet from
the building.
25.20-7.07 Off-Street Parking and Loading Requirements
All parking and loading shall comply with the provisions of
Article 25. 33 of this Ordinance.
25.20-7.08 Utilities
See Article 25. 32-5.
25.20-7.09 Trash Handling
A trash enclosure will• be provided for all uses , unless the proposed
location of the trash area is completely enclosed by walls or
buildings. The free standing trash enclosure shall be constructed
of masonry block. No trash shall be allowed to extend above or
beyond the enclosure. `
25.20-7. 10 Signs
All signs shall be in compliance with Article XIX of Ordinance #34
adopted by reference.
25.20-7. 11 Access
A maximum of two (2) entrances per property will be allowed subject
to their conformance with acceptable circulation patterns and traffic
control measures.
25.20-7. 12 Outside Storage
No outside storage shall exceed the height of actual perimeter
screening.
25.20 (3)
25.20-7. 13 Required Landscaping
Landscaping within required setback adjacent to public rights-of-
way shall be provided and maintained, subject to the following
conditions :
(1) A distinct demarcation between asphalt paving and land-
scaped area shall be provided through the use of maintained
turf, maintained aggregate, or other means of landscaping
(plantings , rock walls, etc. ) .
(2) At least one third (1/3) of the total landscaped area will
be in vegetation.
(3) Berming (undulating or embanked) shall be required with a
minimum variation of elevation being thirty (30) inches.
(4) An automatic underground sprinkler system for landscaped
area shall be provided.
(5) No other usage or storage is permitted within required
landscaped area.
25.20-7. 14 Perimeter Screening
All developments shall be screened according to one of the follow-
ing alternatives :
(1) A masonry wall at a minimum height of seven (7) feet shall
be provided along all property lines except for those
adjacent to public rights-of way, in which case a setback
of twenty (20) feet will be maintained.
(2) An opaque hedge row at a minimum height of seven (7) feet
shall be provided along all property lines except for those
adjacent to public rights-of-way, in which case a setback
of twenty (20) feet will be maintained (common perimeter
screening between adjoining properties is allowable upon
mutual consent of the respective owners) . Planting
materials used for perimeter screening shall be the type
which shall within eighteen (18) months after property
development, provide the intended screening effect.
(3) Perimeter screening will not be required if deemed unneces-
sary by the Architectural Review Board, based upon their
approval of submitted development and landscaping plans
which establish to its satisfaction that attractive devel-
opment will occur in keeping with the intended residential/
resort/recreational nature of the community.
25.20 .(4)
25.20-7. 15 Special Standards
(1) SOUND, shall be muffled so as not to become objectionable
due to intermittance, 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 Associa-
tion. Maximum permissible sound pressure levels shall
comply with the following standards:
Maximum Sound Pressure Level in Decibels 0.002 Dynes per Square
Centimeter
Octave Bank in Adjacent Residential Lot Line of Use
Cycles-Second District Boundaries in the I-P Zone
0- 75 72 79
75- 150 59 74
150- 300 52 66
30o- 600 46 59
60o-1200 42 53
1200-2400 39 47
2400-4800 34 41
Above 4800 32 39
(2) TOXIC GASES OR MATTER, shall not be emitted which can cause
any damage to health, to 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 one inch as measured at the
lot lines. o.f. .the use shall be prohibited. Shock absorbers
or similar mounting shall be allowed which will reduce
vibration below .003 of one 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 .
25.20 (5)
(6) LIGHTING, including spot lights , flood lights , electrical
reflectors and other means of illumination for signs,
structures, landscaping, parking areas, loading and
unloading areas and the like shall be focused, directed,
and so arranged as to prevent glare or direct illumination
on streets or adjoining property.
(7) RADIOACTIVE MATERIAL. Unless specific additional uses are
permitted by the Certificate of Occupancy the use of radio-
active materials within the I -S Zone shall be limited to
measuring, guaging 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 microcuries 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 opera-
tion 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.
25.20-8 Condition of Usage
Continuance of usage subject to annual submission of Letter by
Certified Public Accountant stipulating that annual volume of
business extended outside of the intended local service area does
not exceed twenty (20) percent of total volume of business .
25.20 (6)
ARTICLE 25.21 PLANNED INDUSTRIAL/COMMERCIAL/OFFICE COMPLEX
25.2171 Intent and Purpose
It is the purpose of the "PI " District to provide for flexibility
in development, creative and imaginative design, and the develop-
ment of parcels of land as coordinated projects 'involving a mixture
of commercial/office and industrial areas and community facilities,
both public and private. The "PI" District is further intended to
provide for the optimum integration of urban and natural amenities
within developments . The "PI" 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 of Palm Desert with assurances
that the completed project will contain the character envisioned
at the time of approval .
25.21-2 Permitted Uses
The following are permitted uses in a "PI" District:
Commercial uses
- Office Uses
Industrial uses
- Open space
- Recreational uses
- Community facilities
- Other uses of mixtures of land uses as designated
on an approved Development Plan
25.21-3 Submittal Requirements
The Planning Commission may at its discretion initiate the rezoning
of properties prior to a submittal of petition for a change of
district by the property owner(s) according to the provisions of
Article 25.38-08 of this Ordinance. Any development plans for such
property by the owners or any petitions for a change of district to
place other properties in the "PI" District shall be filed in the
name or names of the owner of record of all properties included
within the "PI" District shall include the following :
A legal description of all land within the PI District.
25.21 (1 )
All petitions by the property owners for a change of
district to place property in the "PI" District shall be
accompanied by a Development Plan and "PI" Text for the
entire property. The Development Plan and the "PI" Text
shall set forth the following:
(1) The proposed use of all lands within the subject
property.
(2) A statement of planning objectives to be
achieved by the development of the property.
(3) The type, character and heights of buildings or
structures and the number of dwelling units per
gross acre proposed for each residential area.
(4) The location of school sites, recreational
facilities , and other public and quasi-public
facilities.
(5) The general location of major traffic thorough-
fares coordinated with the Palm Desert General
Plan and Riverside County Master Plan of Arterial
Highways .
If the development is to be constructed in phases , a
phasing plan setting forth the sequence and timing of
development within the "PI" District.
The Development Plan shall be accompanied by the following:
(1) A topographic map of the subject property.
(2) A preliminary report describing proposed pro-
visions for storm drainage, sewage disposal ,
water supply and other utilities .
(3) An economic justification of all commercial
facilities , if any, to be located within the
subject property.
25.21-4 Development Standards
All areas on the Development Plan shall be subject to one of the
following or a combination thereof:
- The Standards for development of "PI" Districts set forth
in this Article of this Ordinance and any standards for
the development designated in the Development Plan.
25.21 (2)
- The issuance of a Conditional Use Permit for any specific
development for which no Development Standards were
approved at the time the District was established.
In addition, the following development standards shall apply:
25.21-4.01 Site Requirements
(1) The minimum site size for all industrial parcels shall be
twenty thousand (20,000) square feet. Minimum site sizes
for commercial and office professional uses shall be ten
thousand (10,000) square feet .
(2) The maximum building site coverage shall be fifty (50)
percent of the net area of the site.
25.21-4.02 Setbacks
(1 ) Setback from streets - setbacks from streets shall be a
minimum of thirty (30) feet from the ultimate right-of-
way line.
(2) Side - side setback for all uses shall be a minimum of
ten (10) feet, except that the interior side setback may
be zero (0) feet provided the main building structure on
the same lot line of the abutting parcel is setback at
zero (0) feet , and both parcels are developed at the same
time.
(3) Rear - twenty five (25) feet.
(4) No structure shall be located closer to an adjacent
residentially zoned parcel than a distance equal to twice
the height of the structure.
(5) Architectural Feature Setback Exceptions :
(a) Roof overhangs may project six (6) feet into a
thirty (30) foot or greater setback and three (3)
feet into any setback less than thirty (30) feet.
(b) Steps, and open and unenclosed staircases may
project into the setback area.
25.21-4.03 Maximum Building Height
The maximum building height shall be determined by the Development
Plan and shall be subject to FAA regulations.
25.21 (3)
25.21-4.04 Off-Street Parking and Loading Requirements
All parking and loading shall comply with the provisions of
Article 25.33 of this Ordinance.
25.21-4.05 Utilities
See Article 25.32-5.
25.21-4.o6 Trash Handling
A trash enclosure will be provided for all uses, unless the pro-
posed location of the trash area is completely enclosed by walls or
buildings . The free standing trash enclosure shall be constructed
of masonry block. No trash shall be allowed to extend above or
beyond the enclosure.
25.21-4.07 Signs
All signs shall be in compliance with Article XIX of Ordinance #34�,
adopted by reference.
25.21-4.08 Access
A maximum of two (2) entrances per property will be allowed subject
to their conformance with acceptable circulation patterns and traffic
control measures.
25.21-4.09 Outside Storage
No outside storage shall exceed the height of actual perimeter
screening.
25.21-4. 10 Required Landscaping
Landscaping within required setback adjacent to public rights-of-
way shall be provided and maintained, subject to the following
conditions :
(1) A distinct demarcation between asphalt paving and land-
scaped area shall be provided through the use of maintained
turf, maintained aggregate, or other means of landscaping
(plantings, rock walls, etc. ) .
(2) At least one-third (1/3) of the total landscaped area will
be in vegetation.
25.21 (4)
(3) Berming (undulating or embanked) shall be required with a
minimum variation of elevation being thirty (30) inches.
(4) An automatic underground sprinkler system for landscaped
area shall be provided.
(5) No other usage or storage is permitted within required
landscaped area.
25.21-4. 11 Perimeter Screening
All developments shall be screened according to one of the follow-
ing alternatives :
(1) A masonry wall at a minimum height of seven (7) feet shall
be provided along all property lines except for those
adjacent to public rights-of-way, in which case a setback
of twenty (20) feet will be maintained.
(2) An opaque hedge row at a minimum height of seven (7) feet
shall be provided along all property lines except for those
adjacent to public rights-of-way, in which case a setback
of twenty (20) feet will be maintained (common perimeter
screening between adjoining properties is allowable upon
mutual consent of the respective owners) . Planting
materials used for perimeter screening shall be the type
which shall within eighteen (18) months after property
development, provide the intended screening effect.
(3) Perimeter screening will not be required if deemed
unnecessary by the Architectural Review Board, based upon
their approval of submitted development and landscaping
plans which establish to its satisfaction that attractive
development will occur in keeping with the intended
residential/resort/recreational nature of the community.
25.21 -5 implication Procedures
25.21-5.01 Pre-Filing Procedure
Prior to the review of the Development Plan and supplementary text
material by the Planning Commission, an applicant may pre-file the
proposed "PI" District with the Director of Environmental Services
for review. It shall be the responsibility of the Director of
Environmental Services to contact interested department and agency
personnel regarding necessary meetings with the applicant.
25.21 (5)
The pre-filing procedure may involve a review of the general outline
for the proposal and sketch plans for the "PI". After review the
Director of Environmental Services shall furnish the applicant with
written comments regarding the review conference including appropri-
ate recommendations to inform and assist the applicant prior to
preparing the final components of the "PI " District petition.
25.21-5.02 Development Plans
Upon application for a petition for a change of property to a "PI"
District, the applicant shall file a Development Plan and supporting
documentation as required in Article 25.21-3 with the Planning
Commission through the Planning Division of the Department of
Environmental Services . The Planning Commission shall hold a public
hearing to consider the petition for a change to a "PI" District and
the accompanying Development Plan. .The "PI" District and accompany-
ing Development Plan shall be subject to approval by Ordinance of
the Palm Desert Council .
25.21-6 Modifications
P 1
- The City Council may approve a only after .
finding that the requirements of this Ordinance and other
Ordinances affecting the property have been satisfied. In
granting such approval , the City Council may impose and
enforce such specific conditions as to site development ,
phasing and building construction, maintenance and opera-
tion as it deems necessary to carry out the purposes of
this Ordinance and the General Plan.
- All development within the "PI" District shall comply with
the Development Plan as approved and adopted by the City
Council .
- Any amendments to the Development Plan shall be accomplished
in the same manner as an amendment to the zoning regulations
as prescribed in Article 25.38-7 and 8 of this Ordinance.
25.21 (6)
ARTICLE 25.22 PUBLIC/INSTITUTIONAL DISTRICT
25.22-1 Intent and Purpose
The purpose and intent of this district is to provide for the
orderly establishment of public facilities, expansion of their
operations, or change in the use of lands owned by governmental
agencies and for the orderly establishment of quasi -public
institutional uses.
25.22-2 Permitted Uses
No use shall be permitted without a Conditional Use Permit
25.22-3 Conditional Uses
The following uses shall be permitted subject to the issuance of
a Conditional Use Permit:
- Agricultural experimental facilities
- Animal shelters
- Cemeteries, crematories and columbariums and related
facilities
- Corporation yards
- Flood control facilities
- Historical landmarks
- Hospitals
- Public buildings and grounds
- Public or private non-profit schools and colleges
- Public or private parks, golf courses, golf driving
ranges, zoos, swim clubs and other recreation facilities
- Public utility installations
- Accessory uses and structures incidental to conditional
uses
25.22 (1)
25.22-4 Prohibited Uses
All uses not specifically permitted within Article 25.22-3 shall
be prohibited.
25.22-5 Development Standards
All development standards shall be as specified in the Conditional
Use Permit.
25.22-6 Provisions for Site Plan Review
All structures and uses shall be subject to Site Plan Review as
prescribed in Article 25.38-4.
25.22-7 Special Standards
None. '
25.22..(2)
ARTICLE 25.23 STUDY DISTRICT
25.23-1 Intent and Purpose
The purpose of the Study District is to provide the opportunity for
review of each development proposal in areas where changing conditions
or inadequacy of existing zoning regulations indicate the need for
special study and possible amendments to this Ordinance.
25.23-2 Permitted Uses
No use or structure occupying a site immediately prior to its
classification as a Study District shall become non-conforming by
reason of being classified a Study District.
25.23-3 Conditional Uses
Any use permitted by this Ordinance, either as a permitted use or as
a conditional use, may be permitted or extended, or any structure
may be altered or enlarged upon the granting of a Conditional Use
Permit provided that in order to allow reasonable time for special
study, no application for a permit shall be accepted for a use other
than a use permitted in a residential district or an extension of
an existing use until property has been reclassified to a Study
District for sixty (60) days. The Conditional Use Permit shall
require that the use comply with Development Standards for a
district specified by the Conditional Use Permit, or substitute
regulations shall be prescribed by the use permit .
25.23-4 Provisions for Site Plan Review
All developments shall provide for Site Plan Review as prescribed in
Article 25.38-4.
25.23 (1 )
ARTICLE 25.24 OPEN SPACE
25.24-1 Intent and Purpose
The open space zone is intended to provide for areas reserved for
parks, recreation, open space and governmental public uses , or in
areas where a hazard to the public may exist.
25.24-2 Permitted Uses
- Public parks and playgrounds , areas set aside for outdoor
recreation, scenic view, and pedestrian , equestrian or bike
and other trails .
- Agriculture
- Cemeteries
- Governmental public facilities
-, Accessory buildings and uses customarily incident to the
permitted uses on the same lot.
25.24-3 Uses Permitted Subject to a Conditional Use Permit
- Facilities necessary to preserve open space including public
facilities
- Restaurants , eating and drinking places
- Educational and research institutions
- Communication and utility facilities
25.24-4 Prohibited Uses
All structures and uses not specifically permitted in Article 25.24-2
and -3 shall be prohibited.
25.24-5 Development Standards
25.24-5.01 Minimum Lot Area
None.
25.24-5.02 Yard Requirements
None.
25.24 (l)
25.24-5.03 Maximum Building Height
Thirty (30) feet, measured from the grade level five (5) feet from
the building.
25.24-5.o4 Off-Street Parking and Loading Requirements
All parking and loading shall comply with the provisions of
Article 25.33 of this Ordinance.
25.24-5.05 Utilities
See Article 25.32-5.
25.24-5.06 Trash Handling
A trash enclosure shall be provided for all uses, unless the pro-
posed location of the trash area is completely enclosed by walls or
buildings . The tree standing trash enclosure shall be constructed
of masonry block. No trash shall be allowed to extend above or
beyond the enclosure. a�
25.24-5.07 Signs
All signs shall be in compliance with Article XIX of Ordinance # 348,
adopted by reference. k
25.24-5.08 Outside Storage
No outside storage shall exceed the height of actual perimeter
screening.
25.24-6 Provisions for Site Plan Review
All development shall be subject to Site Plan Review as prescribed
in Article 38.04.
25.24-7 Special Standards
None except as required under Conditional Use Permits.
25.24 (2)
ARTICLE 25.25 COMBINING OVERLAY DISTRICTS
25.25-1 Intent and Purpose
The purpose of the combining overlay districts is to allow the City
to adequately provide for special environmental constraints which
exist in the City and to provide the means by which developmental
controls may be exercised to assure that such environmental con-
straints are adequately considered when development occurs in these
areas.
