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Home My WebLink AboutOrd 1324 - ZOA 17-105D7-/3. ao/14, ORDINANCE NO.d ca o AN ORDINANCE OF THE CITY COUN _Q,__ DESERT, CALIFORNIA APPROVING A COMPREHENSIVE ZONING ORDINANCE AMENDMENT TO CHAPTER 25.02, 25.04, 25.10, 25.16, 25.22, AND 25.28 OF THE CITY'S ZONING ORDINANCE TO BE CONSISTENT WITH THE GENERAL PLAN WHEREAS, on November 10, 2016, the City Council of the City of Palm Desert adopted a comprehensive General Plan update setting forth a 20-30 year vision and guiding document for development of the City; and WHEREAS, the adopted General Plan contains new land use designations that allow for greater building height, mixed -use, and emphasis on connectivity between residential and commercial land use; and WHEREAS, in order to be consistent with the vision of the General Plan comprehensive changes are required to the City's Zoning Ordinance; and WHEREAS, of the City of Palm Desert, California ("City Council") did on the 22th day of June, 2017, hold a duly noticed public hearing to consider the request by the City of Palm Desert, and continued the request to their meeting of July 13, 2017; and WHEREAS, the City Council did consider changes to the zoning ordinance at their meeting of July 13, 2017, and in accordance with suggested changes outlined in the staff report and corresponding memorandum for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 20th day of June, 2017, hold a duly noticed public hearing and recommended approval of the request by the City of Palm Desert of the above noted; and WHEREAS, the City Council of the City of Palm Desert, California has determined that the amendments to Zoning Ordinance Chapters 25.02, 25.04, 25.10, 25.16, 25.22, and 25.28 of the Palm Desert Municipal Code are consistent with the General Plan; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said request: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety and welfare of the residents and businesses of Palm Desert within the City limits. SECTION 2. Adoption of amendments to Chapter 25.02 "Introductory Provisions" of the City's Zoning Ordinance as identified in Exhibit "A" attached to this Ordinance. ORDINANCE NO. 1324 SECTION 3. Adoption of amendments to Chapter 25.04 "Establishment of Zoning District" of the Citv's Zoning Ordinance as identified in Exhibit "B" attached to this Ordinance. SECTION 4. Adoption of amendments to Chapter 25.10 "Residential Districts" of the Citv's Zoning Ordinance as identified in Exhibit "C" attached to this Ordinance. SECTION 5. Adoption of amendments to Chapter 25.16 "Commercial and Industrial Districts" of the Citv's Zoning Ordinance as identified in Exhibit "D" attached to this Ordinance. SECTION 6. Adoption of amendments to Chapter 25.22 "Special Districts: of the Citv's Zoning Ordinance as identified in Exhibit "E" attached to this Ordinance. SECTION 7. Adoption of amendments to Chapter 25.28 "Overlay Districts" of the Citv's Zoning Ordinance as identified in Exhibit "F" attached to this Ordinance. SECTION 8. Severabilitv. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 9. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 24th day of August, 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA G:\CityClrk\Gloria Sanchez\ORDINANCES\Ord No. 1324 - City Council Ordinance - Zoning Ord.doc ORDINANCE NO. 1324 Exhibit A Chapter 25.02 — Introductory Provisions Sections in This Chapter 25.02.010 Title and Purpose 02-1 25.02.030 Scope, Interpretation, and Application 02-2 25.02.040 Administrative Responsibility 02-3 25.02.050 Rules and Interpretation 02-5 25.02.010 Title and Purpose A. Title. This title shall be known as the Zoning Ordinance of the City. B. Relation to the General Plan. The City Council has instituted a comprehensive planning program in order to ensure that the anticipated growth within the City is organized, planned, and coordinated in a manner that will not place undue burdens on the City in its ability to provide urban services and facilities. This planning program has culminated in the preparation and adoption of a comprehensive General Plan. C. Role of Zoning Ordinance. Chapter 12 'Work Plan" of the General Plan recommends implementation strategies to accomplish the goals and objectives found within that document. In order to accomplish said goals and objectives the orderly development of the City, and the elimination of haphazard land development, is required. Among the methods noted is a regulatory Zoning Ordinance to govern the uses of land and the density and intensity of development. D. Purpose of Zoning Ordinance. The zoning regulations of the City are adopted to protect, promote, and enhance the public health, safety, and general welfare, ensuring that development within the City is related to the City's ability to provide essential urban services and is consistent with the Palm Desert General Plan. More specifically, these regulations are adopted to achieve the guiding principals identified in the General Plan and include the following objectives: 1. Relate proposals for development to the provisions and recommendations of the City's General Plan and ensure development is consistent with the guiding principals of the General Plan. To meet the guiding principals development proposals will be reviewed for their focus on: human -scale design, liveliness of centers, complete streets, accessibility and connectivity, and quality of open spaces. 2. Foster a harmonious, convenient, workable and connected relationship among land uses. 3. Ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial to the City as a whole. 4. Provide population densities that support and encourage pedestrian activities such as walking and bicycling; that are connected to, and in proximity of, civic 02-1/Page Chapter 25.02 Introductory Provisions ORDINANCE NO. 1324 and education uses, open spaces, and commercial and employment opportunities. 5. Foster an environment that ensures pedestrian amenities connect the community, are designed to accommodate pedestrians and bicyclist, and that are convieniently located for the highest impact. 6. Forecast and plan for the City's ability to provide community facilities, utilities, and services. 7. Ensure adequate consideration for urban design in the development process so that new development enhances the City as it matures. 8. Provide provisions for adequate bicycle parking, off-street parking, shared parking facilties, and off-street truck loading facilities. 9. Promote preservation of natural environmental features in the development and use of land within the City. 10. Develop land use regulations that will encourage infill development and redevelopment of existing sections of the City and provide for innovative development in undeveloped areas. 25.02.030 Scope, Interpretation, and Application A. Scope of Regulations. This title is adopted to implement the stated vision and objectives of the General Plan of the City. To accomplish these objectives the City shall regulate the use, location, area, and dimension of sites for development: the massing and height of structures, the architectural quality and appearance of buildings, uses, structures, connectivity, signs, open space, landscaping, access and egress, off-street parking, and other such aspects of land use which may be deemed necessary for the public peace, health, safety, and general welfare of the people working and living within the City. B. Authority for Regulations. The authority for the regulations contained within this title is based on Section 7, Article XI of the California Constitution; the provisions of the California Planning and Zoning Law which provide for the regulation of the intensity of land uses, and the adoption of standards for the regulation of population density; and the police power granted to municipalities by the laws of the State. C. Applicability and Conformity. The provisions of this title are not intended to revoke any easements, codes, covenants, and restrictions or other existing agreements which are more restrictive than the provisions of this title. Unless otherwise specified, existing development is not required to comply with new regulations. Any use or development made nonconforming by new regulations is subject to the requirements of Chapter 25.62 (Nonconforming Provisions). D. Relation to Less Restrictive Regulations. Whenever the provisions of this title impose more restrictive regulations upon buildings or structures and the use of them or the use of lands or premises and require larger open spaces or yards or setbacks than are Chapter 25.02 Introductory Provisions 02-21 Page ORDINANCE NO. 1324 imposed by other ordinances, the provisions of this title or the rules or regulations included within this title shall govern. E. Effective in Incorporated City. The provisions of this title are declared to be in effect upon all land within the incorporated jurisdiction of the City as exists or is hereafter changed by annexation. F. Relationship to Prior Ordinances. Any building for which a building permit has been issued and is valid under the provisions of earlier ordinances of the City which are in conflict with this title may be continued and completed in accordance with the plans and specifications upon which the permit was issued. G. Continuity. Notwithstanding the provisions of this chapter or any other provisions of this title, no new or additional variance, conditional use permit, or license shall be required for any land use heretofore authorized by the City or the County by a variance, conditional use permit, building permit, license, or tentative or final tract map, provided there has been substantial reliance upon the governmental entitlement mentioned in this chapter and, provided further, that conditions thereof are complied with and that substantial construction has begun on a portion of the project. H. Procedure Regarding Pending Action. The repeal or substitution of any ordinance shall not affect any prosecution which may be pending in any court for the violation of any provision of the ordinance at time of the repeal or substitution. I. Violation of Previous Ordinances. The substitution or repeal of any ordinance is not deemed to ratify or legalize any violation of any provision of such ordinance nor to affect the prosecution or punishment of any person, firm, or corporation for any act done or committed in violation of any provision of the ordinance prior to the taking effect of this title. J. Conviction of Crimes Continued. Any ordinance to be repealed or substituted by this title is deemed to continue and be in full force and effect for the purpose of prosecuting and meeting punishment for any violation presently pending in any court. 25.02.040 Administrative Responsibility California Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the planning agency, as designated by the title, shall be carried out by the following bodies. In the absence of an assignment, the City Council shall retain responsibility and authority as the legislative body of the City. A. Zoning Administrator. The Zoning Administrator shall be appointed by the Director of Community Development and shall have discretionary review authority over permits and entitlements as specified in the ordinance, such as large family day care use permits, adjustments, and administrative use permits. B. Director of Community Development. The Director, or designee, shall have the responsibility and authority to administer and enforce this title as follows: 02-3IPage Chapter 25.02 Introductory Provisions ORDINANCE NO. 1324 1. Application Process. Receive and review all applications for development pursuant to this title. Processing includes but is not limited to the certification of completed applications, the establishment of a permanent file, posting of public notices, collection of applicable fees, preparation of reports, processing of appeals, and presentation of staff reports to the Architectural Review Commission, Planning Commission, and City Council. 2. Interpretation. Interpret the provisions and advise the public on the requirements of this title. 3. Amendment. Initiate action for amendment of this title where it is determined that such amendment would better implement the General Plan goals and objectives and increase its effectiveness and/or improve or clarify the contents of this title. 4. Permit issuance. Issue administrative permits, including certifications of use and occupancy, temporary use permits, home -based business permits and other designated permits under this title and certify that all such permits are in full conformance with its requirements. 5. Coordination. Refer and coordinate matters related to the administration of this title with other agencies and City departments and provide information on the status of all development permits. 6. Authority. Serve as the administrative zoning body and exercise that authority set forth in California Government Code Section 65900 et seq. C. City Manager. The City Manager or designee shall oversee the work of the Director and shall exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the City Council. D. Architectural Review Commission. The City has established the Architectural Review Commission to serve as a decision -making and advisory body with the following land use responsibilities: 1. Hear and decide applications for entitlements as provided in this ordinance, such as architecture and landscape design review, color changes, sign permits, and comprehensive sign programs. 