HomeMy WebLinkAbout2023-02-21 PC Regular Meeting Agenda Packet
City of Palm Desert Page 1
PLANNING COMMISSION
CITY OF PALM DESERT, CALIFORNIA
AGENDA
(HYBRID MEETING)
City Hall – Council Chamber
73510 Fred Waring Drive
Palm Desert, CA 92260
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference.
• To participate via Zoom, use the following link: https://palmdesert.zoom.us/j/84739707419.
• To participate via phone: Dial (213) 338-8477 or (602) 753-0140, enter the Zoom Webinar ID:
847 3970 7419 followed by #. Indicate that you are a participant by pressing # to continue.
During the meeting, press *9 to add yourself to the queue and wait for the Recording Secretary
to announce your name/phone number. Press *6 to unmute your line and limit your comments
to three minutes.
• Written public comment may also be submitted to planning@palmdesert.gov. Emails received
by 3:00 p.m. prior to the meeting will be distributed to the Commission. Any correspondence
received during or after the meeting will be distributed to the Commission as soon as
practicable and retained for the official record. Emails will not be read aloud except as an
ADA accommodation.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. NON-AGENDA PUBLIC COMMENT: This time has been set aside for the public to address
the Planning Commission on issues that are not on the agenda for up to three minutes.
Because the Brown Act does not allow the Commission to act on items not listed on the
agenda, members may briefly respond or refer the matter to staff for a report and
recommendation at a future meeting.
5. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine
and may be approved by one motion. The public may comment on any items on the Consent
Agenda within the three-minute time limit. Individual items may be removed by Commissioners
for a separate discussion.
Tuesday
February 21, 2023
6:00 p.m.
Regular Meeting
Planning Commission Agenda February 21, 2023
City of Palm Desert Page 2
A. APPROVAL OF MINUTES
RECOMMENDATION: Approve the Planning Commission Regular Meeting minutes of
January 17, 2023.
CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate
discussion are considered at this time.
6. ACTION CALENDAR
None
7. PUBLIC HEARINGS: Anyone who challenges any hearing matter in court may be limited to
raising only those issues he or she raised at the public hearing described herein, or in written
correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Remarks shall be limited to a maximum of three minutes unless the Planning Commission
authorizes additional time.
A. CONSIDERATION OF A RECOMMENDATION OF APPROVAL TO THE PALM
DESERT CITY COUNCIL FOR A ZONING ORDINANCE AMENDMENT TO MODIFY
PALM DESERT MUNICIPAL CODE TITLE 25 (ZONING)
RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution
No. 2828 to:
1. Recommend approval to the Palm Desert City Council for approval of Zoning
Ordinance Amendment (ZOA) 23-0001 to modify Palm Desert Municipal Code Title
25 (Zoning).
8. INFORMATIONAL REPORTS & COMMENTS
A. SUMMARY OF CITY COUNCIL ACTIONS
B. COMMITTEE MEETING UPDATES
1. Cultural Arts Committee
2. Parks and Recreation Commission
C. PLANNING COMMISSIONERS
D. CITY STAFF
E. ATTENDANCE REPORT
9. ADJOURNMENT: The next Regular Meeting will be held on March 7, 2023, at 6:00 p.m.
Planning Commission Agenda February 21, 2023
City of Palm Desert Page 3
AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury under the laws of the State of California that the
foregoing agenda for the Planning Commission was posted on the City Hall bulletin board and
City website not less than 72 hours prior to the meeting.
Monica O’Reilly
Recording Secretary
PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated
office for inspection of records in connection with this meeting is the Development Services
Department, City Hall, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda
items and documents provided to a majority of the legislative bodies are available for public
inspection at City Hall and on the City’s website at www.cityofpalmdesert.org.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with
the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at
this meeting, or in meetings on a regular basis, you will need special assistance beyond what
is normally provided, the city will attempt to accommodate you in every reasonable manner.
Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the
meeting to inform us of your needs and to determine if accommodation is feasible.
City of Palm Desert Page 1
ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES
PLANNING COMMISSION
CITY OF PALM DESERT, CALIFORNIA
MINUTES
Pursuant to Assembly Bill 361, this meeting was conducted by teleconference, and there
was in-person public access to the meeting location.
1. CALL TO ORDER
A Regular Meeting of the Planning Commission was called to order by Chair DeLuna on
Tuesday, January 17, 2023, at 6:00 p.m.
2. ROLL CALL
Present: Commissioners John Greenwood, Ron Gregory, Lindsay Holt, Vice-Chair Joseph
Pradetto, and Chair Nancy DeLuna.
Absent: None.
Staff
Present: Robert Hargreaves, City Attorney, Richard D. Cannone, AICP, Director of
Development Services; Rosie Lua, Deputy Director of Development Services; Nick
Melloni, Senior Planner; and Monica O’Reilly, Executive Administrative Assistant.
3. PLEDGE OF ALLEGIANCE
Commissioner Gregory led the Pledge of Allegiance.
4. NON-AGENDA PUBLIC COMMENT:
None.
5. CONSENT CALENDAR:
The staff report(s) and Zoom video of the meeting are available on the City’s
website. Click on the following link to access: www.cityofpalmdesert.org/our-
city/committees-and-commissions/commission-information.
Tuesday, January 17,
2023
6:00 p.m.
Regular Meeting
Planning Commission Minutes January 17, 2023
City of Palm Desert Page 2
A. APPROVAL OF MINUTES
RECOMMENDATION: Approve the Minutes of December 6, 2022.
MOTION BY COMMISSIONER GREENWOOD, SECOND BY VICE-CHAIR PRADETTO,
CARRIED 5-0, to approve the Planning Commission Regular Meeting minutes of
December 6, 2022.
CONSENT ITEMS HELD OVER:
None.
6. ACTION CALENDAR
None.
7. PUBLIC HEARINGS
The staff report(s) and Zoom video of the meeting are available on the City’s
website. Click on the following link to access: www.cityofpalmdesert.org/our-
city/committees-and-commissions/commission-information.
A. CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); AND APPROVE AN
AMENDMENT TO A PRECISE PLAN AND CONDITIONAL USE PERMIT TO
EXPAND AN EXISTING CARMAX AUTO SALES FACILITY BY CONSTRUCTING
A BUILDING ADDITION TO AN EXISTING SALES BUILDING, A NEW PRIVATE
CARWASH TUNNEL, EXPANSION OF AN EXISTING CUSTOMER PARKING LOT,
AND CONSTRUCTION OF A NEW SALES STAGING AREA AT 73450 DINAH
SHORE DRIVE (APN 694-060-034 AND -036)
Senior Planner Melloni narrated a PowerPoint presentation on this item.
Chair DeLuna opened the Public Hearing.
Mr. Brian Pulsifer, the applicant, thanked the Planning Commission and City staff and
mentioned that the Palm Desert CarMax is a high-performing store and the reason for
their proposed expansion. Mr. Pulsifer and his team were available to answer any
questions.
There being no one desiring to speak, the Public Hearing was closed.
At Commissioner Gregory’s request, staff displayed perspectives of the landscape for
CarMax. He used this project as an example to voice his concern with poor landscape
maintenance and would like the City to take landscaping more seriously.
MOTION BY COMMISSINER GREENWOOD, SECOND BY COMMISSIONER
GREGORY, CARRIED 5-0, approving Planning Commission Resolution No. 2827 to:
Planning Commission Minutes January 17, 2023
City of Palm Desert Page 3
1. Adopt a Notice of Exemption for a Class 32 Categorical Exemption in accordance with
CEQA.
2. Approve Precise Plan/Conditional Use Permit 17-059 Amendment No. 1 and
Environmental Assessment 22-0007 to expand an existing CarMax Auto Superstore
located at 73450 Dinah Shore Drive.
8. INFORMATIONAL REPORTS & COMMENTS
A. SUMMARY OF CITY COUNCIL ACTIONS
Development Services Director Cannone summarized City Council actions from the
December 15 meeting, which included the following:
• Adopted 2022 Building Codes.
• Adopted an emergency ordinance relating to accessory dwelling units (ADUs).
• Revoked a Business License for the Sweet Spot Club for failure to comply with
the Conditional Use Permit Conditions of Approval.
Lastly, the City received an appeal from a resident for the multifamily project (394 units)
located at Frank Sinatra Drive and Portola Avenue. The appeal would go before the City
Council on January 26. He also responded to an inquiry regarding the revoked business
license.
B. COMMITTEE MEETING UPDATES
1. Cultural Arts Committee
Commissioner Holt updated the Commission on the Haystack Road improvements, public
meetings for the North Sphere park, the El Paseo sculpture exhibition, the new mural on
San Pablo Avenue, and the San Pablo Avenue roundabout art installation delays.
Chair DeLuna said she attended a couple of the public meetings for the North Sphere park
and stated that the City and consultant did an excellent job on community outreach for the
proposed park.
2. Parks and Recreation Commission
None.
C. PLANNING COMMISSIONERS
Commissioner Greenwood referred to the appeal for the multifamily project, noting that
the Architectural Review Commission denied the project and then it was brought to the
Planning Commission for approval. He asked if there could be a study on other options
moving forward, voicing his concern that people can take advantage of housing laws and
legislation. Staff responded to Commission inquiries.
Commissioner Gregory reiterated that there is poor landscape maintenance in the City
and felt it is a very serious issue. He requested a response or report on this subject to
make something happen. Mr. Cannone responded that the Senior Planner would work
Planning Commission Minutes January 17, 2023
City of Palm Desert Page 4
with the two newly hired assistant planners to conduct landscape inspections.
Additionally, staff would provide a plan or report by the end of February 2023. Staff could
set up a workshop if additional questions or information is requested by the Commission.
D. CITY STAFF
Deputy Director Lua reported that the Commission Chair and Vice-Chair would be
attending this year’s Planning Commissioners Academy. Staff would budget to send two
additional Commissioners in 2024 and one Commissioner in 2025. She also briefed the
Commission on the ADU ordinance; the City Attorney and staff responded to inquiries
from the Commission regarding ADUs.
E. ATTENDANCE REPORT
The attendance report was provided with the agenda materials. The Commission took no
action on this matter.
9. ADJOURNMENT
The Planning Commission adjourned the meeting at 6:42 p.m.
Respectfully submitted,
Monica O’Reilly, Executive Administrative Assistant
Recording Secretary
ATTEST:
Richard D. Cannone, AICP, Director of Development Services
Secretary
APPROVED BY THE PLANNING COMMISSION: XX/XX/XXX
Page 1 of 5
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 21, 2023
PREPARED BY: Nick Melloni, Principal Planner
REQUEST: CONSIDERATION OF A AND RECOMMENDATION OF APPROVAL
TO THE PALM DESERT CITY COUNCIL FOR A ZONING
ORDINANCE AMENDMENT TO MODIFY PALM DESERT
MUNICIPAL CODE TITLE 25 (ZONING)
RECOMMENDATION:
Waive further reading and adopt Planning Commission Resolution No. 2828 to:
1. Conduct a public hearing and receive public testimony.
2. Recommend approval to the Palm Desert City Council for approval of Zoning Ordinance
Amendment (ZOA) 23-0001 to modify Palm Desert Municipal Code Title 25 (Zoning).
EXECUTIVE SUMMARY:
Adopting the staff’s recommendation will approve a recommendation of approval to the
Palm Desert City Council for a ZOA for Title 25. The proposed changes correct grammar
and inconsistencies within the ordinance. Other notable changes include the removal of
requirements for Large Family Daycare Use Permits to ensure consistency with state law
per Senate Bill 234 (SB 234) and requirements that requests for sports courts provide
adequate documentation analyzing noise impacts on adjacent residential uses.
BACKGROUND/ANALYSIS:
In January 2023, staff initiated a review of Title 25 for internal consistencies. The proposed
modifications to the Palm Desert Zoning Ordinance consist of amendments to revise
grammatical errors, remove outdated references to zoning districts, and updates per
requirements of state law. The proposed revisions do not add zoning requirements or
implement policy changes. The following outlines the changes under each Title 25 chapters
and respective sections:
Chapter 25.02 INTRODUCTORY PROVISIONS
The proposed amendments to this chapter include corrections of spelling errors and
changes to references to the “Community Development Department” to the “Development
Services Department.” The Department name change occurred in 2021. This change will
only affect Title 25; other references will be revised as a part of a separate and future
Municipal Code amendment by the City Attorney.
City of Palm Desert
Case Nos. ZOA23-0001 – Title 25 Code Amendment
Page 2 of 5
Chapter 25.10 RESIDENTIAL DISTRICTS
The proposed amendments to this chapter include corrections of spelling errors, updates to
allowed land uses under Table 25.10-1: Use Matrix for Residential Uses, and removal of
special permit requirements for Large Family Daycares.
In September 2019, the State of California passed SB 234, which changed state law by
preventing local jurisdictions from requiring a permit to allow the use of residential
properties as large family daycare (LFDC) homes, which provide care for up to 14 children.
The City’s ordinance currently requires LFDCs to obtain approval for Large Family Daycare
Use Permit from the City’s Zoning Administrator before operating. The proposed revisions
to the land use table eliminates requirements for City permits and allow LFDCs as a
permitted land use to ensure consistency with state law.
Additionally, staff is proposing to delete the “Dwellings, second” land use category as the
use is not defined elsewhere in the ordinance and is adequately addressed by the City’s
Accessory Dwelling Unit provisions. Other additions include references for special use
standards for Home Occupation Permits and Apiary (beekeeping). Finally, staff is revising in
error in the residential development standards table (Table 25.10-3: Residential Zoning
District Development Standards) to restrict the R-1 less than10,000 square foot to single-
story.
Chapter 25.16 COMMERCIAL AND INDUSTRIAL DISTRICTS
Proposed amendments to this section consist of updates to Table 25.16-1: Use Matrix for
Commercial and Industrial Districts, correction of typos, and addition of the Secondary
Street type to Table 25.16-2 for consistency with the Palm Desert General Plan.
Changes to the land use table include adding land use and permit requirements for
“Accessory massage establishment” and “Independent stand-alone massage” and
reference to the applicable special use provisions. This change ensures internal
consistency for the code and clarifies where the uses are allowed and prohibited.
Changes for typos ensures that the text references the correct tables within the Code under
Chapter 25.16.050 Development Standards. Staff is also adding a reference to “Secondary”
streets under Table 25.16-2; this table references perimeter setback requirements and
establishes a setback based on the street classification. The “Secondary” street is identified
in the Palm Desert General Plan Circulation Element and is now included in the table for
clarity to ensure the appropriate setback is applied based on the street classification.
Chapter 25.18.040 Land Use and Permit Requirements
The proposed changes correct previous drafting errors in the ordinance, which affect Table
25.18-1. Use Matrix for Downtown Districts. In November 2016, the Palm Desert City
Council adopted the Highway 111 Development Code under Ordinance No. 1313. This
original ordinance provided a footnote on Table 25.18-1, which prohibited certain land uses
on El Paseo ground-floor frontages. In October 2019, the Palm Desert City Council adopted
Ordinance No. 1350A for an amendment to the El Paseo Overlay District and Highway 111
Development Code to allow Professional Office Uses on the ground floor of El Paseo
frontages within the El Paseo Overlay District. The ordinance inadvertently removed the
City of Palm Desert
Case Nos. ZOA23-0001 – Title 25 Code Amendment
Page 3 of 5
prohibition for certain other land uses. The proposed amendment will restore the prohibition
for certain uses and create a separate footnote for Office, Professional uses. Staff is also
proposing to add a footnote to allow Home Occupation uses for residential uses within
approved housing or mixed-use developments.
Chapter 25.28.060 Planned Community Overlay District
Staff is proposing that this section be revised by removing the reference to Section
25.72.040 for Development Plans and replacing it with Precise Plans. Development plans
are no longer codified in Title 25 as they were repealed by the City Council in January 2016
under Ordinance No. 1303.
Chapter 25.28.120 Bermuda Dunes Airport Area
Staff is revising a typo referencing a figure showing the map for the Bermuda Dunes Airport
Compatibility Plan adopted by the Riverside County Airport Land Use Commission.
Chapter 25.34.020 Home Occupations
Staff is revising a typo under the Residential Estate (RE) Exceptions section, which allows a
commercial vehicle up to 10,000 pounds to be parked on properties that are zoned RE. The
ordinance incorrectly references 1.5 tons (3,000 pounds), which is incorrect with the
allowances of the performance standards section of this chapter that allows a 10,000-pound
vehicle.
Chapter 25.40.030 Projections into Required Setbacks
The proposed amendment adds a footnote to the table clarifying that Accessory Dwelling
Units (ADUs) and Junior Accessory Dwelling Units (JADUs) must comply with the minimum
setback requirements established under Section 25.34.030 of the Palm Desert Municipal
Code (PDMC).
Chapter 25.40.030 Private Tennis Courts and Sport Courts
The proposed amendments specify that all applications for new or modified sports courts
shall require the submittal of documentation demonstrating the proposed court will have
minimal noise impacts on adjacent residential uses.
Chapter 25.40.090 Screening
The proposed amendments remove references to the Planned Industrial (PI) zoning district.
This zoning district no longer exists. The changes also correct references to “Industrial”
districts to reference the “Service Industrial” zoning districts.
Chapter 25.46 Off-street Parking and Loading
Staff is proposing to amend Sections 25.46.040 and 25.46.070, which reference the C-1
zoning district for in-lieu of parking fees and joint-use parking requirements. The C-1 zoning
district no longer exists and was replaced by the Highway 111 Development Code in 2016.
The proposed revisions reference the Downtown Districts per Chapter 25.18 of the PDMC.
City of Palm Desert
Case Nos. ZOA23-0001 – Title 25 Code Amendment
Page 4 of 5
Chapter 25.60.150 Certificate of Use and Occupancy
The proposed revisions change references of the Zoning Administrator to the Director of
Development Services to ensure consistency with the approval authority established under
Table 25.60-1: Approving Authority for Land Use Permits/Entitlements.