25.25. (1)
ARTICLE 25.26 DRAINAGEWAY, FLOOD PLAIN, WATERCOURSE OVERLAY
DISTRICT
25.26-1 Intent and Purpose
The "D" District (D-1 or D-2) is intended to be applied to those
areas of the City which, under present conditions, are subject to
periodic flooding and accompanying hazards. The objectives of the
"D" district shall be:
- To prevent loss of life and property and to minimize
economic loss caused by flood flows.
- 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.
- To prohibit occupancy or the encroachment of any
structure, improvement or development that would obstruct
the natural flow of flood waters within a designated
drainageway, floodway on the flood plain, or watercourse.
- To regulate and control uses below the elevation of
the design flood flow within the remainder of the flood
plain.
It is contemplated that where flood control measures are provided
so as to eliminate flood hazards the "D" District will be removed
from the property.
25.26=2 Application
D-1 shall constitute the designated floodway and shall be the
channel of a stream or other watercourse and that part of the
adjoining flood plain designated and required to reasonably provide
for the construction of works adequate for the passage of the
Design Flood.
D-2 shall constitute the restrictive area and shall be that area
within the overflow limits of the design flood as d terp ' ed by the
City Council , based on recommendations by the �y Flood
Control District, which recommendations shall further be based upon
such boundaries as may be designated by the appropriate agency.
25.26-3 D-1 Uses Permitted
The following uses are permitted in the D-1 zone:
25.26 (1)
- Flood control channels , levees, spreading grounds and
basins, roads, bridges and diversion drains construction
in accordance with plans approved by the Riverside County
Flood Control District.
- Farming, including all types of agricultural and
horticulture, except orchards, tree crops , nurseries for
producing trees, vines and other horticultural stock
which will obstruct the natural flow of flood waters,
grazing, gardening, wildlife preserves, forest preserves
and similar open space or agricultural uses .
25.26-4 "D-1" Uses Permitted Subject to the Is of a
Conditional Use Permit
The following uses shall be permitted in the D-1 district subject
to the issuance of a Conditional Use Permit by the Planning
Commission:
- Public utility facilities .
- Temporary and readily removable structures accessory
to agricultural uses.
- 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.
- Excavation and removal of rock, sand, gravel , and other
material .
The conditional use perms s sh 11 be subject to review and recom-
mendations of the Ri1re �_ Flood Control District prior to
Planning Commission approval . This is for the purpose of minimizing
or eliminating extensive damage by flooding, and minimizing obstruc-
tion to flood flow.
25.26-5 "D-1" Uses Specifically Prohibited
The following uses are specifically prohibited in the 'D-1"
district:
- Landfills.
- Excavations that will tend to broaden the flood plain
or direct flood flows out of the natural flood plain.
25.26 (2)
- Human habitations.
- Storage of floatable substances or materials which will
add to the debris load of a stream or watercourse.
- Improvements, developments, or encroachments which will
endanger life and property or that will obstruct the
natural flow of flood waters or impair the ability of
the designated floodway to carry and discharge the
waters resulting from the design flood such that the
natural water profile will not be raised more than one
foot at any point,
25.26-6 "D-2" Uses -Permitted
The following uses are permitted in the "D-2" district:
All uses permitted in the "D-1" district.
Orchards, tree crops, nurseries for producing trees,
vines, and other horticultural stock and similar open
space or agricultural uses.
25.26-7 "D-2" Uses Permi-tted Subject to Issuance of a
Conditional Use Permit
The following uses and structures shall be permitted in the "D-2"
district subject to the issuance of a Conditional Use Permit by the
Planning Commission:
Public utility facilities.
- Temporary and readily removable structures accessory
to agricultural uses,
- 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.
- Excavation and removal of rock, sand, gravel , and other
materials.
25.26 (3)
- New residential , commercial , industrial , and agricultural
structures permitted by the underlying district regula-
tions involved, and when they comply with all of the
conditions listed below:
(a) Floodproofing and/or flood protective measures
shall be required to be installed in a manner
meeting with th a r val of the Chief Engineer
of the 6ri .y Flood Control District.
(b) Building and Health Code requirements applicable
to Flood Plain Districts shall be complied with,
(c) The bottom elevation of the structural or first
floor of any structure shall be at least one foot
above the level of the Design Flood. Exceptions )\,
may be recommended by the D.i.r f Building ��`
S@4o" only for nonresidential structures which
are adequately floodproofed, in accordance with the
Building Code, up to the level of the Design Flood,
(d) Landfills, improvements, developments, or other
encroachment effect on the Design Flood level such
that the water surface elevations of the Design
Flood are increased by more than one foot shall be
fully offset by requirements for stream improve-
ments meeting ��w66th �e approval of the Chief Engineer
of the itivcFlood Control District.
25.26-8 "D-2" Uses Specifically Prohibited
The following uses are specifically prohibited in the "D-2"
district:
- Landfills, improvements, developments, or other
encroachments that would increase water surface eleva-
tions of the Design Flood more than one foot or that
cannot be fully offset by stream improvements as
provided in Article 25.26-7.
- Excavations that will tend to broaden the flood plain
or direct flood flows out of the natural flood plain.
Storage of floatable substances or materials which will
add to the debris load of a stream or watercourse.
25.26. (4)
25.26-9 Development Standards
The property development standards of the Residential-Estate
Density shall apply insofar as they pertain to the uses of this
district.
25.26-lo Provisions for Site Plan Review
All development shall be subject to Site Plan Review as prescribed
in Article 25.38-4.
25.26-11 Special Standards
None except as required under Conditional Use Permit.
25.26 .(5)
ARTICLE 25.27 SEISMIC HAZARD OVERLAY DISTRICT
25.27-1 Intent and Purpose
The purpose of the Seismic Hazard Overlay District is to protect
life and property in the City of Palm Desert from the hazards of
seismic activity and to set requirements for the level of earth-
quake consideration that must be incorporated into development
proposals prior to design and construction .
25.27-2 Uses Permitted
All uses permitted in the underlying district are permitted subject
to the obtaining of a Conditional Use Permit approved by the Planning
Commission.
25.27-3 Site Development Standards
- All the development standards and requirements set forth
in the underlying zone shall be complied with.
- Standards and requirements in excess of those in the
underlying zone may be required in the Conditional Use
Permit to mitigate possible seismic related impacts.
25.27-4 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 of California 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;
25.27 (1 )
(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,
ductility) ;
(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;
and
(8) Design of anchorage and bracing for all critical
instructure systems (examples : emergency power,
heat , light, oxygen supply, etc.) , 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.
25.27-5 Cost of Investigation
All cost and expenses incurred as a result of the requirements of
this Article, including the cost and expense of an independent
review of the material submitted hereunder by qualified persons
retained by the City shall be borne .by the applicant for the
Conditional Use Permit.
25.27-6 Provisions for Site Plan Review
All permitted uses, except one family dwellings , and all conditional
uses shall be subject to Site Plan Review as prescribed in
Article 25.38-4.
25.27. (2)
ARTICLE 25.28 NATURAL FACTORS/RESTRICTED DEVELOPMENT OVERLAY
25.28-1 Intent and Purpose
The purpose of this 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.
25.28-2 Uses Permitted Subject to a Conditional Use Permit
All uses permitted in the underlying zone shall be permitted in this
District subject to the obtaining of a Conditional Use Permit approved
by the Planning Commission.
25.28-3 Development Standards
- All the development standards and requirements set forth in
the underlying zone shall be complied with.
- Additional standards for development may be required in the
Conditional Use Permit to insure that modification to exist-
ing 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.
25.28-4 Cost of Investigations
All costs and expenses incurred as a result of the requirements of
this section including the cost and expenses of an independent review
of the material submitted hereunder by qualified persons retained by
the City shall be borne by the applicant for the Conditional Use
Permit.
25.28-5 Provisions for Site Plan Review
All development within this overlay district shall be subject to
the provisions prescribed in Article 25.38-4.
25.28 (1 )
ARTICLE 25.29 HILLSIDE DEVELOPMENT OVERLAY DISTRICT
25.29-1 Intent and Purpose .
The purpose and intent of the HILLSIDE DEVELOPMENT OVERLAY district
is:
- To encourage only minimal grading in Hillside Areas that
relates to the natural contours of the land and will not
result in extensive cut and fill slopes that result in a
padding or staircase effect within the development.
- To retain natural vegetation which stabilizes slopes and
where necessary require additional landscaping to stabilize
slopes and maintain the necessary cut and fill slopes in
Hillside Areas.
- To encourage designs proposals for development in Hillside
Areas that will materially reduce the need for grading and
disturbance of the natural environment in Hillside Areas,
- Require the retention of natural landmarks and features
including vistas and the natural skyline as integral elements
in development proposals in Hillside Areas.
Hillside Areas are those areas indicated on the District Zoning Maps
as having slopes before grading in excess of ten percent.
25.29-2 Conditional Uses
1
All uses in the underlying district are permitted subject to the
issuance of a conditional use permit. The density for residential
development within the district shall be determined on the basis of
the average slope of the natural terrain of the parcel .
25.29-3 Development Standards
25.29-3.01 Slope Computation
Average slope of a parcel or any portion of a parcel within the
district shall be computed by application of the following formula
to the natural slope.
S: 002291L Where: S = Average percent slope
A I = Contour interval in
feet
L = Summation of the
contour length in feet
A = Area of the parcel in
Acres
25.29. (1)
i
Density within the district shall be based on the following scale:
Percent Slope Maximum Density/Gross Acre
a) to - 19.9% 3.0
b) 20 - 24.9% 1 .5
c) 25 - 29.9% 1 .0
d) 30% or greater 0. 1
25.29-3.02 Grading
The minimum of percentage of a parcel to remain in a natural state
without cut or fill shall be determined on the basis of the average
slope of the natural terrain of the parcel . The following table
indicates the minimum percentage of a parcel to remain in a
natural state.
Percent of the Parcel to
Percent Slope Remain in the Natural State
a) to - 14.9% 35%
b) 15 - 17.4% 40%
c) 17. 5 - 19.9% 45%
d) 20 - 24.9% 55%
e) 25 - 29.9% 75%
f) 30 - 34.9% 85%
9) 35% or greater 100%
25.29-3.03 Circulation
(1) Street alignments where possible shall parallel contours
of the natural terrain and be located in valleys or on
ridges,
(2) Where streets are required between a valley and ridge the
principal of grading shall be half cut/half fill rather
than all cut or all fill ,
(3) Sidewalks, when required, need not parallel the curb line.
(4) Street lighting, when required, shall be of low profile
design and unobtrusive.
25.29-3.04 Structural Design
(1) Site plan review in accord with Article 25.38-4 is required
for all development in a hillside development overlay district.
25.29 (2)
(2) Lot size, height units and setbacks shall be flexible in
order to achieve the purposes of this section. When develop-
ment is proposed under standards that do not conform to
standards for the underlying district, a Conditional Use
Permit shall be required.
25.29-3.05 Fire Protection
(1) Clearance of brush or vegetative growth from structures
and roadways shall be in accordance with the Uniform Fire
Code and approved by the R*efs� *y Fire
(2) Roofs shall be of fire r tardant material approved by the
sty Fire Bep gent
(3) All easements for fire breaks shall be dedicated to this
purpose through recordation.
25.29-3.06 Erosion Control
All manufactured slopes shall be planted or otherwise protected
from the effects of storm run-off and erosion within 30 days after
completion of grading. Planting shall be designed to blend with
the surrounding terrain and the character of development.
25.29 (3)
ARTICLE 25.30 REDEVELOPMENT OVERLAY DISTRICT
25.30-1 Intent and Purpose
The Redevelopment overly district is included within the Zoning
regulations to provide more strict controls over development
within any Redevelopment Project Area which may be delineated
within the City than would otherwise be possible within this
Ordinance.
25.30-2 Permitted and Conditional Uses
Any permitted or conditional use which is allowed within the
base district shall be allowed provided that it shall first be
reviewed and approved by the Redevelopment Agency of the City.
25.30-3 Development Standards
The development standards of the underlying district, in addition
to any additional conditions which may be required by the
Redevelopment Agency, shall apply.
25.30 (1 )
ARTICLE 25.31 SCENIC PRESERVATION OVERLAY
25.31-1 Intent and Purpose
It is the purpose of the Scenic Preservation Overlay to designate
those scenic corridors which have a special aesthetic quality
and to provide the opportunity for special standards for develop-
ment in these areas to protect that quality.
25.31-2 Permitted and Conditional Uses
Any permitted or conditional use which is allowed within the base
district shall be allowed provided that it shall first be
reviewed and approved by the Architectural Review Board which
shall have taken specific notice of the fact that such develop-
ment is within a scenic corridor as noted within the City 's
General Plan.
25.31-3 Development Standards
The development standards of the underlying base district, in
addition to any conditions which may be required by the
Architectural Review Board, shall apply.
25.31 (1)
ARTICLE 25.32 GENERAL PROVISIONS
25.32-1 Required Street Dedication and Improvement
No building and no land shall be used for any commercial , industrial ,
residential or community facility use, nor shall any Building Permit
therefore be issued where the site of such buildings or such land to
be used for said uses abuts upon , and the vehicular ingress or egress
to the aid uilding or land is by way of or into or upon, any
existing'^ way or highways until and unless the right-of-way for
such circulation elements has been dedicated to, or vested in the
City of Palm Desert, and such right-of-way has been improved in full
compliance with the City's requirements. If, however, at the time
of development of the property it is physically indavisable, in the
opinion of the Director of Environmental Services, for the owner to
immediately commence any required street improvements, said owner
may enter into an agreement with the City assuring th om le ion
of said improvements and the City may require a d in
a penal sum, equal to the estimated cost thereof to be furnished by
the owner.
25.32-2 Dedication of Other Rights-of-Way
No building and no land shall be used for any commercial , industrial ,
residential , or community facility use, nor shall any Building Permit
therefore be issued until all public rights-of-way are dedicated to
the appropriate public agency.
25.32-3 Required Drainage Fees
No building and no land shall be used for any commercial , industrial ,
professional , group dwelling, or community facility use, nor shall
any Certificate of Use and Occupancy therefor be issued where the
site of such building or such land to be used for said uses is
located within the boundaries of the City of Palm Desert 's duly
adopted "Master Plan of Drainage", until and unless the drainage
fees pertaining to the gross area of the site have been paid in the
amount set forth in the legislative action adopting and establishing
such a "Master Plan of Drainage". The funds derived from the
drainage fees imposed shall be utilized only for the construction of
local drainage facilities for the disposal of surface and storm
waters from the local drainage area in which such building or land is
located pursuant to the adopted "Master Plan of Drainage".
In the discretion of the Palm Desert City Council , dedication of
rights-of-way, or actual construction installation, or design by a
duly registered Civil Engineer of improvements described in the
"Master Plan of Drainage", or any combination thereof, may be
accepted in lieu of the payment of the aforementioned fees.
25.32 (1)
"Commercial , industrial , professional , group dwelling , or community
facility use" as used in this Article includes any retail , whole-
sale or industrial business , the carrying on of any profession, the
operation of a group dwelling consisting of five (5) or more
families, mobile home parks , motels, hotels and community facilities ;
but does not include agricultural or horticultural products grown or
produced on the premises as an accessory use to the land, or the
operation of any home occupation, or temporary individual mobile
home.
25. 32-4 Required Park Dedication and Park Fees
No building permit shall be issued for the purpose of establishing
a dwelling unit or units , a mobile home or mobile home park, or for
increasing the number of existing dwelling units or mobile homes on
a parcel or parcels of land until the Director of Environmental
Services has verified that the parcel or parcels of land upon which
such use or uses are proposed to be established is in compliance with
all applicable regulations of the City's local park dedication or
payment of fees in lieu thereof requirement .
25. 32-5 Undergrounding Requirements
All requirements for Undergrounding of Utilities as prescribed
within the City's Subdivision Regulations shall be met before any
Building Permit shall be issued.
25.32-6 Development Standards
25.32-6.01 Intent and Purpose
It is the intent and purpose of these development standards to
supplement the Development Standards and Special Development
Standards within each use district.
25.32-6.02 Site Area and Dimensions: Measurements
(1) Required front, side, and rear yards shall be measured as
the minimum horizontal distance from the property line of
the site or street right-of-way line to a line parallel
thereto on the site; provided that where a specific street
plan has been adopted by the City Council , site area and
required yards shall be measured from the plan line, and
no provision of this Ordinance shall be construed to permit
a structure or use to extend beyond such line; and provided
further that where a site abuts on a street having only a
portion of its required width dedicated or reserved for
street purposes, site area and required yards shall be
measured from a line drawn on the boundary of the additional
width required for street purposes abutting the site.
25.32 .(2)
A
(2) No site shall have less than thirty-five (35) feet of
frontage, and no portion of a site within which a square
having a minimum dimension of thirty-five (35) feet
cannot be inscribed shall be counted in determining the
site area.
(3) On an irregular site, required yards shall be measured
in the manner prescribed by the Zoning Administrator.