2. Hear appeals of the decision of the Zoning Administrator for design review and signs. 3. Hear and make recommendations to the Planning Commission on applications for precise plans, certain specific plans, certain variances, and new homes for tentative tract map applications. E. Planning Commission. Pursuant to California Government Code Section 65101, the City of Palm Desert has an established Planning Commission. The Planning Commission shall have the following land use responsibilities: Chapter 25.02 Introductory Provisions 02-4/ Page ORDINANCE NO. 1324 1. Hear and decide applications for entitlements as provided in this ordinance such as use determinations, precise plans, conditional use permits, condominium conversion permits, tentative parcel and tract maps, and variances. 2. Hear appeals of the decisions of the Zoning Administrator. 3. Initiate studies of amendments to this title and make recommendations to the City Council for amendments as provided in this ordinance and in California Government Code Section 65853. 4. Hear and make recommendations to the City Council on applications for specific plans, zoning amendments (ordinance and map), the General Plan and amendments thereto, prezonings, hillside development plans, and other related planning studies. 5. Exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the City Council. F. City Council. The City Council is the legislative body of the City and shall have the following land use responsibilities: 1. Hear and decide all appeals. 2. Hear and decide applications for permits and entitlements as identified in this ordinance, such as specific plans, zoning amendments (ordinance and map), General Plan updates and amendments, prezonings, hillside development plans, and development agreements. 3. Direct planning -related policy amendments and special studies as necessary or desired. 4. Exercise such other powers and duties as are prescribed by state law or local ordinance. 25.02.050 Rules and Interpretation The Director of Community Development shall have the authority and responsibility to interpret terms, provisions, and requirements of this code in accordance with the rules listed below. A. Abbreviations. The following phrases, personnel, and document titles are shortened in this code: 1. City of Palm Desert = City 2. Director of Community Development = Director 3. Zoning Administrator = ZA 4. Architectural Review Commission = ARC 5. Planning Commission = Commission 02-5/Page Chapter 25.02 Introductory Provisions ORDINANCE NO. 1324 6. City Council = Council 7. Community Development Department = Department B. Terminology. The following rules apply to all provisions in this code: 1. Language. The words "shall," "will," "is to," and "are to" and similar words and phrases are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive. 2. Tense and number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular unless the natural construction of the word indicates otherwise. 3. Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either...or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including but not limited to." 4. Number of days. Whenever a number of days are specified in this code, or in any entitlement, condition of approval or notice issued or given as provided in this code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day when the last of the specified number of days falls on a day that the City is not open for business. C. Minimum Requirements. All provisions of this code are considered to be minimum requirements, unless specifically stated otherwise. D. Calculations — Rounding. Where any provision of this code requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down). E. Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted unless the use is determined to be similar to a listed use or use category. F. Zone Boundaries. Where uncertainty exists as to the boundaries of any districts shown on the official zoning map, the rules established under section 25.04.030 (Zoning Map) apply. G. Consistency of Text and Diagrams. Diagrams are provided within this code to illustrate the requirements of the zoning code's text. In the event of conflict between the text of this code and provided diagrams, the text shall determine the City's regulations. H. Conflicts with other Regulations. Wherever conflict occurs between the provisions of this title and any other provision of law, the more restrictive of any such provisions shall apply. Chapter 25.02 Introductory Provisions 02-6/ Page ORDINANCE NO. 1324 Exhibit B Chapter 25.04 — Establishment of Zoning Districts Sections in This Chapter 25.04.010 Purpose 04-1 25.04.020 Zoning Districts 04-1 25.04.030 Zoning Map 04-3 25.04.010 Purpose This chapter establishes the framework for zoning districts within the city and their relationship to the City's General Plan land use categories. This chapter also establishes the zoning map as the official designation of zoning district boundaries. 25.04.020 Zoning Districts The City is divided into zoning districts that are generally grouped into six categories: (A) residential districts, (B) commercial districts, (C) industrial districts, (D) downtown districts, (E) special districts, and (F) overlay districts. These districts implement the City's General Plan land use categories as described in Table 25.04-1 (Zoning Districts). Each zone is further defined and regulated in the subsequent sections of this chapter. A. Residential Districts. Residential districts provide appropriately located areas for residential living at a range of population densities consistent with the General Plan. Development standards are in place to provide residential areas with sound standards of public health and safety, and provide space for semipublic facilities needed to complement urban residential areas, and for institutions that require a residential environment. B. Commercial Districts. Commercial districts provide appropriately located areas for retail stores, offices, service establishments, amusement establishments, and businesses, offering commodities and services required by residents and visitors of the City and the surrounding market area. Development standards for specific land uses are in place to ensure that these areas function appropriately and are compatible with surrounding land uses. C. Industrial Districts. The industrial districts allow for the manufacture, distribution, and service of products intended primarily for local use within Palm Desert, its sphere of influence, and surrounding communities. Land uses permitted in industrial districts also include research and development facilities and high -caliber technological centers. Development standards are included to ensure that industrial uses do not conflict with the overall character of a community and are compatible with surrounding uses. D. Special Districts. Special districts allow for the protection of open space and the establishment or expansion of public facilities or change in the use of lands owned, leased, or otherwise controlled by governmental agencies. Certain special districts also allow for the establishment of quasi -public institutional uses, and the reservation of areas 04-11Page Chapter 25.04 Establishment of Zoning Districts ORDINANCE NO. 1324 for parks, public or private recreation, open space, and related governmental public uses. E. Downtown Districts. The downtown district is intended for the development of high intensity multi -story (3-5 stories) mixed -use development centered around the intersection of San Pablo Avenue and Highway 111, inclusive of El Paseo, and expanding east to west from Deep Canyon Road to Monterey Avenue. Development standards are included to allow building types that facilitate the creation of a sense of place, provide for high levels of pedestrian connections and interaction, and emphasize small block sizes and building form. F. Overlay Districts. The purpose of the overlay districts is to allow the City to adequately provide for special environmental constraints and to provide additional flexibility of development standards for desired development within the City. Furthermore, overlay districts are utilized: 1. To allow more flexibility from the standard provisions of the underlying base zone. 2. When special provisions are needed to protect unique site features or implement location -specific provisions. 3. To specify a particular standard or guideline for an area. In the event of a conflict between an overlay district and any base zoning district (residential, commercial, industrial, or special district) the provisions of the overlay district apply. Table 25.04-1: Zoning Districts Symbol I Zoning District Name/Description Residential Zoning Districts RE Estate Residential R-1 M R-1 R-2 R-3 HPR PR Single-Family/Mobile Home Residential Single -Family Residential Mixed Residential Multi -Family Residential Hillside Planned Residential Planned Residential Commercial Districts OP Office Professional District PC Planned Commercial Districts PC-1 Specialty Commercial Center General Plan Land Use Designation Implemented by Zoning District Rural Neighborhood Conventional Suburban Neighborhood, Small Town Neighborhood Conventional Suburban Neighborhood Small Town Neighborhood Small Town Neighborhood, Town Center Neighborhood Rural Neighborhood Town Center Neighborhood, Resort and Entertainment Employment Varies Neighborhood Center Chapter 25.04 Establishment of Zonig Districts 04-2/ Page ORDINANCE NO. 1324 Symbol Zoning District Name/Description PC-2 District Commercial Center PC-3 Regional Center PC-4 Resort Center Industrial Districts SI 1 Service Industrial District Downtown D Downtown DE Downtown Edge Special Districts P OS Public/Institutional District Open Space District Overlay Districts DO DEO SO MU EP SP D N FCOZ BDAA Downtown Core Overlay Downtown Edge Transition Overlay Senior Housing Overlay Mixed Use Overlay El Paseo Pedestrian Commercial Overlay Scenic Preservation Overlay Drainageway, Floodplain, Watercourse Overlay Natural Features/Restricted Development Overlay Freeway Commercial Overlay Zone Bermuda Dunes Airport Area 25.04.030 Zoning Map General Plan Land Use Designation Implemented by Zoning District Suburban Retail Center Regional Retail Resort and Entertainment Employment, Industrial Downtown Downtown Public Facility/Institution Open Space (OS) Downtown Downtown Varies Varies Downtown Varies Open Space Varies Varies — 1-10 Intersections Washington Street area — See map on file The City of Palm Desert Zoning Map (hereafter referred to as the Zoning Map) is the official designation of zoning district boundaries on real property within the City. The Zoning Map shall be regulated as set forth below. A. Incorporated by Reference. The Zoning Map is hereby incorporated into this zoning code by reference as though it were fully included and as adopted by the City Council. B. Map Amendments. Amendments to the Zoning Map shall follow the process established in Section 25.78.040 (Amendments — Zoning Map). C. Relationship to General Plan and other Plans. The Zoning Map shall implement and shall be consistent with the City's adopted General Plan. The Zoning Map shall be specifically consistent with the General Plan land use plan and any adopted specific plans. D. Zoning District Symbol. Zoning districts shall be illustrated on the Zoning Map as follows: 04-3IPage Chapter 25.04 Establishment of Zoning Districts ORDINANCE NO. 1324 1. Each residential, commercial, industrial, downtown, or special zoning district shall be described on the Zoning Map by use of its identified zoning district symbol, as listed in Table 25.04-1 (Zoning Districts). 2. Overlay districts shall be designated by their representative symbol along with any related residential, commercial, industrial, downtown, or special base zoning district in a format determined by the ZA. E. Zoning Map Interpretation. If there is uncertainty about the location of any zoning district boundary shown on the Zoning Map, the precise location of the boundary shall be determined by the Zoning Administrator as follows: 1. The boundaries of a zoning district shall be the centerlines of either streets or alleys, or lot lines of real property, unless otherwise shown. Where a district's boundaries approximately follow centerlines or lot lines, those lines shall be interpreted as the district boundaries. 2. If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the Zoning Map, the location of the boundary shall be determined by the ZA. Each portion of the property shall be developed to the standards and allowed use provisions of the applied zoning district and any applied overlay or special zone(s). 3. Where the street layout on the ground or the lot lines differ from such layout or lines shown on the zoning map, the ZA shall determine the exact boundary and the map shall be amended to conform to the layout on the ground. 4. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley shall be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley. Chapter 25.04 Establishment of Zonig Districts 04-4/ Page ORDINANCE NO. 1324 Exhibit C Chapter 25.10 — Residential Districts Sections in This Chapter 25.10.010 Purpose 10-1 25.10.020 Characteristics of the Residential Districts 10-1 25.10.030 Allowed Land Uses and Permits Required 10-2 25.10.040 Specific Use Standards 10-4 25.10.050 Development Standards 10-7 25.10.010 Purpose The purpose of this chapter is to establish residential zoning districts in the City, along with allowed use and development standards applicable to those districts. These districts are consistent with and implement the City's General Plan neighborhood land use categories as indicated in Table 25.04-1 (Zoning Districts). 25.10.020 Characteristics of the Residential Districts The following descriptions of each residential district identify the characteristic uses, density, intensity of uses and the types of development intended for that district. A. Estate Residential District (RE). The district is intended to provide low intensity and neighborhood development (0.5 - 1.0 du/ac) and generally is characterized by limited development on large properties and preservation of natural features and open space. B. Single Family / Mobile Home Residential District (R-1M). This district provides for the permanent placement and occupancy of single family dwelling units, factory built or manfucatored dwelling units and mobile homes for residential purposes on purchased, rented or leased Tots. The district is characterized as having moderated density (4.0 — 7.0 du/ac) focused around community space and amenities with walkable streetscapes. C. Single Family Residential District (R-1). The intent of this district is to encourage the preservation and development of traditional residential neighborhoods. The district provides for low intensity development (2.0 — 8.0 du/ac) generally characterized by single-family homes on medium-sized lots organized around formal and walkable streetscapes. D. Mixed Residential District (R-2). The intent of this district is to provide moderate intensity and density (3.0 — 10.0 du/ac) for neighborhood development. Neighborhoods are characterized by a variety of housing choices and mixed -uses. Buildings are organized around formal and walkable streetscapes with high levels of pedestrian connectivity. E. Multifamily Residential District (R-3). The intent of this district is to provide suitable areas for moderate to higher intensity and density (7.0 — 40.0 du/ac) for residential development and small scale commercial activity.The zoning district is characterized by higher density residential development and mixed -uses in proximity to retail and 10-1/Page Chapter 25.10 Residential Districts commercial services. Buildings are organized around formal streetscapes with a variety of plazas and other pedestrian amenites and open spaces that are highly connected to surrounding development. F. Hillside Planned Residential District (HPR). The purpose of the hillside planned residential district is to provide for the lowest intensity (0.2 du/ac) of residential development by minimizing the grading of hillside areas and to preserve the natural contours of the land by avoiding extensive cut and fill of slopes that result in a padding or staircase effect within the development. This district is characterized by the preservation of natural features and protected viewsheds, architecture and landscape design that blends with the natural terrain, and informal and natural streetscapes that follow the topography of the land. G. Planned Residential District (PR). The purpose of this district is to provide for flexibility in residential development, by encouraging creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities (4.0 — 40.0 du/ac), mixed housing types, and community facilities. The district is charactersized as providing for the optimum integration of urban and natural amenities within developments and is organized around formal, walkable, and highly connected streetscapes. 25.10.030 Allowed Land Uses and Permit Requirements Table 25.10-1 "Use Matrix for Residential Districts" below identifies land uses and corresponding permit requirements for residential districts and all other provisions of this Title. Descriptions/definitions of the land uses can be found in Chapter 25.99 "Definitions". The Special Use Provisions column in the table identifies the specific chapter or section where additional regulations for that use type are located within this Title. Use regulations in the table are shown with a representative symbol by use classification listing: "P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an administrative use permit, "L" symbolizes uses that require approval of a large family day care use permit, "C" symbolizes uses that require approval of a conditional use permit, and "N" symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). Table 25.10-1: Use Matrix for Residential Districts Residential Zoning District (P=Permitted; A=Administrative Use Permit; L=Large Family Day Care Use Permit; C=Conditional Use Permit; N=Not Permitted) RE I R-1 I R-2 I R-3 I R-1M HPR I PR Special Use Provisions Residential Uses Assisted Living NCC C N N C Condominium NNC C N N C Dwelling, duplex NNP P N N N Dwelling, multifamily NNP P N N C 25.10.040.A Chapter 2510 Residential Districts 10-2/ Page ORDINANCE NO. 1324 Residential Zoning District (P=Permitted; A=Administrative Use Permit; L=Large Family Day Care Use Permit; C=Conditional Use Permi ; N=Not Permitted) RE R-1 R-2 R-3 R-1 M HPR PR Special Use Provisions Dwelling, second PPP P N P P 25.34.030 Dwelling, single-family PPP N N P P Farmworker housing NNN N N N N Group home PPP N N P P 25.10.040.B Guest dwelling PPP N N P P Home -based business PPP P P P P Manufactured home parks NNN N C N N Planned unit development, NNCC N C C 25.10,040.0 residential Transitional and supportive housing see footnote 1 Agriculture -Related Uses Apiary PPP N N P P Botanical conservatory A N N N N N N Crops and horticulture, limited A N N N N N N Domestic animals PPP PP P P Garden, private PPP PP P P Greenhouse, commercial CNN N N N N Greenhouse, private PPP A A P P Horticulture, private PPP PP P P Kennel CNN N N N C 25.10.040.D Livestock raising, noncommercial CNN N N N N Nursery CNN N N N N Orchard A N N N N N N Stable, boarding A N N N N N N 25.10.040.E Stable, private A N N N N N N 25.10.040.E Recreation, Resource Preservation, Open Space, and Public Assembly Uses Cemetery NNN N N N C Community facility NNN N N N C Club, private N N C C N N C Crematory NNN N N N N Day care, large family L L L L L L L 25.10.040.F Day care, small family PPP P P P P Institution, educational2 CCC C C N C Institution, general2 NNN C N N C 10-3(Page Chapter 25.10 Residential Districts ORDINANCE NO. 1324 Institution, religious Public park Recreational use, commercial Recreational vehicle park Recreation facility, commercial Recreation facility, incidental Recreation facility, private Recreation facility, public Residential Zoning District (P=Permitted; A=Administrative Use Permit; L=Large Family Day Care Use Permit; C=Conditional Use Permi ; N=Not Permitted) RE R-1 R-2 R-3 R-1 M HPR PR CCC C N N C P PP P P P P N NN N N N C 25.10.040.G N NN N C N C N NN N N N N CCC C C N C 25.10.040.H P NN P P N P CCC C C N C Special Use Provisions Utility, Transportation, Public Facility, and Communication Uses Electric substation N N N N N N N Fire station C C C C N N C Public service facility C C C C C N N Public utility C C C C C N N Utility facility N N N N N N C Retail, Service, and Office Uses Bed and breakfast C N N C N N N Commercial parking lot N C N C N N N 25.10.040.1 Condominium hotel, converted N N C C N N C Hospital N N C C N N C Hotel N N N C N N C 25.10.040.J Neighborhood government office N N C C N N N 25.10.040.K Office parking lot N C C C N N N 25.10.040.L Professional office N N C C N N N 25.10.040.M Resort hotel N N N C N N C 25.10.040.J Timeshares N N N N N N C Temporary Uses See Section 25.34.080 Footnotes: 1. Transitional and supportive housing shall be subject to only those restrictions that apply to other residential uses of the same type in the same zone. 2. Trade schools are not permitted 25.10.040 Specific Use Standards The following provisions apply as indicated to the uses listed in Table 25.10-1 (Use Matrix for Residential Districts): Chapter 25.10 Residential Districts 10-4 / Page ORDINANCE NO. 1324 A. Multifamily. Multifamily dwelling units are permitted within the R-2 district up to a maximum of 10 dwelling units per acre, or as indicated on the zoning map. Multifamily dwelling units are permitted within the R-3 district at densities between 7-40 dweliing units per acre, or as indicated on the zoning map. B. Group Home. When permitted according to Table 25.10-1 (Use Matrix for Residential Districts), group homes are limited to six or fewer residents. C. Planned Residential. Cluster development and/or condominiums are permitted as part of a planned development. D. Kennel. Excluding domestic pets, all boarding for animals or fowl must be at least 100 feet away from any neighboring residential home. E. Stables. The stabling of horses (or mules) is permitted with an administrative use permit in the residential estate district subject to the following provisions: 1. Two standard horses (or mules) over 14.2 hands, 58 inches shall be permitted on a lot of 40,000 square feet minimum area with a total number of horses all sizes not exceeding three. (This would allow one additional pony or the temporary keeping of one foal) 2. Horses must be kept within a corral and/or enclosed stable of the following minimum dimensions: i. Corral. 288 square feet per horse; minimum dimensions of 12 by 24 feet, and one-third shaded. ii. Stable. 144 square feet, minimum dimension 12 feet by 12 feet per horse. Stable shall be ventilated for the desert environment. iii. Construction. Corrals and stables shall be constructed of material and in such a manner to adequately contain the horses. 3. Barns, corrals or stables constructed to maintain horses shall be located not less than 35 feet from any residence or habitable structure on the same lot and not Tess than 50 feet from any residence or habitable structure on adjacent lots. Barns, corrals, or stables may be located within 50 feet of a front property line if the finding can be made that the design and appearance of such structures are compatible with surrounding properties. No horses shall be permitted within 100 feet of an adjacent property not zoned RE (i.e., R1, O.P., PR). 4. Animal manure shall be stored in appropriate receptacles and properly disposed of not Tess than once per week. 5. Barns, corrals, or stables shall be cleaned and maintained such that dust, flies, and odors shall not create a nuisance for adjacent properties and not less than once per day. 10-5/Page Chapter 25.10 Residential Districts ORDINANCE NO. 1324 F. Large Family Day Care. Large family day care facilities require the issuance of a large family day care use permit in accordance with Section 25.64.020. and are permitted subject to the following requirements: 1. Space and concentration. Properties proposed for use as large family day care homes shall be located no closer than 300 feet in all directions from another large family day care home. An adjustment may be granted according to Chapter 25.64.030 (Adjustments) of this ordinance to reduce this distance to no more than 100 feet. 2. Traffic control. A traffic circulation plan shall be designed to diminish traffic safety problems. Residences located on major arterial streets (as shown on the General Plan circulation map) must provide a drop-off/pick-up area designed to prevent vehicles from backing onto the arterial roadway. The applicant may be required to submit a plan of staggered drop-off and pick-up time ranges to reduce congestion in neighborhoods already identified as having traffic congestion problems. 3. Parking. All homes used for large family day care facilities shall provide at least three automobile parking spaces, no more than one of which may be provided in a garage or carport. Parking may be on -street if contiguous to property. These may include spaces already provided to fulfill residential parking requirements. 4. Noise control. Operation of the facility shall comply with all provisions of Chapter 9.24 (Noise Control) of the Palm Desert Municipal Code. Additional conditions may be placed on use permits to reduce noise impact if ongoing problems exist. 5. Signage. No signs or other exterior markings identifying a large family day care operation shall be allowed on the applicant's home. 6. Residency. The applicant must be a primary resident of the home that is proposed as a large family day care home. 7. Contact Person. The current name(s) and telephone number(s) of the applicant, and all other operators if different from the applicant, of the family day care home shall be on file with the City at all times. 8. State Licensing. All appropriate licensing from the California Department of Social Services shall be obtained prior to commencing operation of any large family day care home in the City. 9. Building and Fire Code Compliance. Consistent with Section 1597.46 of the Health and Safety Code, the proposed large family day care home must comply with all building and fire code provisions applicable to single-family residences, and with such additional standards as the State Fire Marshal, from time to time, adopts pursuant to Section 1597.46(d) of the Health and Safety Code to promote the fire and life safety of children in large family day care homes. (See Title 22 of the California Code of Regulations.) 