Chapter 25.60.160 Application Withdrawal
The proposed revision to the Title will add a new chapter outlining the process for
withdrawal application. This specifies that applications may be formally withdrawn by
preparing a letter to the Director of Development Services. The new section also states that
planning applications which are not acted upon by applicants for 60 days or more will be
deemed abandoned and withdrawn.
Chapter 25.64.020 Large Family Day Care Permits
Staff is proposing that this section be repealed in its entirety as the State of California
passed SB 234 in 2019, which prohibits local jurisdictions from requiring permits to operate
large family day cares within residential dwellings.
General Update
Staff has revised all references to gender so that they are neutral pronouns.
Public Input:
Public Notification
Public noticing was conducted for the February 21, 2023, Planning Commission meeting
per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to
65094. A public hearing notice was published a minimum of 10 days before the hearing
date on Friday, February 10, 2023, in The Desert Sun newspaper.
Environmental Assessment/Environment Review:
Staff recommends that the Planning Commission of the City of Palm Desert finds that the
adoption of this ordinance has been analyzed for compliance with the California
Environmental Quality Act (CEQA) pursuant to CEQA (Pub. Resources Code, § 21000 et
seq.) (CEQA) and the state CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). It
has been determined that the amendments do not meet the definition of a project because the
amendments do not have the potential to cause either a direct physical change or a
reasonably foreseeable indirect physical change in the environment. The proposed
amendments are consistent with the General Plan’s goals of ensuring the quality of life for the
community. Because the amendment is not a project under CEQA, they are not subject to
further environmental review.
Findings of Approval:
Findings can be made in support of the project under the City’s Municipal Code. Findings in
support of this project are contained in Planning Commission Resolution No. 2828, attached to
this staff report.
City of Palm Desert
Case Nos. ZOA23-0001 – Title 25 Code Amendment
Page 5 of 5
REVIEWED BY:
Department Director: Richard D. Cannone, AICP
Deputy Director: Rosie Lua
ATTACHMENTS:
1. Draft Planning Commission Resolution No. 2828
2. Draft Exhibit A: Zoning Ordinance Amendment
3. Public Hearing Notice
4. City Council Ordinance No. 1313
5. City Council Ordinance No. 1350A
PLANNING COMMISSION RESOLUTION NO. 2828
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING
ORDINANCE AMENDMENT TO MODIFY TITLE 25 (ZONING) OF THE PALM
DESERT MUNICIPAL CODE
CASE NOS. ZOA 23-0001
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 21st day of February 2023, hold a duly noticed public hearing to consider the request by
the City of Palm Desert for approval of the above-noted; and
WHEREAS, the City of Palm Desert is initiating a Zoning Ordinance Amendment
(ZOA) that modifies sections of the Palm Desert Municipal Code (PDMC) Title 25 (Zoning) to
correct typos, remove inconsistencies, and references to former zoning districts; and
WHEREAS, the Amendment as complied with the requirements of the "City of Palm
Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, determining that the
project is categorically exempt under Section 15061(b)(3) of the CEQA Guidelines as it can
be seen the amendment will have no possibility to have a significant impact on the
environment; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the Planning Commission
did find the following facts and reasons, which are outlined in the staff report, exist to justify
approval of said request:
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby
finds that:
A. The City of Palm Desert, California (“City”), is a municipal corporation duly
organized under the constitution and laws of the State of California; and
B. The Planning and Zoning Law authorizes cities to establish by ordinance the
regulations for land use and development.
SECTION 2. Amendment. The Planning Commission of the City of Palm Desert
recommends that the City Council of the City of Palm Desert, California, approve and adopt
the Palm Desert Municipal Code (PDMC) amendment to Title 25 as shown in “Exhibit A,”
which is attached hereto and incorporated herewith.
PLANNING COMMISSION RESOLUTION NO. 2828
2
SECTION 3. CEQA. The City Council finds that the adoption of this ordinance is not a
“project,” as defined in the CEQA, because it does not have the potential for resulting in either
a direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment and concerns general policy and procedures.
SECTION 4. Recommendation. The Planning Commission recommends approval of
the proposed Zoning Ordinance Amendment.
ADOPTED ON February 21, 2023.
JOSEPH PRADETTO
VICE-CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that
Resolution No. 2828 is a full, true, and correct copy, and was duly adopted at a regular
meeting of the Planning Commission of the City of Palm Desert on February 21, 2023, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on February ____, 2023.
RICHARD D. CANNONE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2828
3
“EXHIBIT A”
ZONING ORDINANCE AMENDMENT
SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.02.010 is hereby amended as follows:
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 man ner 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 lan d 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 principalsprinciples 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
principalsprinciples of the General Plan. To meet the guiding principalsprinciples
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 relationshi p
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.
PLANNING COMMISSION RESOLUTION NO. 2828
4
4. Provide population densities that support and encourage pedestrian activitie s
such as walking and bicycling; that are connected to, and in proximity of, civic and
education uses, open spaces, and commercial and employment opportunities.
5. Foster an environment that ensures pedestrian amenities connect the
community, are designed to accommodate pedestrians and bicyclist, and that are
conveniently located for the highest impact.
6. Forecast and plan for the City’s ability to provide community facilities, utilities,
and services.
7. Ensure adequate consideration for urban design in the development process
so that new development enhances the City as it matures.
8. Provide provisions for adequate bicycle parking, off-street parking, shared
parking facilities, and off-street truck loading facilities.
9. Promote preservation of natural environmental features in the development
and use of land within the City.
10. Develop land use regulations that will encourage infill development and
redevelopment of existing sections of the City and provide for innovative
development in undeveloped areas. (Ord. 1324 § 2, 2017; Ord. 1259 § 1, 2013)
SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.02.050 is hereby amended as follows:
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
PLANNING COMMISSION RESOLUTION NO. 2828
5
6. City Council = Council
7. Community DevelopmentDevelopment Services 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 inc ludes 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 rou nded 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.
PLANNING COMMISSION RESOLUTION NO. 2828
6
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. (Ord. 1324 § 2, 2017; Ord. 1259 § 1, 2013)
SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.10.020 is hereby amended as follows:
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 inten sity
and neighborhood development (0.5 —1.0 du/ac) and generally is characterized by
limited development on large properties and preservation of natural features and open
space.
B. Single-Family/Mobile Home Residential District (R-1M). This district provides
for the permanent placement and occupancy of single family dwelling units, factory built
or manufactured dwelling units and mobile homes for residential purposes on
purchased, rented or leased lots. The district is characterized as having 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 neigh borhoods.
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 h igh 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 commercial services. Buildings are organized around formal streetscapes with
PLANNING COMMISSION RESOLUTION NO. 2828
7
a variety of plazas and other pedestrian amenitesamenities 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 reside ntial
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 charactersizedcharacterized as providing for the optimum integration of
urban and natural amenities within developments and is organized around formal,
walkable, and highly connected streetscapes. (Ord. 1324 § 4, 2017; Ord. 1259 § 1,
2013)
SECTION 4. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.10.030 is hereby amended as follows:
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 f or 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
PLANNING COMMISSION RESOLUTION NO. 2828
8
Residential Zoning District
(P=Permitted; A=Administrative Use Permit\; L=Large
Family Day Care Use Permit ; C=Conditional Use
Permit; N=Not Permitted)
RE
R-
1 R-2
R-
3
R-
1M HPR PR
Special
Use
Provisions
Residential Uses
Assisted living N C C C N N C
Accessory dwelling unit P P P P P N P 25.34.030
Condominium N N C C N N C
Dwelling, duplex N N P P N N N
Dwelling, multifamily N N P P N N C 25.10.040.A
Dwelling, second P P P P N P P 25.34.030
Dwelling, single-family P P P N N P P
Farmworker housing N N N N N N N
Group home P P P N N P P 25.10.040.B
Guest dwelling P P P N N P P
Home-based business P P P P P P P 25.34.020
Junior accessory dwelling unit P P P P P N P 25.34.030
Manufactured home parks N N N N C N N
Planned unit development, residential N N C C N C C 25.10.040.C
Transitional and supportive housing see Note 1
Agriculture-Related Uses
Apiary P P P N N P P 25.34.170
Botanical conservatory A N N N N N N
Crops and horticulture, limited A N N N N N N
Domestic animals P P P P P P P
Garden, private P P P P P P P
Greenhouse, commercial C N N N N N N
Greenhouse, private P P P A A P P
Horticulture, private P P P P P P P
Kennel C N N N N N C 25.10.040.D
Livestock raising, noncommercial C N N N N N N
Nursery C N N N N N N
Orchard A N N N N N N
Stable, boarding A N N N N N N 25.10.040.E
Stable, private A N N N N N N 25.10.040.E
Recreation, Resource Preservation, Open Space, and
Public Assembly Uses
Cemetery N N N N N N C
Community facility N N N N N N C
Club, private N N C C N N C
Crematory N N N N N N N
Day care, large family PL PL PL PL PL PL PL 25.10.040.F
Day care, small family P P P P P P P
Institution, educational2 C C C C C N C
Institution, general2 N N N C N N C
Institution, religious C C C C N N C
Public park P P P P P P P
Recreational use, commercial N N N N N N C 25.10.040.G
PLANNING COMMISSION RESOLUTION NO. 2828
9
Residential Zoning District
(P=Permitted; A=Administrative Use Permit\; L=Large
Family Day Care Use Permit ; C=Conditional Use
Permit; N=Not Permitted)
RE
R-
1 R-2
R-
3
R-
1M HPR PR
Special
Use
Provisions
Recreational vehicle park N N N N C N C
Recreation facility, commercial N N N N N N N
Recreation facility, incidental C C C C C N C 25.10.040.H
Recreation facility, private P N N P P N P
Recreation facility, public C C C C C N C
Utility, Transportation, Public Facility, and
Communication Uses
Electric substation N N N N N N N
Fire station C C C C N N C
Public service facility C C C C C N N
Public utility C C C C C N N
Utility facility N N N N N N C
Retail, Service, and Office Uses
Bed and breakfast C N N C N N N
Commercial parking lot N C N C N N N 25.10.040.I
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
Notes:
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.
(Ord. 1358 § 2, 2020; Ord. 1324 § 4, 2017; Ord. 1304 § 1, 2016; Ord. 1279 § 1, 2015;
Ord. 1259 § 1, 2013)
SECTION 5. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.10.040 is hereby amended as follows:
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):
PLANNING COMMISSION RESOLUTION NO. 2828
10
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 and 40
dwelling units per acre, or as indicated on the zoning map.
B. Group Home. When permitted according to Table 25.10 -1 (Use Matrix for
Residential Districts), group homes are limited to 6 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
one hundred 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 min imum 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:
a. Corral. 288 square feet per horse; minimum dimensions of 12 by 24 feet,
and one-third shaded.
b. Stable. 144 square feet, minimum dimension 12 feet by 12 feet per
horse. Stable shall be ventilated for the desert environment.
c. Construction. Corrals and stables shall be constructed of material and in
such a manner to adequately contain the horses.
3. Barns, corrals or stables constructed to maintain horses shall be located not
less than 35 feet from any residence or habitable structure on the same lot and not
less than 50 feet from any residence or habitable structure on adjacent lots. Barns,
corrals, or stables may be located within 50 feet of a front property line if the finding
can be made that the design and appearance of such structur es are compatible
with surrounding properties. No horses shall be permitted within one hundred feet
of an adjacent property not zoned RE (i.e., R1, O.P., PR).
4. Definitions for “organic material,” and “diverted” from Chapter 8.16 shall apply
to this subsection. Animal manure shall be stored in appropriate receptacles and
composted or otherwise properly diverted as an organic material, according to
Chapter 8.19, not less than once per week.
PLANNING COMMISSION RESOLUTION NO. 2828
11
5. Barns, corrals, or stables shall be cleaned and mainta ined such that dust,
flies, and odors shall not create a nuisance for adjacent properties and not less
than once per day.
F. Large Family Day Care. Large family day care facilities require the issuance of a
large family day care use permit in accordance with Section 25.64.020, and are
permitted subject to the following requirements:
1. Space and Concentration. Properties proposed for use as large family day care
homes shall be located no closer than 300 feet in all directions from anothe r large family
day care home. An adjustment may be granted according to Chapter 25.78 (Variances
and Adjustments) of this chapter 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. Allowed within a single-family or multi-family residence located in
a residential zoning district with no city land use permits or clearances required per
State law. 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.
Formatted: indent1, Indent: Left: 0"
PLANNING COMMISSION RESOLUTION NO. 2828
12
9. Building and Fire Code Compliance. Consistent with Section 1597.46 of
the Health and Safety Code, the proposed large family day care home must comply
with all building and fire code provisions applicable to single -family residences, and
with such additional standards as the state Fire Marshal, from time to time, adopts
pursuant to Section 1597.46(d) of the Health and Safety Code to promote the fire
and life safety of children in large family day care homes. (See Title 22 of
the California Code of Regulations.)
10. Smoking Restricted. Consistent with Section 1596.795 of the Health and
Safety Code, smoking of tobacco and other substances—whether in pipe, cigar, or
cigarette form—shall not be allowed in the applicant’s home during its hours of
operation as a large family day care home with respect to those areas of the home
where children are present.
11. Proof of Control. No use permit shall be issued unless the applicant can
demonstrate legal authority and control over the real property proposed to be used
as a large family day care home.
G. Recreational Use, Commercial. Commercial recreation uses are limited to the
PR zone only with the issuance of a conditional use permit when not directly related to a
permitted residential development.
H. Recreation Facility, Incidental. Limited commercial uses are authorized as part
of this use classification which are commonly associated with and directly related to the
primary use.
I. Commercial Parking Lot. Parking lots that service commercial establishments
are permitted within 300 feet of the related commercial establishment.
J. Hotel and Resort Hotel. In the R-3 zoning district, these uses are permitted up to
a maximum of 40 units per gross acre with the issuance of a conditional use permit. In
the PR zoning district, the maximum density shall be approved by the Commission or
Council.
K. Government Office Building. Small neighborhood government office buildings
are permitted up to 5,000 square feet in size.
L. Office Parking Lot. Parking lots that serve office developments are permitted
when located directly adjacent to the office professional zone and consistent with
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. (Ord. 1374 § 1,
2022; Ord. 1324 § 4, 2017; Ord. 1279 § 2, 2015; Ord. 1259 § 1, 2013)
PLANNING COMMISSION RESOLUTION NO. 2828
13
SECTION 6. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.10.050 is hereby amended as follows:
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 proj ect 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 pla n as described in
Section 25.78.020:
1. Density. Each lot shall be limited to a maximum of one unit per 5 acres. All
lots will be entitled to at least one unit.
2. Grading. Location of building pads and access roads shall be evaluated,
approved, or adjusted based on consistency with the following:
a. Preserved natural contours of the land to avoid extensive cut a nd fill
slopes to reduce the need for a staircase effect within developments.
b. Architecture and landscape design which blends with the natural terrain
to the greatest practical extent.
c. Retention and protection of undisturbed viewsheds, natural landmarks,
and features including vistas and the natural skyline as integral elements.
d. Building Pad Area. The maximum area permanently disturbed by grading
shall not exceed 10,000 square feet.
e. 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 g rading
provisions listed in this subsection (A)(2).
f. 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 s atisfaction of the city council.
PLANNING COMMISSION RESOLUTION NO. 2828
14
g. Maximum Dwelling Unit Size. Total dwelling unit, garage and accessory
building size on any one lot shall not exceed 4,000 square feet.
3. Exception. The standards of subsections (A)(1) through (A)(3) of this se ction
shall be required unless modified by one of the following:
a. 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 prec ise 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.
b. 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 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.
4. Previously approved existing building pads shall be subject to the standard
coverage limitations of 35 percent, which may be increased up to 50 percent with
ARC approval. Any change to an existing approved building pad shall require a
new public hearing subject to the provisions of this chapter.
5. Development on or across ridges is prohibited.
6. Building pads and architecture shall be designed to eliminate or minimize any
visual impact on the city to the maximum extent feasible.
7. 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 3 methods of administering common open space:
a. Dedication of common open space to the city, which is subject to formal
acceptance.
b. 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.
c. 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
PLANNING COMMISSION RESOLUTION NO. 2828
15
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.
8. Design Criteria. The following design criteria are established:
a. The overall plan shall achieve an integrated land and building
relationship.
b. 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.
c. The layout of structures and other facilities shall affect a conservation in
street and utility improvements.
d. Recreational areas, active and passive, shall be generally dispersed
throughout the development and shall be easily accessi ble from all dwelling
units.
e. Architectural unity and harmony within the development and with the
surrounding properties shall be attained.
B. Planned Residential District Standards.
1. Purpose. It is the purpose of the PR district to prov ide 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 consideratio n 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
PLANNING COMMISSION RESOLUTION NO. 2828
16
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 7 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:
a. 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.
b. Off street parking and loading requirements. All parking and loading shall
comply with the provisions of Chapter 25.46.
c. Utilities. For provisions regarding utilities, see Section 25.40.120.
d. Signs. All signs shall be in compliance with Chapter 25.56.
e. Outside Storage. No outside storage shall exceed the height of actual
perimeter screening.
f. Screening. All screening requirements for developments within the PR
district shall be determined by the ARC during review of the precise plan.
g. Discarded Material Handling. Discarded material holds the same
definition and regulations as provided in Chapter 8.16. Enclosures for handling
discarded materials shall be provided for all developments within the PR
district with the exception of single-family detached dwelling units. An
enclosure for discarded materials will be provided and follow the regulations as
established in Chapter 8.12. The freestanding discarded materials enclosure
shall be constructed of masonry block. No discarded materials shall be allowed
to extend above or beyond the enclosure.
h. Site Plan Review. Review of a site plan by planning depart ment staff
shall be required before a building permit is issued for any development in the
PR district.