(4) On a lot having a width that exceeds its depth and which
is served by an access corridor, the longer dimension may
be considered the depth for purposes of measuring front,
side, and rear yards.
(5) If after dividing the area of a site in a residential
district by the site area required per dwelling unit , a
remainder equal to or greater than ninety (90) percent of
the area required for an additional dwelling unit is
obtained, one (1) additional dwelling unit may be located
on the site, provided that all other applicable yard,
open space, bulk, and parking regulations are met.
25.32-6.03 Width of Corner Lots
Corner lots shall have extra width in addition to the width pre-
scribed in the zoning schedule at least equal to the width of the
minimum interior side yard prescribed for a main structure in the
district and in no case shall the lot width be less than eighty
(80) feet.
25.32-6.04 Depth Adjoining Railroad in Residential Districts
In a residential district , no site rearing on a railroad right-of-
way shall have a depth of less than one hundred thirty (130) feet.
25.32-6.05 Front Yards: Requirements and Exceptions
In addition to the regulations prescribed within each use district,
the following regulations shall apply:
(1) Where sites comprising forty (40) percent of the frontage
in a residential district on a block are improved with
buildings, the minimum front yard shall be the average .of
the minimum front yard depths for structures other than
garages or carports on each developed site in the district
on the block. In computing the average, a depth ten 0 0)
feet greater than the minimum required front yard shall
be used for any site having a greater yard depth.
25. 32 .(3)
(2) No fence, hedge, or other screen planting located in a
required front yard shall exceed three and one half (3 1/2)
feet in height .
25.32-6.06 Side and Rear Yards : Requirements and Exceptions
In addition to the regulations prescribed within each use district,
the following regulations shall apply:
(1) On the street side of a corner lot the side yard shall be
not less than twice the depth of the minimum side yard
prescribed for the district, except that a side yard in
excess of the required front yard depth shall not be
required, and a side yard less than ten (10) feet shall
not be permitted.
(2) On a reversed corner lot the minimum rear yard may be not
less than the minimum side yard prescribed for the district
if the side yard adjoining the street is not less than the
required front yard on the adjoining key lot, or fifteen
(15) feet, whichever is greater.
(3) On the side street side of a corner lot, the minimum side
yard for a garage, carport, or off-street parking space
required to serve a dwelling in a residential district
shall be twenty (20) feet, provided that if the garage,
carport, or off-street parking space is entered parallel
to the street , the minimum side yard shall be the same as
the side yard otherwise required on the site.
(4) Fences, walls , and hedges not over six (6) feet in height,
and walks, driveways , and retaining walls may occupy a
required side or rear yard, subject to the limitations
prescribed in Article 25.32-6.07.
25. 32-6.07 Traffic Site Obstructions
On a corner lot, no fence, wall , hedge, or other obstruction ,
except the natural grade of a site, within a triangular area formed
by the street property lines and a line connecting points on the
street property lines twenty-five (25) feet from the street inter-
section, shall exceed a height of three (3) feet above established
grade at the edge of the street pavement on plans approved by the
Director of Environmental Services or the existing pavement or
traveled way if plans have not been approved, provided that trees
pruned up to eight (8) feet above street grade shall be permitted.
. 25. 32 . (4)
25.32-6.08 Projections into Yards
(1) Architectural Projections
Architectural projections including eaves , awnings, louvers ,
and similar shading devices ; sills, belt courses , cornices ,
and similar features; and flues and chimneys may project
not more than four (4) feet into a required front yard,
rear yard, or side yard on the street side of a corner lot,
and not more than two (2) feet into any other required
yard, provided that the distance between an architectural
projection and a side or rear property line shall not be
less than three (3) feet.
(2) Oriel or Bay Windows
Oriel or bay windows may project not more than three (3)
feet into a required front yard, rear yard, or side yard
on the street side of a corner lot, provided that the
aggregate width of oriel or bay windows shall not exceed
fifty (50) percent of the length of the wall in which they
are located and the width of any individual oriel or bay
window shall not exceed ten (10) feet.
(3) Porches and Steps
Unroofed porches, steps, decks , and terraces may project
not more than eight (8) feet into a required front yard or
side yard on the street side of a corner lot, or to a
point not closer than three (3) feet to an interior side or
rear property line, provided that the height including
railings shall not exceed six (6) feet above the grade of
the ground at the property line.
(4) Balconies Over Six (6) Feet Above Ground
Balconies, decks, terraces , and other similar unroofed
structures at a height including railing more than six (6)
feet above the level at which a yard must be provided, may
project not more than eight (8) feet into a required front
yard or rear yard and five (5) feet into any other required
yard, provided that they shall not reduce any yard to less
than five (5) feet except on the street side of a corner
lot. Such structures shall be cantilevered or supported
only by necessary columns. A balcony or deck projecting
from a higher story may extend over a lower balcony or
deck but shall not in such case be deemed a roof for the
lower balcony or deck.
25. 32 (5)
(5) Open Stairways
Open, unenclosed fire escapes and fire-proof outside
stairways may project into any required yard not more
than four (4) feet, provided that no yard shall be
reduced to less than three (3) feet.
(6) Covered Patios
Covered patios attached to a main structure p t cture may project
not more than eight (8) feet into a required rear yard
and five (5) feet into a required side yard within
thirty-five (35) feet of the rear lot line, provided that
the yard shall s re re uid side a q y 1 not be reduced to less than
five (5) feet. A covered patio not attached to a main
structure shall be deemed an accessory structure.
(7) Underground Structures
Covered underground structures may project without limit
into any required yard provided that they shall not have
a height of more than two and a half (2 1/2) feet and
provided that their surfaces are landscaped.
25.32-6.09 Projections Over Public Property
Projections into public rights-of-way shall be regulated by the
Building Code, except that in a commercial district a balcony, oriel
window, arcade, or other projection may extend over a sidewalk,
provided that the horizontal distance between the curb and the
nearest face of the structure shall be at least two (2) feet, the
clear vertical height under the projection shall be at least twelve
(12) feet, and the clear horizontal distance between the property
line and any supporting structure shall be at least seven (7) feet.
At least eighty-five (85) percent of the area and eighty-five (85)
percent of the length of a vertical plane through a line of support-
ing columns shall be open and free of obstructions. Space over a
public right-of-way permitted by this Article may be enclosed and
may be occupied by a permitted use or a conditional use and shall
be included in computing basic floor area if enclosed.
25.32-6. 10 Height Limits
(1) Measurement
The height of a structure shall be measured vertically
from the average elevation of the natural grade of the
ground covered by the structure to the highest point of
the structure or to the coping of a flat roof, to the
25.32 -(6)
deck line of a mansard roof, or to the mean height between
eaves and ridges for a hip, gable, or gambrel roof. The
height of a fence or a wall used as a fence shall be
measured from the higher finished grade adjoining the fence
or wall . The average height of a wall of a structure shall
be deemed the height of the wall .
(2) Exceptions
Towers, spires, cupolas, chimneys, penthouses, water tanks,
flagpoles, monuments, scenery lofts, radio and television
aerials and antennas, transmission towers, fire towers, and
similar structures and necessary mechanical appurtenances
covering not more than ten (10) percent of the ground area
covered by the structure may be erected to a height of not
more than sixty-five (65) feet or not more than twenty-five
(25) feet above the height limit prescribed by the regula-
tions for the district in which the site is located, which-
ever is less. Utility poles and towers shall not be
subject to the height limits prescribed in the district
regulations.
25.32-6. 11 Screening and Landscaping
(1) Materials and Maintenance
Except as otherwise required by the provisions of this
Ordinance, screening shall consist of a solid wall or
fence, vine-covered fence, or compact evergreen hedge.
Hedge material used as screening shall be not less than
three (3) feet in height when planted and shall not be
permitted to exceed the specified height by more than one
and one-half (1 1/2) feet. Where buffers of trees are
required, they shall have a mature height of not less than
twelve ( 12) feet and shall be planted not more than twenty
(20) feet apart. All screening and landscaping shall be
permanently maintained in orderly condition by the owner.
Plant material shall be watered, weeded, pruned, and
replaced as necessary to screen or ornament the site. A
permanent irrigation system shall be provided.
(2) Screening of Parking and Loading Facilities In, Adjoining
or Opposite a Residential District
In a residential district an open parking facility for more
than five (5) cars or a loading area shall be screened from
properties in a residential district adjoining or directly
across a street or alley. In a district other than a
residential district an open parking facility or a loading
25.32 (7)
area shall be screened from a residential district adjoin-
ing or directly across a street or alley. Screening shall
be six (6) feet in height, except that screening to pro-
tect properties across a street may be not less than four
(4) feet in height.
(3) Additional Landscaping in Industrial Districts
In an industrial district the required front yard and
required side yard on the street side of a corner lot,
except for the area occupied by necessary drives and walks ,
shall be landscaped with trees and other plant materials
suitable for ornamentation.
c,Z H LL S\z.L.
�5
L/
25.32 (8)
ARTICLE 25.33 OFF-STREET PARKING AND LOADING REQUIREMENTS
25.33-1 Intent and Purpose
The intent and purpose of these regulations are to provide properly
designed parking areas and loading berths adequate in capacity,
location and design to prevent traffic congestion and a shortage
of curb spaces in the City of Palm Desert. Off-street parking
facilities shall be provided incidental to new uses and alterations
and enlargements of existing uses. The number of parking spaces
shall be in proportion to the need created by the particular type
of use. Off-street parking and loading areas are to be established
in a manner that will insure their usefulness, protect public .
safety, and, where appropriate, buffer surrounding land uses from
their impact.
25.33-2 General Provisions
25.33-2.01 Application
Off-street parking shall be provided for any new building con-
structed and for any new use established; for any addition or
enlargement of an existing building or use; and for any change in
the occupancy of any building or the manner in which any use is
conducted that would result in additional parking spaces being
required, unless an equivalent substitute number of such spaces
is provided and maintained conforming to the requirements of this
Article.
25.33-2.02 Chance in Use
When the occupancy or use of any premises is changed to a different
use, or is altered, enlarged, expanded or intensified, additional
parking to meet the requirements of this Article shall be provided
for the changed, enlarged, expanded, altered or intensified
portion of the occupancy or use.
25.33-2.03 Location of Parking Spaces
The required parking spaces or garages shall be located on the
same building site except as otherwise provided by this Ordinance.
Property within the ultimate right-of-way of a street or highway
shall not be used to provide required parking or loading facilities .
25.33 (1)
25.33-2.04 Design and Maintenance
All off-street parking spaces and areas required by this Article
shall be designed and maintained to be fully useable for the
duration of the use requiring such areas and spaces.
25.33-2.05 Tandem Spaces
Except for mobile homes, tandem spaces shall only be permitted for
those spaces that exceed the requirements of this Ordinance.
25.33-3 Parking Development Standards
Parking areas serving industrial , commercial , apartment and public
or community facility uses shall be subject to the following
parking standards:
25.33-3.01 Stall Dimensions
Each off-street parking stall shall consist of a rectangular area
not less than 9 feet wide by 20 feet long except as otherwise
provided in this Article.
25.33-3.02 Landscaping Requirements
A minimum of 15 percent of the total off-street parking area shall
be landscaped with a mixture of trees, shrubs, ground cover, other
plant material and hardscape material . A minimum of one third
(1/3) of the required landscaping ,shall be distributed within the
interior of the parking facility and the remaining two thirds
(2/3) of the required landscaping shall be provided as peripheral
planting on the exterior edges of the parking area. All land-
scape areas shall be well maintained in perpetuity.
25.33-3.03 Screening Requirements
All off-street parking areas shall be screened to minimize the
visual impact on adjacent streets and properties. No parking
space shall be located within six (6) feet of any property line.
Any open areas in the interiors so formed shall be landscaped
with appropriate plant materials.
25.33-3.04 Tree Requirements
Landscaping within the off-street parking areas shall be provided
to the extent of at least one ( 1) fifteen gallon tree per each
five parking stalls or their equivalent.
25.33 (2)
25.33-3.05 Landscape and Irrigation System Plan Review
Landscape and automatic irrigation system plans , including the
type and location of plant materials, shall be submitted to and
approved by the Architectural Review Board either as part of a
review process applicable to the subject property or prior to
the issuance of Building Permits if no such review process is
required.
25.33-3.06 Bumper or Tire Guard Requirements
Bumper or tire guards shall be provided along any property line
which abuts a public walkway, street or alley.
25.33-3.07 Lighting Requirements
Lighting used to illuminate the parking area shall be designed
and located to confine direct rays to the premises. Light stand-
ards shall be a maximum of ten ( 10) feet in height.
25. 33-3.08 Marking Requirements
All parking stalls shall be clearly outlined with double or
hairpin lines on the surface of the parking facility.
25. 33-3.09 Paving Requirements
All parking stalls and maneuvering areas shall be paved and
permanently maintained with asphaltic or concrete surfacing. All
areas within the parking area not paved shall be landscaped.
25.33-3. 10 Maneuvering Requirements
Parking areas shall be designed to enable a car entering the
parking area to move from one location to any other location within
the parking area or premises without entering a street.
25.33-3. 11 Use Restrictions
The required parking area shall not be used for any other use other
than the temporary storage of motor vehicles during the time that
the use requiring the parking is in operation.
25.33-3. 12 Arrangement Requirements
Parking and maneuvering areas shall be so arranged that any
vehicle entering a vehicular right-of-way can do so traveling in
a forward direction.
25.33 (3)
25.33-3. 13 Identification Requirements
Parking area identification and directional graphics not to exceed
two square feet each may be located in any district at the
entrance or exit of a parking area. Such notices may contain the
name of the owner or occupant of the property and any combination
of the words and symbols similar to the following : parking , park
here, enter here, entrance, exit, do not enter, stop, private,
public, customer only.
25.33-4 Supplemental Development Standards for Residential
Uses
Parking areas serving residential uses shall be subject to the
following supplemental parking development standards:
25.33-4.01 Single Family Residential
Single Family Residential including conventional detached, cluster
housing, or condominium:
(1) Two parking spaces for each unit shall be provided
within a garage or carport.
(2) Each space shall contain 10' X 20' of unobstructed area.
This requirement may be met by utilizing the interior
dimensions of the garage or carport.
25.33-4.02 Multiple Family Residential
Multiple Family Residential including apartments or condominiums :
(1) A minimum of two parking spaces for each unit shall be
provided within a garage or a carport for each living
unit.
r(2) Parking Development Standards contained in Section
25. 33-3 of this Ordinance shall be applicable.
25.33-4.03 A'Review
The design of carports and garages shall be subject to the approval
of the Architectural Review Board.
25. 33-5 Parking Design Standards
All parking areas serving industrial , commercial , professional ,
apartment and public or community facilities shall be subject to
the following regulations:
25.33 (4)
25.33-5.01 Access Drives
Access drives leading to aisles within a parking area shall be a
minimum width of 20 feet for two way and 12 feet for one way.
25.33-5.02 Aisle Width
Where two way traffic is desired, aisle widths and maneuvering
areas shall be a minimum width of 24 feet.
25.33-5.03 Maximum Grade and Minimum Width
A driveway or vehicular accessway from a parking area shall have
a maximum grade of not more than two percent for a. minimum length
of 15 feet immediately adjacent to a street right-of-way line.
25.33-5.04 Driveway and Accessway Requirements
Driveways and vehicular accessways providing access between a
street and a parking area or garage area shall be paved, marked
and maintained; and they shall have a i width of 20 feet for
two way traffic and 12 feet for one way traffic.
25.33-5.05 Minimum Aisle Width Requirements
Minimum aisle width in feet for one-way traffic:
Parking Angle Degree: 00-290 300-34o 350-390 400-440
Stall Width: 11 ' 12 ' 13' 14'
Parking Angle Degree: 450-490 500-540 550-590 6o°-640
Stall Width: 15' 15.5' 16.5' 17.5'
Parking Angle Degree: 650-690 700-740 750-790 800-900
Stall Width: 18.5' 20' 21 .5' 24.5'
25.33-5.06 Reserved for Parking Layout Drawings
25.33-5.07 Special Parking Design Standards
(1) All landscape planter beds in interior parking areas
shall be not less than 4 feet in width and bordered by
-a concrete curb not less than 6 inches in height
adjacent to the parking surface.
(2) Landscaped areas shall be distributed throughout the
entire parking area as evenly as is appropriate in the
design of the parking facility.
25.33 (5)
I
(3) A sprinkler system shall be installed in all landscaped
areas to insure the proper maintenance of plant materials.
(4) Where trees already exist, the parking lot shall be
designed to make the best use of this existing growth and
shade wherever it is reasonably possible.
(5) Landscaping shall include shrubs , trees, vines , ground
covers, hedges, flowers, bark, chips, decorating cinders,
gravel , and similar material which will improve the
appearance of parking areas.
25.33-6 Residential Off-Street Parking Schedule
In any district where a residential use is permitted, off-street
parking for residential uses shall be in conformity with the
following requirements unless otherwise specified in any approved
Planned Development District:
25.33-6.01 Single Family Residences
Single Family Parking Requirements (conventional detached or
mobile homes) . Two parking spaces per dwelling unit shall be
required.