10. Smoking Restricted. Consistent with Section 1596.795 of the Health and Safety Code, smoking of tobacco and other substances —whether in pipe, cigar, or Chapter 25.10 Residential Districts 10-6 / Page ORDINANCE NO. 1324 cigarette form —shall not be allowed in the applicant's home during its hours of operation as a large family day care home with respect to those areas of the home where children are present. 11. Proof of Control. No use permit shall be issued unless the applicant can demonstrate legal authority and control over the real property proposed to be used as a large family day care home. G. Recreational Use, commercial. Commercial recreation uses are limited to the PR zone only with the issuance of a conditional use permit when not directly related to a permitted residential development. H. Recreation Facility, incidental. Limited commercial uses are authorized as part of this use classification which are commonly associated with and directly related to the primary use. I. Commercial Parking Lot. Parking lots that service commercial establishments are permitted within 300 feet of the related commercial establishment. J. Hotel and Resort Hotel. In the R-3 zoning district, these uses are permitted up to a maximum of 40 units per gross acre with the issuance of a conditional use permit. In the PR zoning district, the maximum density shall be approved by the Commission or Council. K. Government Office Building. Small neighborhood government office buildings are permitted up to 5,000 square feet in size. L. Office Parking Lot. Parking Tots that serve office developments are permitted when located directly adjacent to the office professional zone and consistent with recommendations of the General Plan. M. Professional Office within Residential District. These uses are permitted with the issuance of a conditional use permit, provided property to be developed is abutting or across the street, or across an alley from commercially zoned property. Residential development standards are to be used to ensure compatibility. 25.10.050 Development Standards The development standards on Table 25.10-3 (Residential Zoning District Development Standards) are applicable to the residential zoning districts. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) in this title, are intended to assist property owners and project designers in understanding the City's minimum requirements and expectations for high -quality development. A. Hillside Planned Residential Development Standards. The following standards must be met prior to the approval of a hillside development plan as described in Section 25.78.020: 1. Density. Each lot shall be limited to a maximum of one unit per five acres. All lots will be entitled to at least one unit. 10-7/Page Chapter 25.10 Residential Districts ORDINANCE NO. 1324 2. Grading. Location of building pads and access roads shall be evaluated, approved, or adjusted based on consistency with the following: i. Preserved natural contours of the land to avoid extensive cut and fill slopes to reduce the need for a staircase effect within developments. ii. Architecture and landscape design which blends with the natural terrain to the greatest practical extent. iii. Retention and protection of undisturbed viewsheds, natural landmarks, and features including vistas and the natural skyline as integral elements. iv. Building Pad Area. The maximum area permanently disturbed by grading shall not exceed 10,000 square feet. v. Access Road or Driveway. Maximum permanent grading disturbance of natural terrain for development of access to the approved building pad shall be 3,000 square feet. Roads shall be located and designed to blend with the natural terrain to the greatest practical extent consistent with the grading provisions listed in paragraph 2 above. vi. Renaturalization. All cuts, fills, or other areas temporarily disturbed by grading shall be re -naturalized, colored, and landscaped to blend with the adjacent undisturbed natural terrain to the satisfaction of the City council. 3. Maximum Dwelling Unit Size. Total dwelling unit, garage and accessory building size on any one lot shall not exceed 4,000 square feet. 4. Exception. The standards of subsections A.1 through A.3 of this section shall be required unless modified by one of the following: i. Precise Plan. The Commission and Council may approve a precise plan of design through public hearing process that modifies the standards in subsection A.1 through A.3. Said precise plan shall take into consideration any and all circumstances, including, but not limited to, viewshed, topography, color, texture, and profile of any structure that the Commission or Council may determine to be in conformity with the purposes set forth in this section. ii. Previously Approved Existing Building Pads. If a property owner can demonstrate that a previous building pad was aporoved by the City of County before incorporation, a home and accessory structure(s) may be built on a previously approved building pad without a public hearing. The building size shall be limited to 35 percent of the lot, which may be increased up to 50 percent with ARC approval. Enlarging a previously approved existing building pad shall require a new public hearinig subject of the provisions of this chapter. 5. Previously approved existing building pads shall be subject to the standard coverage limitations of 35 percent, which may be increased up to 50 percent with Chapter 25,10 Residential Districts 10-8 1 Page ORDINANCE NO. 1324 ARC approval. Any change to an existing approved building pad shall require a new public hearing subject to the provisions of this chapter. 6. Development on or across ridges is prohibited. 7. Building pads and architecture shall be designed to eliminate or minimize any visual impact on the City to the maximum extent feasible. 8. All common open space shall be preserved for that purpose as shown in the development plan. The developer shall choose one or a combination of the following three methods of administering common open space: i. Dedication of common open space to the City, which is subject to formal acceptance. ii. Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to ensure perpetual maintenance of all common open space. iii. Retention of ownership, control, and maintenance of all common open space by the developer; all privately owned common open space shall continue as such and shall only be used in accordance with the development plan; appropriate land use restrictions shall be contained in all deeds to ensure that the common open space is permanently preserved according to the development plan; said deed restrictions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of common open space. 9. Design Criteria. The following design criteria are established: i. The overall plan shall achieve an integrated land and building relationship. ii. Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site. iii. The layout of structures and other facilities shall effect a conservation in street and utility improvements. iv. Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units. v. Architectural unity and harmony within the development and with the surrounding properties shall be attained. B. Planned Residential District Standards. 10-9/Page Chapter 25.10 Residential Districts ORDINANCE NO. 1324 1. Purpose. It is the purpose of the PR district to provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types, and community facilities. The PR district is further intended to provide for the optimum integration of urban and natural amenities within developments. The PR district is also established to give a land developer assurance that innovative and unique land development techniques will be given reasonable consideration for approval and to provide the City with assurances that the completed project will contain the character envisioned at the time of approval. 2. Filing Procedure. To initiate the review process, the applicant shall file applications for a change of zone (if needed) to a PR district along with a precise plan, tentative tract/parcel map and supporting environmental documentation. 3. Maximum Project Densities. The maximum project density shall be as expressed in dwelling units per gross acre of not more than the number following the zoning symbol PR. The Council shall determine the densities to be allowed within each PR district at the time the involved properties are rezoned and as designated on the zoning map within the following range: one to 40 dwelling units maximum per average gross acre. The density designation shall mean dwelling units per average gross acre. For example, PR-7 means a planned residential development with seven units per gross acre. 4. Maximum Density for "Affordable Projects." For projects containing at least 20 percent units affordable to low income households as defined by the Riverside County Housing Authority, a maximum density of 55 dwelling units per acre may be allowed by precise plan. To be eligible for this program, the developer must enter into a development agreement which will tie the zoning designation and the precise plan approval to affordable housing performance standards. 5. Development Standards Applicable. All areas within the project site shall be subject to the following: i. The standards for development of PR districts set forth in this chapter and any supplemental standards for the planned community designated in the precise plan. ii. Off-street parking and loading requirements. All parking and loading shall comply with the provisions of Chapter 25.46. iii. Utilities. For provisions regarding utilities, see Section 25.40.120. iv. Signs. All signs shall be in compliance with Chapter 25.56. v. Outside storage. No outside storage shall exceed the height of actual perimeter screening. vi. Screening. All screening requirements for developments within the PR district shall be determined by the ARC during review of the precise plan. Chapter 25.10 Residential Districts 10-10 1 Page ORDINANCE NO. 1324 vii. Trash handling. Trash handling facilities shall be provided for all developments within the PR district with the exception of single-family detached dwellings. A trash enclosure will be provided for all but excepted uses, unless the proposed location of the trash area is completely enclosed by walls or buildings. The freestanding trash enclosure shall be constructed of masonry block. No trash shall be allowed to extend above or beyond the enclosure. 6. Site Plan Review. Review of a site plan by Planning Department staff shall be required before a building permit is issued for any development in the PR district. 7. Special Standards. In addition to requiring all development plans to comply with the following special standards the Council and/or Commission may impose such other conditions to the development plan as it deems necessary or desirable in carrying out the general purpose and intent of this chapter. i. Minimum Project Area. Projects of Tess than 7 dwelling units per acre shall have a minimum area of 5 acres. Projects of 7 to 18 dwelling units per acre shall have a minimum area of 10 acres. Projects with 18+ dwelling units per acre shall have a minimum area greater than 10 acres. ii. Minimum Project Width. Projects of Tess than 7 dwelling units per acre shall have a minimum width of 200 feet. Projects of 7 to 18 dwelling units per acre shall have a minimum width of 250 feet. Projects with 18+ dwelling units per acre shall have a minimum width greater than 300 feet. iii. Minimum Project Perimeter Setback. The minimum perimeter setback shall be 20 feet from all property lines adjacent to existing or proposed public streets. iv. Minimum project building coverage. Projects of Tess than 7 dwelling units per acre shall have a maximum building coverage of 40 percent. Projects of 7 to 18 dwelling units per acre shall have a maximum building coverage of 50 percent. Projects with 18+ dwelling units per acre shall have a maximum building coverage of 80 percent. v. Minimum lot area. For single-family detached, the minimum lot area shall be as approved by the development plan. For single-family attached, the minimum lot area shall be 2,500 square feet. For a two-story dwelling, the minimum lot area shall be 3,000 square feet. For multiple -family buildings, the minimum lot area shall be as approved on the tract map. 8. Minimum yards — Development standards. i. For single-family attached, two-story family dwellings and multiple -family buildings, the minimum front, side and rear yards shall be as approved on the tract map. 9. Minimum Separation Between Sides of Buildings. For single -story, single-family detached buildings there shall be a minimum of 7 feet between sides. For two- 10-11 IP age Chapter 25.10 Residential Districts ORDINANCE NO. 1324 story, single-family detached buildings there shall be a minimum of 10 feet between two-story elements. 