HomeMy WebLinkAboutOrd 1279 - Received January 21, 2015 - ReplacementORDINANCE NO. 1279
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING AMENDMENTS TO THE PALM DESERT
MUNICIPAL CODE TITLE 25
NOW, THEREFORE, IT SHALL BE ORDAINED by the City Council of the City of Palm
Desert, California, that the following sections of the Palm Desert Municipal Code are hereby
amended as follows:
SECTION 1: Table 25.10-1 in Section 25.10.030 (Allowed Land Uses and Permit
Requirements) of the Palm Desert Municipal Code is hereby amended as modified in the
following rows:
Residential Zoning District
(P=Permitted; A=Administrative Use Permit;
L=Large Family Day Care Use Permit;
C=Conditional Use Permit; N=Not Permitted)
Special Use
Provisions
RE
R-1
R-2
R-3
RAM
HPR
I PR
Residential Uses'
Dwelling, duplex
N
N
P
P
N
N
NP
Dwelling, multifamily
N
N
P
P
N
N
PIP
25.10.040.A
Dwelling, single-family
P
P
P
N
N
P
PIP
Group home
P
P
P
N
N
P
NP
25.10.040.13
Agriculture -Related Uses
P
Retail, Service, and Office Uses
Hotel
N
N
N
C
N
N
NC
25.10.040.J
Resort hotel
N
N
N
NC
N
N
C
25.10.040.J
SECTION 2: That Section 25.10.040(F) and (J) (Specific Use Standards) of Palm Desert
Municipal Code is hereby amended to read as follows:
F. Large family day care. Large family day care facilities require the issuance of a large
family day care use permit in accordance with (Section 25.64.020 ) and are permitted
hemes shall be leeated RO Gloser thaR 300 feet iR all dliFeGtOORS kern anetheF large
family day Gare home. AR adjUStMeRt may be gFanted aGGGFding to Chapter
100feet.
ORDINANCE NO. 1279
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J. Hotel and resort hotel. In the R-3 zoning district, tThese uses are permitted up to a
maximum of 18 units per gross acre with the issuance of a conditional use permit. In the
PR zoning district, the maximum density shall be approved by the Commission and
Council.
SECTION 3: That Section 25.10.050(A)(4) (Development Standards) of Palm Desert
Municipal Code is hereby amended to read as follows:
ORDINANCE NO. 1209
4. Exception. The standards of subsections A.1 through A.3 of this section shall be
required unless modified by the one of the following:
•i. Precise Plan.
shall he required nless modified by the PFeG se plan of pry vrrarr—vc—runless m�pT h' �eS i.7r� h e
Commission and Council may approve a precise plan of design through a
public hearing process that modifies the standards in subsections A.1 through
A.3. Said precise plan shall take, to into consideration any and all
circumstances, including, but not limited to, viewshed, topography, color,
texture, and profile of any structure that the Commission or Council may
determine to be in conformity with the purposes set forth in this section.
•ii. Previously approved existing building pads. If a property owner can
demonstrate that a previous building pad was approved by the City or County
before incorporation, a home and accessory structure(s) may be built on a
Previously approved existing building pad without a public hearing. The
building size shall be limited to 35 percent of the lot, which may be increased
up to 50 percent with ARC approval. Enlarging a previously approved existing
building pad shall require a new public hearing subject to the provisions of
this chapter.
SECTION 4: That Section 25.10.050(B)(19) and (13)(20) (Development Standards) of
Palm Desert Municipal Code is hereby amended to read as follows:
19. Development standards within the PR districts may be modified through the precise
plan process as specified in Section 25.72.030
20. Approval criteria. The Commission and/or Council may approve a
precise plan only after finding that the requirements of this title and other ordinances
affecting the property have been satisfied. In granting such approval, the Council
may impose and enforce such specific conditions as to site development, phasing
and building construction, maintenance and operation as it deems necessary to carry
out the purposes of this title and the General Plan. All development within the PR
district shall comply with the development plan as approved and adopted by the
Council.
SECTION 5: Table 25.10-3 (Residential Zoning District Development Standards) in
Section 25.10.050 (Development Standards) is hereby amended as shown in Exhibit "A".