25.33-6.02 Multiple Family Residences
Apartment Parking Space Requirements:
(1) Studio, one bedroom 2 .0 per unit
Two bedroom or larger units 2.0 per unit
(2) Condominium or cluster units 2.5 per unit
25.33-7 Commercial and Industrial Off-Street Parking Schedule
The following land uses shall provide off-street parking in con-
formity with the following requirements unless otherwise specified
in any approved Planned Development District.
USE MINIMUM PARKING STALLS REQUIRED
A. Commercial and Industrial Uses:
(1) Automobile washing and 16 minimum
cleaning establishments,
except self-service.
(2) Barber shops or beauty 2 for each barber chair and
parlors. 3 for each beautician station.
25.33 (6)
USE MINIMUM PARKING STALLS REQUIRED
(3) Buildings used solely for I for each 3 machines.
coin-operated laundromats
or dry cleaning.
(4) Commercial banks, Saving 1 for each 200 square feet
and Loan offices, other of gross floor area.
financial institutions,
public and private utility
offices.
(5) Contractor 's storage yards 6 which shall be separated
in connection with contrac- from the enclosed storage area.
tor's business ; salvage
yard; junk yard; automobile
wrecking yard; storage yard.
(6) General retail stores, 1 for each 250 square feet
except as otherwise of gross floor area.
specified herein.
(7) Lumber yards. 1 for each 500 square feet
of gross floor area for
retail sales, plus 1 for
each 1000 square feet of
open area devoted to dis-
play or sales; plus 1 for
each 2 employees.
(8) Mortuaries and funeral 5 plus 250 square feet of
homes. usable and accessible paved
parking area for every 25
square feet or fraction
thereof of assembly room
floor area.
(9) Food store, supermarket 1 for each 200 square feet
or drug store. of gross floor area.
(10) Motels and hotels. 1. 1 for each guest unit,
plus required spaces for
additional uses on the site.
(11) Motor vehicle sales and 1 per 400 square feet of
automotive repair. gross floor area.
25.33 (7)
USE MINIMUM PARKING STALLS REQUIRED
(12) Offices, except as other- 1 for each 250 square feet
wise specified, of gross floor area.
(13) Self-service automobile 5 for each 2 stalls.
washes.
(14) Neighborhood Shopping 4.5 for each 1000 square
Centers. feet of gross floor area.
(15) Community and Regional 5 for each 1000 square
Shopping Centers. feet of gross floor area.
(16) Stores solely for the 1 for each 500 square feet
sale of furniture and of gross floor area.
appliances.
(17) Trade schools, business 1 for each 3 student capa-
colleges and commercial city of each classroom plus
schools. 1 for each faculty member
or employee.
B. Commercial Recreation:
(1 ) Bowling alleys and billiard 5 for each alley, 2 for
halls. each billiard table
contained therein.
(2) .Commercial Stables. Sufficient area, treated
to prevent dust, to pro-
vide for the needs of
customers and employees
but not less than one
accessible space for each
five horses kept on the
premises.
(3) Driving ranges (golf) . 1 per tee, plus the spaces
required for additional
uses on the site.
(4) Golf Courses (Regulation 8 per hole plus the spaces
course) . required for additional
uses on the site.
(5) Pitch and Putt and 3 per hole, plus require-
Miniature golf courses. ments for accessory uses.
25.33 (8)
USES MINIMUN PARKING STALLS REQUIRED
(6) Skating rinks, ice or 1 for each 100 square feet
roller. of gross floor area, plus
the spaces required for
additional uses on the site.
(7) Swimming pool (commercial) . 1 for each 500 square feet
of gross floor area, plus
the spaces required for
additional uses on the site.
(8) Tennis Facility 4 for each court plus the
(commercial ) . spaces required for addi-
tional uses on the site.
C. Educational Uses:
(1) Elementary and junior high 2 for each classroom.
schools.
(2) Senior high schools, 1 for each member of the
public, parochial and faculty and each employee,
private. plus 1 for each 6 students
regularly enrolled.
(3) Colleges, universities, 1 for each 3 students plus
and institutions of 1 for each 2 members of
higher learning, parochial the faculty and employees.
and private.
D. Health Uses:
(1) Dental clinics or offices; 1 for each 200 square feet
Medical clinics or offices. gross floor area.
(2) Convalescent and nursing 1 for every 4 beds in
homes, homes for aged, accordance with the resi-
rest homes, children' s dent capacity of the home
homes and sanitariums. as listed on the required
license or permit.
(3) Hospitals. 1 3/4 for each patient bed.
(4) Veterinary hospitals, 1 for each 200 square feet
and clinics. gross floor area.
25.33 (9)
USES MINIMUM PARKING STALLS REQUIRED
(5) Health studios and spas. 1 for each 150 square feet
of gross floor area. (For
the purpose of this subsec-
tion, swimming pool area
shall be counted as floor
area.)
E. Manufacturing Plants and
Kindred Uses:
(1) Industrial uses of all 2 for each 3 employees
types except a building plus 1 for each vehicle
used exclusively for operated from and stored on
warehouse purposes. the property, but in no event
less than 1 for each one
thousand square feet of
gross floor area.
(2) Warehouses, storage build- 2 for each 3 employees,
ings or structures used but in no event less than
exclusively for storage 1 for each one thousand
purposes. square feet of gross floor
area for the first twenty
thousand square feet; 1 for
each two thousand square
feet of gross floor area
for the second twenty thou-
sand square feet; 1 for each
four thousand square feet
of gross floor area for areas
in excess of the initial forty
thousand square feet of floor
area of the building.
(3) Wholesale establishments 1 for each 3000 square
and warehouses not used feet of gross floor area.
exclusively for storage.
(4) Public utility facilities 1 for each 2 employees in
including, but not limited the largest shift plus 1
to Electric, Gas, Water, for each vehicle used in
Telephone and Telegraph connection with the use.
facilities not having A minimum of 2 spaces shall
business offices on the be provided for each such
premises. use regardless of building
space or number of employees.
25.33 (10)
USES MINIMUM PARKING STALLS REQUIRED
F. Places of Assembly:
(1) Restaurants, taverns , 10 minimum or 1 for each 50
lounges and other estab- square feet of gross floor
lishments for the sale and area up to 400 square feet
consumption of the premises plus 1 for each 80 square
of food and beverages. feet of gross floor area
over 4000 square feet.
Drive-in, Drive-thru 10 plus 1 for each 100
and take-out restaurants. square feet of gross floor
area.
(2) Auditoriums, theaters, 1 for each 3 seats or 1
sports arenas, stadiums. for each 35 square feet
of gross floor area where
there are no fixed seats.
(3) Libraries. 1 for each 300 square
feet of gross floor area.
(4) Private clubs, lodge 1 for each 75 square feet
halls, union headquarters. of gross floor area.
(5) Churches and other places 1 for each 3 fixed seats
of assembly not specified within the main auditorium
above. or for every 35 square
feet of seating area within
the main auditorium where
there are no fixed seats ;
18 linear inches of bench
shall be considered a fixed
seat.
G. Other Uses:
(1) Day nurseries, including 2 for each 3 employees and
pre-schools and nursery teachers plus 1 loading
schools. space for each 8 children.
H. When a fractional figure is found as a remainder in computations
made to determine the number of required off-street parking
spaces or garages said fraction shall be construed as the next
larger whole number.
25.33 (11)
I . Parking area shall be computed by adding the areas used for
a access drives, aisles, stalls, maneurvering, and landscaping
within that portion of the premises that is devoted to
vehicular parking.
25.33-8 In-Lieu Parking Payments
In commercial districts , parking spaces required by the provisions
of this section may be satisfied by the payment of a fee, as
established by Resolution of the City Council , per parking space to
the Off Street Parking Fund of the City prior to issuance of a
building permit provided that the district in which the use is to
be established is within an established Parking District . Funds
placed into the. Off Street Parking Fund pursuant to the provisions
of this article shall be used exclusively for the purpose of
acquiring and developing off street parking facilities, limited
insofar as practicable to the general vicinity of the premises for
which the in-lieu payments were made.
25.33-9 Off-Street Loading Requirements
25.33-9.01 General Provisions
Every hospital , institution, hotel , commercial or industrial
building hereafter erected or established shall have and maintain
loading spaces as provided subject to the following standards :
(1 ) Each loading berth shall be not less than forty-five (45)
feet in length and twelve (12) feet in width exclusive of
aisle or maneuvering space, and shall have an overhead
clearance of not less than fourteen (14) feet.
(2) Such space may occupy all or any part of any required
yard space, except front and exterior side yards , and
shall not by located closer than fifty (50) feet to any
lot in any residential zone unless enclosed on all sides
except the entrance by a wall not less than eight (8)
feet in height.
(3) Sufficient room for turning and maneuvering vehicles shall
be provided on the site so that vehicles shall cross a
property line only by driving forward.
(4) Each loading berth shall be accessible from a street or
alley or from an aisle or drive connecting with a street
or alley.
(5) Entrance from and exits to streets and alleys shall be
designed to minimize traffic congestion.
25.33 (12)
(6) The loading area, aisles , and access drives shall be paved
so as to provide a durable, dustless surface and shall be
so graded and drained so as to dispose of surface water
without damage to private or public properties , streets,
or alleys.
(7) Bumper rails shall be provided at locations where needed
for safety or to protect property.
(8) If the loading area is illuminated, lighting shall be
deflected away from abutting residential sites so as to
cause no annoying glare.
(9) No repair work or servicing of vehicles shall be conducted
in a loading area.
(10) Off-street loading facilities shall be located on the same
site with the, use for which the berths are required.
(11) If more than one use is located on a site, the number of
loading berths provided shall be equal to the sum of the
requirements prescribed in this Ordinance for each use.
If more than one use is located on a site and the gross
floor area of each use is less than the minimum for which
loading berths are required but the aggregate gross floor
area is greater than the minimum for which loading berths
are required, off-street loading berths shall be pro-
vided as if the aggregate gross floor area were used for
the use requiring the greatest number of loading berths.
(12) Off-street loading facilities for a single use shall not
be considered as providing required off-street loading
facilities for any other use.
(13) At the time of initial occupancy, major alterations or
enlargement of a site, or of completion of construction
of a structure or of a major alteration or enlargement of
a structure, there shall be provided off-street loading
berth requirements. The number of loading berths provided
for a major alteration or enlargement of a site or
structure shall be in addition to the number existing
prior to the alteration or enlargement .
(14) Space allocated to any off-street loading berth shall not
be used to satisfy the space requirements for any off-
street parking facility.
25.33 (13)
1
(15) Loading space being maintained in connection with any
existing main building existing on the effective date
of this Ordinance shall thereafter be maintained so long
as said building remains, unless an equivalent number of
such spaces are provided on a contiguous lot in conform-
ity with the requirements of this Article; provided,
however, that this regulation shall not require the
maintenance of more loading space than is hereby required
for a new building, nor the maintenance of such space for
any type of main building other than those specified
above.
(16) No loading space which is provided for the purpose of
complying with the provisions of this Ordinance shall
hereafter be eliminated, reduced, or converted in any
manner below the requirements established in this
Ordinance, unless equivalent facilities are provided
elsewhere, conforming to this Ordinance.
25.33-9.02 Loading Spaces Required
The following off-street loading spaces shall be provided for all
hospitals, institutions, hotels , commercial and industrial uses.
Total square feet of building space
(gross floor area) Loading Spaces Required
(1) Commercial and Industrial
Buildings
3;000 - 15,000 1
15,001 - 40,000 2
40,001 - and over 3
(2) Hospitals , Institutions
10,000 - . 50,000 1
50,001 - 100,000 2
100,001 - and over 3
(3) Hotels and Restaurants I
25.33 (14)
ARTICLE 25.34 BUILDING LINE REGULATIONS
Main buildings and structures may be constructed or placed on any
portion of a building site except within the following areas;
1 . Within the ultimate right-of-way, as defined, shown as
existing on the Master Plan of Arterial Highways or
within the ultimate right-of-way; as defined, of any
local or private street;
2. Within the setback area established by the designation
of a building line on a Precise Plan of Highway Align-
ment or an official sectional district map; and
3. Except as otherwise provided by this Ordinance.
25.34 (1)
ARTICLE 25.35 PERMITTED TEMPORARY USES
25.35-1 Purpose and Intent
Uses permitted subject to a Temporary Use Permit are those temporary
uses which are required for the proper function of the community or
are temporarily required in the process of establishing a permitted
use, or constructing a public facility. Such uses shall be so
conducted that they will not be detrimental in any way to the
surrounding properties or to the community.
25.35-2' Uses Permitted- Subject to Temporary Use Permit
Christmas tree sales
Carnivals, circuses , special events of not over 72 consecu-
tive hours
Garage/yard sales (limited to 60 consecutive hours)
Parking and storage of earth moving or construction
equipment
Storage of materials incidental to the carrying on of a
public works project, subdivision or construction project
Tent revival meetings
Real estate track sales office
Construction - garage or shed for subdivision construction
Model homes, model home sales offices
Such other uses as the Commission may, by resolution
consider to be within the intent and purpose of this section.
25.35-3 Application and Filing Fee
Application for a temporary use permit may be made by the property
owner or his authorized agent. Such application shall be filed
with the Zoning Administrator who shall charge and collect a filing
fee for each such application, as determined by resolution of the
City Council .
25.35-4 Decision
Application for a temporary use permit shall be reviewed by the
Zoning Administrator who shall make his findings known to the
Commission. The Commission shall approve, conditionally approve,
or disapprove such application. Approval or conditional approval
shall be given only when in the judgment of the commission such
approval is within the intent and purposes of this section.
25.35-5 Conditions
In approving such a permit, the approval shall be made subject to
a time limit not to exceed sixty (60) days provided that a permit
25.35 (1)
for a tract home or lot sales office or construction site uses
may be for a period not to exceed one year. Additional conditions
may include but are not limited to the following:
Regulation of hours
Regulation of lights
Requirements of bonds or other guarantees for clean up or
removal of structure or equipment
Such other conditions deemed necessary to carry out the
intent and purpose of this section.
25.35 (2)
ARTICLE 25.36 HOME OCCUPATIONS
25.36-1 Purpose and Intent
This section is intended to provide for those uses customarily
conducted entirely within a dwelling and carried on by its occupants.
The use must be clearly incidental to the use of the dwelling and
may not change the character thereof nor adversely affect the uses
permitted in the district of which it is a part.
25.36-2 Regulations
Home occupations allowed by the provisions of this Ordinance shall
be granted by the Zoning Administrator provided the home occupation
complies with the following regulations:
There shall be no stock in trade other than products
maunfactured on the premises .
A home occupation shall be conducted in a dwelling and shall
be clearly incidental to the use of the structure as a dwelling.
A home occupation shall not be conducted in an accessory
structure, and there shall be no storage of equipment of supplies
in an accessory structure or outside the dwelling.
There shall be no external alteration of the dwelling in
which a home occupation is conducted, and the existence of a home
occupation shall not be apparent beyond the boundaries of the site,
except for a nameplate which shall be jn a... d with the provisions
of Article XIX of Ordinance N348tadop ed-fy reef(erence.
0- No one other than a resident of the dwelling shall be
employed in the conduct of a home occupation.
No motor shall exceed one horse power, and the total horse
power of such motors shall not exceed two horse power.
A home occupation shall not create any radio or television
interference or create noise audible beyond the boundaries of the
site.
No smoke, odor, liquid, or solid waste shall be emitted.
Not more than one truck of not more than one ton capacity
and no semi-trailers incidental to a home occupation shall be kept
on the site.
A home occupation shall not create pedestrian, automobile,
or truck traffic significantly in excess of the normal amount in
the district.
25.36-3 Use Permit
Application for a home occupation use permit shall be made to the
Zoning Administrator on a form supplied by the City Planning
Commission. The Zoning Administrator shall issue a certificate
upon determining that the proposed home occupation meets all the
requirements of this section.
25. 36 (1)
25.36-4 Term and Renewal of Home Occupation Use Permits
All use permits for home occupations shall continue in existence
and shall be automatically renewed on a year to year basis unless
the Zoning Administrator denies renewal in accordance with the
provisions of this Section.
25.36-5 Permit Fees
Upon initial issuance and renewal of a home occupation use permit
the Zoning Administrator shall collect a fee for such permit as
determined by resolution of the City Council .
25 36 (2)
ARTICLE 25.37 LINE OF SITE
TO BE COMPLETED
i
25. 37 (1)
ARTICLE 25.38 ADMINISTRATION
25.38-1 Powers, Authority and Responsibilities of the Planning Commission
and Zoning -Administrator
25.38-1 .01 Establishment of the Planning Commission
Pursuant to the provisions of Section 65100 of the Government Code
of the State of California, requiring each City to establish a
Planning Agency, a Planning Commission is hereby established and
designed as the Planning Agency of the City of Palm Desert,
California.