10. Minimum common open space. i. Projects of Tess than 7 dwelling units per acre shall have a minimum common open space of 30 percent of the net area. ii. Projects of 7 to 18 dwelling units per acre shall have a minimum common open space of 20 percent of the net area. iii. At least 50 percent of all required common open space shall be approximately level, defined as not more than 13.5 percent grade. iv. The common open space shall be land within the total development site used for recreational, including buildings used for recreation purposes, parks or environmental purposes for enjoyment by occupants of the development and their guests, or dedicated to the City for public parks. v. Common open space shall not include public or private streets, driveways, private yards, or patios and parking areas. 11. Building Height. The maximum building height in a PR district shall be 40 feet or three-story, whichever is less, or as approved by the Planning Commission. 12. Maximum Dwelling Units per Building. The maximum number of dwelling units per building shall be as approved by the Planning Commission. 13. Required Width of Private Roads. With no parking, the private roads shall be 20 feet wide. With parking on one side, 32 feet wide. With parking on two sides, 40 feet wide. The roadways shall be a minimum of asphaltic concrete with concrete curbs and gutters as approved by the Director. Standards of design and construction of roadways, both public and private, within the project may be modified as is deemed appropriate by the City, especially where it is found that the development plan provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off-street parking facilities. 14. RV Park Standards. The following standards apply to recreational vehicle parks: i. Minimum project size of 5 acres; ii. Maximum density of 12 spaces per acre; iii. Minimum space area of 1,500 square feet, minimum dimension 30 feet by 50 feet; iv. Minimum 40 percent common open space/recreation area; v. Front project setback adjacent to public street of 25 feet with combination of 6-foot masonry wall and landscaping to screen all recreation vehicles; Chapter 25.10 Residential Districts 10-12 l Page ORDINANCE NO. 1324 vi. Interior property lines to be bounded by 6-foot masonry wall and at least 10 feet of landscaping; vii. Projects may be single -use or developed as part of a larger resort or residential development; viii. RV parks shall be taxed as a transient occupancy use; ix. Permitted Accessory Uses. Private recreational facilities and limited commercial directly associated with primary use as approved by Commission. 15. Building Setbacks from the Planned Street Line. The minimum setback in all residential developments within the PR district shall be the designated distances from the ultimate right-of-way line of the streets specified in this title unless otherwise provided in this section: Table 25.10-2: Setbacks from Planned Street Lines Street Type Setback Distance Freeway 50 feet Major 32 feet Arterial 32 feet Collector 25 feet Local 25 feet 16. Two-story, single-family detached building setbacks from project perimeter: i. The minimum setback shall be 100 feet or one lot depth, whichever is more. ii. The Commission may waive interior setback requirements when adjacent developments are planned simultaneously. 17. Development standards within the PR districts may be modified through the precise plan process as specified in Section 25.72.030. 18. Approval Criteria. The Commission and/or Council may approve a precise plan only after finding that the requirements of this title and other ordinances affecting the property have been satisfied. In granting such approval, the Commission/Council may impose and enforce such specific conditions as to site development, phasing and building construction, and maintenance and operation as it deems necessary to carry out the purposes of this title and the General Plan. All development within the PR district shall comply with the development plan as approved and adopted by the Commission/Council. 10-131Page Chapter 25.10 Residential Districts ORDINANCE NO. 1324 This page has been intentionally left blank Chapter 25.10 Residential Districts 10-14 / Page This page has been intentionally left blank. !,a Pi :4 WR]tiZ �R71 C ❑ a myaom❑'m Lc-5 fi O .� ry m a m C 00 ▪ m � [❑E � N W � r'ii m in F;a m m aE H CD a m u. y L0 ! tr FT; N y N y p - s • N y 3 a g 3 a :� 2 2 am-0 m o a o a 2. C V O [i[m mN ❑gym n At 0 W ▪ ❑ }m 542 *W 7 y Q 4 N N � ❑ n m C N r„a m p O Q W p N a a3a .m G1 (p y y C mSCWi o y 1 1 1 I d W _N H a ❑` WT a C a a y a .Q m a $ o 0. ma a a o ? s11 O Q N N o a n o w d y • t9 ❑ m co ftl a 4m' a A 0 uCi se Ali a ti C O Gf c:7 ❑ may be appropriate with the application of innovative and unique Group usable open space per dwelling unit, min 0 .co co 0 co xew 'ewe ped 6u!ppne up 'pun 6uillemp Jed earn a;!S xew `ezis pun 6u!ItaMG 1 1 1 1 1 I up `ez!spun 6u!IIema xew 'sa!ao;g Jo .tegwnN 0 0 a 0 N b I I I I 0 ru I 1 A 0 0 0 0 0 0 71 71 rn 0 0 N R7 cri m 3 ,Koa'd ,81) ,51 co 11 0 V 0 0 bay ,81) ,51 R. W fu A A (n v y0 I 0 yO Ca DCa CO I I I I o 0 a I a 1 11 0 co co ca O stuawajnseal!y 6ulpling Lot coverage, max percentage of lot area w a w 0 N Residential accessory structures See Section 25.40.050 (Accessory Buildings and Structures) up `paeA aea6 up 'paeA ep!s ;eaa;g up 'saps wog pau!gwoo uiw `paeA apIS u!w `pier(;uoJI CO 0 rT m 0 w up 'i ldep loq u!w `U1p!M 101 1 0 0 xew `ezts 101 n 0 co N co 3 0 0 0 0 N Z zr1 a Crl a 01 a cn 0 IV a 3 b co 0 x c 1.0 1 rU v v a p0 a c.n o ▪ p▪ cn q N � v 0 0 v_ A 4 co (0 0 Q (co a C 0 suo!suema tol xew — up `(oejnp) A;!sued r co ►ttrsuea iel;ueplsea MeasurementlZoning District IA f m 0 FV 1 cn 0 0 A CO C i V co O (0 0 0 o N (Sl 0 0 Z 0 01 0 co c, 0 3 x v 0 w 0 33 m • Table 25.10-3: Residential Zoning District Development Standards C) m CD ti Ul 0 33 fn to a co ro ❑ N r) -4 N This page has been intentionally left blank tZEL 'ON 3ONVNI IHO ORDINANCE NO. 1324 Figure 25.10-1 Palm Desert Country Club Setbacks IIIIIj11f111111�1� 1IIIIIIIi�� lic,eljas Ii&LE).i,v,„a, aayU'I — r 111 N1fl Ilfl I [ILI • — City Boundary . R-1 and R-2 Parcels within the Palm Desert Country Club Palm Desert Country Club 1)w 10-171Page Chapter 25.10 Residential Districts ORDINANCE NO. 1324 Exhibit D Chapter 25.16 — Commercial and Industrial Districts Sections in This Chapter 25.16.010 Purpose 16-1 25.16.020 Characteristics of the Commercial and Industrial Districts 16-1 25.16.030 Allowed Land Uses and Permit Requirements 16-2 25.16.040 Specific Use Standards 16-3 25.16.050 Development Standards 16-6 25.16.010 Purpose The purpose of this chapter is to establish commercial and industrial zoning districts in the City, along with allowed use and development standards applicable to those districts. These districts are consistent with and implement the City's General plan commercial and industrial district and center land use categories as indicated in Table 25.04-1 (Zoning Districts). 25.16.020 Characteristics of the Commercial and Industrial Districts The following descriptions of each district identify the characteristic uses, intensity of uses, and intended level of development for that district. A. Office Professional (OP). This district is intended for various levels of intensities for business, office, administrative, research and development, and/or professional land uses. This district is characterized by urban streetscapes with formal tree arrangements and larger block sizes. B. Planned Commercial (PC). The PC districts provide flexibility for commercial and mixed -use development. Generally, these districts are characterized as coordinated projects that integrate compatible commercial and residential mixed -uses. PC districts balance the need for automobile parking and pedestrian connections that are organized around walkable streetscapes and other pedestrian amenities. PC districts are further refined based on property size, proximity to residential uses, and as described below: 1. Specialty Commercial Center (PC-1). The specialty commercial center provides for small-scale commercial development that primarily serves surrounding neighborhoods and other immediate land uses. This district is characterized as being located in close proximity to residential development and, as such, provides high levels of convenient pedestrian access. This district also promotes the development of mixed -use (10.0 — 15.0 du/ac) as a transition between residential uses and other development types. 2. District Commercial Center (PC-2). The district commercial center provides convenient shopping opportunities outside of the downtown core area. This PC district provides large -format retail areas for the broader community and provides flexibility for the integration of mixed -use (10.0 — 15.0 du/ac) on upper floors of commercial buildings. The center is also characterized by traditional parking lots 16-1/Page Chapter 25.16 Commercial and Industrial Districts ORDINANCE NO. 1324 with formal tree arrangements and spacing and sufficient space for pedestrian areas and open space. 3. Regional Commercial Center (PC-3). The regional commercial center provides a unified area for commercial uses which offer a wide range of goods and services, including comparison and convenience shopping, entertainment, cultural, and recreational uses. The district provides for large-scale, large -format, commercial development that serves the broader region and is generally located around major intersections and properties in proximity to freeway overpasses. Although this district is predominately commercial, mixed -use (10.0 — 15.0 du/ac) is allowed and should be integrated into developments on the upper floor. 4. Resort Commercial Center (PC-4). The resort commercial center allows for the development of a range of entertainment, hospitality, restaurants, and recreational facilities with related commercial uses to serve visitors to the City. The district is characterized by multi -story development that provides recreation and entertainment amenities in accordance with its urban/natural setting, and provides flexibility to integrate mixed -use (10.0 du/ac). C. Service Industrial (SI). This district allows for the development of traditional business parks that allow for manufacture, distribution, research and development, and service of products intended for use within Palm Desert and surrounding communities. The district is characterized as having a more urban setting with buildings located near roadways, shared and connected parking, and streetscapes with formal street tree arrangements. 25.16.030 Allowed Land Uses and Permit Requirements Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses and corresponding permit requirements for commercial and industrial districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The "Special Use Provisions" column in the table identifies the specific chapter or section where additional regulations for the specific use type are located within this ordinance. Use regulations in the table are shown with representative symbols by use classification listing: "P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an administrative use permit, "C" symbolizes uses that require approval of a conditional use permit, and "N" symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). Chapter 25.16 Commercial and Industrial Districts 16-2/Page ORDINANCE NO. 1324 Table 25.16-1: Use Matrix for Commercial and Industrial Districts Commerciatlndustrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP I PC-1 I PC-2 I PC-3 I PC-4 I SI Special Use Provisions Residential Uses Caretaker housing N N N NNP 25.16.040.A Condominium CC C C CC 25.16.040.B Dwelling, duplex CC C C CC 25.16.040.B Dwelling, multifamily CC C CC C 25.16.040.B Dwelling, single-family CC C N CC 25.16.040.E Group home CC N NCC 25.16.040.E Single -room occupancies N N N NNC Homeless Shelter N N N NNP Recreation, Resource Preservation, Open Space, and Public Assembly Uses Amusement facility, indoors Amusement facility, outdoors Community facility Day care center Emergency shelters Entertainment facility, indoor Entertainment facility, outdoor Institution, educational Institution, general Institution, religious Open space (developed or natural) Recreation facility, commercial Recreation facility, private Theater/auditorium N N C CCN N N N CCN N N N NNP N C C CCN N P N N N P N N N PPN N N N P P N CC C N NC CC C NNC CC C NNC N P P NPN N N P P P N N N N P P N N N P P N N Utility, Transportation, Public Facility, and Communication Uses Commercial communication tower Commercial parking lot Public utility installation Public facility (utility or service) Utility facility CC C C CC 25.16.040.0 C N N NNN N N N N N N N N NNP N N C NNP 16-3'Page Chapter 25.16 Commercial and Industrial Districts ORDINANCE NO. 1324 Retail, Service, and Office Uses Adult entertainment N N N N N C 25.16.040.D Ancillary commercial A P P P N A 25.16.040.E Art gallery AP P P PC Art studio AP P P PC Bed and breakfast N A A A A N Business support services N N N NPP Convention and visitors bureau N P P NPN Drugstore N P P P N N Financial institution C P P P N N Grocery store N P P P N N 25.16.040.F Health club, gyms or studios NA P P PC Hotel N A A A P N Liquor store N P P PNN Liquor, beverage and food items shop N P P P P N Medical, clinic Medical, office Medical, hospital Medical, laboratory Medical office, accessory Medical, research facility Mortuary Office, professional Office, local government Office, travel agency Outdoor sales Personal services Restaurant Retail Retail, bulky items Spa Time-share project Automobile and Vehicle Uses Automotive rental agency 'Automotive gasoline station P P P PNN P P P PNN N N N NNC P N N NNP N N N NNP 25.16.040.G P P N NNC N N N NNP P P P PPP P P N NNP P P P PPN N A A A A A N P P PPN AC C CPC 25.16.040.E / H N P P PPN N P N P P N N P P P P N N N N CCN N P N NPP NC C CNC 25.34.090 Chapter 25.16 Commercial and Industrial Districts 16-4/Page ORDINANCE NO. 1324 Automotive service facility N N C C N P 25.34.090 Automotive sales new and used (Outdoor / Indoor) N N N N NC Automotive sales of accessory parts and supplies N N N P P N Vehicle storage facility N N N NNP 25.16.040.1 Industrial, Manufacturing, and Processing Uses Industrial planned unit development N N N NNP Light industrial and research and development N N N NNP Maintenance facility N N N NNP Pest control facility N N N NNP Preparation of foodstuffs N N N NNP Production of home and office decor accessories N N N NNP Warehouse or storage facility Temporary Uses See Section 25.34.080 N N N NNP The establishment may be permitted with an Administrative Use Permit but may be elevated to a Conditional Use Permit at the discretion of the ZA based on: parking, traffic, or other impacts. 