6. Special Standards. In addition to requiring all development plans to comply
with the following special standards the council and/or commission m ay impose
PLANNING COMMISSION RESOLUTION NO. 2828
17
such other conditions to the development plan as it deems necessary or desirable
in carrying out the general purpose and intent of this chapter.
a. Minimum Project Area. Projects of less than 7 dwelling units per acre
shall have a minimum area of 5 acres. Projects of 7 to 18 dwelling units per
acre shall have a minimum area of 10 acres. Projects with 18+ dwelling units
per acre shall have a minimum area greater than 10 acres.
b. Minimum Project Width. Projects of less than 7 dwelling uni ts per acre
shall have a minimum width of two hundred 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.
c. Minimum Project Perimeter Setback. The minimum perimeter setback
shall be 20 feet from all property lines adjacent to existing or proposed public
streets.
d. Minimum Project Building Coverage. Projects of less than 7 dwelling
units per acre shall have a maximum building coverage of 40 percent. Projects
of 7 to 18 dwelling units per acre shall have a maximum building coverage of
50 percent. Projects with 18+ dwelling units per acre shall have a maximum
building coverage of 80 percent.
e. 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.
f. Minimum Yards—Development Standards. 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.
7. Minimum Separation Between Sides of Buildings. For single -story, single-
family detached buildings there shall be a minimum of 7 feet between sides. For
two-story, single-family detached buildings there shall be a minimum of 10 feet
between two-story elements.
8. Minimum Common Open Space.
a. Projects of less than 7 dwelling units per acre shall have a minimum
common open space of 30 percent of the net area.
b. Projects of 7 to 18 dwelling units per acre shall have a minimum common
open space of 20 percent of the net area.
PLANNING COMMISSION RESOLUTION NO. 2828
18
c. At least 50 percent of all required common open space shall be
approximately level, defined as not more than 13.5 percent grade.
d. 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.
e. Common open space shall not include public or private streets,
driveways, private yards, or patios and parking areas.
9. 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.
10. Maximum Dwelling Units per Building. The maximum number of dwelling units
per building shall be as approved by the Planning Commission.
11. 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.
12. RV Park Standards. The following standards apply to recreational vehicle
parks:
a. Minimum project size of 5 acres;
b. Maximum density of 12 spaces per acre;
c. Minimum space area of 1,500 square feet, minimum dimension 30 feet
by 50 feet;
d. Minimum 40 percent common open space/recreation area;
e. Front project setback adjacent to public street of 25 feet with combination
of 6-foot masonry wall and landscaping to screen all recreation vehicles ;
f. Interior property lines to be bounded by 6-foot masonry wall and at least
10 feet of landscaping;
g. Projects may be single-use or developed as part of a larger resort or
residential development;
PLANNING COMMISSION RESOLUTION NO. 2828
19
h. RV parks shall be taxed as a transient occupancy use;
i. Permitted Accessory Uses. Private recreational facilities and limited
commercial directly associated with primary use as approved by commission.
13. 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
14. Two-story, single-family detached building setbacks from project perimeter:
a. The minimum setback shall be one hundred feet or one lot depth,
whichever is more.
b. The commission may waive interior setback requirements when adjacent
developments are planned simultaneously.
15. Development standards within the PR districts may be modified through the
precise plan process as specified in Section 25.72.030.
16. 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. A ll development within
the PR district shall comply with the development plan as approved and adopted by
the commission/council.
Table 25.10-3: Residential Zoning District Development Standards
Measurement/Zonin
g District
RE3 R-13
R-2 R-3 R-
1M1 HPR4 P.R.
5
≥1 ac ≥15,00
0 sf
≥10,00
0 sf,
but
<10,00
0 sf
PLANNING COMMISSION RESOLUTION NO. 2828
20
≤15,00
0 sf
Residential Density
Density (du/ac), min
– max
1 - 2 2 - 3 3 - 4 5 - 8 3 - 10 7 -
40
7 1/5 ac 4 -
40
Lot Dimensions
Lot size, min 40,00
0 sf
15,000
sf
10,000
sf
8,000
sf
3,500
sf
3,00
0 sf
20
ac /
5,00
0 sf
– –
Lot size, max 1 ac No max 14,999
sf
9,999
sf
No
max
No
max
No
max
– –
Lot width, min 150′ 90′ 90′ 70′ 50′ 40′ 500′ – –
Lot depth, min 200′ 125′ 100′ – - - – – –
Setbacks
Front yard, min 30′ 25′ 20′ 20′ 12′ 10′ 20′ /
5′
– –
Side yard, min 15′ 15′ 8′ 5′ 6 5′ 8′ 10′ /
5′
– –
Combined both sides,
min
30′ 30′ 20′ 10′ 6 10′ 10′ – – –
Street side yard, min 30′ 15′ 10′ 10′ 10′ 10′ 20′ /
–
– –
Rear yard, min 50′ 20′ 20′ 15′ 15′ 10′ 10′ /
5′
– –
Residential
accessory structures
See Section 25.40.050 (Accessory Buildings and Structures)
Coverage
Lot coverage, max
percentage of lot
area
30% 35%2 35%2 35%2 60% 75% – 10% 50%
Building
Measurements
Height, max 15′
(18′
ARC)7
15′ (18′
ARC)7
15′ (18′
ARC)7
15′ (18′
ARC)
15′
(30′
ARC)
8
40′ 18′ _ 40′
Number of stories,
max
1 1 1 12 2 3 1 1 3
Dwelling unit size,
min
1,500
sf
1,250
sf
1,000
sf
1,000
sf
600
sf
450
sf
– – –
Dwelling unit size,
max
– – – – 4,000
sf
4,00
0 sf
– 4,000
sf
–
Site area per dwelling
unit, min
– – – – 4,000
sf
2,50
0 sf
– – –
Building pad area,
max
– – – – – – – 10,00
0 sf
–
Open Space
Group usable open
space per dwelling
unit, min
– – – – – 300
sf
– – –
Notes
PLANNING COMMISSION RESOLUTION NO. 2828
21
1. The dimension requirements included in this column apply to manufactured home
park project sites as well as individual sites within the park. The first dimension is for the
larger project site.
2. Lot coverage may be increased to as much as 50 percent pending ARC approval,
through the design review process.
3. All development standards are based on the square footage shown on the zoning
map and not necessarily the physical lot size of a property. Properties only zoned R -1
without a square footage allocation shall comply with standards for < 10,000 square
feet. Confirm standards with Planning Division staff for correct zoning designation and
lot size development standards.
4. Hillside Development Plan approval process in Section 25.78.020
5. The standards and guidelines presented in this section provide design criteria for
the achievement of functional and attractive developments that fit within the context of
the City of Palm Desert. Exceptions to the criteria contained within the Development
Plan may be appropriate with the application of innovative and unique design
techniques in keeping with the character envisioned at the time of approval.
6. Setbacks within the Palm Desert Country Club in R -1 and R-2 have a 5 feet
sideyard setback (See Figure 25.10-1 Palm Desert Country Club Setbacks) and a
combined setback of 10 feet.
7. Allowable maximum building height is 18 feet with approval by the Architectural
Review Commission (ARC).
8. Allowable building height is 30 feet with approval by the Architectural Review
Commission for buildings exceeding 15 feet. Public notification to immediately adjacent
properties 10 days prior to the ARC meeting.
Figure 25.10-1 Palm Desert Country Club Setbacks
PLANNING COMMISSION RESOLUTION NO. 2828
22
(Ord. 1383 § 1, 2022; Ord. 1374 § 1, 2022; Ord. 1334 § 12, 2018; Ord. 1324 § 4, 2017;
Ord. 1292 § 1, 2015; Ord. 1279 §§ 4, 5, 2015; Ord. 1259 § 1, 2013)
SECTION 7. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.16.030 is hereby amended as follows:
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 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
PLANNING COMMISSION RESOLUTION NO. 2828
23
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 25.16-1: Use Matrix for Commercial and Industrial Districts
Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit;
C=Conditional Use Permit; N=Not Permitted)
OP PC-1 PC-
2 PC-
3 PC-
4 SI
Special
Use
Provisions
Residential Uses
Caretaker housing N N N N N P 25.16.040.A
Condominium C C C N C C 25.16.040.B
Dwelling, duplex C C C C C C 25.16.040.B
Dwelling, multifamily C C C C C C 25.16.040.B
Dwelling, single-family C C C N C C 25.16.040.B
Group home C C N N C C 25.16.040.B
Single-room occupancies N N N N N C
Homeless shelter N N N N N P
Recreation, Resource Preservation, Open Space, and Public Assembly Uses
Amusement facility, indoors N N C C C N
Amusement facility, outdoors N N N C C N
Community facility N N N N N P
Day care center N A A A A N
Emergency shelters N P N N N P
Entertainment facility, indoor N N N P P N
Entertainment facility, outdoor N N N P P N
Institution, educational C C C N N C
Institution, general C N C N N C
Institution, religious C N C N N C
Open space (developed or
natural) N P P N P N
Recreation facility, commercial N N P P P N
Recreation facility, private N N N P P N
Theater/auditorium N N P P N N
Utility, Transportation, Public Facility, and Communication Uses
Commercial communication
tower C C C C C C 25.16.040.C
Commercial parking lot C N N N N N
Public utility installation N N N N N P
Public facility (utility or service) N N N N N P
Utility facility N N C N N P
Retail, Service, and Office
Uses
Accessory massage
establishment
P N P P P N 25.34.160
Adult entertainment N N N N N C 25.16.040.D
Ancillary commercial A P P P N A 25.16.040.E
Art gallery A P P P P C
Art studio A P P P P C
Bed and breakfast N A A A A N
Business support services N N N N P P
Cannabis retail N C C C C N 25.34.120
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PLANNING COMMISSION RESOLUTION NO. 2828
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Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit;
C=Conditional Use Permit; N=Not Permitted)
OP PC-1 PC-
2 PC-
3 PC-
4 SI
Special
Use
Provisions
Cannabis testing and research
laboratory C N N N N C 25.34.120
Convention and visitors bureau N N P N P N
Drugstore N P P P N N
Financial institution C P P P N N
Grocery store N P P P N N 25.16.040.F
Health club, gyms or studios N A P P P A
Hotel N A A A P N 25.34.070
Independent stand-alone
massage
N N P P N N 25.34.160
Liquor store N P P P N N
Liquor, beverage and food items
shop N P P P P N
Medical, clinic P N P P N N
Medical, office P P P P N N
Medical, hospital N N N N N C
Medical, laboratory P N N N N P
Medical office, accessory N N N N N P 25.16.040.G
Medical, research facility P P N N N C
Mortuary N N N N N P
Office, professional P N P P P P
Office, local government P N N N N P
Office, travel agency P P P P P N
Outdoor sales N N A A A A
Personal services N P P P P N
Restaurant A A A A P A 25.16.040.E
/ H
Retail N P P P P N
Retail, bulky items N N N P P N
Spa N N P P P N
Time-share project N N N C C N
Veterinary clinics/animal
hospitals A N A A N A
Pet boarding N A A A N A
Automobile and Vehicle Uses
Automotive rental agency N N N N P P
Automotive gasoline station N N C C N C 25.34.090
Automotive service facility N N C C N P 25.34.090
Automotive sales new and used
(outdoor/indoor) N N N N N C
(outdoor) A
(indoor)
Automotive sales of accessory
parts and supplies N N N P P N
Vehicle storage facility N N N N N P 25.16.040.I
Industrial, Manufacturing, and
Processing Uses
Cannabis cultivation N N N N N C 25.34.120
Cannabis delivery N N N N N C 25.34.120
Cannabis distribution N N N N N C 25.34.120
Cannabis manufacturing N N N N N C 25.34.120
Industrial planned unit
development N N N N N P
Light industrial and research and
development N N N N N P
Maintenance facility N N N N N P
Pest control facility N N N N N P
PLANNING COMMISSION RESOLUTION NO. 2828
25
Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit;
C=Conditional Use Permit; N=Not Permitted)
OP PC-1 PC-
2 PC-
3 PC-
4 SI
Special
Use
Provisions
Preparation of foodstuffs N N N N N P
Production of home and office
decor accessories N N N N N P
Warehouse or storage facility N N N N N P
Temporary Uses See Section 25.34.080
1 The establishment may be permitted with an administrative use permit but may be
elevated to a conditional use permit at the discretion of the ZA based on: parking, traffic,
or other impacts.
(Ord. 1384 § 1, 2022; Ord. 1329 § 3, 2017; Ord. 1324 § 5, 2017; Ord. 1302 § 2, 2016;
Ord. 1279 § 6, 2015; Ord. 1277 § 4, 2014; Ord. 1259 § 1, 2013)
SECTION 8. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.16.050 is hereby amended as follows:
25.16.050 Development Standards
The development standards included in Table 25.16-52 (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
25.16-52 (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 25.16-52 (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 and shall be based on the street type designated by the
General Plan.
2. Building setbacks from planned street lines.
PLANNING COMMISSION RESOLUTION NO. 2828
26
Table 25.16-2: Setbacks from Planned Street Lines
Street Type Setback Distance
Freeway 50 feet
Major 32 feet
Arterial 32 feet
Secondary 32 feet
Collector 25 feet
Local 25 feet
3. Where commercial districts abut a residential district, a fence or wall 6 feet in
height shall be located adjoining the property line except adjoining a required front
yard. All commercial district property lines adjoining a residential district shall be
landscaped with plant materials for an area 10 feet in depth.
4. All nonpaved areas shall be landscaped and treated or maintained to
eliminate dust.
B. Exceptions. Development standards within the PC districts may be modified
through the precise plan process as specified in Section 25.72.030
C. Special standards within the Service Industrial (SI) Ddistrict..
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
25.16-32 and the following standards:
Table 25.16-3: Maximum Permitted Decibels
Octave Band in Cycles-
Second (decibels)
Adjacent Residential District
Boundaries (decibels)
Lot Line of Use in the SI 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
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PLANNING COMMISSION RESOLUTION NO. 2828
27
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 0.003 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 0.003 of 1 inch as measured at the lot lines.
4. Glare and heat from any source shall not be produced beyon d 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, floodligh ts, 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.
DC. 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
PLANNING COMMISSION RESOLUTION NO. 2828
28
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.
Table 25.16-54: Commercial and Industrial District Development Standards
Commercial/Industrial District
OP PC-11 PC-21 PC-31 PC-41 SI
Lot Dimensions
Lot size, min 15,000 sf 3 ac 5 ac 30 ac 4 ac 20,000 sf
Lot size, max None 10 ac 20 ac None None None
Lot width, min 70′ None None None No min 100′
Lot depth, min 140′ None None None No min 100′
Setbacks2
Front yard, min 12′ min, 15′
avg
– – – 30′ 20′
Side yard, min
(interior/exterior) 0′/20′ 3,4,7 0′/20′ 3,4 0′/20′ 3,4 – 15′ 0′/10′ 5
Street side yard,
min
12′ min, 15′
avg
– – – – 10′
Rear yard, min 0′/20′ 3,4 0′/20′ 3,4 0′/20′ 3,4 – 20′ 0′/25′ 5
Coverage
Floor area ratio 0.75 0.5 1.0 1.0 0.10 0.75
Residential
density range
(mixed-use)
10.0 10.0 – 15.0 10.0 – 15.0 10.0 – 15.0 10.0 -
Building Measurements
Height, max
(single-use)
40′, 3
stories
35′, 2
stories
35′, 2
stories
35′, 2
stories
55′, 4
stories
40′, 3
stories
Height, max
(mixed-use)
40 40 40 40 55 -
No. of stories
(mixed-use)
3 3 3 3 4 -
Building size,
max8
– 10,000 sf 30,000 sf – – –
Landscaping
Required
landscaping, min 15% 15% 15% 20% 20%9 –
PLANNING COMMISSION RESOLUTION NO. 2828
29
percentage of lot
area
Depth of
landscaping in
street setback
area, min
10′ 10′ 20′ 30′ 10′ –
Notes:
1. Development standards may be modified through the precise plan process as
specified in Section 25.72.030.
2. See Section 25.16.050.A (Special setback requirements).
3. When an OP, PC-1 or PC-2 zone is adjacent to a commercially or industrially
zoned property, the setback is 0.
4. When an PC-1, or PC-2 zone is adjacent to a residentially zoned property, the
minimum required setback for a commercial structure or a joint use commercial and
residential structure is equal to the building’s height.
5. When an SI zone is adjacent to or across the street from residentially zoned
property, the minimum side setback is 10 feet and the minimum rear setback is 25 feet.
6. The side yard setback may be 0 feet where the main building structure on the
same lot line of the abutting parcel is set back at 0 feet and both parcels are developed
at the same time.
7. When adjacent to single-story residential, see Section 25.16.050.DE (Additional
setback in Special standards within the Office Professional (OP) district).
8. This standard refers to the maximum area for any single commercial enterprise.
9. For hotels, a minimum of 25 percent of the site area must be usable landscap ed
open space and outdoor living and recreation area with an adequate irrigation system.
(Ord. 1329 § 3, 2017; Ord. 1324 § 5, 2017; Ord. 1306 § 2, 2016; Ord. 1259 § 1, 2013)
SECTION 9. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.18.040 is hereby amended as follows:
25.18.040 Land Use and Permit Requirements
PLANNING COMMISSION RESOLUTION NO. 2828
30
Table 25.18-1 (Use Matrix for Downtown Districts) identifies allowed uses and
corresponding permit requirements for the downtown 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.
Uses that are not listed are not permitted. H owever, the Commission may make a use
determination as outlined in Section 25.72.020 (Use Determinations).
TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS
P = use permitted by right
A = use requires administrative use permit
C = use requires approval of conditional use permit
N = use not permitted
Land Use
Zone
Special Use Provisions D D-
O DE DE-
O
Residential Uses
Accessory dwelling unit P P P P 25.34.030
Assisted Living N N N C
Condominium C 1 C 1 C C 25.16.040.B
Dwelling, duplex C 1 C 1 C P 25.16.040.B
Dwelling, multifamily C 1 C 1 C P 25.16.040.B
Dwelling, single-family C 1 C 1 C N 25.16.040.B
Group home C 1 C 1 C N 25.16.040.B
Junior accessory dwelling unit P P P P 25.34.030
Home-based business P4N P4N P4N P4 25.34.020
Agriculture-Related Uses
Garden, private C 1 C 1 N P
Greenhouse, private N N C P
Horticulture, private N N C P
Recreation, Resources Preservation, Open Space, and Public Assembly Uses
Club, private N N N C
Day care center C 1 C 1 N N
Day care, large family N N N AP 25.10.040.F
Day care, small family N N N P
Institution, educational N N C C
Institution, general N N C C
Institution, religious N N C C
Mechanical or electronic games, ≤ 4 P 1 P 1 P N
Mechanical or electronic games, ≥ 5 C 1,
2
C 1,
2 C N
PLANNING COMMISSION RESOLUTION NO. 2828
31
Land Use
Zone
Special Use Provisions D D-
O DE DE-
O
Recreational facility, incidental N N N C 25.10.040.H
Recreation facility, private N N N P
Recreation facility, public N N N C
Retail, Service, and Office Uses
Accessory massage establishments P P P N 25.34.160
Ancillary commercial N N A N 25.16.040.E
Art gallery P P P A
Art studio P 1 P 1 A A
Book and card shops P P N N
Bed and breakfast N N C C
Cannabis retail C N C N 25.34.120
Cannabis testing and research laboratory C N N N 25.34.120
Clothing and apparel shops P P P N
Convention and visitors bureau P 1 P 1 C N
Drugstore P 1 P 1 N N
Financial institution P 1 P 1 C N
Furniture stores and home furnishings P P P N
Gift and accessories boutiques (inlcudingincluding small
antiques) P P P N
Grocery store < 35,000 SF C 1 C 1 N N
Health club, gyms or studios C 1 ,
2
C 1 ,
2 C 2 N
Hotel C C C C
Independent stand-alone massage establishments P 1 P 1 C N 25.34.160
Jewelry shops P P P N
Liquor store P 1 P 1 N N
Liquor, beverage and food items shop P 1 P 1 N N
Luggage shops P P P N
Medical, clinic P 1 P 1 P N
Medical, office P 1 P 1 P N
Medical, hospital P 1 P 1 C C
Medical, laboratory N N P N
Mortuary C 1 C 1 N N
Office, professional P 31 P 31 P C 25.28.040.C25.10.040.M
Office, local government P 1 P 1 P N
Office, neighborhood government N N N C
Office, travel agency P 31 P 31 P N 25.10.040.K
Outdoor sales A 1 A 1 A N
Personal services P P P N
Restaurant C 2 C 2 C 1 N 25.16.040.H
Retail P P P N
Retail, bulky items P 1 P 1 C N
Spa P P P C
Sundries shops (general merchandise) P P P N
PLANNING COMMISSION RESOLUTION NO. 2828
32
Land Use
Zone
Special Use Provisions D D-
O DE DE-
O
Time-share project C 1 C 1 N N
Utility, Transportation, Public Facility, and
Communication Uses
Fire station C C C C
Commercial communication tower
C C C
Commercial parking lot P P C C 25.10.040.I
Office parking lot N N N C 25.10.040.L
Public service facility N N N C
Utility facility N N N C
Utility installation C C N N
Automobile and Vehicle Uses
Automotive rental agency P P C N
Automotive service station C C N N
Temporary Uses See Section 25.34.080
1 Office professional uses may be allowed subject to Section 25.28.040 El Paseo
Overlay District. Uses prohibited along El Paseo facing ground floor frontages.
2 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.
3 Office professional uses along El Paseo facing ground floor frontages within the El
Paseo Overlay District may be allowed subject to a Conditional Use Permit per
Section 25.28.040 El Paseo Overlay District.
4 Home Occupation Uses are permitted in residential dwelling units in approved
residential and mixed-use developments.
(Ord. 1358 § 2, 2020; Ord. 1350A § 2, 2019; Ord. 1329 § 4, 2017; Ord. 1313, 2016)
SECTION 10. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.28.060 is hereby amended as follows:
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 Specific Plan Development
Plan as outlined in Section 25.782.0840 is required for approval of a development in the
Planned Community Overlay district.
PLANNING COMMISSION RESOLUTION NO. 2828
33
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 system s 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 heran 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.
1. Upon receipt of a complete application for an overlay zone, the Department
shall review the application materials and prepare a recommen dation 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 Comm ission 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 for warded 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
PLANNING COMMISSION RESOLUTION NO. 2828
34
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. (Ord. 1324 § 7, 2017; Ord. 1303 § 4, 2016;
Ord. 1259 § 1, 2013)
SECTION 11. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.28.120 is hereby amended as follows:
25.28.120 Bermuda Dunes Airport Area
A. Purpose. The purpose of the Bermuda Dunes Airport Area (BDA) 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 25.289-1.
B. Permitted uses. All uses permitted in the underlying district are permitted subject
to the Riverside County Airport Land Use Compatibility Plan Policy Document.
Figure 25.28-1 Bermuda Dunes Airport Compatibility Plan
PLANNING COMMISSION RESOLUTION NO. 2828
35
(Ord. 1324 § 7, 2017; Ord. 1259 § 1, 2013)
SECTION 12. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.34.020 is hereby amended as follows:
25.34.020 Home Occupations
A. Purpose. The regulations set forth in this section are provided so that certain
incidental and accessory uses may be established in residential neighborhoods under
conditions that will ensure their compatibility with the neighborhood.
B. Applicability. Home occupations are permitted in all residential zoning districts,
subject to compliance with the standards of this section and other relevant requirements
of this title.
C. Permit requirements and procedures. Establishment and operation of a home-
based business shall require approval of a home -based business permit processed by
the Director in accordance with this section. Information shall be provided to ensure that
the proposed home-based business complies with the requirements of this chapter.
Additional information necessary to make the findings required for approval may be
required by the City. Permit may include specific conditions and restrictions necessary
to make the use compatible with a residential setting.
PLANNING COMMISSION RESOLUTION NO. 2828
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D. Participants. The permittee shall be the operator of the home-based business
and shall be a resident of the dwelling in which the home -based business is located.
Only residents of the subject residential dwelling may operate, engage in, or conduct
the home-based business, except that not more than one outside person who is not a
resident of the subject dwelling may also participate in the operation or conduct of the
subject home-based business. For purposes of determining participation, general
domestic help will not be considered an employee.
E. Permitted uses. The intent is to permit a wide range of home-based businesses
which do not negatively impact the residential area. As an ancillary activity to those
uses permitted in the applicable residential zone in which the subject site is located, any
of the following home-based businesses may be conducted at the site:
1. Professional Office Occupation. Professional office occupation is an
occupation whose principal product is information, management or design,
including but not limited to accounting, architecture, artist/talent management and
promotion, brokerage, business/financial management, computer programming and
software development, credit/financial counseling, drafting and illustration,
engineering, fashion design, interior decoration and design, legal services,
marketing and advertising, property management, and writing and editing. The
primary means of contact must be by phone, mail, or other electronic form of
communication. Professional office activity does not include research requiring the
use of hazardous materials and equipment. Professional office activity does not
include a medical office.
2. Instructional Services Occupation. Instructional services occupation is an
occupation whose principal purpose is to provide cognitive instruction or training,
including but not limited to academic tutoring, musical instrument lessons, dance
lessons, sports training, or other similar physical performance training. Maximum
number of students at any one tim e shall be limited to six.
3. Home Craft Occupations. Home craft occupation is an occupation that results
in a tangible product, including but not limited to dress making, furniture making, toy
making, and doll making. Home craft occupations also incl ude artistic products
such as sculpting, painting and other similar forms of creative works when such
works are produced with the object of gain, benefit, or advantage for the participant
or another person. The conduct of a home craft occupation does not e ntitle the
owner to sell articles manufactured as a result of the home craft occupation on -site
or in a residential zone.
4. Cottage Food Operations. A cottage food operation, as defined in
California Health and Safety Code Section 113758, shall be a permitted home -
based business provided it complies with all applicable provisions of this subsection
and under the California Health and Safety Code, as it may be amended.
PLANNING COMMISSION RESOLUTION NO. 2828
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i. The permit applicant shall be the individual who conducts the cottage
food operation from his or hertheir private residential dwelling unit and is the
owner of the cottage food operation. The permit shall not be transferable to
another operator, nor transferable to another site.
ii. The cottage food operation shall be registered or permitted as a “Class A”
or “Class B” operation by the Riverside County Department of Environmental
Health in accordance with Section 114365 of the California Health and Safety
Code. Cottage food operations shall comply with all California Health and
Safety Code requirements.
iii. Any applicant for a permit under this chapter shall provide to the City, as
part of the home-based business application: (1) a copy of the operation’s
registration or permit to operate as a “Class A” or “Class B” operation, as
required under Health and Safety Code Section 114365, and (2) a copy of the
self-certification checklist submitted to and approved by the County.
iv. The permit shall be granted if the application is comple te and the cottage
food operation complies with the requirements set forth in this chapter, and all
other code sections regarding spacing and concentration, traffic control,
parking, and noise control.
v. A permit issued under this subsection may be revoked for any violation of
this chapter or of Section 114365 et seq. of the California Health and Safety
Code.
vi. The City may, for inspection purposes, access the permitted area of a
private home where a cottage food operation is located if the City has, on the
basis of a consumer complaint, reason to suspect that adulterated or otherwise
unsafe food has been produced by the cottage food operati on, or that the
cottage food operation has violated this chapter and/or California Health and
Safety Code Section 114365 et seq.
vii. Gross annual sales shall not exceed the amount specified in
California Health and Safety Code Section 113758.
5. Residential Estate (RE) Exceptions.
i. Home-based businesses or associated storage may be conducted in a
dwelling or accessory structure not to exceed 640 square feet.
ii. It is unlawful to park or store any commercial vehicle on the property with
the exception of one pickup truck or van of 10,000 pounds 1.5 tons or less.
iii. One employee may park his/hertheir vehicle on the subject property for
the purpose of driving a commercial vehicle to a remote job site.
PLANNING COMMISSION RESOLUTION NO. 2828
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F. Prohibited uses. The following uses by the nature of the investment or operation
have a pronounced tendency once started to rapidly increase beyo nd the limits
permitted for home-based businesses and thereby substantially impair the use and
value of a residential neighborhood. These specified uses shall not be permitted as
home-based businesses:
1. Auto repair and auto body repair.
2. Barber and beauty shops.
3. Bicycle repair.
4. Carpentry work.
5. On-site retail, wholesale, consignment sale, or any activity that involves sales
or display of equipment, merchandise, or other commodities on the site.
6. Laundering service.
7. Medical and dental offices.
8. Painting of vehicles, trailers, or boats.
9. Photo studios.
10. Private schools with organized classes.
11. Upholstering.
12. Storage of equipment, materials, and other accessories to the construc tion
and service trades.
13. Welding and machining.
G. Performance standards. The following performance standards apply to all home
occupations.
1. The establishment and conduct of a home -based business shall be an
incidental and accessory use and shall not change the principal character or use of
the dwelling unit involved.
2. A home-based business shall be conducted only within the enclosed living
area of the dwelling unit or within the garage, provided no garage space requi red
for off-street parking is used. The home-based business shall not occupy more than
25 percent of the combined floor area of the house and garage.
PLANNING COMMISSION RESOLUTION NO. 2828
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3. The home-based business shall not encroach into any required parking,
setback, or open space areas.
4. There shall be no signs, displays, outdoor storage, parked vehicles, or other
exterior evidence of business activity. Neither the dwelling nor the lot shall be
altered in appearance so that it appears other than a residence, either by color,
materials, construction, lighting, sounds, vibrations, or other characteristics.
5. No use shall create or cause noise, dust, vibration, odor, smoke, light, glare,
or electrical interference or other hazards or nuisances.
6. There shall be no signs other than the address and name of the resident.
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.
8. The home-based business shall not generate pedestrian or vehicular traffic in
excess of that customarily associated with the zone in which it is located.
9. If the home-based business is to be conducted on rental property (single-
family dwelling), the property owner’s written authorization for the proposed use
shall be obtained prior to the submittal for a home -based business permit.
10. No tool or instrument used in connection with a home -based business shall
possess a power rating of greater than three horsepower. No equipment shall be
operated in a manner as to cause a nuisance or a hazard to persons or property in
the vicinity of the home-based business. No equipment or activity shall be
maintained on the residential site which would result in a change in the fire-safety
class or occupancy classification of a residential structure or which otherwise
violates any law. (Ord. 1279 § 7, 2015; Ord. 1259 § 1, 2013)
SECTION 13. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.40.030 is hereby amended as follows:
25.40.030 Projections into Required Setbacks
A. Architectural projections including eaves, awnings, louvers, and similar shading
devices; sills, belt courses, cornices, and similar features; and flues and chimneys may
project into required yard areas as identified in Table 25.40 -1 (Projections).
Table 25.40-1: Projections6
Maximum Projection into
Required Setbacks
Minimum Setback from
Property Lines
All projections (unless otherwise specified)
PLANNING COMMISSION RESOLUTION NO. 2828
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- Front, rear, or street side yard 6′-0″ 3′-0″
- Internal side yard 2′-0″ 3′-0″
Oriel or bay window1
- Front, rear, or street side yard 3′-0″ 3′-0″
- Internal side yard 2′-0″ 3′-0″
Porches and steps2
- Front, rear, or street side yard 6′-0″ 3′-0″
- Internal side yard 2′-0″ 3′-0″
Balconies (over 6′-0″ above ground)
- Front or rear yard 6′-0″ 5′-0″
- Internal side yard 5′-0″ 5′-0″
- Street side yard 5′-0″ 3′-0″
Open stairways3 (all yards) 4′-0″ 3′-0″
Covered patios4
- Rear yard 8′-0″ 3′-0″
- Side yard (within 35 feet of rear lot line) 5′-0″ 5′-0″
- Maximum coverage of rear yard 50%
Underground structure5 No limit 5′-0″
Notes:
1. Limited to a maximum width of 10′-0″ or 50% of façade length, whichever is
greater.
2. No roof. The railing height from ground level (measured at property line) to the top
of the railing cannot exceed 6′-0″.
3. Open, unenclosed fire escapes and fireproof outside stairways.
4. Attached to a main structure only. If detached, the patio cover is considered an
accessory structure.
5. Maximum height of any underground structure from grade (at property line) is 2′-0″.
6. All portions of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling
Units shall comply with the minimum required setbacks established under Section
25.34.030.
Figure 25.40-5: Projections into Required Setbacks
PLANNING COMMISSION RESOLUTION NO. 2828
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B. Projections over public property in commercial zones. Building projections
into public rights-of-way in commercial zones shall be regulated by the currently
adopted Uniform Building Code. (Ord. 1259 § 1, 2013)
SECTION 14. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.40.070 is hereby amended as follows:
PLANNING COMMISSION RESOLUTION NO. 2828
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25.40.070 Private Tennis Courts and Sports Courts
Private tennis courts/sports courts are subject to review and approval by the ARC and
shall be constructed consistent with the following:
1. A minimum 10-foot setback shall apply from side and rear property lines, and
a minimum 20-foot setback shall apply to the front property line.
2. No more than 1 tennis court and 1 sports court for each residential parcel of
land unless a conditional use permit in accordance w ith Section 25.72.050 is
approved by the Commission.
3. Private tennis courts/sports courts shall not be used for commercial purposes,
and shall be used only by the property owner and guests or tenants of the property
owners.
4. All tennis courts/sports courts fencing shall not exceed 10 feet in height as
measured from the elevation at the adjacent property line, and shall be screened
from public view and adjacent property with a combination of walls, berms and
landscaping.
5. A landscape and irrigation plan shall be provided for review and approval by
the ARC.
6. If the proposal for a private tennis cou rt/sports court includes the provision of
lighting for night play, the owner/applicant shall provide fully engineered lighting
plan pursuant to the provisions of Chapter 24.16, Outdoor Lighting Requirements.
7. If the tennis/sports court is depressed at least 4 feet below the existing grade
or the fence is no more than 6 feet above the adjacent grade then the court may be
located to within 5 feet of the side and rear property lines.
8. Design and orientation of new or converted sports courts may shall be subject
to ARC review to einsure minimalum impacts on adjacent properties. Applications
for new or modified sport courts shall submit documentation dem onstrating the
proposed sport court will not cause adverse noise impacts to residential uses on
adjacent properties.
Figure 25.40-10: Private Tennis Courts and Sports Courts
PLANNING COMMISSION RESOLUTION NO. 2828
43
(Ord. 1259 § 1, 2013)
SECTION 15. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.40.090 is hereby amended as follows:
25.40.090 Screening
A. Purpose. This section provides screening and landscaping requirements to block
objectionable views and enhance the aesthetic appeal of Palm Desert streetscapes.
PLANNING COMMISSION RESOLUTION NO. 2828
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Screening of parking lot facilities are contained in Section 25.52.050 (Parking Lot
Landscaping Standards).
B. Screening materials and characteristics.
1. Except as otherwise required by the provisions of this title, screening shall
consist of a solid wall or fence, vine -covered fence, or compact evergreen hedge.
2. Hedge material used as screening shall not be less than 3 feet in height when
planted and shall not be permitted to exceed the specified height by mor e than 1.5
feet.
3. Where trees are used, they shall have a mature height of not less than 20 feet
and space no more than 20 feet apart from tree trunk to tree trunk.
4. All screening and landscaping shall be permanently maintained in orderly
condition by the owner. Plant material shall be watered, weeded, pruned, and
replaced as necessary to screen or ornament the site. A permanent irrigation
system shall be provided.
C. Rooftop equipment.
1. All roof-mounted equipment in the single-family residential district including,
but not limited to, heating, exhaust fans, cooling, solar, and antenna shall be
screened to the greatest extent possible so as to preclude viewing of same from
adjacent residences, public ways and golf courses (public or private). Exception:
Satellite television antenna 39 inches or less in diameter and other roof -mounted
equipment such as evaporative coolers or solar panels may be visible upon a
showing that screening of same would: (1) unreasonably delay or pr event
installation, maintenance or use; or (2) unreasonably increase the cost of
installation, maintenance or use; or (3) preclude reception of an acceptable quality
signal.