ORDINANCE NO. i 27g
SECTION 6: Table 25.16-1 in Section 25.16.030 (Allowed Land Uses and Permit
Requirements) of the Palm Desert Municipal Code is hereby amended to modify the following
rows in the Use Matrix for Residential Districts. Table 25.16-1: Use Matrix for Commercial and
Industrial Districts
Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit;
C=Conditional Use Permit; N=Not Permitted)
Special Use
Provisions
OP
C-1
PC-1
I PC-2
PC-3
PC-4
SI
PI
Retail, Service, and Office Uses
Medical, office
P
P
P
P
P
N
NP2
N
Office, professional
P
P
N
P
P
P
P2
N
Personal services
N
P
N
N
NP
P
N
N
r11 c 11.1uncrn .nay VU 1JU1,11 U vvnrr all nunnnlouallva VJc r-willll Uul may UG uluvaivu IV a tauliumulldl VJC
Permit at the discretion of the ZA based on: parking, traffic, or other impacts.
Medical office and Professional office uses are allowed in Service Industrial zones for properties that have provided
4 parking spaces per 1 000 square feet of office use.
SECTION 7: That Section 25.34.020(G)(7) (Home Occupations) of Palm Desert
Municipal Code is hereby amended to read as follows:
7. The home -based business shall not involve the use of commercial vehicles
exceeding the manufacturer's gross vehicle weight rating of 10,000 pounds or more
except for delivery of materials to or from the premises.
SECTION 8:
Requirements) of the
following rows:
Table 25.46-1: (Parking Schedule) in Section 25.46.040 (Parking
Palm Desert Municipal Code is hereby amended as modified in the
Use
Minimum Stalls Required
Residential Uses
Cluster housing
Two and more bedrooms
2-.5 per unit
Retail, Service, and Office Uses
Hotels
1 per guest unit3
SECTION 9: Table 25.56-2 (Signs Allowed in Commercial and Industrial Zoning
Districts) in Section 25.56.070 (Permanent Signs) is hereby amended as modified in the
following rows:
ORDINANCE NO. 1279
Sign Class
Allowed
Sign
Types_
Max.
Number
of Signs
Max. Sign
Area
Max.
Sign
Height
Sign
Location
Lighting
Allowed
Additional
Requirements
Building -Mounted Signage
1a. Business
identification
sign
Up to 50 ft. of
building
frontage
Flush-
mounted
or
projecting
Building-
mounted
wall sign
One per
building
frontage
Below
eave line
of
building
and not
higher
than 20
ft.
Sign shall be
located
adjacent to
the right -of-
way from
which its
area is
determined
Yes
Section
25.56.080.A
1 sq. ft. of
Max sign area
may decrease if
sign area per
the size of the
Within 100 ft.
of public ROW
lineal foot of
building
frontage
sign is not in
harmony with the
design of the
Max. sign
building.
area 50 sq. ft.
1.5 sq. ft. of
Max sign area
may decrease if
More than 100
sign area per
lineal foot of
the size of the
sign is not in
ft. from public
ROW
building
frontage
harmony with the
design of the
Max. sign
building.
area 75 sq. ft.
1b. Business
identification
sign
50-100 ft. of
building
a fronta
g
Flush-
mounted
or
projecting
building-
mounted
wall sign
One per
building
frontage
Below
eave line
of
building
and not
higher
than 20
ft.
Sign shall be
located
adjacent to
the right -of-
way from
which its
area is
determined
Yes
Section
25.56.080.A
50 sa, ft, of
Max sign area
sil7n area for
first 50 ft. of
fron e• and
0.5 sq. ft_ of
may decrease if
the size of the
Within 100 ft.
of public ROW
sign area for
sign is not in
each lineal $
of building
harmony with the
fmntage up to
design of the
building.
100 ft•
Max sign area
75 sq. ft.
ORDINANCE NO. 1279
Sign Class
Allowed
Sign
T es
Max.
Number
of Signs
Max. Sign
Area
Max.
Sign
Height
Sign
Location
Lighting
Allowed
Additional
Requirements
75 sq. ft. of
sign area for
first 50 ft. of
frontage; and
Max sign area
may decrease if
More than 100
ft. from public
ROW
0.5 sq. ft. of
sign area for
each lineal ft.
of building
the size of the
sign is not in
harmony with the
design of the
frontage up to
building.
100 ft.
Max. sign
area 100
s .ft.
1c. Business
identification
sign
More than 100
ft. of frontage
Flush-
mounted
or
projecting
building-
mounted
wall sign
One per
building
frontage
75 sq. ft. E)
sigR fe
Below
eave line
of
building
and not
higher
than 20
ft.