25.16.040 Specific Use Standards The following provisions apply as indicated to the uses listed in Table 25.16-1 (Use Matrix for Commercial and Industrial Districts): A. Caretaker Housing. Permitted only when incidental to and on the same site as a permitted or conditional use. B. Residential (mixed use). Residential uses may be established and maintained to be compatible with the permitted or the approved conditional uses in the vicinity. C. Commercial Communication Tower. All communication towers and antennas shall satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna Regulations). D. Adult Entertainment. All uses defined as adult entertainment are required to meet the provisions established by Section 25.34.110 (Adult Entertainment Establishments). E. Commercial (ancillary). Applicable only to office and industrial complexes that occupy a minimum of two acres. Restaurant uses shall not exceed 10 percent of the gross leasable floor area and the total ancillary commercial uses, including restaurants, shall not exceed 25 percent of the gross leasable floor area of the complex. A Conditional Use Permit or Administrative Use Permit is required to review land -use compatibility and to ensure that adequate parking exists to serve the commercial use. 16-5/Page Chapter 25.16 Commercial and Industrial Districts ORDINANCE NO. 1324 F. Grocery Stores. Limited to a maximum building size of 10,000 square feet in PC-1, 30,000 square feet in PC-2, and 60,000 square feet in PC-3. G. Medical Offices, accessory. Permitted only when ancillary to and in conjunction with the operation of a hotel. H. Restaurants. Drive -through and drive-in facilities permitted by a conditional use permit as follows: 1. Permitted locations. Within Freeway Commercial Overlay District ii. On the following streets and as indicated in Figure 25.10-2: Monterey Avenue and Portola Avenue from the northern city boundary to the north side of Gerald Ford Drive. 2. Development standards. Drive -through lanes and window facilities shall be designed in a manner that they are screened and/or not visible from surrounding public streets. ii. Drive -through vehicle queue must be permanently screened and/or not visible from surrounding public streets. I. Vehicle Service and Storage Facility. The storage facility must be completely screened. 25.16.050 Development Standards The development standards included in Table 25.16-2 (Commercial and Industrial District Development Standards) are applicable to commercial and industrial districts. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) located in the zoning ordinance, are intended to assist property owners and project designers in understanding the City's minimum requirements and expectations for high -quality development. A. Special setback requirements. In addition to the setback requirements in Table 25.16- 2 (Commercial and Industrial District Development Standards) the following special setback provisions apply: 1. On interior lots in the PC zone districts, setbacks shall be the lesser of the setback requirement listed in Table 25.16-2 (Commercial and Industrial District Development Standards). For exterior lots or projects perimeter adjacent to public streets the setback standards below shall apply. Said setbacks shall be measured from the property line. 2. Building setbacks from planned street lines: Table 25.16-2: Setbacks from Planned Street Lines Street Type Setback Distance Freeway 50 feet Major 32 feet Arterial 32 feet Collector 25 feet Chapter 25.16 Commercial and Industrial Districts 16-6/Page ORDINANCE NO. 1324 Local 25 feet 1 3. Where commercial districts abut a residential district, a fence or wall 6 feet in height shall be located adjoining the property line except adjoining a required front yard. All commercial district property lines adjoining a residential district shall be landscaped with plant materials for an area 10 feet in depth. 4. All nonpaved areas shall be landscaped and treated or maintained to eliminate dust. B. Exceptions: Development standards within the PC districts may be modified through the precise plan process as specified in Section 25.72.030Special standards within the Service Industrial (SI) district. Sound emanating from industrial properties shall be muffled so as not to become objectionable due to intermittence, beat frequency, or shrillness. The measurements of sound shall be measured at the lot lines and shall be measured to decibels with a sound level meter and associated octave band filter, manufactured according to standards prescribed by the American Standards Association. Maximum permissible sound pressure levels shall comply with the limits at table 25.16-2 and the following standards: Table 25.16-3: Maximum Permitted Decibels Octave Band in Cycles- Second(decibels) Adjacent Residential District Lot Line of Use in the SI Boundaries(decibels) Zone(decibels) 0-75 72 79 76-150 59 74 151-300 52 66 301-600 46 59 601-1200 42 53 1201-2400 39 47 2401-4800 34 41 Above 4800 32 39 1. The maximum sound pressure level in decibels shall be 0.002 dynes per square centimeter. 2. Toxic gases or matter shall not be emitted which can cause any damage to health, animals, or vegetation, or other forms of property, or which can cause any excessive soiling beyond the lot lines of the use. 3. Vibration from any machine, operation, or process which can cause a displacement of .003 of 1 inch as measured at the lot lines of the use shall be prohibited. Shock absorbers or similar mounting shall be allowed which will reduce vibration below .003 of 1 inch as measured at the lot lines. 16-7/Page Chapter 25.16 Commercial and industrial Districts ORDINANCE NO. 1324 4. Glare and heat from any source shall not be produced beyond the lot lines of the use. 5. Storage of refuse, trash, rubbish, or other waste material outside a permanent building shall be kept in enclosed containers in areas other than the front and side yards. 6. Lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, structures, landscaping, parking areas, loading and unloading areas, and the like shall be shielded, focused, directed, and arranged as to prevent glare or direct illumination on streets or adjoining property. 7. Unless specific additional uses are permitted by the certificate of occupancy, the use of radioactive materials within the SI district shall be limited to measuring, gauging and calibration devices, as tracer elements, in x-ray and like apparatus, and in connection with the processing and preservation of foods. In no event shall radioactivity, when measured at each lot line, be in excess of 2.7 x 10-11 micro curies per milliliter of air at any moment of time. 8. Electrical and electronic devices and equipment shall be suitably wired, shielded, and controlled so that in operation they shall not, beyond the lot lines, emit any electrical impulses or waves which will adversely affect the operation and control of any other electrical or electronic devices and equipment. (Ord. 96 § 1, 1975, Exhibit A § 25.20-7.16) C. Special standards within the Office Professional (OP) district. 1. When adjacent to single -story residential, the rear and exterior side yard setbacks shall be increased by 6.43 feet for each foot of building height above 18 feet up to 25 feet tall. See table below: Table 25.16-4: Additional Setback in OP District Height Setback Distance 19 feet 26.43 feet 20 feet 32.86 feet 21 feet 39.29 feet 22 feet 45.72 feet 23 feet 52.15 feet 24 feet 58.58 feet 25 feet 65 feet 2. Second -story Windows: Second -story windows are allowed to face adjacent single -story residential zones with sufficient screening; either with landscaping or another method as approved through the precise plan process. Chapter 25.16 Commercial and Industrial Districts 16-8IPage Table 25.16-4: Commercial and Industrial District Development Standards N r) ORDINANCE NO. Commercial/Industrial District 17) O (/) 0 O 0 0 O Z T N O c c_ C.) • E E Z z• ° ° z 0 a) a) al • c 0c 0 O. coo Z Z Z 0 I I I I u7 M al O vo O p in '0 I O I O N N Q. T O r in o CO I T co }' 17) c.) a)a)• cc11I N () as • 0 O O I N I N Q. p in O O O a N Z Z 0 o T co tn. O co r. U U• (Ks a)a) �' �' I ▪ O N O a co O Z Z 1 N 1 RI p O COo T O 0 iO ,- 0 Lot Dimensions 17) O O O tri c :w E E _ _ 1 If co N Nirj rl Q) el >' (7"0 C J J • J J (n Il Q] O Z 0 0 V in N in T O C cm > c U>) O E alN E co N N O N O Side yard, min (interior/exterior) Street side yard, min Rear yard, min m 0 V • O 0 Floor Area Ratio Building Measurements 40', 3 stories Height, max (single -use) Height, max (mixed -use) cal I 16-9/Page i Commercial/industrial District ORDINANCE NO. 1324 ( a / 0 c ) / \ o. o Qs Z. / %§ E \} 8 %k Q m0. . �j 6 o0 % E, o »t oo §\ o £# \ �\ e \I o E 2\ E @o t% 0 22 /E co fY m2 \ )Q �( ^ m) E2 } © f\ /f R \ \ / E & \ f E E / _� E. { a � \ \ 2 Q e E, a) \ \ E of \2 /Qi] E.° a*a }/ \\ \ƒ\ ok` °° 13E0 0 \\ ®) ±5Q ) &\ )k \E /\o\ o-� Eo a\//7 \§. 2 ��\/% E§J§ k] \ f§\)f% -0�- $E o E(\ 7E£§ #- ®%I'\�®2��0 fk §$2 , \%/tym7 o- .aao>o,� )j\/)k) k%c E-,mow\ §{a 0ac0en �% -ocoo-c20 I ##cv@&tom 0 E—uq]a# me& ®OmQfE 0-0 E c %%Go£\t il \aE 6m f%?\®a2 k%/ ce cn m^G°kit 2\a 'E_ .c \�<&E0 > r �_ \.§ I�»G�2% a\, / / /\ {\\\\\/\/\\ c c wccac«�c�° c)\ a� )of7))�E/a{ 0 -c) R 5 2 3342a4(m4r2 ■ ._ c = o _ ƒk3o \ k4&4« we &6¥ ce and outdoor living and recreation area with an adequate irrigation system. 16-10/Page ORDINANCE NO. 1324 Exhibit E Chapter 25.22 — Special Districts Sections in This Chapter 25.22.010 Purpose 22-1 25.22.020 Characteristics of Special Districts 22-1 25.22.030 Allowed Land Uses and Permit Requirements 22-1 25.22.040 Development Standards 22-3 25.22.010 Purpose The purpose of this chapter is to establish zoning districts in the City specifically reserved for public, institutional, and open space use and to provide a list of permitted uses and general development standards. These districts are consistent with and implement the City's General Plan as indicated in Table 25.04-1 (Zoning Districts). 25.22.020 Characteristics of Special Districts The following descriptions of each residential district identify the characteristic uses, intensity of uses, and level of development intended for that district. A. Public/Institutional (P). The purpose and intent of the P district is to provide for the orderly establishment of public facilities, expansion of their operations, or change in the use of lands owned, leased, or otherwise controlled by governmental agencies and for the orderly establishment of quasi -public institutional uses that are compatible with, and support, surrounding land uses. B. Open Space (OS). The open space district is intended to provide for areas reserved for parks, public or private recreation, protection of natural and developed open spaces,governmental public uses, or areas where a hazard to the public may exist. 25.22.030 Allowed Land Uses and Permit Requirements Table 25.22-1 (Use Matrix for Special Districts) identifies allowed uses and corresponding permit requirements for the special districts and all other provisions of this title. Use regulations in the table are shown with representative symbols by use classification listing: "P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an administrative use permit, "C" symbolizes uses that require approval of a conditional use permit, and "N" symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). 