2. All rooftop equipment in commercial and industrial zones, including heatin g
and air conditioning units, shall be completely screened from surrounding
properties by use of a wall or fence or shall be enclosed within a building.
D. Satellite receiving dish.
1. A satellite receiving dish of 5 feet or more in diameter must conform to the
following standards depending on location:
i. Planned Residential Developments. Appropriate association approval is
required. The receiver is not to be visible from adjacent properties or a public
street.
PLANNING COMMISSION RESOLUTION NO. 2828
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ii. Other Residential Areas. The receiver shall not be visible from the street
or be placed on a rooftop in a required front setback, or any other required
setback except a rear setback with no portion of receiver located within 5 feet
of a property line. Height from existing or f inish adjacent grade, whichever is
less, shall not exceed 14 feet if within 20 feet of a property line or 18 feet
otherwise.
iii. Commercial and Industrial Areas. ARC approval for design and screening
is required if receiver is visible from a public street or adjacent property. The
characteristics of the receiver to be evaluated are the location, type (solid or
mesh), color and screening.
E. Mechanical.
1. All mechanical equipment in general commercial and industrial districts,
including heating and air conditioning units, shall be completely screened from
surrounding properties by use of a wall or fence or shall be enclosed within a
building.
F. Service Industrial district.
1. In an Service Iindustrial Ddistrict the required front yard and required side
yard on the street side of a corner lot, except for the area occupied by necessary
drives and walks, shall be landscaped with trees and other plant materials suitable
for ornamentation.
2. A masonry wall at a minimum height between 5 and 7 feet shall be provided
along all property lines except those adjacent to public rights -of-way, in which case
a setback of 20 feet will be maintained.
3. A dense hedge row at a minimum height of 7 feet shall be provided along all
property lines except for those adjacent to public rights -of-way; in which case a
setback of 20 feet will be maintained (common perimeter screening between
adjoining properties is allowable upon mutual consent of the respective owners).
Planting materials used for perimeter screening shall be the type which shall, within
18 months after property development, provide the intended screening effect.
4. Perimeter screening will not be required if deemed unnecessary by the ARC,
based upon its approval of submitted development and landscaping plans which
establish to its satisfaction that attractive development will occur in keeping with the
intended residential/resort/recreational nature of the community.
G. Planned residential and industrial district.
PLANNING COMMISSION RESOLUTION NO. 2828
46
1. All screening requirements for developments within the planned residential
(PR) and planned industrial (PI) districts shall be determined by the ARC during its
site plan review proceedings.
H. Planned commercial district perimeter.
1. A masonry wall at a minimum height of 7 feet shall be provided along all
property lines except for those adjacent to public rights -of-way, in which case a
setback of 20 feet will be maintained.
2. An opaque hedge row at a minimum height of 7 feet shall be provided along
all property lines except for those adjacent to public rights -of-way; in which case a
setback of 20 feet will be maintained (common perimeter screening between
adjoining properties is allowable upon mutual consent of the respective owners).
Planting materials used for perimeter screening shall be the type which shall, within
18 months after property development, provide the intended screening effect.
3. Perimeter screening will not be required if deemed unnecessar y by the ARC
based upon its approval of submitted development and landscaping plans which
establish to its satisfaction that attractive development will occur in keeping with the
intended residential/resort/recreational nature of the community.
I. Outside storage. No outside storage shall exceed the height of actual perimeter
screening. (Ord. 1259 § 1, 2013)
SECTION 16. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.46.040 is hereby amended as follows:
25.46.040 Parking Requirements
A. Parking schedule. Table 25.46-1 (Parking Schedule) identifies minimum vehicle
parking space requirements for specific uses. Where there is more than one parking
ratio listed in the table, the greater of the two applies. Where the parking ratio is listed
based upon square feet, it shall mean the gross square feet of the building. Unless
otherwise noted, this includes public and private areas.
Table 25.46-1: Parking Schedule
Use Minimum Stalls Required
Residential Uses
Children’s homes 1 per 4 beds1
Cluster housing
Studio and one bedroom 2 per unit
Two and more bedrooms 2 per unit
Condominium
PLANNING COMMISSION RESOLUTION NO. 2828
47
Use Minimum Stalls Required
Studio and one bedroom 2 per unit
Two and more bedrooms 2.5 per unit
Dwelling, mobile home 2 per unit
Dwelling, multifamily
Studio and one bedroom 2 per unit
Two and more bedrooms 2 per unit
Dwelling, single-family 2 per unit
Residential care facility 1 per 4 beds1
Residential care home 1 per 4 beds1
Agricultural and Animal-Related Uses
Stables, boarding 1 per 5 stables2
Veterinary facility 3 per 1,000 sq. ft.
Recreation, Resource Preservation, Open Space, Education, and Public
Assembly Uses
Assembly uses 1 per 3 seats or 1 per 18 inches of bench
area
Billiard halls 2 per billiard table
Bowling alleys 2 per alley
Golf-related uses
Driving ranges 1 per tee3
Golf courses 4 per hole3
Pitch and putt 3 per hole3
Libraries 2 per 1,000 sq. ft.
Preschools, nursery schools, and day
nurseries 2 per 3 employees + 1 per 8 children
Private clubs, union halls, lodge halls 10 per 1,000 sq. ft.
Religious institutions 1 per 3 seats3
Schools, private 1 per employee plus 1 per 3 students at
maximum classroom capacity
Skating rinks, ice and roller 10 per 1,000 sq. ft.3
Sports arenas and stadiums 1 per 3 seats or 1 per 18 inches of bench
area
Swimming pools, commercial 2 per 1,000 sq. ft. of pool area3
Tennis facilities, commercial 3 per court or 1 per 18 inches of bench
area
Theater/auditorium 1 per 3 seats or 1 per 18 inches of bench
area
Utility, Transportation, Public Facility, and Communication Uses
Public utility facilities
2 or 1 per employee (in the largest shift) +
1 per vehicle used in conjunction with the
use
Retail, Service, and Office Uses
Appliance stores 2 per 1,000 sq. ft.
PLANNING COMMISSION RESOLUTION NO. 2828
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Use Minimum Stalls Required
Banks 3 per 1,000 sq. ft.
Drugstores 3 per 1,000 sq. ft.
Financial institutions and savings and loan
offices 2 per 1,000 sq. ft.
Furniture stores 2 per 1,000 sq. ft.
Plant nursery with outdoor sales and
display5
2.5 per 1,000 sq. ft. of gross building area
excluding greenhouse area
Grocery stores 3 per 1,000 sq. ft.
Gym, commercial 8 per 1,000 sq. ft.4
Gym, personal studio 4 per 1,000 sq. ft.
Health, figure, and exercise salons and
spas 5 per 1,000 sq. ft.4
Hotels 1 per guest unit3
Lumber yards
2 per 1,000 sq. ft. of floor area + 1 per
1,000 sq. ft. of open area for sales and
display
Medical, clinics 5 per 1,000 sq. ft.
Medical, hospitals 1.75 per bed
Mortuaries
5 + 250 sq. ft. of usable and accessible
paved parking area for every 25 sq. ft. of
assembly room floor area
Motels 1.1 per guest unit3
Offices 4 per 1,000 sq. ft.
Personal services 4 per 1,000 sq. ft.
Resort hotels 1.1 per guest unit7
Restaurants 8 per 1,000 sq. ft.
Retail uses, general 3 per 1,000 sq. ft.7
Shopping centers, community and regional 4 per 1,000 sq. ft.7
Shopping centers, specialty and district 3 per 1,000 sq. ft.7
Automobile and Vehicle Uses
Auto rental agencies 3 per 1,000 sq. ft. of gross rentals
Auto repair/service stations 1 per 1,000 sq. ft.
Auto gas/convenience 3 per 1,000 sq. ft.
Auto washing, full service 3.5 per 1,000 sq. ft.
Auto washing, self service 1 per vacuum station or wash stall
Auto and vehicle sales 2 per 1,000 sq. ft.
Industrial, Manufacturing, and
Processing Uses
Industrial uses, general5 2 per 1,000 sq. ft.6
Storage, personal storage facility 6 + 2 per caretaker unit7
Support facilities for construction,
renovation, and equipment installations Provide as needed
PLANNING COMMISSION RESOLUTION NO. 2828
49
Use Minimum Stalls Required
Warehouses and storage facilities
2 per 3 employees and not less than 1 per
1,000 sq. ft. for the first 20,000 sq. ft.; 1 per
2,000 sq. ft. for the second 20,000 sq. ft.; 1
per 4,000 sq. ft. for area in excess of initial
40,000 sq. ft.
Wholesaling and distribution 1 per 3,000 sq. ft.
Notes:
1. The number of beds used in the calculation shall match the resident capacity
of the home as listed on the required license or permit.
2. Parking areas for boarding stables should be treated to prevent dust and
designed to provide for the needs of customers and employees.
3. As is needed, additional parking should be provided for other uses on the
site.
4. Swimming pool area shall be counted as part of a facility’s floor area.
5. Except structures used exclusively for warehousing purposes.
6. Loading spaces may be counted as part of the required parking at a rate not
to exceed 1 per 2,500 gross square feet.
7. Additional parking may be required by the Director through the precise plan
process.
B. Valet parking. Valet parking is subject to review and approval either at the time
the predominant use is approved through a conditional use permit with insurance
provisions or later as a specific item by the Code Compliance Supervisor but not until
one year after occupancy resulting from the conditional use permit. Existing commercial
uses utilizing valet parking must have an approved valet parking plan which includes
provisions for insurance for the patrons to the satisfaction of the City Attorney.
C. In-lieu parking payments. In commercial districts, parking spaces required by
the provisions of this chapter may be satisfied by the payment of a fee per parking
space to the off-street parking fund of the City prior to issuance of a building permit
provided that the district in which the use is to be established is within an established
parking district. Funds placed into the off-street parking fund pursuant to the provisions
of this chapter shall be used exclusively for the purpose of acquiring and developing off -
street parking facilities, limited insofar as practicable to the general vicinity of the
premises for which in-lieu payments were made. The payment shall be in an amount set
PLANNING COMMISSION RESOLUTION NO. 2828
50
forth by Council resolution. This provision shall apply only to projects in the C-
1Downtown Districts per Chapter 25.18 of this Title and OP districts and may not be
used to replace more than 50 percent of the required spaces. (Ord. 1334 § 13, 2018;
Ord. 1296 § 14, 2015; Ord. 1279 § 8, 2015; Ord. 1264 § 1, 2013; Ord. 1259 § 1, 2013)
SECTION 17. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.46.080 is hereby amended as follows:
25.46.080 Joint Use Parking
Dual use of parking may be allowed where the operating hours of the uses involved do
not overlap. Joint use of parking shall not exceed 50 percent of the required spaces of
any uses involved. The agreement for the joint use shall be in the form of a record ed
covenant and shall be acceptable to the City attorney. The approval for the joint use can
be granted only by the Commission and shall apply exclusively to the Downtown
Districts per Chapter 25.18 of this TitleC-1 and OP zoning districts. (Ord. 1259 § 1,
2013)
SECTION 18. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.60.050 is hereby amended as follows:
25.60.050 Application Review and Report
After acceptance of a complete application, the project shall be reviewed in accordance
with the environmental review procedures of the California Environmental Quality Act.
The Director will consult with other departments and committees as appropriate to
ensure compliance with all provisions of the municipal code and other adopted policies
and plans. The Director will prepare a report to the designated approving authority
describing the project, and his or hertheir recommendation to approve, conditionally
approve, or deny the application. The report shall be provided to the applicant prior to
consideration of the entitlement request. The report may be amended as necessary or
supplemented with additional information at any time prior to the hearing to address
issues or information not reasonably known at the time the report is prepared. (Ord.
1259 § 1, 2013)
SECTION 19. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.60.120 is hereby amended as follows:
25.60.120 Revocation
This section provides procedures for the revocation of previously approved land use
entitlements or permits.
PLANNING COMMISSION RESOLUTION NO. 2828
51
A. Consideration. The approving authority for the original entitlement or permit shall
consider the revocation of same entitlement or permit.
B. Decision to revoke.
1. The ZA may revoke a temporary use permit without a public hearing at the
sole discretion of the ZA.
2. The Director may revoke a home-based business permit and a certificate of
use without a public hearing at his or hertheir sole discretion.
3. Except as specified in paragraphs 1 and 2 above, the decision to revoke an
entitlement or permit granted pursua nt to the provisions of this title shall be
considered at a noticed public hearing by the review body that originally approved
the permit. Public notice shall be provided and public hearing conducted pursuant
to Section 25.60.060 (Public Hearing and Public Notice).
C. Findings. A decision to revoke an entitlement or permit may be made if any one
of the following findings can be made:
1. Circumstances under which the entitlement or permit was granted have been
changed to a degree that one or more of the findings contained in the original
entitlement or permit can no longer be met.
2. The entitlement or permit was issued, in whole or in part, on the basis of a
misrepresentation or omission of a material statement in the application, or in the
evidence presented during the public hearing, for the entitlement or permit.
3. One or more of the conditions of the entitlement or permit have not been
substantially fulfilled or have been violated.
4. The use or structure for which the entitlement or permit was granted has
ceased to exist or has lost its legal nonconforming use status.
5. The improvement authorized in compliance with the entitlement or permit is in
violation of any code, law, ordinance, regulation, or statute.
6. The improvement or use allowed by the entitlement or permit has become
detrimental to the public health, safety, or welfa re or the manner of operation
constitutes or is creating a public nuisance. (Ord. 1259 § 1, 2013)
SECTION 20. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.60.150 is hereby amended as follows:
25.60.150 Certificate of Use and Occupancy
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A. Purpose. In order to assure that each new or expanded use of a structure or site
or alteration of an existing structure complies with all applicable provisions of this title, a
use certificate is required before any building permit may be issued or any structure or
site is used. A certificate of occupancy as required in the City building code shall be
issued only for a structure that conforms to the use certificate.
B. Application and issuance of use certificate. Applications for a use certificate
shall be made on a form prescribed by the Commission and shall be accompanied by
plans and additional information as necessary, in the opinion of the Zoning
Administrator (ZA) Director,, to demonstrate conformity with this title. The DirectorZA
shall check the application and all data submitted with it and shall issue a use certificate
if he or shethey finds that all applicable provisions of this title will be complied with.
C. Issuance of building permit. The building official shall not issue a building
permit until the ZA has approved a use certificate for the structure which is the subject
of the building permit.
D. Issuance of certificate of occupancy. The building official shall not issue a
certificate of occupancy for a structure or alteration until he or she hasthey have found
that the structure or alteration conforms with the use certificate, until all required
screening and landscaping and off-street parking and loading facilities are complete,
and he or shethey haves found that all conditions attached to a use permit, a variance,
and design review have been met; provided, that the building official may issue a
certificate of occupancy prior to the fulfillment of all requirements of this title if a faithful
performance bond in an amount determined by the building official to be sufficient to
complete the work necessary to meet the requirements is filed with the City. Cash in the
amount of the faithful performance bond may be deposited with the City in lieu of the
bond.
E. Temporary certificate. A temporary certificate of occupancy may be issued by
the Building Official prior to the time that all of the requirements for a certificate of
occupancy have been met; provided, that no permit other than a temporary permit s hall
be issued for gas or electric utilities until the Building Official determines that all of the
requirements for a certificate of occupancy have been met. A temporary permit for gas
or electric utilities shall be valid for 10 working days. If temporary permits for gas or
electric utilities expire without the requirements for issuance of a certificate of
occupancy having been met, the Building Official shall request the public utility to
discontinue service.
F. Determination of compliance with required conditions. If the ZA Director is
unable to determine from information submitted by the applicant that a proposed use
will comply with the required conditions for the district in which it is to be located, theyhe
or she shall not issue a use certificate, but shall, at his or hertheir option, secure expert
professional advice from firms or individuals acceptable to the City as well as the
applicant. (Ord. 1293 § 1, 2015)
PLANNING COMMISSION RESOLUTION NO. 2828
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SECTION 21. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.62.090 is hereby amended as follows:
25.62.090 Notice of Nonconformity
The owner or occupant of property that is determined to be a nonconforming lot,
building, or use under this chapter shall receive a notice, in writing, of that
determination.
A. Notice contents. The notice shall state the grounds for the decision and shall
require the nonconforming lot, building, use, or land to be abated within a time
determined by the City staff to be reasonable. The letter shall advise that if the
nonconforming lot, building, or us e is not abated within the time specified, the
abatement work will be completed by the City and the costs thereof will be charged
against the property or its owner. The notice shall furthermore provide that any person
having any record title or legal interest in the building or lot may request a hearing,
provided that the request is made in writing, as provided in this section, and filed with
the City within 30 days from the date of service of such notice. The notice shall finally
provide that failure to re quest a hearing will constitute a waiver of all right to an
administrative hearing and determination of the matter.
B. Service of notice of nonconformity. The notice and order, and any amended or
supplemental notice and order, shall be served upon the record owner, and posted on
the property. One copy thereof shall be served on each of the following persons, if
known to the City or disclosed from public records:
1. The holder of any mortgage or deed of trust or other lien or encumbrance of
record.
2. The owner or holder of any lease of record.
3. The holder of any other estate or legal interest of record in or to the building,
or the land on which it is located. The failure of the City to serve any person
required in this subsection to be served shall not invalidate any proceedings under
this section as to any other person duly served or relieve any such person from any
duty or obligation imposed on him or herthem by the provisions of this section.
C. Method of service—Effective date of service. Service of the notice shall be
made upon all persons entitled thereto, either personally, or by mailing a copy of such
notice and order by certified mail, postage prepaid, return receipt requested, to each
such person at his or hertheir address as it appears on the last equalized assessment
roll of the County or as known to the City. If no address of any such person so appears,
or is known to the City, then a copy of the notice shall be so mailed, addressed to such
person at the address of the l ot or building involved in the proceedings. The failure of
any such person to receive such notice shall not affect the validity of any proceedings
PLANNING COMMISSION RESOLUTION NO. 2828
54
taken under this section. Service by certified mail in the manner provided in this
subsection shall be effective on the date of mailing.