Sign shall be
located
adjacent to
the right -of-
way from
which its
area is
determined
Yes
Section
25.56.080.A
aFea
first 100 f�
of
#Rd
9.25
.-, E)
�
sign for
—area
eas# fiflealft.
of building
frontage in
excess
Of10
ft,
44(�-75 sq. ft.
of sign area
Within 100 ft.
of public ROW
for first 100 ft.
of frontage;
a
and 0.25 sq.
a of sign
area for each
lineal ft. of
building
frontage in
ARC
approval
required
Max sign area
may decrease if
the size of the
sign is not in
harmony with the
design of the
buildin .
excess of 100
ft.
100 sg. ft. of
sign area for
first 100 ft. of
frontage: and
More than 100
ft. from public
ROW
ARC
approval
required
Max sign area
0.25 sg. ft. of
sign area for
may decrease if
each lineal ft.
the size of the
of building
sign is not in
frontage in
harmony with the
excess of 100
design of the
ft Ma* --sign
area
building.
as
ARG
SECTION 10: 25.60.060(C)(3) (Public Hearing and Public Notice) of Palm Desert
Municipal Code is hereby amended to read as follows:
3. Appeal. A ZA determination may be appealed to the Commission for a final
determination according to Section 25.60.080.
ORDINANCE NO. 1279
SECTION 11: Table 25.60-1 (Approving authority for Land Use Permits/Entitlements) in
Section 25.60.070 (Approving Authority) of the Palm Desert Municipal Code is hereby amended
as modified in the following rows:
Type of Entitlement, Permit, or
Decision
ZA
Director
ARC
PC
CC
Certificates of use and occupancy
F
A
A
Temporary use permits
F
A
A
Home -based business permits
F
A
A
Large family day care use permits
F
A
AF
ARR
Adjustments
F
A
AF
ARR
Administrative use permits
F
A
AF
ARR
Reasonable accommodation
F
A
AF
ARR
Design reviews
R
F
A
Sign design review
R
F
A
Zoning decision
F
A
A
Use determinations
R
F
A
Precise plans
R
R'-
F
A
Development plans
R
R-
F
A
Conditional use permits
R
R'-
F
A
Condominium conversion permits
R
F
A
Variances
R
R
F
A
Planned community developments
R
R'-
R
F
Amendments —zoning ordinance
R
R
F
Amendments —zoning map
R
R
F
Prezoning for annexed areas
R
R
F
Development agreements
R
R
F
General Plan updates
R
R
F
Director=Director of Community Development, ZA=Zoning Administrator, ARC Architectural Review
Commission, PC=Planning Commission, CC=City Council, R=Review Body, F=Final Decision
(unless appealed), and A=Appeal Body, and RR=Request Review only.
Footnotes:
1. A final determination is made by the ARC for design -related variapees-decisions as specified in
Chapter 25.68 (Decisions by the Architectural Review Commission)
SECTION 12: 25.60.080 (Appeals) is hereby amended to add the following language:
25.60.080 Appeals and Request for Review
G. Review by Council. The Council retains ultimate iurisdiction and authoritv to
determine whether any approval, denial or other decision rendered by the ZA.
Director, ARC, or the Commission is consistent with the goal and policies
established by the City and the requirements of this title. Any member of the
Council may call up for review any approval, denial or other decision made
pursuant to this title by delivery to the Director a request for review within 15
calendar days of the date of the decision, which will identify the decision to be
ORDINANCE NO. 1279
reviewed and may, but is not required to, specify the concerns of the
councilperson with respect to the decision.
H. Request for review is not an appeal. The Council request for review shall not
constitute an appeal. A request for review is an indication only that a
councilperson considers the decision important enough to warrant review by the
Council to ensure the decision is consistent with the goals and policies
established by the City and the requirements of this title. The councilperson who
files a request for review need not take a position in favor or against the decision
and a request for review shall not be construed to be an indication of approval or
disapproval of the decision. The filing of a request for review shall suspend any
permit issued pursuant to the ruling of the ZA, Director. ARC. or the Commission
until the request for review has been decided.
SECTION 13: 25.62.020(A) (Nonconforming Lots, Buildings, and Uses in Residential
Zones) is hereby amended as follows:
A. All nonconforming uses within any SORE'=ilk-residential zone shall be terminated
or made to conform within 5 years after the adoption of any new zoning regulations.
SECTION 14: 25.62.030(A) and (E) (Nonconforming Lots, Buildings, and Uses in
Nonresidential Zones) is hereby amended as follows:
A. Nonconforming lots. A nonconforming lot may be developed if it has been legally
created and the construction proposed is conforming.