22-11Page Chapter 25.22 Special Districts ORDINANCE NO. 1324 Table 25.22-1: Use Matrix for Special Districts Key: P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) Special Zoning District P I OS Special Use Provisions Residential Uses Condominium' C N Dwelling, duplex' C N Dwelling, manufactured' C N Dwelling, mobile home' C N Dwelling, multifamily' C N Dwelling, second' P N 25.34.030 Dwelling, single-family' C N Farmworker housing' C N Group home' C N Planned unit development, residential' C N Recreation, Resource Preservation, Open Space, and Public Assembly Uses Apiary A P Botanical conservatory A P Cemetery C C Community facility C P Crops and horticulture, limited C P Historic landmark P P Institution, educational C C Institution, general C P Institution, religious C N Kennel C N Library A P Nursery N P Orchard N P Public park P P Recreation facility, commercial C C Recreation facility, private C N Recreation facility, public C P Stable, boarding N C Utility, Transportation, Public Facility, and Communication Uses Chapter 25.22 Special Districts 22-2/ Page ORDINANCE NO. 1324 Key: Special Zoning Special Use P=Permitted; A=Administrative Use Permit; District Provisions C=Conditional Use Permit; N=Not Permitted) P OS Commercial communication tower C C Section 25.34.130 Electric substation C N Fire station C P Maintenance facility (public only) C C Maintenance yard (public only) C C Public service facility C P Utility facility C C Retail, Service, and Office Uses Medical, hospital C N Office, local government A P Outdoor sales C N Recording studio C N Restaurant' N A Notes: 1. Government -supported, -funded and/or -operated only. 2. Recreation -oriented restaurants, eating and drinking places. 25.22.040 Development Standards The development standards in Table 25.22-2 (Special District Development Standards) are applicable to the special districts. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) in this ordinance, are intended to assist project designers in understanding the City's minimum requirements. Table 25.22-2: Special District Development Standards Special Zoning District P OS Dimensional Requirements' Lot area (minimum) None None Yard requirements None None Building height, max 35' 30' Notes: 1. Additional requirements may be required as part of conditional use permit or administrative use permit approval. 22-3/Page Chapter 25.22 Special Districts ORDINANCE NO. 1324 Exhibit F Chapter 25.28 — Overlay Districts Sections in This Chapter 25.28.010 Purpose 1 25.28.020 Senior Housing Overlay District 1 25.28.040 El Paseo Overlay District 4 25.28.060 Planned Community Overlay District 5 25.28.070 Freeway Commercial Overlay District 6 25.28.080 Scenic Preservation Overlay District 7 25.28.090 Drainageway, Floodplain, Watercourse Overlay District 8 25.28.100 Natural Factors/Restricted Development Overlay District 10 25.28.110 Seismic Hazard Overlay District 10 25.28.120 Bermuda Dunes Airport Area 12 25.28.010 Purpose The overlay zoning districts established in this chapter are designed to supplement the use regulations and/or development standards of the applicable underlying base zoning district by recognizing distinctive areas of the City that have special and unique social, architectural, or environmental characteristics which require special considerations not otherwise adequately provided by the underlying base zone applicable to the property. 25.28.020 Senior Housing Overlay District A. Purpose and Applicability. The purpose of the Senior Housing Overlay (SO) district is to provide optional standards and incentives for the development of a wide variety of specialized housing designed for and restricted to residents over the age of 55. Whenever the SO has been added to a base zone, the applicant may choose whether to use the optional SO standards or the standards of the base zone. B. Uses Permitted by Approved Precise Plan and Conditional Use Permit. Uses permitted by approved precise plan and conditional use permit shall be residential retirement developments consisting of attached or detached units for rent or sale and associated recreational facilities and involving varying degrees of support arrangements, ranging from completely independent living, congregation, assisted, and memory care to community food service and healthcare. C. Development Standards. Development standards shall be flexible to ensure efficient site planning and neighborhood compatibility and to reflect the unique requirements of persons over the age of 55. D. Density and Intensity. 28-1IPage Chapter 25.28 Overlay Districts ORDINANCE NO. 1324 1. Due to smaller unit and household sizes, project density (units per acre) shall be determined by intensity (persons per acre) and age. 2. Overall project population shall be calculated according to the following factors: Table 25.28-1: Persons per Unit in Senior Housing Unit Size Persons per Unit Studio 1.25 One bedroom 1.75 Two bedroom 2.00 3. Allowable Population/Gross Acre (P/A). Density shall be equal to P/A. The maximum density shall vary with project site area. Projects on larger sites will be allowed greater density due to increased opportunity for common open space and site planning efficiencies of scale. Table 25.28-2: Allowable Population per Gross Acre in Senior Housing Project Site Area P/A Less than 2.49 acres 30 2.5 to 9.99 acres 40 10 acres or more + 50 4. Senior housing projects shall be divided into two age restriction classifications: 55 minimum and 62 minimum. Due to greater activity levels of age 55 projects, allowable P/A shall be reduced by 25 percent. 5. Unit Sizes. Minimum allowable unit sizes in square feet (sf) shall vary according to presence or absence of a common project dining facility. Each unit shall contain, as a minimum, a kitchen including two burners, an oven, a refrigerator/freezer, a sink, counter space, and storage. Table 25.28-3: Unit Size in Senior Housing Unit Size Common Dining With Without Studio 360 sf 450 sf One bedroom 500 sf 600 sf Two bedroom 700 sf 800 sf Chapter 25.28 Overlay Districts 28-21 Page ORDINANCE NO. 1324 6. Example of Density and Intensity Calculations. The following table illustrates how projects of different characteristics would calculate allowable density and intensity limits: Table 25.28-4: Examples of Density and Intensity Calculations Project Permitted Unit Size Size Permitted Population Units (assumes all 2 bedroom) (without common dining) 5 acres 10 acres Age 55-62 Age 62 + Age 55-62 Age 62 + (25% reduction) 150 200 (40 P/A) 75 100 800 sf 375 500 (50 P/A) 188 250 800 sf E. Accessibility. 1. All second -story units shall be serviced by elevators. 2. All common areas shall be wheelchair accessible. 3. Handicapped unit design shall meet requirements for state Title 24 handicapped - access regulations. F. Parking Requirement. 1. Parking ratios based on age group shall be based on the following: Table 25.28-6: Parking Required for Senior Housing Age Minimum Parking Ratio 55 1.25 per unit 62 1.00 per unit 62+ 0.75 per unit' With Commission approval according to G.2. 2. Projects which by their design appeal to age categories significantly older than age 62 may request reduced parking requirements if it can be demonstrated that less demand will be generated. The Commission may reduce the parking requirement to 0.75 spaces per unit if the project applicant demonstrates less demand to the satisfaction of the Commission. G. Affordability Requirements. A portion of any project with 10 or more dwelling units shall be reserved and made affordable to lower- and moderate -income residents. 28-3/Page Chapter 25.28 Overlay Districts ORDINANCE NO. 1324 1. For projects between 10 and 99 units, 10 percent of the units shall be affordable to lower -income residents and 10 percent to moderate -income residents. 2. Projects with 100 or more units shall be required to provide an additional 5 percent affordable to very low-income residents. 3. The total number of these controlled units shall not exceed the additional units allowed by the SO district or the density allowed by the base zone. 4. The applicant shall be responsible for proposing the methods to achieve the program goal, which may vary depending upon the nature of the housing and the degree of additional services provided. 5. The Commission shall have flexibility in reviewing and approving innovative proposals. H. Very Low, Low, Moderate Income Defined. Very low income shall be equivalent to 50 percent of median income; lower income, 80 percent of median; and moderate income, 100 percent of median as shown on the latest US Department of Housing and Urban Development (HUD) estimates for the Riverside/San Bernardino area or on other, more specific HUD estimates for senior citizens. I. Projects approved under this section must be used solely for senior citizen housing unless special approval is granted by the Council. J. The applicant shall, as a condition of approval, submit a maintenance bond to ensure exterior maintenance for a period of time satisfactory to the City. 25.28.040 El Paseo Overlay District A. Intent and purpose. El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse but compatible businesses which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian -oriented uses, this chapter shall regulate the type of new uses which may occupy El Paseo street -level commercial frontage constructed after July 1, 1987. B. Permitted uses. The following retail/personal service uses shall be liberally construed to be permitted uses within the El Paseo pedestrian commercial overlay: 1. Art galleries 2. Book and card shops 3. Clothing and apparel shops 4. Furniture stores and home furnishings 5. Gift and accessories boutiques (including small antiques) Chapter 25.28 Overlay Districts 28-4/ Page ORDINANCE NO. 1324 6. Jewelry shops 7. Liquor, beverage, and food item shops 8. Luggage shops 9. Personal care/products shops and services (including barbering and cosmetology) 10. Restaurants 11. Sundries shops (general merchandise) C. Conditional uses. The Commission may, by conditional use permit, approve commercial uses not listed above if they are determined to be compatible with the intent and purpose of this chapter. 25.28.060 Planned Community Overlay District A. Purpose and applicability. The Planned Community Overlay district allows for the Council to establish larger areas for coordinated land use, and master planning purposes that may include multiple properties. Approval of a Development Plan as outlined in Section 25.72.040 is required for approval of a development in the Planned Community Overlay district. B. Requirements. 1. Site area. A minimum of 100 acres shall be required for a planned community development. 2. Master plan required. Any application for a planned community overlay zone shall be accompanied by a master plan for the entire area covered by the application. 3. Ownership. All land in a proposed overlay zone shall be held in one ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. 4. Utilities. The existing utilities systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the planned community overlay zone if determined necessary by the Director. C. Application. An application for an overlay zone shall be submitted by the owner, his or her authorized agent, or the purchaser of the land with the consent of the owner. The application shall be prepared by a qualified team of professionals and accompanied by the required application form, master plan, submittal materials, and other information as required by the Director. D. Procedure. 28-5/Page Chapter 25.28 Overlay Districts ORDINANCE NO. 1324 1. Upon receipt of a complete application for an overlay zone, the Department shall review the application materials and prepare a recommendation to the Commission. 2. The Commission shall hold a public hearing on such application. If it finds the criteria set forth in this chapter have been met, it may establish the overlay zone subject to such conditions as it deems necessary. The Commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety, or welfare. 3. Planned community development applications shall be forwarded along with the community master plan to the Council. The Council shall hold a public hearing and either approve, conditionally approve, or deny the community master plan. The decision of the Council shall be final. E. Termination of overlay zone. 1. The overlay zone and any master plan or other material approved as a part thereof shall become null and void if the physical development of the district is not commenced within two years from date of adoption of the resolution establishing the zone. 2. An extension of time, not to exceed one year, may be granted by the Commission when extenuating circumstances can be clearly shown by the applicant. The request for an extension of time shall be submitted to the Commission in writing prior to the expiration date and shall clearly state the reasons why the physical development of the district has not commenced and such overlay zone has not been utilized. 3. Partial physical development within the overlay and/or master plan is considered sufficient to maintain the overlay zone designation, and action by the Council in the form of a zoning amendment is required to alter the boundaries, master plan, or development standards. 25.28.070 Freeway Commercial Overlay District A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses only permitted in the FCOZ, the project must utilize FCOZ standards. B. Conditional uses. Uses permitted by approved conditional use permit shall be as follows: 1. Restaurants, general, including drive -through restaurants 2. Automobile service stations without regard to the required separation distance provisions per Section 25.34.090 (Automotive Service Stations) Chapter 25.28 Overlay Districts 28-61 Page ORDINANCE NO. 1324 3. Convenience stores 4. Car washes 5. Combinations of two or more of the above uses 6. Hotel 7. Commercial recreation and amusement establishments 8. Mini storage 9. Outdoor recreational vehicle and boat storage C. Development standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the Commission prior to any construction activity. The master plan approval is subject to the following: 1. Development of individual projects within the approved master plan shall be processed through the precise plan process. 