D. Proof of service. Proof of service of the notice shall be certified to at the time of
service by written declaration, under penalty of perjury, executed by the persons
effecting such service, declaring the time, date, and manner in which service was made.
The declaration, together with any receipt card returned and acknowledgment of receipt
by certified mail shall be affixed to the copy of the notice and retained by the City staff.
(Ord. 1259 § 1, 2013)
SECTION 22. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.62.100 is hereby amended as follows:
25.62.100 Abatement Hearings
A. Request for hearing. Any person entitled to notice under Section 25.62.090 of
this chapter may, within 30 days of receipt of the notice, request a hearing. The request
for hearing shall be in writing, and shall contain the following information:
1. A brief statement setting forth the legal interest of each of the persons
requesting the hearing in the building, land, or lot involved.
2. A brief statement in ordinary and concise language of the specific City action
protested, together with any material facts claimed to support the contentions of the
persons requesting the hearing.
3. A brief statement, in ordinary and concise language, of the relief sought, and
the reasons why it is claimed the protested City act ion should be reversed,
modified, or otherwise set aside.
4. The signatures of all parties requesting the hearing, and their official mailing
addresses.
5. The verification, by declaration under penalty of perjury, of at least one
person who is requesting the hearing, as to the truth of the matters stated in the
request for hearing.
B. Abatement hearing board established. In order to provide for final interpretation
of the provisions of this chapter, and to conduct hearings provided for below, there is
established an abatement hearing board, hereinafter referred to as the “board,”
consisting of three members. One such member shall be a member of the Council. A
second member shall be a member of the Commission. A third member shall not be an
employee of the City. The Director shall be an ex-officio member of, and shall act as
secretary to the board. The board shall be appoin ted by the Council and shall hold office
at its pleasure. The board shall adopt reasonable rules and regulations for conducting
PLANNING COMMISSION RESOLUTION NO. 2828
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its business, and shall render all decisions and findings, in writing, to the person
requesting a hearing, with a copy to the Director. Copies of all rules and regulations
adopted by the board shall be delivered to the Director, who shall make them freely
accessible to the public.
C. Notice of hearing—Form. As soon as practicable, after receiving the written
request for a hearing, the board shall fix a date, time, and place for the hearing by the
board. Such date shall be not less than 10 days or more than 60 days from the date the
request for hearing was filed. Written notice of the time and place of the hearing shall be
given at least 10 days prior to the date of the hearing, to each person requesting a
hearing by the secretary of the board, either by causing a copy of such notice to be
delivered to the persons requesting the hearing personally, or by mailing a copy thereof,
postage prepaid, addressed to the person requesting the hearing at his or hertheir
address shown on the request for a hearing. The notice to the person requesting the
hearing shall be substantially in the following form, but may include other information:
1. You are hereby notified that a hearing will be held before the abatement
hearing board at _____ on the ______ day of _________, ______, at the hour of
_________, upon the notice served upon you. You may be present at the hearing.
You may be, but need not be, represented by counsel. You may present any
relevant evidence and will be given full opportunity to cross -examine all witnesses
testifying against you. You may request the issuance of subpoenas to compel the
attendance of witnesses, and the production of books, documents, or other things
by filing an affidavit therefor with the abatement hearing board.
D. Hearing procedures. The following procedures shall apply to the conduct of the
hearing:
1. The hearing shall take place before the thre e members of the abatement
hearing board, who shall act as hearing examiners to conduct the hearings.
2. A record of the entire proceeding shall be made by tape recording, or by any
other means of permanent recording, determined to be appropriate by t he board.
3. The proceedings at the hearing shall also be reported by a stenographic
reporter, if requested by any party thereto. A transcript of the proceedings shall be
made available to all parties, upon request and upon payment of the fee prescrib ed
therefor. Such fees may be established by the board, but shall, in no event, be
greater than the cost involved.
4. The board may grant continuances for good cause shown.
5. In any proceedings under this chapter, the board, or any board member, has
the power to administer oaths and affirmations and to certify to official acts.
PLANNING COMMISSION RESOLUTION NO. 2828
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6. The board and its representatives shall proceed with reasonable dispatch to
conclude any matter before it. Due regard shall be shown for the convenience and
necessity of any parties or their representatives.
7. The board may obtain the issuance and service of a subpoena for the
attendance of witnesses, or the production of other evidence at a hearing upon the
request of a member of the board, or upon the filing of an affidavit therefor, which
states the name and address of the proposed witness; specifies the exact things
sought to be produced and the materiality thereof in detail to the issues involved;
and states that the witness has the desired things in his or hertheir possession or
under his or hertheir control.
8. Hearings need not be conducted according to the technical rules relating to
evidence and witnesses.
9. Oral evidence shall be taken only on oath or affirmation.
10. Hearsay evidence may be used for the purpose of supplementing or
explaining any direct evidence, but shall not be sufficient, in itself, to support a
finding unless it would be admissible over objection in civil actions in courts of
competent jurisdiction in this state.
11. Any relevant evidence shall be admitted, if it is the type of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rule, whic h might make
improper the admission of such evidence over objection in civil actions in courts of
competent jurisdiction in this state.
12. Irrelevant and unduly repetitious evidence shall be excluded.
13. In reaching a decision, official notice may be taken, either before or after
submission of the case for decision, of any fact which may be judicially noticed by
the courts of this state, or of official records of the board or departments and
ordinances of the city, or rules and regulations of the he aring board.
14. The board may inspect any buildings or lots involved in the hearing during the
course of the hearing, provided that notice shall be given to the parties before the
inspection is made, the parties are given an opportunity to be present d uring the
inspection, and the board shall state for the record, upon completion of the
inspection, the material facts observed and the conclusions drawn therefrom. Each
party then shall have a right to rebut or explain the matters so stated by the board.
15. The hearing shall be open to the public.
16. The City shall have the burden of proof, and shall first present its evidence as
the first order of business. The party requesting the hearing may then cross -
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examine the witnesses presented on behalf of the City. The person requesting the
hearing may then present evidence. The City may then cross -examine the
witnesses presented on behalf of the person requesting the hearing.
17. Upon receipt of all the evidence the board shall then retire to deliberat e and
shall render a decision not less than 5 days after the date of the hearing. The City
has the burden of persuasion by a preponderance of the evidence, which burden
shall be taken into consideration by the board in rendering its decision.
18. The decision of the board shall be in writing and shall contain findings of fact;
a determination of the issues presented, and shall also contain the requirements to
be complied with by the person requesting the hearing. A copy of the decision shall
be delivered to the person requesting the hearing, personally, or sent to themhim or
her by certified mail, postage prepaid, return receipt requested. The effective date
of the decision shall be as stated thereon.
E. Rights of parties at the hearing. Each party shall have these rights, at the
hearing:
1. To call and examine witnesses on any matter relevant to the issues of the
hearing.
2. To introduce documentary and physical evidence.
3. To cross-examine opposing witnesses on any matter relevant to the issues of
the hearing.
4. To impeach any witness, regardless of which party first called him or herthem
to testify.
5. To rebut the evidence against him or herthem.
6. To represent him or herselfthemself, or to be represented by anyone of his or
hertheir choice, including an attorney at law, who is lawfully permitted to do so.
F. Appeal to Council. The decision of the board may be appealed to the Council
within 15 days of the date of service of the decision of the board. The Council shall hear
the appeal as soon as practicable. The appeal shall not be de novo, and shall be based
only on the hearing transcript, the evidence presented at the hearing, those matters
officially noticed, and the writte n decision of the board. Any action of the board shall be
stayed pending the outcome of the appeal. The decision of the Council shall be final.
(Ord. 1259 § 1, 2013)
SECTION 23. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.64.100 is hereby removed and amended as follows:
PLANNING COMMISSION RESOLUTION NO. 2828
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25.64.020 (Repealed per SB 234) Large Family Day
Care Use Permits
A. Purpose. Pursuant to California Health and Safety Code Section 1597.46, the City
of Palm Desert prescribes reasonable land use standards, restrictions and requirements
concerning space and concentration, traffic control, parking, and noise control relating
to large family day care homes. A permit allows for the operation of a large family day
care home in conformance with such standards, restrictions, and requirements. Its
purpose is not to license, certify, or otherwise regulate the quality and safety of day care
services provided by family day care homes and those who operate them, which are
governed exclusively at the state level by the Department of Social Services.
B. Application process. Applications for use permits to operate a large family day
care home shall be made to the ZA or his or her designee, who shall specify the form of
said applications consistent with this section. At a minimum, application forms shall
indicate all of the following:
1. Number of children to be cared for by the applicant, including the applicant’s
own children less than 10 years of age.
2. Number of employees.
3. State license number.
4. Proof that the applicant is in lawful possession and control of the real property
proposed to be used as a large family day care home.
5. In addition to submission of a completed application form as provided by this
chapter, the applicant shall submit the following documentation:
i. One copy of the assessor’s parcel map.
ii. One copy of a site plan (8.5 by 11 inches) showing: location and
dimension of existing residence and other structures, including permanent
outdoor play structures and equipment, and fencing; distance to property line;
parking areas and number of spaces both on -site and off-site; access to and
exits from the home; floor(s) on which day care is to be provided; traffic
circulation; and location of fire extinguishers and smoke detectors.
iii. An accurate traffic circulation plan showing parking, circulation, and drop -
off areas.
Formatted: Not Highlight
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C. Notice to property owners. Not less than 10 days prior to the date on which the
decision will be made on the application, the ZA or his or her designee shall give notice
of the proposed use by mail or delivery to all owners shown on the last equalized
assessment roll as owning real property within a 300 -foot radius of the exterior
boundaries of the proposed large family day care home. A copy of the notice shall also
be sent to the applicant. The notice shall inform its recipient that no hearing shall be
held before a decision on the application unless requested by the recipient.
D. Decision by the Zoning Administrator. After proper notice has been given to
affected property owners, the ZA or his or her designee shall render a decision on the
application. Unless requested by the applicant or other affected person, no hearing shall
be held on the application before a decision is made. The application shall be approved
if all of the following standards and requirements are met:
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, subject to an application for an exception to said 300-
foot distance which may, after a public hearing and notice to the adjacent property
owners in accordance with this chapter, cause the reduction to no more than 100
feet from another large family day care home. The foregoing spacing and
concentration requirements shall not apply to large family day care homes which
are already operating in the City on the date this chapter takes effect.
2. Traffic Control. The traffic circulation plan shall be designed to diminish tra ffic
safety problems. Residences located on major arterial streets (as shown on the
General Plan circulation map) must provide a drop -off/pickup 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 pickup 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 of this code. Additional conditions may be placed on u se 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.
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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 department of community development at all
times.
8. State Licensing. All appropriate licensing from the state 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 family day care homes. (See Title 22 of the California
Code of Regulations.) No application shall be approved unless and until the City’s
building inspector and fire marshal, or their designees, have first inspected the
premises and approved that the home does comply with the foregoing building and
fire code provisions. However, a copy of the applicable state licensing evaluation
report covering these issues may be found by the City staff to be sufficient.
10. Smoking Restricted. Consistent with Section 1596.795 of the Health and
Safety Code, smoking of tobacco and other substances—whether in pipe, cigar, or
cigarette form—shall not be allowed in the applicant’s home during its hours of
operation as a large family day care home with respect to those areas of the home
where children are present.
11. Single-Family Zoning. No use permit shall be issued unless the dwelling unit
proposed to be used as a large family day care home is located on a lot zoned or
used for single-family dwellings under this chapter.
12. Proof of Control. No use permit shall be issued unless the applicant can
demonstrate legal authority and control over the real property pro posed to be used
as a large family day care home.
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 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.
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F. Expiration of permit. If a large family day care home possessing a use permit
ceases to operate for a period greater than 365 consecutive days or its state license
expires, whichever occurs first, and then its use permit shall be considered null and
void. Permits are nontransferable.
G. Review of permit—Suspension or revocation.
1. Upon determination that the holder of a large family day care home use
permit has not complied with all of the standards and requirements of this chapter,
the ZA may require the use permit to be re viewed by the Commission at a public
hearing. A noticed public hearing to review the use permit is mandatory when the
City receives six substantiated complaints alleging violations of this chapter.
2. If the Commission determines that the holder has failed in a material way to
comply with all of the stan-dards and requirements of this chapter, then the
Commission may suspend or revoke the permit or may, in its discretion, impose
additional reasonable standards and requirements consistent with state law , based
on findings derived from testimony and evidence presented at the public hearing.
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. (Ord. 1279 §§ 16—19, 2015; Ord.
1259 § 1, 2013)
SECTION 24. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.64.050 is hereby amended as follows:
25.64.050 Reasonable Accommodation
A. Purpose. In accordance with federal and state fair housing laws, it is the purpose
of this section to allow for reasonable accommodations in the City’s zoning and land use
regulations, policies, and practices when needed to provide an individual with a
disability an equal opportunity to use and enjoy a dwe lling.
B. Application.
1. Applicant. A request for reasonable accommodation may be made by any
person with a disability, their representative, or a developer or provider of housing
for individuals with a disability. A reasonable accommodation may be approved
only for the benefit of one or more individuals with a disability.
2. Application. An application for a reasonable accommodation from a zoning
regulation, policy, or practice shall be made on a form specified by the ZA. No fee
PLANNING COMMISSION RESOLUTION NO. 2828
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shall be required for a request for reasonable accommodation, but if the project
requires another discretionary permit, then the prescribed fee shall be paid for all
other discretionary permits.
3. Other Discretionary Permits. If the project for which the request for
reasonable accommodation is made requires another discretionary permit or
approval, then the applicant may file the request for reasonable accommodation
together with the application for the other discretionary permit or approval. The
processing procedures of the discretionary permit shall govern the joint processing
of both the reasonable accommodation and the discretionary permit.
4. Required Submittals. In addition to materials required under other applicable
provisions of this code, an application for reasonable accommodation shall include
the following:
i. Documentation that the applicant is: (a) an individual with a disability; (b)
applying on behalf of one or more individuals with a disability; or (c) a
developer or provider of housing for one or more individuals with a disability.
ii. The specific exception or modification to the zoning code provision,
policy, or practices requested by the applicant.
iii. Documentation that the specific exception or modification requested by
the applicant is necessary to provide one or more individuals with a disability
an equal opportunity to use and enjoy the residence.
iv. Any other information that the ZA reasonably concludes is necessary to
make a determination on a reasonable accommodation request, so long as
any request for information regarding the disability of the individuals benefited
complies with fair housing law protections and the privacy rights of the
individuals affected.
C. Review procedure. The ZA is designated approval authority for reasonable
accommodation requests and shall approve a reasonable accommodation request if the
compliance requirements below are addressed.
D. Required findings. The written decision to approve a request for reasonable
accommodation shall be based on the following findings, all of which are required for
approval:
1. The requested accommodation is requested by or on behalf of one or more
individuals with a disability protected under the fair housing laws.
2. The requested accommodation is necessary to provide one or more
individuals with a disability an equal opportunity to use and enjoy a dwelling.
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3. The requested accommodation will not impose an undue financial or
administrative burden on the City as “undue financi al or administrative burden” is
defined in fair housing laws and interpretive case law.
4. The requested accommodation will not result in a fundamental alteration in
the nature of the City’s zoning program, as “fundamental alteration” is defined in fa ir
housing laws and interpretive case law.
5. The requested accommodation will not, under the specific facts of the case,
result in a direct threat to the health or safety of other individuals or substantial
physical damage to the property of others.
E. Alternative reasonable accommodations. The decision-maker may approve
alternative reasonable accommodations that provide an equivalent level of benefit to the
applicant.
F. Consideration factors. The City may consider, but is not limited to, the following
factors in determining whether the requested accommodation is necessary to provide
one or more individuals with a disability an equal opportunity to use and enjoy a
dwelling:
1. Whether the requested accommodation will affirmatively enhan ce the quality
of life of one or more individuals with a disability.
2. Whether the individual or individuals with a disability will be denied an equal
opportunity to enjoy the housing type of their choice absent the accommodation.
3. In the case of a residential care facility, whether the requested
accommodation is necessary to make facilities of a similar nature or operation
economically viable in light of the particularities of the relevant market and market
participants.
4. In the case of a residential care facility, whether the existing supply of
facilities of a similar nature and operation in the community is sufficient to provide
individuals with a disability an equal opportunity to live in a residential setting.
G. Consideration factors—Fundamental alteration to zoning program. The City
may consider, but is not limited to, the following factors in determining whether the
requested accommodation would require a fundamental alteration in the nature of the
City’s zoning program:
1. Whether the requested accommodation would fundamentally alter the
character of the neighborhood.
2. Whether the requested accommodation would result in a substantial increase
in traffic or insufficient parking.
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3. Whether the requested accommodation would substantially undermine any
express purpose of either the City’s General Plan or an applicable specific plan.
4. In the case of a residential care facility, whether the requested
accommodation would create an institutionalized envir onment due to the number of
and distance between facilities that are similar in nature or operation.
H. Rules while decision is pending. While a request for reasonable
accommodation is pending, all laws and regulations otherwise applicable to the prope rty
that is the subject of the request shall remain in full force and effect.
I. Effective date. No reasonable accommodation shall become effective until the
decision to grant such accommodation shall have become final by reason of the
expiration of time to make an appeal. In the event an appeal is filed, the reasonable
accommodation shall not become effective unless and until a decision is made by the
Council on such appeal, pursuant to the provisions of this section.
J. Expiration. Any reasonable accommodation approved in accordance with the
terms of this chapter shall expire within 24 months from the effective date of approval or
at an alternative time specified as a condition of approval unless one of the following
applies:
1. A building permit has been issued and construction has commenced.
2. A certificate of occupancy has been issued.
3. The use is established.
4. A time extension has been granted.
K. Time extension. The ZA may approve a single one-year time extension for a
reasonable accommodation for good cause. An application for a time extension shall be
made in writing to the ZA no less than 30 days or more than 90 days prior to the
expiration date. The request for an extension shall be subject to the same notice,
hearing, and appeal requirements applicable to the original application.