25.38-1 .02 Terms of Office
The Planning Commission shall consist of five members to be
appointed by the City Council by a minimum of four ' (4) affirmative
votes , each of whom shall serve a term of four years , or until his
successor is appointed with a maximum of two terms and portion of
an unexpired term; provided an unexpired term or other appointment
of less than two years shall not be considered a term under the
provisions of this section while an unexpired term or other
appointment of more than two years shall be considered a term under
the provisions of this section. The appointment of the members of
the Planning Commission shall be on September 1 of each year.
Members of the Planning Commission shall be registered voters
within the City of Palm Desert, California .
25.38-1 .03 Meetings
The Planning Commission shall hold at least two meetings a month
at such time and place as fixed by resolution. Special meetings
may be called as established in the Planning Commission By-laws .
25.38-1 .04 Powers , Authority and Responsibility
The Planning Commission of the City of Palm Desert shall :
(a) Prepare, adopt and recommend to the City Council a
General Plan for the City of Palm Desert;
. (b) Periodically review, adopt and recommend revisions to
the City Council of the General Plan;
(c) Prepare, adopt and recommend to the City Council such
specific plans as may be necessary or desirable to carry out the
objectives of the General Plan;
(d) Prepare, adopt and recommend to the City Council drafts
of regulations as may in its judgment be required for the systematic
execution of the General Plan;
25.38 (1 )
(e) Act as the advisory agency to the City Council in
connection with the administration of the State Map Act and
Environmental Quality Act of 1970;
(f) Periodically review and recommend to the City Council
regarding the Capital Improvement program of the City;
(g) Perform such other functions as the City Council may
provide or as may be imposed by law.
25.38-1 .05 Establishment of the Office of the Zoning Administrator
The Office of Zoning Administrator is hereby established. It shall
be the duty of the Zoning Administrator to enforce the provisions
of this Ordinance pertaining to the use of land, the erection,
construction, reconstruction, moving, conversion, alteration, or
addition to any building or structure.
The Director of Environmental Services shall function as the Zoning
Administrator.
25.38-2 Determine as to Uses Not Listed
25.38-2.01 Intent and Purpose
In order to insure that the zoning regulations will permit all similar
uses in each district, the Planning Commission, upon its own initiative
or upon written request shall determine whether a use not specifically
listed as a permitted or conditional use in any district shall be deemed
a permitted use or a conditional use in any one or more districts on the
basis of similarity to uses specifically listed. The procedures of this
section shall not be substituted for the amendment procedure as a means
of adding new uses to the list of permitted or conditional uses.
25.38-2.02 Application: Submittal Requirements
Application for determination of similar uses shall be made in writing
to the Planning Division 's Director of Environmental Services and shall
include a detailed description of the proposed use and such other infor-
mation as may be required to facilitate the determination.
25.38-2.03 Investigation and Report
The Director of Environmental Services shall make such investigation
of the application as necessary to compare the nature and character-
istics of the proposed use with those uses specifically listed and shall
make a report .of his findings to the Planning Commission.
25.38 (2)
25.38-2.04 Determination
The determination of the Planning Commission shall be rendered in writing
and chat ��_ .�� :_tr r rti r r-_. _wifihtin- +f-ttear-day4- f the
�aisn. The decision of the Commission shall become final within
thirty days unless an appeal is filed or unless a majority of the Council
elects to review the determination.
25.38-2.05 Appeal to City Council
A decision of the Commission may be appealed within fifteen days to the
Council by the applicant or any other person, as prescribed in Article
25.38-10, Appeals.
25.38-2.06 Determination by City Council
The City Council shall make a determination as prescribed in Article
25.38-10, Appeals , if an appeal has been filed within the prescribed
fifteen day appeal period. The decision of the City Council shall be
final .
25.38. (3)
25.38-3 Conditional Uses
25.38-3.01 Intent and Purpose
In order to give the use regulations the flexibility necessary tb
achieve the objectives of this Ordinance, in certain districts,
conditional uses are permitted, subject to the granting of a
Conditional Use Permit. Because of their unusual characteristics,
conditional uses require special consideration so that they may be
located properly with respect to the objectives of the zoning
regulations and with respect to their effects on surrounding
properties. In order to achieve these purposes , the Planning
Commission or the Zoning Administrator is empowered to grant or
deny applications for Conditional Use Permits for such conditional
uses as are prescribed in the district regulations and to impose
reasonable conditions upon the granting of Conditional Use Permits
subject to the right of appeal to the City Council .
25.38-3.02 Application: Submittal Requirements
Application for a Conditional Use Permit shall be filed with the
Director of Environmental Services on a form prescribed by the
Planning Commission and shall include the following data and maps:
(1) Name and address of the applicant
(2) Statement that the applicant is the owner or the authorized
agent of the owner of the property on which the use is
proposed to be located. This provision shall not apply to
a proposed public utility right-of-way.
(3) Address and legal description of the property.
(4) Statement indicating the precise manner of compliance with
each of the applicable provisions of this Ordinance,
together with any other data pertinent to the findings
prerequisite to the granting of a Conditional Use Permit,
prescribed in this section.
(5) A list of all owners of property located within three
hundred feet (300' ) of the exterior boundaries of the
subject property; the list shall be keyed to a map
showing the location of these properties.
(6) Plot plans and elevations, fully dimensioned, indicating
the type and location of all buildings and structures,
parking and landscape areas and signs. Elevation plans
shall be of sufficient detail to indicate the type and
color of materials to be employed and methods of illumi-
nation for signs. Screening, landscape and irrigation
plans shall be included in the plans.
25.38 (4)
(7) The Director of Environmental Services may require addi -
tional information or plans , if they are necessary, to
enable a determination as to whether a Conditional Use
Permit should be granted or denied. The Director
may authorize omission of any or all of the
plans and drawings required by this Section if they are
not necessary.
25.38-3.03 Investigation and Report
The Director of Environmental Services shall make an investigation of
the application and shall prepare a report thereon which shall be sub-
mitted to the Planning Commission or Zoning Administrator, whichever is
appropriate, and made available to the applicant prior to the Public
Hearing.
25.38-3.04 Hearing Responsibility
(1) All Conditional Use Permit applications required by the
following regulations shall be heard, and a determination
shall be made by the Planning Commission:
(a) Wherever required for cemeteries, including
mortuaries as an accessory use, mausoleums,
and crematoriums ;
(b) Wherever required for mining, quarrying and
the commercial extraction of rock, sand,
gravel , earth, clay and similar material , and
the reclamation of. mines, quarries, and pits
resulting from the commercial extraction of
rock, sand, gravel , earth, clay, and similar
materials.
(c) Where specifically required by this Ordinance
or otherwise.
(2) All other Conditional Use Permit applications shall be
heard, and a determination shall be made thereon by the
Zoning Administrator, except that the Zonino Administrator
may request a hearing and determination by the Planning
Commission at the Zoning Administrator's discretion.
25.38-3.05 Hearings
The Planning Commission or Zoning Administrator shall hold at least
one public hearing on each application for a Conditional Use Permit.
The hearing shall be set and notice given as prescribed in Article
25.38-9•
25.38 (5)
At the public hearing, the Planning Commission or Zoning Admini-
strator shall review the application and drawings submitted there-
with and shall receive pertinent evidence concerning the proposed
use and proposed conditions under which it would be operated or
maintained,
25.38-3.06 Action of the Planning Commission or Zoning Administrator
The Commission or Zoning Administrator may grant a Conditional Use
Permit as the permit was applied for or in modified form, or the
application may be denied. A Conditional Use Permit may be granted
for a limited time period, or may be granted subject to such con-
ditions as the Commission. or Zoning Administrator may prescribe.
Conditions may include, but shall not be limited to, payment of
drainage fees, req iring special yards, open space's , buffers,
fences, and walls; requiring installation and maintenance of land-
scaping; requiring street dedications and improvements; regulation
of points of vehicular ingress and egress regulation of traffic
circulation; regulation of signs; regulation of hours of operation
and methods of operation; control of potential nuisances ; pres-
cribing standards for maintenance of buildings and grounds ; pres-
cription of development schedules and development standards; and
such other conditions as the Commission or Zoning Administrator
may deem necessary to insure compatibility of the use with surround-
ing developments and uses and to preserve the public health, safety
and welfare. A Conditional Use Permit may grant Variances or Ad-
justments to the regulations prescribed by this Ordinance for which
variance and adjustment procedures are prescribed by Article 25.38-5.
25.38-3.07 Findings
The Planning Commission or Zoning Administrator shall make the
following findings before granting a Conditional Use Permit :
(1) That the proposed location of the conditional use is in
accord with the objectives of this Ordinance and the
purpose of the district in which the site is located.
(2) That the proposed location of the conditional use and
the conditions under which it would be operated or
maintained will not be detrimental to the public health,
safety, or welfare, or be materially injurious to
properties or improvements in the vicinity.
(3) That the proposed conditional use will comply with each
of the -applicable provisions of this Ordinance, except
for approved Variances or Adjustments.
(4) That the proposed conditional use complies with the goals,
objectives, and policies of the City's General Plan.
25.38 (6)
25.38-3.08 Effective Date of the Use Permit
The decision of the Planning Commission or Zoning Administrator shall
be final within fifteen (15) days from the date of the decision unless
an appeal has been filed with the Ciity�Counc^ il
25.38-3.09 Appeals
A decision of the Zoning Administrator may be appealed to the Planning
Commission. A decision of the Planning Commission may be appealed to
City Council .
25.38-3.10 Determination by City Council or Planning Commission
The City Council or Planning Commission, whichever is appropriate,
shall hold a Public Hearing on a Conditional Use Permit if an appeal
has been filed within the prescribed fifteen (15) day appeal period.
The decision of the City Council shall be final .
25.38-3. 11 Lapse of Conditional Use Permit
A Conditional Use Permit shall lapse and shall become void one year
following the date on which the use permit became effective, unless
prior to the expiration of one year, a building permit is issued
and construction is commenced and diligently pursued toward comple-
tion on the site which was the subject of the use permit application,
or a certificate of occupancy is issued for the structure which was the
subject of the use permit application, or the site is occupied if no
building permit or certificate of occupancy is required, provided that
a use permit for a public utility installation may be valid for a longer
period if specified by the Planning Commission.
25.38-3. 12 Modification of Conditional Use
Articles 25.38-3.02 through •.06 shall apply to an application for
modification, expansion, or other change in a conditional use, pro-
vided that minor revisions or modifications may be approved by the
Director of Environmental Services if he determines that the changes
would not affect the findings prescribed in Article 25.38-3.07 and the
application for revision or modification (1) is filed within one year
from the date the original Conditional Use Permit becomes final , (2)
does not change the use designated in the original Conditional Use
Permit, (3) does not increase, reduce, or alter the size or shape of the
premises to which the original Conditional Use Permit pertained, and
(4) does not extend the time in which the actual establishment of the
Conditional Use Permit or the commencement of construction under the
Conditional Use Permit shall take place.
25-38 .(7)
25.38-3. 13 Suspension and Revocation
Upon violation of any applicable provision of this Ordinance, or,
if granted subject to conditions, upon failure to comply with
conditions, a Conditional Use Permit shall be suspended automati-
cally. The Planning Commission shall hold a Public Hearing within
forty (40) days, in accordance with the procedure prescribed in
Article 25.3879 and if not satisfied that the regulation, general pro-
vision, or condition is being complied with, may revoke the
Conditional Use Permit or take such action as may be necessary to
ensure compliance with the regulation, general provision, or con-
dition. Within fifteen (15) days following the date of a decision
of the Commission revoking a Use Permit, the Secretary shall trans-
mit to the City Council written notice of the decision. The
decision shall become final thirty (30) days following the date on
which the Use Permit was revoked unless an appeal has been filed.
25.38-3. 14 New Applications
Following the denial of a Conditional Use Permit application or the
revocation of a Conditional Use Permit, no application for a
Conditional Use Permit for the same or substantially the same
conditional use on the same or substantially the same site shall be
filed within one year from the date of denial or revocation of the
Conditional Use Permit.
25.38-3. 15 Use Permit to Run With the Land
A Conditional Use Permit granted pursuant to the provisions of this . '
Article shall run with the land and shall continue to be valid
upon a change of ownership of the site or structure which was the
subject of the Conditional Use Permit application.
25.38-3. 16 Use Permit and Change of Zone Filed Concurrently
Application for a Conditional Use Permit may be made at the same
time as application for a change in zone boundaries including the
same property, in which case the Planning Commission shall hold the
public hearing on the zoning reclassification and the Use Permit
at the same meeting and may combine the two hearings. For purposes
of this section, the date of the Commission decision on the Use
Permit application shall be deemed to be the same as the date of
enactment by the City Council of an Ordinance changing the zone
boundaries, provided that if. the Council modifies a recommendation
of the Commission on a zoning reclassification, the Use Permit
application shall be reconsidered by the Commission in the same
manner as a new application.
25.38 (8)
25. 38-4 Architectural Review Board
25.38-4.01 Intent and Purpose
An Architectural Review Board is established in order to:
- Recognize the interdependence of land values and aesthetics
and provide a method by which the City may implement this
interdependence to its benefit.
- Encourage the development of private and public property
in harmony with the desired character of the City and in
conformance with the guidelines herein provided with due
regard to the public and private interests involved.
- Foster attainment of those sections of the City' s General
Plan which specifically refer to the preservation and
enhancement of the particular character and unique assets
of this City and its harmonious development, through
encouraging private and public interests to assist in
the implementation process.
- Assure that the public benefits derived from expenditures
of public funds for improvement and beautification of Q
streets and other public structures and spaces shall be w
protected by the exercise of reasonable controls over the
character and design of buildings and open spaces to
include street landscaping, median strips, parks, etc.
25.38-4.02 Membership, Meetings, Duties and Responsibilities J
The Architectural Review Board shall consist of five members. 40ne member
shall be the Director of EnvLrmental Services. One member shall be the
City' s Building Official . T+44- members shall be citizens appointed by the
Mayor and approved by the City Council .
Jwo .of th citizen members shall be architects of diverse architectural
philosophies if available and/or members of related design and construct-
ion fields . Citizen members shall be appointed based on their civic
responsibility, ability to give objective, effective, constructive, and
unprejudiced criticism, ability to give direction and suggest alternatives,
and their use of diplomacy and tact in expressing their judgment.
Citizen members of the ARB shall serve for an unspecified time or for a
specific period as established by the City Council .
The Director of Environmental Services, or his designated repre-
sentative shall serve as Secretary to the Board.
The ARB shall hold regularly scheduled public meetings as directed
by the Board. An applicant, upon the filing of an application,
shall be advised of the date and place of his hearing before the
Board. Three members must be present to hold a meeting. A
majority vote of the members present is sufficient to take action
on a submittal .
25.38 (9)
The duties of the ARB shall be to review and approve or cause
to be modified all proposed developments requiring qualified aes-
thetic and architectural judgment to the end that the general
appearance of all proposed developments shall preserve or enhance
the physical environment and character of the City of Palm Desert.
25.38-4.03 Required Drawings
An applicant shall submit an architectural review application
form and the following materials, as applicable to the specific
project ( in sufficient quantities as determined by the Board)
to the ARB.
1 . In the "design development" phase of the project:
a. A dimensioned Site Plan showing:
- Roof plan of building(s)
- Location of existing trees and structures
- Location and dimensions of streets, alleys, and
highways
- Location of off-street parking and loading
facilities
- Location of points of entry and exit for vehicles
and internal circulation patterns
- Location of walls and fences
- Location of exterior lighting standards
- Grading and slopes--- existing and proposed
- Location of existing easements, drainage and
utilities
- Street and road improvements
b. Dimensioned architectural drawings including:
- A plan to scale
- Elevation to include all sides of the proposed
project (buildings, fences) indicating materials
and colors
25.38 (10)
1
I
Perspectives, model or other suitable graphic
materials at the option of the Board
c. A detailed landscape plan, designating areas to be
landscaped, landscape materials, and sprinkler
system
d. Site photographs at the option of the Board
e. Fire protection facilities and capacities
2. In the final "application for a building permit" phase,
the same information outlined above, developed into
complete construction documents, shall be submitted.
25.38-4.04 Findings
The ARB shall review the materials submitted with the application
with respect to the following:
j - General Site utilization
- General architectural considerations including a review of:
- the height, bulk and area of the buildings
- the colors and materials to be used
- the physical and architectural relationship of the
proposal with existing and proposed structures
- the site, layout, orientation and location of buildings
and their relationship with open areas, topography, and
line of sight
1 - height, materials, colors and variations in boundary
i
walls, fences or screen planting
- appropriateness of sign design and exterior lighting
General landscaping considerations
`25.38-4.05 Action of the ARB
To grant approval of an application the Board shall find:
- That the design and location of the proposed development
and its relationship to neighboring existing or proposed
developments and traffic is such that it will not impair
25.38 (11)
the desirability of investment or occupation in the
neighborhood; that it will not unreasonably interfere
with the use and enjoyment of neighboring existing or
proposed developments, and that it will not create traffic
hazards or congestion.