2. Property to be master planned shall be at least 5 acres in size and shall have frontage on a designated arterial street. 3. Drive -up lanes and window facilities shall be designed in a manner that they are not visible from an arterial street. 4. Development standards shall generally be flexible to ensure efficient site planning and to foster the creation of attractive developments. 5. Automobile service stations shall comply with the requirements of Section 25.34.090 (Automotive Service Stations). D. Required on -site parking. The required number of parking spaces for a combined development shall be cumulative for all proposed uses. The Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e., a restaurant which serves a hotel), or with a showing of good cause, the Commission may increase the number of parking spaces required. E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile service stations pursuant to Section 25.34.090 (Automotive Service Stations). F. Landscaping. All master planned projects approved through the FCOZ process shall provide a minimum of at least 30 percent landscaped open space, of which at least half of the common usable public space can include a picnic area, a dog park, or a kids land, as well as landscaped setback areas. With a showing of good cause, the Commission may decrease the minimum landscaped open space requirement. 25.28.080 Scenic Preservation Overlay District A. Purpose. It is the purpose of the Scenic Preservation Overlay (SP) district to designate those scenic corridors that have a special aesthetic quality and to provide the 28-7/Page Chapter 25.28 Overlay Districts ORDINANCE NO. 1324 opportunity for special standards for development in these areas to protect that quality. This district and the related provisions may be applied according to the procedures established in Section 25.78.030 (Amendments —Zoning Ordinance). B. Permitted and conditional uses. Any permitted or conditional use which is allowed within the base district requires the review and approval of the ARC which shall have taken specific notice of the fact that such development is within a scenic corridor as noted within the City's General Plan. C. Development standards. At a minimum, the development standards of the underlying base district shall apply. The ARC may apply additional standards to ensure that the aesthetic quality of the scenic corridor is preserved. At a minimum, the ARC will consider the following: 1. Preservation of scenic vistas 2. Setbacks 3. Landscaping 4. Building heights 5. Signs 6. Mitigation of excessive noise impacts D. Specific standards. All SP designations added to the R-2 and R-3 residential districts on the zoning map shall be limited to one story, with the maximum height determined by a line of sight study. 25.28.090 Drainageway, Floodplain, Watercourse Overlay District A. Purpose and intent. The purpose of the Drainageway, Floodplain, Watercourse Overlay (D) district is to designate those areas of the City that are known to be subject to flooding. This designation and regulations herein are intended to achieve the following objectives: 1. To prevent loss of life and property and to minimize economic Toss caused by flood flows. 2. To establish criteria for land management and use in flood -prone areas that is consistent with that promulgated by the Federal Insurance Administration for the purpose of providing flood insurance eligibility for property owners. 3. To prohibit occupancy or the encroachment of any structure, improvement, or development that would obstruct the natural flow of waters within a designated drainageway, floodway, or watercourse. 4. To regulate and control uses below the elevation of the 100-year flood flow. Chapter 25.28 Overlay Districts 28-8/ Page ORDINANCE NO. 1324 B. Applicability. The D overlay district shall be applied to those areas that are known to be subject to flooding as determined by the Council, based on recommendations by the affected flood control district. C. Conditional uses. The following uses and structures shall be permitted in this overlay district subject to the issuance of a conditional use permit by the Commission: 1. New residential, commercial, industrial, and agricultural structures permitted by the underlying district regulations involved, and when they comply with all of the conditions listed below: i. Flood -proofing and/or flood protective measures shall be required to be installed in a manner meeting the approval of the chief engineer of the affected flood control district. ii. Building and health code requirements applicable to floodplain districts shall be complied with. iii. The bottom elevation or first floor of any structure shall be at least 1 foot above the level of the 100-year flood. Exceptions may be recommended by the building official only for nonresidential structures which are adequately flood -proofed, in accordance with the building code, up to the level of the 100-year flood. iv. Landfills, improvements, developments, or other encroachment effects on the 100-year flood level such that the water surface elevations of the 100- year flood are increased by more than 1 foot shall be fully offset by requirements for stream improvements meeting with the approval of the chief engineer of the affected flood control district. 2. Public utility facilities. 3. Recreation areas, parks, campgrounds, playgrounds, fishing lakes, hunting clubs, riding and hiking trails, golf courses, golf driving ranges, polo fields, athletic fields, parking lots, all of which involve only the open use of land without permanent structures or improvements. 4. Temporary and readily removable structures accessory to agricultural uses. D. Prohibited uses. The following uses are specifically prohibited in the D district: 1. Excavations that will tend to broaden the floodplain or direct flood flows out of the natural floodplain. 2. Landfills, improvements, developments, or other encroachments that would increase water surface elevations of the 100-year flood more than 1 foot or that cannot be fully offset by stream improvements. 3. Storage of floatable substances or materials which will add to the debris load of a stream or watercourse. 28-9/Page Chapter 25.28 Overlay Districts ORDINANCE NO. 1324 E. Development standards. The property development standards of the underlying zone shall apply insofar as they pertain to the uses of this district. F. Precise plan review. All development shall be subject to precise plan review as prescribed in Section 25.72.030 (Precise Plan). G. Special standards. 1. Development of hillside canyon areas shall not occur until hydrology is submitted which specifies techniques for management of runoff. The exact location of development shall include the determination resulting from a hydraulic study. 2. Other standards required under conditional use permits shall also apply. 25.28.100 Natural Factors/Restricted Development Overlay District A. Purpose. The purpose of the Natural Factors/Restricted Development Overlay (N) district is to provide for the continued availability of land for the conservation of natural resources and the preservation and protection of wildlife habitat areas and areas with significant natural vegetation as limited resources. The overlay district shall be applied as determined to have the desired characteristics specified above as determined by the Council through the amendment process. B. Permitted uses. All uses permitted in the underlying district shall be permitted in this district subject to careful consideration by the design review process of the preservation of the unique natural element of the property. C. Development standards. All the development standards and requirements set forth in the underlying district shall be complied with. Additional standards for development may be required by the precise plan review process to ensure that modification to existing natural vegetation and any disturbance of the terrain and natural land features are compatible with adjacent areas and will result in a minimum disruption to the wildlife habitat and natural vegetation on the site. D. Cost of investigations. All costs and expenses incurred as a result of the requirements of this chapter, including the cost and expenses of an independent review of the material submitted under this chapter by qualified persons retained by the City, shall be borne by the applicant. E. Site plan review. All development within this overlay district shall be subject to a precise plan review as provided in Section 25.72.030 (Precise Plan). 25.28.110 Seismic Hazard Overlay District A. Purpose. The purpose of the Seismic Hazard Overlay (SH) district is to protect life and property in the City from the hazards of seismic activity and to set requirements for the level of earthquake consideration that must be incorporated into development proposals prior to design and construction. The overlay district shall be applied to those areas that are known to be within the SH overlay zone. Chapter 25.28 Overlay Districts 28-10/ Page ORDINANCE NO. 1324 B. Permitted uses. All uses permitted in the underlying district are permitted subject to the obtaining of a conditional use permit approved by the Commission. C. Site development standards. All the development standards and requirements set forth in the underlying district shall be complied with. Standards and requirements in excess of those in the underlying district may be required in the conditional use permit to mitigate possible seismic -related impacts. D. Geological soils investigation. All applications for a conditional use permit in the SH district shall be accompanied by a combined in-depth geologic and soils investigation prepared by a registered geologist, certified by the state as an engineering geologist, and by a licensed civil engineer qualified in soil mechanics. Required geologic and soils investigations shall be based on the following considerations: 1. Adequate geologic mapping, trenching, and boring to determine that surface faulting and ground breakage has not occurred on the site and is unlikely to occur in the future. 2. Adequate boring and field and laboratory testing to determine accurately the subsurface profile and the static/dynamic properties of the soil/rock materials. 3. Thorough regional studies of all possible causative faults and fault systems which could generate motions at the site. 4. Studies to determine the character of ground motions at the site. 5. Calculation of design response spectra, based on repetition, and on structural properties (damping, ducting). 6. Careful dynamic design of cohesive structures with each element working as a part of the entire structural system. 7. Thorough study of the ways in which the structure might disassemble if it were to fail, and the inclusion of redundant backup features to control disassembly so that outright collapse cannot occur. 8. Design of anchorage and bracing for all critical infrastructure systems (examples: emergency power, heat, light, oxygen supply), based on factors derived from dynamic analysis, providing generous and conservative safety factors. The manufactured equipment and appurtenances purchased for such a facility should be designed likewise. E. Cost of investigation. All costs and expenses incurred as a result of the requirements of this chapter, including the cost and expense of an independent review of the material submitted under this chapter by qualified persons retained by the City, shall be borne by the applicant for the conditional use permit. F. Site plan review. Ali permitted uses, except single-family dwellings, and all conditional uses shall be subject to precise plan review as prescribed in Section 25.72.030 (Precise Plan). 28-11/Page Chapter 25.28 Overlay Districts ORDINANCE NO. 1324 25.28.120 Bermuda Dunes Airport Area A. Purpose. The purpose of the Bermuda Dunes Airport Area (BDA) district is to Seismic Hazard Overlay (SH) district is to adhere to the Bermuda Dunes Airport compatibility regulations within the Airport Influence Boundary. The overlay district shall be applied to those areas that are known to be within the BDA overlay zone, identified in the Riverside County Airport Land Use Compatibility Plan Policy Document and Figure 25.29-1. B. Permitted uses. All uses permitted in the underlying district are permitted subject to the Riverside County Airport Land Use Compatibility Plan Policy Document. Chapter 25.28 Overlay Districts 28-12/ Page ORDINANCE NO. 1324 Table 25.28-1 Bermuda Dunes Airport Compatibility Plan . .C.Nit..gl topmwwam .um Legend Can* t•hi Zama m.k 1.1 m.ar ,= Zero ep Zero la-E �] MeE mew' Aggaet• Leo NOM emo pr•a..0 .P+• .OF. J00 .m five n.w/ mat F A•.O M. FAA P a;rw?RX P.S Try.N eIe dr..�or nro.0 M Y+rrr Ye. rE 014. Cmfm t ,yak. M b arg40i0 pwy Rhlrold. w NrpeA d 11Com la .. mlrlon Rirwaide QpEmfy Alryo 1 f.arrd Use Compiftiffty plan Policy oocum•m r.•crop•d cam. Mb Doc., $.p ear CompatlaIlly Map e..mad. Dun*. Air pen 28-13fPage Chapter 25.28 Overlay Districts