L. Violation of terms. Any reasonable accommodation approved in accordance with
the terms of this code may be revoked if any of the conditions or terms of such
reasonable accommodation are violated, or if any law or ordinance is violated in
connection therewith. Revocation of a reasonable accommodation shall be subject to
the same notice, hearing, and appeal requirements applicable to the original application.
M. Discontinuance. A reasonable accommodation shall lapse if the exercise of
rights granted by it is discontinued for 180 consecutive days. If the persons initially
occupying a residence vacate, the reasonable accommodation shall remain in effect
only if the ZA determines that: (1) the modification is physically integrated into the
PLANNING COMMISSION RESOLUTION NO. 2828
65
residential structure and cannot easily be removed or altered to comply with the zoning
code, or (2) the accommodation is necessary to give another disabled individual an
equal opportunity to enjoy the dwelling. The ZA may request the applicant or his or
hertheir successor in interest to the property to provide documentation that subsequent
occupants are persons with disabilities. Failure to provide such documentation within 10
days of the date of a request by the City shall constitute grounds for discontinuance by
the City of a previously approved reasonable accommodation.
N. Revocation. Any revocation shall be noticed and heard pursuant to the
procedures established in this title.
O. Amendments. A request for changes in conditions of approval of a reasonable
accommodation, or a change to plans that would affect a condition of approval shall be
treated as a new application. The ZA may waive the requirement for a new application if
the changes are minor, do not involve substantial alterations or additions to the plan or
the conditions of approval, and are consistent with the intent of the original approval.
(Ord. 1259 § 1, 2013)
SECTION 25. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.68.030 is hereby amended as follows:
25.68.030 Exceptions to ARC review
A. Minor modifications. When in the opinion of the ZA, the approval of an
application for a minor or insignificant permit does n ot defeat the purposes and
objectives of this chapter, he or shethey may grant the permit without submitting the
matter to the ARC for its approval, notwithstanding any other provisions of this chapter.
B. Staff’s review of a single-family residence. Department staff shall review
applications for the issuance of a bui lding permit for a dwelling in the single -family and
residential estate zones. The staff, on its own initiative, may forward such a request to
the ARC for action. (Ord. 1259 § 1, 2013)
SECTION 26. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.72.020 is hereby amended as follows:
25.72.020 Use Determinations
A. Purpose. In order to ensure that the zoning regulations will permit all similar uses
in each district, the Commission, upon its own initiative or upon request, shall determine
whether a use not specifically listed as a permitted or conditional use in any district shall
be deemed a permitted use or a conditional use in any one or more districts on the
basis of similarity to uses specifically listed. The procedures of this chapter shall not be
PLANNING COMMISSION RESOLUTION NO. 2828
66
substituted for the amendment procedure as a means of adding new uses to t he list of
permitted or conditional uses.
B. Application—Submittal requirements. Application for determination of similar
uses shall be made in writing to the Director and shall include a detailed description of
the proposed use and such other informa tion as may be required to facilitate the
determination.
C. Investigation and report. The Director shall make such investigation of the
application as necessary to compare the nature and characteristics of the proposed use
with those uses specifically listed and shall make a report of his or hertheir findings to
the Commission.
D. Determination. The determination of the Commission shall be rendered in writing
and shall be transmitted to the Council within 15 days of the determination. The decision
of the Commission shall become final within 30 days unless an appeal is filed or the
majority of the Council elects to review the determination.
E. Determination by City Council. If required, the Council shall make a
determination as prescribed in Section 25.60.080 (Appeals). (Ord. 1259 § 1, 2013)
SECTION 27. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.72.050 is hereby amended as follows:
25.72.050 Conditional Use Permit
A. Purpose. In order to give the use regulations the flexibility necessary to achieve
the objectives of this title, in certain districts, conditional uses are permitted, subject to
the granting of a conditional use permit. Because of their unusual characteristics,
conditional uses require special consideration so that they may be located proper ly with
respect to the objectives of the zoning regulations and with respect to their effects on
surrounding properties. In order to achieve these purposes, the Commission is
empowered to grant or deny applications for conditional use permits for such cond itional
uses as are prescribed in the district regulations and to impose reasonable conditions
upon the granting of conditional use permits subject to the right of appeal to the Council.
B. Application requirements. Application for a conditional use p ermit shall be filed
with the Department on a form prescribed by the Director and shall include materials as
required.
C. Investigation and report. The Department shall make an investigation of the
application and shall prepare a report thereon which shall be submitted to the
Commission and made available to the applicant prior to the public hearing.
PLANNING COMMISSION RESOLUTION NO. 2828
67
D. Hearings. The Commission shall hold at least one public hearing on each
application for a conditional use permit. The hearing shall be set and notice given as
prescribed in Section 25.60.060 (Public Hearing and Public Notice). At the public
hearing, the Commission shall review the application and drawings submitted therewith
and shall receive pertinent evidence concerning the proposed use and proposed
conditions under which it would be operated or maintained.
E. Action of the Commission. The Commission may grant a conditional use permit
as the permit was applied for or in modified form, or the application may be denied. A
conditional use permit may be granted for a limited time period, or may be granted
subject to such conditions as the Commission may prescribe. C onditions may include,
but shall not be limited to, payment of drainage fees; requiring special yards, open
spaces, buffers, fences, and walls; requiring installation and maintenance of
landscaping; requiring street dedications and improvements; regulation of points of
vehicular ingress and egress; regulation of traffic circulation; regulation of signs;
regulation of hours of operation and methods of operation; control of potential
nuisances; prescribing standards for maintenance of buildings and grounds; p rescription
of development schedules and development standards; and such other conditions as
the Commission deems necessary to ensure compatibility of the use with surrounding
developments and uses and to preserve the public health, safety, and welfare.
F. Findings. The Commission shall make the following findings before granting a
conditional use permit:
1. That the proposed location of the conditional use is in accord with the
objectives of this title and the purpose of the district in which the site is located.
2. That the proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the public
health, safety, or welfare, or be materially injurious to properties or impr ovements in
the vicinity.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
4. That the proposed conditional use complies with the goals, objective s, and
policies of the City’s General Plan.
G. Effective date of the use permit. The decision of the Commission shall be final
within 15 days from the date of the decision unless an appeal has been filed with the
Council.
H. Lapse of conditional use permit. A conditional use permit shall lapse and shall
become void one year following the date on which the use permit became effective,
unless prior to the expiration of one year a building permit is issued and construction is
commenced and diligently pursued toward completion on the site which was the subject
PLANNING COMMISSION RESOLUTION NO. 2828
68
of the use permit application, or a certificate of occupancy is issued for the structure
which was the subject of the use permit application, or the site is occupied if no building
permit or certificate of occupancy is required; provided that a use permit for a public
utility installation may be valid for a longer period is specified by the Commission. Prior
to the expiration of the permit, the applicant may request a one year time extension by
filing with the Commission.
I. Modification of conditional use. Modification, expansion, or other change in a
conditional use; provided, that minor revisions or modifications may be approved by the
Director if he or shethey determines that the changes would not affect the findings
prescribed in Section 25.72.050.F (Findings), and the application for revision or
modification is filed within one year from the date the original conditional use permit
becomes final, does not change the use designated in the original conditional use
permit, does not increase, reduce, or alter the size or shape of the premises to which
the original conditional use permit pertained, and does not extend the time in which the
actual establishment of the condition al use permit or the commencement of construction
under the conditional use permit shall take place.
J. Suspension and revocation. Any conditional use permit issued pursuant to the
provisions of this title may be modified, discontinued, suspended or revoked by the
Commission upon receiving satisfactory evidence that the permittee, its agent(s),
employee(s), or any person connected or associated with the permittee: (1) has failed to
comply with any applicable provision of the Palm Desert Municipal Code , including but
not limited to the City’s building, zoning, and health regulations; (2) has failed to comply
with any condition imposed by the conditional use permit; or (3) has allowed the
existence of or created a public nuisance in violation of the Palm Desert Municipal
Code. The modification, discontinuance, suspension, or revocation shall be made only
after a duly noticed hearing before the Commission, which hearing shall be conducted
within 40 days of learning of the violation.
K. Commission determination.
1. Not more than 30 days or less than 10 days prior to the hearing, written notice
of the time and place of hearing shall be given to the permittee. The notice shall
specify in general terms the grounds upon which the Commission intends to
modify, discontinue, suspend, or revoke the conditional use permit. The notice shall
be deemed complete when delivered to the permittee by personal service, when
sent by certified mail to the permittee’s last known address, or when posted in a
conspicuous place on the property for which the conditional use permit was issued.
2. Notice of the hearing shall also be mailed not more than 30 days or less than
10 days prior to the hearing to all persons whose names appear on the latest
adopted tax roll of Riverside County as owning property within 300 feet of the
exterior boundaries of the property subject to the hearing and all persons who have
filed written complaints with the City regarding the subject property.
PLANNING COMMISSION RESOLUTION NO. 2828
69
3. After giving notice and conducting the hearing, the Commission may modify,
discontinue, suspend, or revoke the conditional use permit. As part of any such
action, the Commission may impose such conditions as it deems appropriate,
including those necessary to protect the best interests of the surrounding property
to the neighborhood; to eliminate, lessen, or prevent any detrimental effect thereon;
or to assure compliance with other applicable provisions of the law. Any such action
shall be supported by written findings, including a finding that it does not impair the
constitutional rights of any person.
4. The decision of the Commission shall become final 30 days following the date
on which the conditional use permit was suspended or revoked unless an appeal
has been filed with the Council in accordance with Section 25.60.080 (Appeals) of
this code.
L. New applications. Following the denial of a conditiona l use permit application or
the revocation of a conditional use permit, no application for a conditional use permit for
the same or substantially the same conditional use on the same or substantially the
same site shall be filed within one year from the date of denial or revocation of the
conditional use permit.
M. Use permit to run with the land. A conditional use permit granted pursuant to
the provisions of this chapter shall run with the land, and shall continue to be valid upon
a change of ownership of the site or structure which was the subject of the conditional
use permit application. However, the City shall be notified of any change of ownership
within 90 days of its occurrence. (Ord. 1259 § 1, 2013)
SECTION 28. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.78.040 is hereby amended as follows:
25.78.040 Amendments—Zoning Map
A. Procedure. The zoning map may be amended by changing the boundaries of any
district in accord with the procedures described in this chapter.
B. Initiation. A change in the boundaries of any district may be initiated by the
owner, or the authorized agent of the owner of the property, by filing an application for a
change in district boundaries. If t he property for which a change of district is proposed
with more than one owner, all the owners or their authorized agents shall be part of the
application. A change in the boundaries of any district may additionally be initiated by
resolution of the Commission or the Council.
C. Application—Submittal requirements. A property owner desiring to propose a
change in the boundaries of the district in which his or hertheir property is located, or his
or her authorized agent, may file with the Department an application for a change in
PLANNING COMMISSION RESOLUTION NO. 2828
70
district boundaries on a form prescribed by the Commission and shall include the
following information:
1. Name and address of the applicant.
2. Statement that the applicant is the plaintiff in an action of eminent domain to
acquire the property or the owner or the authorized agent of the owner of the
property for which the change in district boundaries is proposed.
3. Address and legal description of the property.
4. An accurate scaled drawing of the site and the surrounding area showing
existing streets and property lines for a distance determined by the Director to be
necessary to illustrate the relationship to any impact on the surrounding area.
5. A list of all owners of properties located within 300 feet of the exterior
boundaries of the subject property, taken from the latest adopted tax roll of
Riverside County; the list shall be keyed to a map showing the location of these
properties.
D. Action by the Council.
1. The Council shall hold at least one public hearing on an application within 40
days after the receipt of the resolution or report by the Commission, provided that
no hearing shall be held on an application which has been denied by t he
Commission unless an appeal is filed. The hearing shall be set and notice given as
prescribed in Section 25.60.060 (Public Hearing and Public Notice).
2. If the Council finds that the change is not consistent, it shall deny the
application pursuant to a resolution of denial.
E. New application following denial. Following the denial of an application for a
change in district boundaries, an application or request for the same or substantially the
same change shall not be filed within one year of the date of denial.
F. Change of zoning map. A change in district boundaries shall be indicated by
listing on the zoning map the number of the ordinance amending the map. (Ord. 1259 §
1, 2013)
SECTION 29. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.78.060 is hereby amended as follows:
25.78.060 Development Agreements
PLANNING COMMISSION RESOLUTION NO. 2828
71
A. Purpose. The purpose of this chapter is to provide the City with greater control
and flexibility in the evaluation of projects by tailoring development standards to the
unique features of a particular site and linking them with specific development proposa ls
and performance criteria.
B. Eligibility. Persons or organizations entering into development agreement with
the City must have a legal or equity interest property.
C. Contents. A development agreement, at a minimum, shall specify or contain th e
following:
1. Duration of agreement.
2. Maximum height and size of building.
3. Permitted uses.
4. A general site plan showing arrangement of uses, circulation, and required
dedication.
5. A timetable for the completion of various project phases or other features of
the agreement.
6. Other conditions, terms, restrictions, and requirements for subsequent
discretionary actions.
D. Public hearing and notice. A public hearing on an application for a development
agreement shall be held by the Commission and Council. Notice of intention to consider
adoption of a development agreement shall be given as provided in
Section 25.60.060 (Public Hearing and Public Notice).
E. Form and consistency. A development agreement shall be approved by
ordinance and shall be consistent with general and specific plans.
F. Rules, regulations, and official policies. Unless otherwise provided by the
development agreement, rules, regulations and official policies governing uses of the
land, density, design, improvement and construction standards and specifications,
applicable to development of the property subject to the agreement, shall be those
rules, regulations, and official policies in force at the time of the execution of the
agreement. A development agreement shall not prevent the City from subsequent
actions applicable to the property from applying n ew rules which do not conflict with
those contained within the agreement, nor shall a development agreement prevent the
City from denying or conditionally approving any subsequent development application
on the basis of such existing or new rules, regulations, and policies.
PLANNING COMMISSION RESOLUTION NO. 2828
72
G. Periodic review. The Director, or his or hertheir designee, shall review a
development agreement every year, at which time the applicant or their his or her
successor shall be required to demonstrate good faith compliance with the terms of the
agreement. If as a result of this review, the Director finds and determines, on the basis
of substantial evidence, that the applicant has not complied in good faith with terms or
conditions of the agreement, it shall recommend to the Council that the agreement be
modified or terminated. If the Council concurs with the Director recommendation, the
agreement shall be modified or terminated. Proceedings before the Council shall be a
noticed public hearing per Section 25.60.060 (Public Hearing and Public Notice).
H. Amendment or cancellation. A development agreement may be amended or
canceled in whole or in part by mutual consent of the parties to the agreement or their
successors.
I. Recording of agreement. No later than 10 days after the City enters into a
development agreement, the City clerk shall record with the County recorder a copy of
the agreement, which shall describe the land subject thereto. From and after the time of
such recordation, the agreement shall impart such notice thereof to all persons as is
afforded by the recording laws of this state. The burdens of the agreement shall be
binding upon, and the benefits of the agreement shall inure to, all successors in interest
to the parties to the agreement.
J. Modification or suspension to comply with state or federal laws or
regulations. In the event that state or federal laws or r egulations, enacted after a
development agreement has been entered into, prevent or preclude compliance with
one or more provisions of the development agreement, such provisions of the
agreement shall be modified or suspended as may be necessary to comply with such
state or federal laws or regulations.
K. Reversion of zoning in the event of noncompliance with terms and
conditions. In the event the terms and conditions are not met by the developer, the
zoning shall revert to the zoning which existed prio r to the development. (Ord. 1259 § 1,
2013)
SECTION 30. Amendment to Palm Desert Municipal Code. The following
definitions for “Condominium” and “Nameplate” within Chapter 25.99.020 are revised as
follows:
25.99.020 Land Use Definitions
Condominium. A state of realty consisting of separate interests in residential buildings
together with undivided interests common in other portions of the same property unit as
a separate interest, and common areas are entire condominium except units grant ed;
thus, owners of condominiums are grantees of units. Each grantee owns a separate
interest in his or hertheir unit and an interest as granted in common in common areas.
PLANNING COMMISSION RESOLUTION NO. 2828
73
Condominium means condominium projects, community apartment projects, and stock
cooperatives, as defined in Section 1351 of the California Civil Code.
Nameplate. A sign not exceeding 1 foot by 3 feet signifying only the name of the
occupant and his or hertheir occupation or specialty.
Zoning Ordinance, this ordinance. The comprehensive Zoning Ordinance of the City.
(Ord. 1384 § 2, 2022; Ord. 1366 § 2, 2021; Ord. 1 358 § 2, 2020; Ord. 1331 § 3, 2017;
Ord. 1321, 2017; Ord. 1304 § 1, 2016; Ord. 1303 § 7, 2016; Ord. 1302 § 5, 2016; Ord.
1292 § 4, 2015; Ord. 1279 § 21, 2015; Ord. 1277 § 7, 2014; Ord. 1267A § 2, 2014; Ord.
1259 § 1, 2013)
SECTION 31. Amendment to Palm Desert Municipal Code. The following municipal
code section, Section 25.60.160, is added as follows:
25.60.160 Application Withdrawal
Application Withdrawal
1. After an application has been accepted for review, the applicant may withdraw
the application at any time by submitting a letter of withdrawal to the Director.
2. An applicant is not entitled to a refund of application fees for withdrawn
applications; however, the city may refund fees not expended if the application is
withdrawn.
3. If an applicant fails to respond to staff comments within 60 days, or an application
is otherwise determined by the Director to be inactive for a period of 60 days,
then the application will be deemed abandoned and withdrawn.