- That the design and location of the proposed development
is in keeping with the character of the surrounding neigh-
borhood and is not detrimental to the harmonious, orderly,
and attractive development contemplated by this Ordinance
and General Plan of the City.
- That the design and location of the proposed development
would provide a desirable environment for its occupants,
as well as for its neighbors and that it is aesthetically
of good composition, materials, textures and colors,
- The proposed use must conform to all the requirements of
the zone in which it is located and all other applicable
requirements.
- The overall development of the land shall be designed to
insure the protection of the public health, safety, and
general welfare.
25.38-4.o6 Effective Date of ARB Decisions
The Board shall decide matters before them within thirty (30) days
after the date of filing of the required application with the
Planning Division of the Department of Environmental Services
except when the applicant consents to an extension of time. If
the Board fails to render its decision within the period of time
specified, then the application shall be deemed approved on the
thirty-first (31) day or on the day following the extension
period.
25.38-4.07 Developments Subject to Site Plan Review
No use certificate for a new use or structure or for the exterior altera-
tion or enlargement of an existing structure, 'n le
,family—dwe-H+ngsY shall be issued until the development has been reviewed
and approved by the ARB as prescribed by this section.
25.38 (12)
I
25.38-4.08 Delegation of Authority
The ARB may, at its discretion, authorize the Director of Environmental
Services to approve or cause to be modified sigap �ications or pro-
posed additions or remodelings not exceeding $ , in value.
25.38-4.09 Establishment of Architectural and Development Guidelines
The Board shall develop specific criteria for design to be considered
in reviewing applications for development in the City. Said guidelines
shall be submitted to the Commission for review and recommendations to
the Council . The Council shall review and take final action by resolution
on all such recommendations . Such guidelines shall not be applied until
approved by the Council . The guidelines may be amended from time to time
as initiated by the Council or the ARB.
25.38-4. 10 Appeals
An applicant or any property owner located within three hundred (300)
feet of the subject property may appeal from the decision of the ARB
to the Planning Commission as provided in Section 25.38-10.
25.38-4. 11 Coordination with Required Site Plan Review
The Director of Environmental Services shall assure that all actions
taken by the ARB are coordinated with the Planning Division' s site
plan review process.
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f ''�,,� `�25.38 (13) p t !Xv �ey�rnu»�✓
25.38-5 --- Variances and Adjustments
25.38-5.01 Purposes and Authorization
(1) Variances and adjustments from the terms of this Ordinance
shall be granted only when, because of special circumstances
applicable to the property, including size, shape, topography,
location or surroundings, the strict application of this Ordinance
deprives such property of privileges enjoyed by other property in
the vicinity and under identical zoning classification. Any
variance or adjustment granted shall be subject to such conditions
as will assure that the adjustment thereby authorized shall not
constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and district in
which such property is situated.
(2) The power to grant Variances and Adjustments does not extend
to use regulations. Flexibility to the zoning regulations is pro-
vided in the Conditional Use provisions of this Ordinance.
25.38-5.02 Application: Submittal Requirements
Application for a Variance of Adjustment shall be filed with the
Director of Environmental Services on a form prescribed by the
Director of Environmental Services and shall include the following
data and maps:
(1) Name and address of the applicant.
(2) Statement that the applicant is the caner or the authorized
agent of the owner of the property on which the variance is
being requested.
(3) Address and legal description of the property.
(4) Statement of the precise nature of the Variance or Adjust-
ment requested and the practical difficulty or unnecessary
physical hardship inconsistent with the objectives of the
zoning regulations that would result from a strict or
literal interpretation and enforcement of the specified
regulation, together with any other data pertinent to the
findings prerequisite to the granting of a Variance or
Adjustment, prescribed in Article 25.38-5.
(5) An accurate scale drawing of the site and any adjacent
property affected, showing, when pertinent, the contours
at intervals of not more than six (6) inches , and all
existing and proposed locations of streets, property lines,.
uses, structures , driveways, pedestrian walks, off-street
parking facilities, and landscaped areas.
25.38 (14)
(6) A list of all owners of property located within three hundred
feet (300' ) of the exterior boundaries of the subject prop-
erty; the list shall be keyed to a map showing the location
of these properties.
(7) The Director of Environmental Services may require additional
information or plans, if they are necessary, to enable a
determination as to whether the circumstances prescribed for
the granting of a Variance of Adjustment exist. The Director
of Environmental Services may authorize omission of any or
all of the plans and drawings required by this section if
they are not necessary,
25.38-5.03 Investigation and Report
The Director of Environmental Services shall make an investigation
of each application that is subject of a Public Hearing and shall
prepare a report thereon which shall be submitted to the Planning
Commission or Zoning Administrator, whichever is appropriate, and
made available to the applicant prior to the public hearing.
25.38-5.o4 Hearing Responsibility
(1) Applications for Variances and Adjustments solely to the
following regulations shall be heard and a determination
shall be made by the Zoning Administrator;
(a) Building site area
(b) Building site width
(c) Building height
(d) Building site coverage
(e) Building setbacks
(f) Site development standards
(g) Garage location and access
(h) Location of detached accessory uses and structures
(i) Off-street parking regulations
(2) All other Variance applications shall be heard and a deter-
mination shall be made by the Planning Commission, The
Zoning Administrator shall prescribe the form, contents,
and manner of preparing and submitting all applications.
25.38 (15)
i
(3) An Adjustment is any Variance to the terms or requirements
of this Ordinance which, if granted, would allow the follow-
ing-
(a) A decrease of not more than ten percent (10%) of the
`- required building site a$a or width.
(b) A decrease of not more than twenty percent (20%) of
the required width of a side yard or the yard between
buildings.
c A decrease of not more than forty percent 40% of
( )
the required rear yard.
(d) A decrease of not more than forty percent (40%) of
the distance required between the front property line and
the building line.
1 (e) An increase in the permitted height of a fence or
1 wall used as a fence, the total height not to exceed six
feet.
(f) An increase of not more than ten percent (10%) of
i the permitted projection of steps, stairways, landings,
1 eaves, overhangs, masonry chimneys, and fireplaces, into
any required front, rear, side or yard between buildings.
25.38-5.05 Public Hearing
The Planning Commission or Zoning Administrator shall hold a public
hearing on an application for a Variance. The hearing shall be set
and notice given as prescribed. in Article 25.38-9• At a public hearing ,
the Commission or Zoning Administrator shall review the application,
statements, and drawings submitted therewith and shall receive
pertinent evidence concerning the Variance, particularly with re-
spect to the findings prescribed in Article 25.38-5• No public hearing
is required for the consideration of an Adjustment application. Public
Hearing Time and Notice requirements shall be met as provided in Article
25.38-9.
25-38-5.06 Action of the Planning Commission or Zoning Administrator
The Commission or Zoning Administrator may grant a Variance or Adjust-
ment as the Variance or Adjustment was applied for or in modified
form, or the application may be denied. A Variance or Adjustment may
be granted for a limited time period, or may be granted subject to
conditions as the Commission or Zoning Administrator may prescribe.
25. 38 (16)
25.38-5.07 Findings
The Planning Commission or Zoning Administrator may grant a Variance
or Adjustment to a regulation prescribed by this Ordinance with
respect to fences, walls, hedges, screening, or landscaping; site
area, width, or depth; front, rear, or side yards; coverage,
height of structures; distances between structures, usable open
space, frontage on a public street, or development standards as the
Variance or Adjustment was applied for or in modified form, if, on
the basis of the application and the evidence submitted, the
Commission or Zoning Administrator makes findings of fact that
establish that the circumstances prescribed in paragraphs 1 , 2 or 3
and in paragraph 4 below do apply;
(1) That strict or literal interpretation and enforcement of the
specified regulation would result in practical difficulty or
unnecessary physical hardship inconsistent with the object-
ives of this Ordinance,
(2) That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved or to the
intended use of the property that do not apply generally to
other properties in the same zone,
(3) That strict or literal interpretation and enforcement of the
specified regulation would deprive the applicant of privileges
enjoyed by the owners of other properties in the same zone.
(4) That the granting of the Variance or Adjustment will not be
detrimental to the public health, safety, or welfare, or mat-
erially injurious to properties or improvements in the vicinity.
25.38-5.08 Appeals
A decision of the Planning Commission on a Variance or Adjustment
may be appealed to the City Council . A decision of the Zoning
Administrator may be appealed to the Planning Commission.
25.38-5.09 Determination by City Council or Planning Commission
The City Council or Planning Commission shall hold a public hearing
on a Variance or Adjustment as prescribed in Article 25.38-10 if an
appeal has been filed within the prescribed fifteen (15) day appeal
period. The decision of the City Council shall be final .
25.38 (17)
25.38-5. 10 Effective Date of Variance or Adjustment
A decision of the Planning Commission or Zoning Administrator on a
Variance or Adjustment shall be effective fifteen (15) days after
the date of the decision unless an appeal has been filed. A
Variance or Adjustment shall become effective immediately after it
is granted by the City Council .
25.38-5. 11 Lapse of Variance or Adjustment
A Variance or Adjustment shall lapse and shall become void one year
following the date on which the Variance or Adjustment became effect-
ive unless prior to the expiration of one year, a building permit
is issued and construction is commenced and diligently pursued
toward completion on the site which was the subject of the Variance
or Adjustment application, or a permit is issued authorizing occup-
ancy of the site or structure which was the subject of the Variance
or Adjustment application, or the site is occupied if no building
permit or certificate of occupancy is required.
25.38-5. 12 Revocation
A Variance or Adjustment granted by the Planning Commission or
Zoning Administrator subject to conditions shall be revoked by the
Commission or Zoning Administrator, respectively, if the applicant
has not complied with the conditions. The decision of the Com-
mission or Zoning Administrator revoking a Variance or Adjustment
shall become effective fifteen (15) days following the date on
which it was revoked unless an appeal has been filed. A Variance
or Adjustment granted by the City Council shall be revoked only by
the City Council .
25.38-5. 13 New Application
Following the denial or revocation of a Variance or Adjustment
application, no application for the same or substantially the same
Variance or Adjustment on the same or substantially the same site
shall be filed within one year of the date of denial or revocation
of the Variance or Adjustment.
25.38-5. 14 Variance or Adjustment Related to Plans Submitted
Unless otherwise specified at the time a Variance or Adjustment is
granted, it shall apply only to the plans and drawings submitted
as part of the application.
25.38 08)
25.38-6 Annexed Territory
25.38-6.01 District Designation
Territory annexed to the City subsequent to the effective date of
this Ordinance shall , upon the date that said annexation becomes
effective, become a part of the Residential Low Density District.
Such districting shall be temporary and the Planning Commission
shall recommend to the City Council within a period of not to exceed
one (1) year a final zoning plan for the annexed territory.
25.38-6.02 Uninhabited Territory
In the case of uninhabited territory being annexed to the City,
the Planning Commission may recommend and the Council may adopt
Zoning regulations for said territory, in which case said regula-
tions shall become effective when the annexation becomes effective.
25.38-7 Amendments to Zoning Ordinance Text
25.38-7.01 Intent and Purpose
The Text of this Ordinance may be amended by changing the district
regulations or any other provision of this Ordinance in accord with
the procedure described in this Section.
25.38.7.02 Initiation
The Planning Commission may initiate proceeding by motion and then
hold public hearings and make a recommendation as provided below.
The City Council may initiate proceedings by motion and then submit
the matter to the Planning Commission for public hearings.
25.38-7.03 Public Hearing
The Planning Commission shall hold at least one public hearing on
each proposal for text amendment. The hearing shall be set and
notice given as prescribed in Article 25.38-9•
25.38-7.04 �Investi 9ation and Report
b\'�-. S
The Pianra.i,Dg Director shall make a review of the proposal and shall
prepare a report thereon which shall be submitted to the Planning
Commission prior to the Public Hearing.
25.38-7.05 Action by the Planning Commission
Within twenty one (21 ) days following the closing of the Public
Hearing, the Planning Commission shall make a specific finding as
to whether the text amendment is consistent with the objectives of
25.38 (19)
this Ordinance and small recommend that the proposal be adopted,
adopted in modified form, or rejected. Qof
25.38-7.06 Action by the City Council `
The City Council shall hold at least one public hearing on the
proposal within forty (40) days after receipt of the report of the
Planning Commission. The hearing shall be set and notice given as
prescribed in Article 25.38-9 Public Hearings Time and Notification
Requirements) , Within twenty one (21) days following the closing
of the public hearing, the Council shall make a specific finding
as to whether the change is consistent with the objectives of this
Ordinance. If the Council finds that the change is consistent, it
shall introduce an prdinance amending the Zoning Ordinance text, \
If the Council shall find that the proposal is not consistent, it
shall deny the application or reject the proposal . The Council
shall not modify a decision of the Planning Commission recommending
adoption of the text amendment until it has requ ted��a�i�d c s.i red
a report of the Commission o the modificationA� ai1'�7r'"e o he �o�
Commission to report within '140) days after receipt of the
Council request shall be deemed concurrence.
25.38-7.07 New Proposal Following Denial
Following the denial for an amendment to the Zoning Ordinance text,
a request for the same or substantially the same change shall not
be filed within one year of the date of denial .
25.38 (20)
tiaa�
25.38-8 Amendments to Zoning Map pN
25.38-8.01 Procedures
The Zoning Map may be amended by changing the boundaries of any
district in accord with the procedures described in this section.
25.38-8.02 Initiation
A change in the boundaries of any district may be initiated by the
owner or the authorized agent of the owner of the property by filing
an application for a change in district boundaries. If the property
for which a change of district is proposed is in more than one
ownership, all the owners or their authorized agents shall join in
the filing of the application.
A change in the boundaries of any district may additionally be
initiated by resolution of the Commission or the Council ,
25.38-8.03 Application - Submittal Requirements
A property owner desiring to propose a change in the boundaries of
the district in which his property is located, or his authorized
agent, may file with the Director Af— b , an application for a
change in district boundaries on a form prescribed by the
Director and shall include the following information:
(1 ) Name and address of the applicant,
(2) Statement that the applicant is the plaintiff in any action
in eminent domain to acquire the property or the owner or
the authorized agent of the owner of the property for which
the change in district boundaries is proposed.
(3) Address and legal description of the property.
(4) An accurate scale drawing of the site and the surrounding
area showing existing streets and property l,i*, s or a
distance determined by the plcrnrirtrg-directorv�to be necessary
to illustrate the relationship to and impaction the surround-
ing area.
(5) A list of all owners of properties located within three
hundred feet (300' ) of the exterior boundaries of the
subject property; the list shall be keyed to a map showing
the location of these properties.
25.38 (21 )
25.38-8.04 Investigation and Report
The Director of Environmental Services shall make an investigation of
the application and shall prepare a report which shall be submitted
to the Commission and to the applicant prior to the Public Hearing.
25.38-8.05 Public Hearing
The Commission shall hold at least one public hearing on each
application for a change in district boundaries. The hearings
shall be set and notice given as prescribed in Article 25.38-9•
25.38-8.06 Action by the Planning Commission
Within 21 days following the closing of the public hearing, the
Commission shall make a specific finding as to whether the change
is consistent with the objectives of this Ordinance and shall
recommend that the applicati be g`rantted, granted in modified
form, or denied. �� J 9.� �-• _,hllw.p-tom ( yLJ�C„� µwri�+n"�
25.38-8.07 Appeal to the City Council
A decision of the Commission invclvingwan application for a change
in district bound r'es?,,m,�a. be appealed to the Council within
fifteen (15) days ` "`t` applicant or any other person as prescribed
in Article 25.38-1b of this Ordinance.
25.38-8.08 Action by the City Council
The City Council shall hold at least one public hearing on an
application within forty (40) days after receipt of the resolution
or report by the Commission, provided that no hearing shall be held
on an application which has been denied by the Commission unless an
appeal is filed. The hearing shall be set and notice given as pre-
scribed in Article 25.38.9• Within twenty one (21 ) days following the
close of a public hearing, the Council shall make a specific find-
ing as to whether the change is consistent with the objectives of
this Ordinance. If the Council finds that the change is consistent,
it shall introduce an Ordinance amending the Zoning Map. If the
Council finds that the change is not consistent, it shall deny the
application. The Council shall not modify a decision of the Plan-
ning Commission recommending granting of an application until it
has requested and considered a report of the Commission on t e
modification. Failure of the Commission to report within
(0) days after receipt of the Council request shall be deemed
concurrence.
25. 38 (22)
25.38-8.o9 New Application Following Denial
Following the denial of an application for a change in district
boundaries an application or request for the same or substantially
the same change shall not be filed within one year of the date of
denial .
25.38-8. io Change of the Zoning Neap
A change in district boundaries shall be indicated by listing on
the Zoning Map by the number of the Ordinance amending the .map.
25.38-9 Public Hearing Time and Notice
The Director of Environmental Services shall set the time and place
of hearings required by this Ordinance to be held by the Planning
Commission or the Zoning Administrator. The Planning Commission may,
however, change the time or place of a hearing, if necessary. The
Planning Commission or Zoning Administrator, however, shall hold
a public hearing within forty (40) days after the application for
a Conditional Use Permit or Variance has been filed.