E. Change in status of nonconforming use. If a nonconforming use is discontinued
for a period of s4-6 months or is succeeded by another and conforming use, it is
evidence that the nonconforming use has ended and any vested right to the
continuance of such use is terminated.
SECTION 15: 25.62.080 (Conforming Process for Legal Nonconforming Residential
Uses in Residential Zones and Office Professional Zones) is hereby amended as follows:
Legal nonconforming residential uses in R 1, R 2, ,residential zones and OP zones
may apply for legal conforming status if they are brought into substantial compliance with
present design quality standards. The ARC shall receive and review applications for conforming
status. As part of its review the ARC may require significant upgrading and rehabilitation of the
existing facility consistent with the constraints of the original site plan. Reduction in the project
dwelling unit total will only be considered if it is required to protect public health and safety. If a
rehabilitation plan is approved by the ARC, required work must occur within one year. Once the
plan has been satisfactorily completed, a certificate of conforming status will be issued.
Certificates of conformance include a requirement that the project be maintained substantially in
the condition specified by the rehabilitation plan, in perpetuity. Failure to maintain the property
could result in revocation of conforming status. Decisions of the ARC may be appealed to the
Council.
SECTION 16: 25.64.020(B)(5) (Large Family Day Care Use Permits) is hereby amended
as follows:
ORDINANCE NO. 1279
5. In addition to submission of a completed application form as
provided by this chapter, the applicant shall submit the following documentation:
SECTION 17: 25.64.020(C) (Large Family Day Care Use Permits) Application Fee is
hereby removed and the number/letter value of 25.64.020 (C) will be replaced with the current
25.64.020(D) "Notice to property owners":
C.
appliGations fer use permits pursuant te this Ghapter on an amount W be set by reSE)k
ef the GOURGil. Said fee shall RGt eXGeed the City's GOSt of administeFing the review a
SECTION 18: 25.64.020(E) (Large Family Day Care Use Permits) "Appeal of decision"
(currently 25.64.020(F)) is hereby amended to read as follows:
E. Appeal of decision. The applicant or other affected person may appeal the decision to
grant or deny an application for a use permit pursuant to this chapter to the Commission.
The Commission's decision shall be final unless the matter is called up for review by the
Council within 15 calendar days of the Commission's decision. The appellant shall pay
the City's costs, if any, of processing and conducting the appeal. The amount of such
costs shall be estimated in advance by the ZA or his or her designee and the appellant
shall deposit said amount with the City before the City will process the request for an
appeal. If at the end of the appeal the City's actual costs were less than the estimate,
then the City shall refund the unused portion of the deposit to the appellant. In the event
that the City's costs exceeded the amount of the deposit, then the appellant shall pay the
amount of the difference to the City.
SECTION 19: 25.64.020 (Large Family Day Care Use Permits) is hereby amended to
add the following language:
•H. New applications. Following the denial of a large family day care use permit application
or the revocation of a large family day care permit, no application for a large family day
care use permit for the same or substantially the same business on the same or
substantially the same site shall be filed within one year from the date of denial or
revocation of the large family day care use permit.
SECTION 20: 25.78.020(B)(2) and(B)(3) (Hillside Development Plan) is hereby
amended as follows:
2. Notice. All development of parcels within the Hillside Planned Residential Zoning
District that do not meet the exceptions requirement as described in 25.10.050
shall require notice of a public hearing not less than 10 days or more than 30
days prior to the date of the hearing by publication in the newspaper of general
circulation in the city and mailing notices via United States Postal Service to
parties whose name appear on the latest adopted tax rolls of Riverside Countv
as owning property within 4,000 feet of the exterior boundaries of the property
that is the subiect of the hearing, and by notification to all homeowners
associations within the city south of Haystack Road.
ORDINANCE NO. 1279
3. The ARC shall hold a public hearing on such application and se+asideF a -make a
recommendation to the Commission _o approve the design of the development
SECTION 21: Chapter 25.99 (Definitions) is hereby amended to add the following
language:
Domestic animal. Means any domesticated animal or household pet that is not sold for
commercial purposes and that is commonly maintained in a dwelling unit
Lot coverage. The percentage of a lot covered by the total square footage of the main
building, garage, and/or anyaccessory huildinas _that are laraer than _1.50 square feet.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California, at its regular meeting held on the day of by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUSAN MARIE WEBER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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