The City Clerk shall set the time and place of public hearings
required by this Ordinance to be held by the City Council , provided
that the Council may change the time or place of a hearing. The
City Council shall hold a public hearing on an appeal from a decision
of the Commission not less than forty (40) days after notice of
such decision or appeal has been filed with the City Clerk unless
the applicant or appellant shall consent to an extension of time.
Notice of a Public Hearing shall be given not less than ten days
nor more than thirty days prior to the date of the hearing by (1 )
publication in a newspaper of general circulation in the City of
Palm Desert, and (2) mailing notices to all persons whose names
appear on the latest adopted tax roll of Riverside County as owning
property within three hundred feet of the exterior boundaries of
the property that is the subject of the hearing and by displaying
notices upon the premises to which the application pertains.
Hearings commenced within the time prescribed above may be continued
from time to time even though the continued hearing may extend
beyond the time limits described above.
25.38-10 Appeals
25.38-10.01 Appeal of Deci'sion of Planning Commission . r Zoning
Administrator„5'\
r
Where this Ordinance provides for appeal to the City Council or Plan-
ning Commission, the appeal shall be made wi hi fifteen (15) days
of the date of the decision by filing a Meal with the
25.38 (23)
Director of Environmental Services. The appeal shall state in
writing the reasons for the appeal . Within fifteen (15) days of
receipt of the appeal , the Director of, Environmental Services shall
transmit to the City Clerk the o a al , and copies of
the application and all other papers and documents constituting
the record upon which the Planning Commission, Zoning Administrator
or Director of Environmental Services made its decision.
25.38-10.02 Fee
An appeal shall be accompanied by a fee established by Resolution
of the City Council to cover the cost of processing the appeal .
An appeal by an individual member of the City Council shall not be
subject to the payment of a fee.
25.38-10.03 Action on Appeal
The City Council or Planning Commission shall hold at least one public
hearing on a decision which has been appealed other than an Adjust-
ment decision for which the City Council may consider without holding
a public hearing shall be held within forty (40) days of the appeal
and the time and place of the hearing shall be set by notice given
as prescribed in Section 25.38-9• The Council or Commission may
affirm, reverse, or modify a decision which has been appealed.
The decision of the City Council shall be final .
n C.i
25.38-10.04 Standing to Appeal w
Any person who owns property within three hundred feet (300' ) of
the exterior boundaries of the subject property, the applicant ,
or a member of the City Council may appeal the determination, ofa
6eaAax-i�>nad �l.�e:P-e,rmd-t-alp l-i cat-ir�n.�41 *�� ma be
_madeson°l-y-by=the-aqH;i.1.o—t-or-a=m€mGeT-6f-' h-e, C-i-y-Crounc i 1 .
25.38 (24)
I
ARTICLE 25.39 NON-CONFORMING USES AND STRUCTURES
25.39-1 Purpose and Intent
This article is intended to limit the number and extent of non-
conforming uses by prohibiting their enlargement, their re-
establishment after abandonment, and the alteration or restoration
after destruction of the structures they occupy. While permitting
the use and maintenance of non-conforming structures, this section
is intended to limit the number and extent of non-conforming
structures by prohibiting their being moved, altered, or enlarged
in a manner that would increase the discrepancy between existing
conditions and the standards prescribed in this section and by
prohibiting their restoration after destruction. Eventually,
certain classes of non-conforming uses and non-conforming structures
of nominal value are to be eliminated or altered to conform.
25. 39-2 Continuation and Maintenance
a. A use, lawfully occupying a structure or a site on the
effective date of this ordinance, or of amendments thereto, that
does not conform with the use regulations or the site area per
dwelling unit regulations for the district in which the use is
located shall be considered a non-conforming use and may be
continued, except as otherwise provided in this section.
b. A structure, lawfully occupying a site on the effective
date of this ordinance, or of amendments thereto, that does not
conform with the standards for front yard, side yards, rear yard,
height, or basic floor area of structures, distances between
structures , courts, or usable open space for the district in which
the structure is located shall be considered a non-conforming
structure and may be used and maintained, except as otherwise pro-
vided in this section.
C. Routine maintenance and repairs may be performed on a
non-conforming structure or site.
25.39-3 Alterations and Additioris to Non-Conforming Uses
and Structures
a. No non-conforming structure shall be moved, altered, or
enlarged unless required by law, or unless the moving, alteration,
or enlargement will result in the elimination of the non-conformity.
b. No structure partially occupied by a non-conforming use
shall be moved, altered, or enlarged in such a way which permits
the enlargement of the space occupied by the non-conforming use,
except as permitted in this section.
25.39 (1)
C. No non-conforming use shall be enlarged or extended to
occupy any part of the structure or site or another structure or
site which it did not occupy on the effective date of this
ordinance or of the amendments thereto that caused it to become a
non-conforming use, or in such a way to displace any conforming
use occupying a structure or site, except as permitted in this
section.
d. No non-conforming structure shall be altered or recon-
structed to increase the discrepancy between existing conditions
and the standards for front yard, side yards , rear yard, height of
structures , distances between structures , courts , or usable open
space prescribed in the regulations for the district in which the
structure is located. No non-conforming structure shall be moved
or enlarged unless the new location or enlargement shall conform
to the standards for front yard, side yards, rear yard, height of
structures, basic floor area, distances between structures , courts,
or usable open space prescribed in the regulations for the district
in which the structure is located. .
e. The non-conforming use of a structure or site shall not be
changed to another non-conforming use.
f. No use which fails to meet the required conditions for the
district in which it is located by reason of noise, emissions , odor,
vibration, heat, cold, glare, electrical disturbance, radiation,
insect nuisance, or waste disposal , shall be enlarged or extended
or shall have equipment that results in failure to meet required
conditions replaced unless the enlargement, extension, or re-
placement will result in elimination of non-conformity with
required conditions .
25.39-4 Abandonment of Non-Conforming Use
Whenever a non-conforming use has been abandoned, discontinued, or
changed to a conforming use for a continuous period of 90 days or
more, the non-conforming use shall not be re-established, and the
use of the structure or site thereafter shall be in conformity
with the regulations for the district in which it is located.
Abandonment or discontinuance shall include cessation of a use
regardless of intent to resume the use.
25.39-5 Restoration of a Damaged Structure
a. Whenever a structure which does not comply with the stan-
dards for front yard, side yards , rear yard, height of structures ,
distances between structures, courts, or usable open space pre-
scribed in the regulations for the district in which the structure
is located, or the use of which does not conform with the
25.39 (2)
j
regulations for the district in which it is located, is destroyed
by fire or other calamity or by act of God, to the extent of 50
per cent or less, the structure may be restored and the non-
conforming use may be resumed, provided that restoration is started
within one year and diligently pursued to completion.
b. Whenever a structure which does not comply with the standards
for front yard, side yards, rear yard, height of structures , dis-
tances between structures, courts, or usable open space -prescribed
in the regulations for the district in which it is located, or the
use of which does not conform with the regulations for the district
in which it is located, is destroyed by fire or other calamity or
by act of God, to an extent greater than 50 per cent, or is volun-
tarily razed or is required by law to be razed, the structure shall
not be restored except in full conformity with the regulations for
the district in which it is located, and the non-conforming use
shall not be resumed.
C. The extent of damage or partial destruction shall be based
upon the ratio of the estimated cost of restoring the structure to
its condition prior to such damage or partial destruction to the
estimated cost of duplicating the entire structure as it pre-
viously existed. Estimates for this purpose shall be made by or
shall be reviewed and approved by the Director of Public Works .
25. 39-6 Elimination of Non-Conforming Uses and Structures
25.39-6.01 Non-Conforming Buildings
Every non-conforming building or structure in any residential
district, which was designed, arranged, or intended for a use
permitted only in the agricultural , commercial , or industrial dis-
tricts shall be completely removed or altered and converted to a
conforming building, structure and when such buildings or structures
have reached, or may hereafter reach the ages hereinafter specified,
computed from the date the building was erected. In the case of
buildings defined in the Palm Desert Building Code as Types I and
11 , forty (40) years; Types III , IIIA, . 1118 and IV, thirty (30)
years; and Type V, twenty (20) years.
25.39-6.02 Non-Conforming Use of Land
The non-conforming use of land shall be discontinued within five• (5)
years from the effective date of this Ordinance, or within five (5)
years from the date the use became non-conforming in each of the
following cases:
25.39 (3)
(1) Where no buildings are employed in connection with such
uses;
(2) Where the only buildings employed are accessory or
incidental to such use;
(3) Where such use is maintained in connection with a con-
forming building.
A non-conforming use of land which is accessory or incidental to
the non-conforming use of a non-conforming building, shall be
discontinued on the same date the non-conforming use of the build-
ing is discontinued.
25.39-6.03 Non-Conforming Use of Buildings
The non-conforming use of a conforming building or structure may
be continued, except that in the residential zones any non-conform-
ing commercial or industrial use or a residential building or
residential accessory building shall be discontinued within five
(5) years of the effective date of this Ordinance, or five (5)
f! years from the date the use becomes non-conforming, whichever date
is later.
25. 39-7 Time When Use or Structure Becomes Non-Conforming
Whenever a use or structure becomes non-conforming because of a
change of zoning district boundaries or a change of regulations for
the district in which it is located, the period of time prescribed
in this Article for the elimination of the use or the removal of
the structure or sign shall be computed from the effective date of
the change of district boundaries or regulations.
25.39-8 Notice of Removal Date for Non-Conforming Use or
Structure
The Zoning Administrator shall determine the existence of non-
conforming buildings on uses as prescribed in Article 25. 39-6,
(Elimination of Non-Conforming Uses and Structures) , and shall
promptly notify the owner of each non-conforming use or structure
by certified or registered mail of the date by which compliance
with the provisions of such Article will be required. Notification
shall precede the date by which elimination is required by not less
than the time periods prescribed in Article 25.39-6.
I
25.39 (4)
I
ARTICLE 25.40 ENVIRONMENTAL IMPACT REPORT REQUIREMENTS
25.40-1 Intent and Purpose
It is the intent of this Article to establish procedures which will
serve as criteria for the preparation and evaluation of Environ-
mental Impact Reports in compliance with the spirit of the California
Environmental Quality Act. Such EIRs will provide relevant
environmental information concerning proposed developments and/or
other activities which may have a significant effect on the environ-
ment.
25.40-2 Exempt Activities
It has been determined that the following activities will not have
any significant effect upon the environment and are therefore exempt
from compliance with requirements for an Environmental Impact Report:
25.40-2.01 Ministerial Projects
- Issuance of building permits;
- Issuance of business licenses;
- Approval of final. subdivision maps; and
- Approval of individual utility service connections and
disconnections.
25.40-2.02 Categorical Exemptions :
Class 1 . Repair, maintenance or minor alteration of existing
structures, facilities or machinery, such as :
(a) Interior alterations, involving, for example plumbing and
electrical conveyances that do not lead to increased use
or capacity;
(b) to public utility construction and facilities ;
(c) to existing private and public streets , sidewalks , gutters,
and similar public service facilities ;
(d) reconstruction or restoration of a damaged structure, unless
it is determined that the damage resulted from an environ-
mental (particularly geologic) hazard, such as an earthquake
or landslide;
25.40 (1)
(e) additions to existing buildings provided there is no
requirement for a zoning amendment or variance, or it will
not result in an increase or more than twenty-five (25)
percent of the building size;
(f) addition of safety or health protection devices for use
during construction or in conjunction with existing
structures;
which will not alter the physical character of the area, or involve
fresh impacts on the environment.
Class 2. Construction of individual (where not in conjunction with
a residential development of two or more such structures) detached,
single and double family residential structures and attendant
facilities, such as :
(a) involving building permits. for single-family and duplex
structures by individual builders;
(b) water main, sewage, electrical , gas and other utility
extensions to serve such construction, as long as the
extension is of no greater length that the dimension of
the property itself;
(c) construction of reasonable accessories attached to such
structures including garages, carports , patios, swimming
pools , fences;
in already urbanized areas , where there is existing zoning for such
uses, and where there would be no impact on resources of critical
environmental concern.
Class 3. Certain alterations in the condition of land, such as :
(a) involving grading permits for less than three hundred (300)
cubic yards of earthwork,' unless' the grading is located in
a scenic area, a drainage channel , a streambed, or a
geologically hazardous area;
(b) involving permits for gardening and landscaping on small
tracts of land (e.g. , right-of-way strips) ;
(c) filling of earth into previously excavated land;
(d) clearance of land by demolition and removal of buildings
and related structures, except where they are of historical
or archaeological significance;
I 25.40 .(2)
l
in already urbanized areas, where there would be no impact on
resources of critical environmental concern .
Class 4. Certain alterations in land use regulation or limitations,
such as:
(a) lot line adjustments ;
(b) zoning reclassifications from existing residential ,
commercial or industrial zones to new zones to provide more
beneficial environmental impact from the land use;
(c) issuance of encroachment permits ;
in already urbanized areas, where there is no impact on a resource
of critical environmental concern.
25.40-3 Initial Studies
The initiating agency for "public projects" and the applicant
developer in cases of "private activities" shall initiate a study to
determine whether or not the proposed project will have a signifi-
cant environmental impact. Examples of significant impact include
the following consequences and potential consequences :
I
- Disrupts, alters or destroys an historic or archaeological
site, or its immediate surroundings ;
- Has a substantial impact on natural , ecological , recreational
or scenic resources ;
- Displaces substantial. numbers of people;
- Is inconsistent with environmental plans and goals that
have been adopted by the community where the project is to
be located;
- Causes increased congestion (traffic, recreational , other) ;
- Has a substantial aesthetic or visual effect ;
- Breaches any national , state or local standards relating to
the environment ; has a detrimental impact on air and water
quality or on ambient noise levels for adjoining areas ;
involves the possibility of contaminating a public water
supply system or affecting ground water, flooding, erosion
or sedimentation; is subject to major geologic hazards ;
25.40 .(3)
- Involves extensive use of pesticides or rodenticides;
- Affects a rare or endangered species of animal or plant ,
or habitat of such a species;
- Causes substantial interference with the movement of any
resident or migratory fish or wildlife species ;
- Induces substantial growth or concentration of population ;
and
- Causes a seriously adverse public reaction based on
environmental issues.
- If any of the following conditions are found to exist as a
result of a project , the project will be found to have a
significant effect on the environment:
Impacts which have the potential to degrade the
quality of the environment , curtail the range of
uses of the environment, or reduce the diversity
in the environment.
Impacts which achieve short-term, to the dis-
advantage of long-term, environmental goals. A
short-term impact on the environment is one which
occurs in a relatively brief, definitive period of
time (construction of a new waste water treatment
plant may cause temporary siltation in a stream)
while long-term impacts are effects which will
endure well into the future (the new treatment
plant may facilitate population growth in that
area) ; and
Impacts with substantial primary or secondary con-
sequences. Primary consequences are immediately
related to the project (the construction of a new
treatment plant may facilitate population growth in
a particualr area) , while secondary consequences
are related more to primary consequences than to
the project itself (an impact upon the resource base ,
including land use, water and energy use of the area
in question may result from the population growth) .
Impacts for a project which are individually limited,
but cumulatively considerable. A project may impact
on two or more separate resources where the impact
on each resource is relatively small . If the effect
25.40 ..(4)
i
I
of the total of those impacts on the environment
is significant, an EIR must be prepared. This
provision does not apply to two or more separate
projects where the impact of each is insignificant .
- The environmental effects of a project will cause substantial
adverse effects on human beings , either directly or indirectly.
25.40-4 Negative Declarations
A Negative Declaration exemption may be claimed by a sponsor for a
project that is not categorically exempt, as prescribed within
Article 25.40-2 , when it has been determined from the Initial Study,
as prescribed within Article 25.40-3 , that no significant effect on
the environment is anticipated. The Negative Declaration must in-
clude a description of the project as proposed, a description of the
environment existing before commencement of the project, and detailed
information supporting the contention that the project will not have
a significant effect on the environment. Before a Negative Declara-
tion is prepared, consultation shall be made with all responsible
I` agencies in order to insure that all those who will issue approvals
on the project will have their concerns reflected in the Negative
Declaration.
1 25.4o-4.ol Procedures
A Negative Declaration request for any project which does not meet
the requirements of Article 25.40-2 shall be filed with the Director
of Environmental Services. The Director shall review the request
and forward it with his recommendation to the Planning Commission
after he or his staff has reviewed the request and he has also
obtained comments from other public agencies having jurisdiction
by law. The Commission shall make a recommendation for approval or
denial to the City Council which shall make a final determination of
approval or denial . The Negative Declaration, with a notification
of action taken (approval or denial) , must be filed with the County
Clerk of the County of Riverside at least thirty (30) days before
the project is approved. If the project required discretionary
approvals from a state agency, the Notice shall also be filed with
the Secretary of Resources.
25.40-5 Environmental Impact Report Provisions
If it is determined, after an initial study, that the project will
have a significant effect on the environment , the initiating agency
for "public projects" and the applicant developer in cases of
"private activities" shall prepare or cause to be prepared by con-
tract a Draft Environmental Impact Report. Before an EIR is
25.40A 5)
prepared, consultation shall be made with all responsible agencies
to insure that their concerns will be reflected in the EIR.
25.4o-6 Contents of the Environmental Impact Report
The EIR shall contain the following items :
25.40-6.o1 Description of the Project
(1) The precise location and boundaries of the proposed pro-
ject must be shown on a detailed map included in the EIR.
Reference must be made by name to which USGS Topographical
Map would cover the same location if a USGS map is not
used. The location of the project must also appear on a
regional map, with significant environmental areas and
landmarks indicated in relation to the project area(s) .
(2) A statement of the objectives sought by the proposed
project must be included. This can be as detailed as
desired by the sponsor.
(3) A general description of the project 's physical (technical
and environmental ) characteristics , considering the
principal engineering proposals, must be included. The
description should not supply extensive detail beyond
that needed for evaluation and review of environmental
impact.
(4) Any applicable Army Corps of Engineer or other governmental
agency public notice or permit number should be referenced
with dates.
25.4o-6.02 Environmental Setting
An EIR must include a description of the environment as it exists
before commencement of the project, from both a local and a regional
perspective. Knowledge of the regional setting is critical to the
assessment of environmental impacts. Special emphasis should be
placed on environmental resources that are rare or unique to that
region. Specific reference to related projects, both public and
private, in the region should also be included, for purposes of
examining the possible cumulative impact of such projects.
25.4o-6.03 Environmental Impact
i
All phases of a project must be considered when evaluating its
impact on the environment: acquisition, development and operation.
25.4o .(6)
E
1
(1) The Environmental Impact of the Proposed Action:
Describe the direct and indirect impacts of the project
on the environment, giving due consideration to both the
short-term and long-term effects.
It shall include specifics of the area, the resources
involved, physical changes , alterations to ecological
systems and changes induced in population distribution,
population concentration , the human use of the land
(including commercial and residential development) and
other aspects of the resource base such as water, scenic
quality and public services.
Both quantitative and qualitative information should be
included (e.g. , acres of habitat, numbers of ducks resting
and the scenic value of a waterfowl habitat) , but
quantitative data should not be overemphasized at the
expense of qualitative judgments. Qualitative judgments
should be based on factual information.
(2) Any Adverse Environmental Effects Which Cannot be Avoided
if the Proposal is Implemented:
Describe any adverse impacts, including those which can be
reduced to an "acceptable" level but not eliminated. Where
there are impacts that cannot be alleviated without impos-
ing an alternative design, •their implications and the
reasons why the project is being proposed, notwithstanding
their effect, shall be described in detail . Do not neglect
impacts on any aesthetically valuable surroundings, or on
human health.
(3) Mitigation Measures Proposed to Minimize the Impact:
- Describe avoidable adverse impacts , including
inefficient and unnecessary consumption of energy,
and the measures proposed to minimize these impacts.
This discussion shall include an identification of
the acceptable levels to which such impacts will be
reduced, and the basis upon which such levels were
identified. Where alternative measures are available
to mitigate an impact, each should be discussed and
the basis for selecting one alternative should be
identified.
- Energy conservation measures , including both the
available alternatives and those incorporated into
I{ the design and operation of the proposed project ,
25.40 M
shall be discussed as mitigation measures. There
are many ways in which a project may be designed or
operated to cause less energy to be consumed, both
directly and indirectly. Examples include but are
not limited to:
- Insulation and other protection from heat loss
or heat gain to conserve fuel used to heat or
cool buildings and mobile homes.
- Use of resource conserving forms of energy such
as solar energy for water and space heating ,
wind for operating pumps , and falling water for
generating electricity.
- Energy efficient building design including such
features as orientation of structures to summer
and winter sunlight to absorb winter solar heat
and reflect or avoid summer solar heat.
- Measures to reduce energy consumption in
transportation such as : . ' . . . .
Providing access to alternative means of
transportation for people such as bus lines ,
mass transit, bicycle lanes , and pedestrian
facilities.
- Use of small cars rather than large cars
where possible.
- Use of alternative means of shipping which
allow for energy savings.
- Efficient lighting practices including use of
indirect natural light , use of efficient light-
ing fixtures , establishment of reasonable
lighting criteria to prevent over illumination,
and minimum use of architectural or display
lighting.
Energy conserving construction practices.
Use of energy conservation devices such as
flywheels.
- Rate structures which discourage unnecessary
energy consumption.
I 25.4o .(8)
- Use of human or animal power where such use
is feasible.
- Waste heat recovery.
- Recycling and use of recycled materials.
(4) Alternatives to the Proposed Action :
Describe any known alternatives to the project , or to the
location of the project, which could feasibly attain the
basic objectives of the project , and why they were
rejected in favor of the ultimate choice. The specific
alternative of ''no project'' must also always be evaluated,
along with the impact. Describe alternatives capable of
substantially reducing or eliminating any environmentally
adverse impacts , even if these alternatives substantially
impede the attainment of the project objectives , and are
more costly.
(5) The Relationship Between Local Short-Term Uses of Man's
Environment and the Maintenance and Enhancement of
Long-Term Productivity:
Describe the cumulative and long-term effects of the
I proposed project which adversely affect the state of the
environment . Describe impacts which narrow the range of
beneficial uses of the environment or pose long-term risks
to health or safety. In addition , the reasons why the
proposed project is believed by the sponsor to be justified
now, rather than reserving an option for further alterna-
tives, should be explained.
(6) Any Irreversible Environmental Changes Which Would be
Involved in the Proposed Action Should it be Implemented :
Uses of renewable and nonrenewable resources during the
+ initial and continued phases of the project are basically
`f irreversible since a large commitment of resources makes
removal or nonuse thereafter unlikely. Primary impacts
and, particularly, secondary impacts (such as a highway
improvement which provides access to a nonaccessible
area) generally commit future generations to similar uses.
Also irreversible damage can result from environmental-
accidents associated with the project. Any irretrievable
commitments of resources shall be evaluated to assure
that such current consumption is justified.
25.40 (9)
(7) The Growth-Inducing Impact of the Proposed Action :
Discuss the ways in which the proposed project could
foster population growth, either directly or indirectly,
in the surrounding environment. Included in this are
projects which would remove obstacles to population growth
(a major expansion of a waste water treatment plant might ,
for example, allow for more construction in residential
areas) . Increases in the population may further tax
existing resources, so consideration must be given to this
impact. With or without anticipated population growth as
a result of the project, it should be. recognized that some
projects may encourage and facilitate other projects that
could significantly affect the environment, either indi-
vidually or cumulatively. This aspect must be discussed
as well . It must not be assumed that growth in any area
is necessarily beneficial , detrimental , or of little
significance to the environment.
25.40-6.04 Identification of Agencies Consulted
The identity of all federal , state or local agencies , other organiza-
tions . and private individuals consulted in preparing the EIR, and
the identity of the persons, firm or agency preparing the EIR, by
( contract or other authorization must be given.
25.40-6.05 Water Quality Aspects
Water quality aspects of the proposed project (which have been
previously certified by the appropriate state or interstate organiza-
tion as being in substantial compliance with applicable water
quality standards) shall be described in the environmental setting
section , and other sections where applicable.
25.40-7 Consultation and Review Procedures
The Director of Environmental Services , or his designate, shall be
responsible for assuring that the Draft Environmental Impact Report
is circulated to public agencies having jurisdiction by law with
respect to the project and that persons having special expertise
with respect to any environmental impact involved are consulted.
In addition, copies of the Draft EIR shall be made available
through the public library to the general public. A forty-five, (45)
day review period for the Draft EIR is established.
25.40 00)
25.40-8 Notice of Completion
A Notice of Completion of the Draft EIR shall be filed with the
State Secretary of Resources by the Planning Division of the
Department of Environmental Services as soon as the draft EIR is
completed and prepared for review.
25.40-9 Evaluation and Response
The Director of Environmental Services , or his designate, shall be
responsible for evaluation and response to comments received
on environmental documents. The evaluation and response shall be
made part of the Final EIR as prescribed in Article 25.40-11 .
25.4o-10 Commission Public Hearing
The Planning Commission shall conduct a public hearing on the Draft
Environmental Impact Report following the forty-five (45) day review
period. Notice of the public hearing shall be as prescribed in
Article 25,38-9.
25.40- 11 Final Environmental Impact Report
The Director of Environmental Services , or his designate, shall be
responsible for the preparation of the Final EIR. The Final EIR
shall contain the following:
(1) The Draft EIR
(2) Comments and recommendations received on the Draft EIR
(3) A list of persons , organizations and public agencies
commenting on the Draft E'IR.
(4) The responses of the Planning Division , Department of
Environmental Services, to significant environmental
points raised in the review and consultation process.
25.40-12 Council Public Hearing
The City Council shall hold a public hearing on the Final EIR at
the time it holds its public hearing to either approve or disapprove
the project. Notice of the public hearing shall be as prescribed
in Article 25. 38-9.
25.40-13 Notice of Determination
Once the project which is the subject of the EIR has been approved or
disapproved a Notice of Determination shall be filed with the County
Clerk of the County of Riverside.
25.4o .00
ARTICLE 25.41 CERTIFICATES OF USE AND OCCUPANCY
25.41-1 Purpose and Intent
hIn order to assure that each new or expanded use of a structure or
site or alteration of an existing structure complies with all
applicable provisions of this Ordinance, a use certificate is
required before any building permit may be issued or any structure
or site is used. A Certificate of occupancy as required in the
Building Code shall be issued only for a structure that conforms
with the Use certificate.
25.41-2 Application and Issuance of Use Certificate
Applications for a use certificate shall be made on a form
prescribed by the Planning Commission and shall be accompanied
by plans and additional information as necessary, in the opinion
of the Zoning Administrator, to demonstrate conformity with this
Ordinance. The Zoning Administrator shall check the application
and all data submitted with it and shall issue a use certificate
if he finds that all applicable provisions of this Ordinance will
be complied with.
25.41-3 Issuance of Building Permit
I
The Building Official shall not issue a building permit until the
Zoning Administrator has approved a use certificate for the
structure which is the subject of the building permit.
25.41-4 Issuance of Certificate of Occupancy
25.41 -4.01 Conformance to Requirements
The Building Official shall not issue a certificate of
occupancy for a structure or alteration until he has found that
the structure or alteration conforms with the use certificate,
until all required screening and landscaping and off-street parking
and loading facilities are complete, and he has found that all
conditions attached to a use permit, a variance, and design review
have been met, provided that the Building Official may .issue a
certificate of occupancy prior to the fulfillment of all require-
ments of this Ordinance if a faithful performance bond in an
amount determined by the Building Official to be sufficient to-
complete the work necessary to meet the requirements is filed with
the City. Cash in the amount of the faithful performance bond may
be deposited with the City in lieu of the bond.
I 25.41 (1 )
I -
25.41-4.02 Temporary Certificate
A temporary certificate of occupancy may be issued by the Building
Official prior to the time that all of the requirements for a
certificate of occupancy have been met, provided that no permit
other than a temporary permit shall be issued for gas or electric
utilities until the Building Official determined that all of the
requirements for a certificate of occupancy have been met. A
temporary permit for gas or electric utilities shall be valid for
ten (10) working days, and may be renewed upon application to the
Building Official for not more than two additional periods of
ten (10) working days. If temporary permits for gas or electric
utilities expire without the requirements for issuance of a
certificate of occupancy having been met , the Building Official
shall request the public utility to discontinue service.
25.41-5 Determination of Compliance with Required Conditions
If the Zoning Administrator is unable to determine from information
submitted by the applicant that a proposed use will comply with the
I required conditions for the district in which it is to be located,
he shall not issue a use certificate, but shall request the
fapplicant to authorize the City to secure expert professional
advice from firms or individuals acceptable to the City as well as
the applicant. Professional fees shall be paid by the applicant.
The Zoning Administrator may require that the applicant agree to
pay professional fees for necessary investigations to determine
compliance with required conditions prior to and after issuance of
a certificate of occupancy.
p
25.41 (2)
i
I
ARTICLE 25.43 ADOPTION AND AMENDMENT OF GENERAL PLAN PROCEDURES
25.43-1 Manner of Adoption
The General Plan or any part or element thereof, and any amendment to
such plan or any part or element thereof, shall be adopted in the
manner prescribed in this Articlea,.. ,),, �� ^ �i
Qc�'v ,^"-ram"
25.43-2 Planning Commission Public Hearing
The Planning Commission shall hold at least one public hearing before
approving a General Plan or any part or element thereof, or any
amendment to such plan or any part or element thereof. Notice of the
time and place of the public hearing shall be published at least
ten (10) calendar days before the hearing in a newspaper of general
circulation published and circulated in the City.
25.43-3 Planning Commission Action
The approval by the Planning Commission of the General Plan or any
part or element thereof, or any amendment to such plan or any part
or element thereof, shall be by resolution of the Commission carried
by the affirmative votes of hot less than a majority of its total
voting members. Upon approval by the Planning Commission of the
General Plan or any part or element thereof, or any amendment to such
plan or any part or element thereof, it shall be transmitted to the
City Council .
25.43-4 City Council Public Hearing
Before adopting the General Plan or any part or element thereof, or
any amendment to such plan or any part or element thereof, the City
Council shall hold at least one public hearing. Notice of the time
and place of the hearing shall be published at least ten (10)
calendar days before the hearing in a newspaper of general circula-
tion published and circulated in the City.
25.43-5 Changes to Plan Approved by Commission
In adopting a General Plan or any part or element thereof, or any
amendment to such plan or any part or element thereof, which has
been approved by the Planning Commission, the City Council shall not
make any change or addition until the proposed change or addition
has been referred to the Commission for a report and the copy of the
report has been filed with the Council . Failure of the Commission
to report within forty (40) days after the reference shall be deemed
to be approval of the proposed change or addition. It shall not be
necessary for the Commission to hold a public hearing on such
proposed change or addition.
25.43 (1 )
ARTICLE 25.44 INTERPRETATION OF DISTRICT BOUNDARIES AND WORD
USAGE
25.44-1 District Boundaries
Where indicated district boundaries are approximately STREET, ALLEY
or LOT LINES, said lines are determined to be the boundaries of the
District. Otherwise, the boundaries shall be determined by the
dimensions shown on the OFFICIAL ZONING MAP. In the absence of a
dimension, the boundary shall be determined by the use of the scale
shown on the map.
In the event that a VACATED STREET, ALLEY, RIGHT-OF-WAY OR EASEMENT
was the boundarybetween two districts the new district boundaries
,
shall be at the new property line and the vacated portion of the
street, alley, right-of-way, or easement shall take the district of
the property abutting same and the new district boundary shall be at
the new property line.
25.44-2 Word Usage
When not inconsistent with the context of this Ordinance, words used
in the present tense include the future; words in the singular
number include the plural ; and those in the plural number include
the singular. The word "shall" is mandatory; the word "may" is
permissive.
25.44 (1)
ARTICLE 25.45 ZONING MAP
25.45-1 Zoning Map Reference
The zoning districts delineated within this Ordinance and the
boundaries of such districts are shown upon the Zoning Map of
the City of Palm Desert and is hereby made a part of this
Ordinance. All notations , references and other information
shown thereon shall be as much a part of this Ordinance as if
such notations , references and information were fully set
forth within the text. All properties included in such Zoning
Map are classified and zoned in accordance with the district
designation shown on such Zoning Map.
25.45-2 District Classifications
25.45-2.01 Base Districts
Base Districts shall be designated on the Zoning Map according
to the following designations :
(1) "A' Agricultural
(2) "VLD" Very Low Density Residential
(3) "Loll Low Density
(4) "MD" Medi,um Density
(5) "HD" High Density
(6) "MHP" Mobile Home Park
(7) "PR" Planned Residential
(8) "GC" General Commercial
(9) "PO" Professional/Office
0 0) "PC" Planned Commercial
(11) "1" Service Industrial
(12) "PI" Planned Industrial/Commercial-Office Complex
(13) "P" Public/Institutional
( 14) "s" Study
(15) 110S" Open Space
25.45-2.02 Combining Overlay Districts
Overlay districts shall be indicated by parenthetically enclosed
letters as a suffice to the base district symbol . The suffix shall
be as follows:
(1) "D" Drainageway, Flood Plain, Watercourse
(2) "SH" Seismic Hazard
(3) "NF" Natural Factors Restricted Development
(4) "H" Hillside Development
(5) "R" Redevelopment
(6) "SP" Scenic Preservation
25.45 (1 )
T -
25.45-2.03 Lot Size Designation
In addition to the designations indicated for he residential
districts in Article 25.45-2.01 , the R�aua ac3—�rarri•slon may
direct that a minimum lot size figure be affixed to the appro-
priate designation. If for example, the Commission delineates
a particular area within the Medium Density Residential District,
as requiring a minimum lot size of six tho and (6,000) square
feet the designation would read MD-6,000^tor that portion of the
district.
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25.45 (2)
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