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CITY OF PALM DESERT
PUBLIC HEARING NOTICE CASE NO. ZOA 23-0001
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE
PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER
APPROVAL OF A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL FOR A
ZONING ORDINANCE AMENDMENT TO MODIFY THE PALM DESERT MUNICIPAL CODE
CHAPTER 25 (ZONING)
The City of Palm Desert Planning Commission finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in a
physical change to the environment, directly or indirectly; it prevents changes in the environment
pending the completion of the contemplated study of impacts.
PROJECT LOCATION/DESCRIPTION:
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: Approval of staff’s recommendation will allow zoning text
amendments for adding land use definitions to reduce city processing timeframes for project
review and business licensing within the City .
PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the Planning Commission of the City of
Palm Desert, California, will hold a Public Hearing at its meeting on February 21, 2023. The
Planning Commission meeting begins at 6:00 p.m. in the Council Chamber located at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 361, this meeting m ay be
conducted by teleconference. Options for remote participation will be listed on the Posted Agenda
for the meeting at: https://www.cityofpalmdesert.org/our-city/committees-and-
commissions/planning-commission-information-center. There will be in-person access to the
meeting location.
COMMENT PERIOD: The public comment period for this project is from February 10, 2023, to February 21, 2023.
PUBLIC REVIEW: The plans and related documents are available for public review Monday
through Friday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Nick Melloni. Please
submit written comments to the Planning Division. If any group challenges the action in court,
issues raised may be limited to only those issues raised at the public hearing described in this
notice or in written correspondence at or prior to the Planning Commission hearing. All comments
and any questions should be directed to:
Nick Melloni, Principal Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611, Extension 479
nmelloni@palmdesert.gov
PUBLISH: DESERT SUN RICHARD D. CANNONE, AICP, SECRETARY
FEBRUARY 10, 2023 PALM DESERT PLANNING COMMISSION
ORDINANCE NO. 1313
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE
AMENDMENT AND CHANGE OF ZONE APPLICATION TO ADOPT THE
ONE ELEVEN DEVELOPMENT CODE ESTABLISHING THE DOWNTOWN,
THE DOWNTOWN EDGE ZONING DISTRICTS, THE DOWNTOWN CORE,
AND THE DOWNTOWN EDGE TRANSITION OVERLAY DISTRICTS; AND
APPLYING THOSE DISTRICTS TO PROPERTIES GENERALLY LOCATED
BETWEEN MONTEREY AVENUE TO THE WEST, DEEP CANYON ROAD
TO THE EAST, SHADOW MOUNTAIN DRIVE TO THE SOUTH,
ALESSANDRO DRIVE TO THE NORTH, INCLUSIVE OF PROPERTIES
LOCATED ALONG SAN PABLO AVENUE, PURSUANT TO THE
ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE GENERAL
PLAN UPDATE, UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN, AND
ONE ELEVEN DEVELOPMENT CODE (SCH NO. 2015081020)
CASE NOS: ZOA/CZ 16-263
WHEREAS, as part of the City of Palm Desert's ("City") General Plan Update the
One Eleven Development Code was prepared to implement Chapter 10 of the General
Plan, which aims to create a "true city center" by establishing the framework, design
objectives and implementation techniques for future development near and around the
intersection of Highway 111 and San Pablo Avenue; and
WHEREAS, the One Eleven Development Code creates new zoning districts and
overlay zones consistent with the General Plan Update and integrates those districts and
overlays into the City's Zoning Ordinance; and
WHEREAS, the One Eleven Development Code, by reference only as Exhibit "A",
also creates Municipal Code Chapter 25.18 "Downtown Districts Development Standards,"
which describes the purpose and applicability of the new zoning districts, as well as
subsequent sections describing the "regulating plan," "characteristics of downtown districts,"
land use requirements," and "development standards" for the creation of the two new
zoning districts ("Downtown District" and "Downtown Edge District"), and for two new zoning
district overlay zones ("Downtown Core Overlay" and the "Downtown Edge Transition
Overlay") as shown in Exhibit "B" of this ordinance; and
WHEREAS, the new zoning districts and overlay zones are applied to properties as
shown in Attachment "C" of this ordinance; and
WHEREAS, the One Eleven Development Code also creates Municipal Code
Chapter 25.20 "Downtown District Design Guidelines" to provide direction for the design of
buildings, appurtenances, and site elements to ensure that proper and appropriate building
massing, articulation and interaction with the public realm is achieved; and
WHEREAS, in accordance with the California Environmental Quality Act (Pub.
Resources Code, §§ 21000 et seq.) ("CEQA") and the State CEQA Guidelines (Cal. Code
Regs., §§ 15000 et seq.), the City has prepared and certified an Environmental Impact
Report analyzing and disclosing the potentially significant environmental impacts of the
ORDINANCE NO. 1313
City's General Plan Update, the University Neighborhood Specific Plan, and the One Eleven
Development Code ("General Plan Update EIR"), and the General Plan Update EIR reflects
the independent judgment of the City of Palm Desert; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19'h day of October, hold a duly noticed public hearing and adopted Resolution 2863
recommending approval of the University Neighborhood Specific Plan to the City Council;
and
WHEREAS, in accordance with Palm Desert Municipal Code Section 25.60.060
Public Hearing and Public Notice, " Section 25.78.030 "Amendments — Zoning Ordinance, "
and Section 25.78.040 "Amendments — Zoning Map" the City Council of the City of Palm
Desert, California, did on the 101h day of November 2016, hold a duly noticed public hearing
to consider the request by the City of Palm Desert, for approval of the One Eleven
Development Code; and
WHEREAS, at said public hearing, all persons wishing to speak were given an
opportunity to testify both for and against the One Eleven Development Code and the
accompanying Environmental Impact Report (SCH NO. 2015081020); and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the City Council did make
the following findings in support of approving the proposed One Eleven Development Code:
The One Eleven Development Code is reasonably related to the public health,
safety, and welfare because it provides the framework, design objectives and
implementation techniques for future development near and around the
intersection of Highway 111 and San Pablo Avenue.
2. The One Eleven Development Code is consistent with the General Plan Update,
and its objectives, policies, land uses, and programs.
3. The One Eleven Development Code furthers the objectives and policies of the
General Plan Update and does not obstruct their attainment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
City Council in this case.
2. That the City Council does hereby approve Ordinance No. 1313 approving the One
Eleven Development Code (ZOA/CZ 16-263).
2
ORDINANCE NO. 1313
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 81h day of December 2016, by the
following vote, to wit:
AYES: JONATHAN, KELLY, NESTANDE, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
A
W AUI WE
e- .
JAiN C. HARNIK, MAYOR
3
ORDINANCE NO. 1313
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ORDINANCE NO. 1313
Exhibit "A"
One Eleven Development Code
ORDINANCE NO. 1313
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n
r
ORDINANCE NO. 1313
DEVELOPMENT STANDARDS
TABLE 25.18-2. DOWNTOWN DISTRICT DEVELOPMENT STANDARDS (CONTINUED)
Development Standard
1. Primary Street Facade
a. Building width / facade increment 35 ft. 35 ft. 35 ft. 35 ft.
b. Building separation 0 ft. 0 ft 0 ft. 15 ft.
2. Side Yard and Side Street Facade
a. Facade Length TBD TBD TBD TBD —
E. Required Frontage Types
All street- and lane -facing building frontages must provide at least one (1) of the frontage types listed below. Frontage
types may encroach into the public right-of-way or setback as identified below, and may be further limited by the California
Building Code (CBC). Please refer to Section 25.20.030 of the One Eleven Corridor Design Guidelines for design criteria for each
frontage type.
PP" 1. Shopfront - - - -
6
within 2 ft. of within 2 ft. of
2. Arcade curb curb
within 2 ft. of within 2 ft. of
3. Gallery curb curb
within 2 ft. of
curb
4 Stoop 5 ft. into setback n a. 5 ft. into setback 5 ft. into setback-
5. Dooryard to R.O.W. line to R.O.W. line to R.O.W. line to R.O.W. line
F. Allowed Architectural Elements
Architectural elements are allowed as listed below. Architectural elements may encroach into the public right-of-way
or setback as identified below, and may be further limited by the California Building Code (CBC). Please refer to Section
25.20.040 of the One Eleven Corridor Design Guidelines for design criteria for each architectural element.
within 2 ft. of within 2 ft. of within 2 ft. of within 2 ft. o
1. Awning, canopy curb curb curb curb
2. Balcony 3 ft. into R.O.W. 3 ft. into R.O.W. 3 ft. into setback 3 ft. into setback
3. Bay Window
4. Cantilevered Room
3 ft. into R.O.W. 3 ft. into R.O.W. 3 ft. into setback 3 ft. into setback
2 ft. into R.O.W. 2 ft. into R.O.W. 2 ft. into setback 2 ft. into setback
Eaves 3 ft. into R.O.W. 3 ft. into R.O.W. 2 ft. into setback 2 ft. into setback
Only allowed on upper floors.
Z Includes eaves extending into setback from a porch, covered stoop, bay window, cantilevered room, or covered balcony.
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
16 August 2015 11
ORDINANCE NO. 1313
DEVELOPMENT STANDARDS
TABLE 25.18-2. DOWNTOWN DISTRICT DEVELOPMENT STANDARDS (CONTINUED)
Development Standard
Zone
DE
1. Required On -Site Open Space. Each lot shall provide the quantity of Open Space indicated below, comprised of one (1)
or more of the following Open Space Types: i) Court, ii) Back Yard, iii) Side Yard, and/or iv) roof deck as allowed by each
individual zone. Please refer to Section 25.20.050 of the One Eleven Corridor Design Guidelines for design criteria for
each open space type. Required Open Space must be located behind the Primary Street, Side Street, Side Yard and Rear
Yard setback lines, as shown in Figure 25.18-4 (Required Open Space). Setback areas do not count toward the minimum
Required Open Space area.
a. Min. area total 15% of total lot 75% of total lot 20% of total lot 20% of total lot
area area area area
b. Min. area of at least one (1) open space 10%of total lot 10%of total lot 10%of total lot 10%of total lot
area area area area
2. Design Criteria. width length width length width length width length
Primary Primary Primary
Lot Street Lot Street Lot Street
a. Front Yard width Setback width Setback width Setback
min.) depth min.) depth min.) depth
min.) min.) min.)
b. Court ' 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft.
min. min min. min min. min min. min
c.Back Yard ' 20 ft. 20 ft. 20 ft. 20 ft.
min. min min. min
d. Side Yard 20 ft.
3x
width
20 ft
3x
width
20 ft.
3x
width
20 ft
3x
widthmin.
max.
m in.
max.
min.
max.
min. max.
e.
Roof Deck' 20 ft. 20 ft. 20 ft. 20 ft. min.
min. min. min. f.
Covered Passage gloft. 3x
width
10
ft 3x
width
loft.
3x
width
loft.
3x
width
min. max.
min.
max.
min.
max.
3x
min.
max.
g.
Uncovered Passage 15ft. 3x width
15ft.
3x
width
15ft.-
width
15ft.
3x
width
min. max.
min.
max.
min.
max.
min.
max.
a
City
of Palm Desert ONE ELEVEN DEVELOPMENT CODE 12
DRAFT - 9 August 2016
ORDINANCE NO. 1313
10
I
DEVELOPMENT STANDARDS
Development Standard
Zone
DES\..,:
Tarking Placement'
1. Primary Street Setback 20 ft. 20 ft. 20 ft. 20 ft.
2. Side Street Setback 5 ft. 5 ft. 5 ft. 5 ft.
3. Side Yard Setback 5 ft. 5 ft. 5 ft. 5 ft.
4. Rear Setback 5 ft. 5 ft. 5 ft. 5 ft.
J. Parking Requirements
a. Residential Uses
i. Studio and 1 Bedroom min. 1.25/unit min. 1.25/unit min. 1.25/unit min. 1.25/unit
ii. 2 Bedroom + min. 1.75/unit min. 1.75/unit min.2/unit min.2/unit
b. Non -Residential Uses
3 space/ 1,000 3 space/ 1,000 3 space/ 1,000 3 space/ 1,000
sq. ft. sq. ft. sq. ft. sq. ft.
Open SpaceType may count towards minimum Required Open Space requirement as defined in Section H.1 of Table 25.18-2.
2
Partially subterranean and fully subterranean parking garages may align with the Primary Street and/or Side Street building frontage line(s)
provided they do not extend higher than the maximum ground floor height standards described in Table 25.18-2, Section CA.
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
16 August 2015 13
ORDINANCE NO. 1313
Building Height. Vertical distance from the average elevation
of the finished grade to the top of eve or top of parapet;
pitched roof height is the additional vertical distance from the
top of eave to the highest point of the roof. See Figure 25.18-2
Building Height).
Building Steback. The distance between the building line
and the property line, or when abutting a street, the ultimate
right-of-way line. See Figure 25.18-3 (Building Setbacks).
Primary Street. The street that is typically higher in the street
hierarchy, typically carries more traffic, and where the main
facade of a building typically faces.
Required Open Space. Required open space shall be provided
in area shown in Figure 25.18-4 (Required Open Space).
i
2. BUILDING HEIGHT
a To eave of pitched roof
b Pitched roof height
c To parapet of flat roof
d Ground floor above grade at
building setback line
e Ground story height
Property Line
Setback Line
Architectural
Encroachment
ILLUSTRATED GLOSSARY
I i a
1 f 1O
I ' a
Corner lot
0.Ia v
r
I
Side Street
a Primary Street Setback ---- Property Line
b Side Street Setback - - - - - -
Setback Line
c Side Yard Setback _ Buildable Area
d Rear Setback
R 25.18-4 OPEN SPACE
1jII ----- Side YardS----------
j
V
I CL
A
v wMtn a0 v
E.. s.. y
a
J
to
tom
V
L `bide i''Qet Setbac
Side Street
Property Line Area where front yard required
Setback Line _ Area within on -site open space required
Val
one
ud
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
14 DRAFT - 9 August 2016
ORDINANCE NO. 1313
ILLUSTRATED GLOSSARY
25.18-5 PA
i
c
i miv
v
i Corner lot 3
a
3
Side Street
a Primary Street Setback - - — - - Property Line
b Side Street Setback ------
Setback Line
c Side Yard Setback _ Area where parking allowed
d Rear Setback
ORDINANCE NO. 1313
PAGE INTENTIONALLY LEFT BLANK
on
No
Ono
wo
0
All
Alft REPNOW&MANIMM
11 I
ORDINANCE NO. 1313
PAGE INTENTIONALLY LEFT BLANK
of
Ma
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
18 DRAFT - 9 August 2016
ORDINANCE NO. 1313
BUILDING ARTICULATION GUIDELINES
I_N211:1Z01j
This section defines recommended building articulation
strategies and techniques to help ensure that new develop
ment is compatible with and contributes to the intended
urban scale and character of each Zone.
These design strategies and techniques enable the designer
to manipulate the "scale" of buildings in addition to manip-
ulating their size. Maximum building size standards are pro-
vided in the Urban Standards for each Zone. Additional
building scale guidelines are provided in the Urban Design
Criteria for that Zone, and this section provides additional
guidance for meeting the intent of those Design Criteria.
These techniques are intended to help enable the design of
buildings or building masses that may be larger in total
width or height than neighboring buildings, or the intended
neighborhood scale;' by reducing the apparent mass and
scale of the subject building through design.
These building articulation techniques need not be applied
to buildings or building masses that are by their basic size
and massing already consistent with the intended architec-
tural scale for the applicable zone or urban context. Over -
articulation of buildings can produce a cluttered and busy
appearance that can be just as inappropriate as buildings
with too little articulation.
These strategies are applied to the following fundamental
building mass types, as described in the following pages:
1. Block Form
2. House From
The success of the articulation proposed for any building
will be reviewed by the Architectural Review Commission,
taking into consideration the totality of the proposed devel-
opment in relation to its immediate context and the intent
of the applicable Zone.
The massing of the this mixed -use building is broken up by projecting
corner balconies and chimney volumes that extend from the second floor
residential units below.
The mass of this multi -family building is broken up with a gable that
extends above the roof line and marks the entry into the unit.
Building masses, entrance porticos, chimneys, and corner windows project
from the main mass of this multi -family building .
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
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ORDINANCE NO. 1313
BUILDING ARTICULATION GUIDELINES
B. BLOCK -FORM BUILDING ARTICULATION
A block -form building is one to five stories tall, attached to or
attachable to buildings on neighboring properties with no
intervening side yard or setback. Such buildings - built at or
near the street right-of-way line - form a portion of a "perime-
ter block;' the edges of which strongly define the urban space
of the adjoining streets.
Block -form buildings typically, but not invariably, have flat
roofs, with or without pitched roof design elements at the top
of the street facade. Such buildings generally extend the full
width of the lot, and on wide lots have the potential to
become significantly out of scale with their historic and exist-
ing urban context. A series of basic building articulation tech-
niques are illustrated at right, by which the scale of block
form -buildings may be moderated to contribute to the intend-
ed character of the applicable Zone.
FIG. 25.20-1A. HORIZONTAL ARTICULATION
FIG. 25.20-1 B. VERTICAL ARTICULATION
FIG. 25.20-1C. ARCHITECTURAL PROJECTIONS
FIG. 25.20-1 D. ARCHITECTURAL RECESSIONS
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
20 DRAFT - 9 August 2016
ORDINANCE NO. 1313
CHAPTER 25.18. DOWNTOWN DISTRICTS
DEVELOPMENT STANDARDS
25.18.010. Purpose and Applicability
25.18.020. Regulating Plan
25.18.030. Characteristics of Downtown Districts
25.18.040. Land Use and Permit Requirements
25.18.050. Development Standards
A. Building Setbacks
B. Building Height
C. Building Size and Spacing
D. Allowed Frontage Types and Architectural
Elements
E. Encroachments into Public Right of Way
R.O.W.) and Primary Street Setback
F. On -Site Open Space
G. Parking Placement
H. Parking Requirements
25.18.060. Illustrated Glossary
TABLE OF CONTENTS
CHAPTER 25.20. DOWNTOWN DISTRICTS
DESIGN GUIDELINES
25.20.010. Purpose and Applicability
25.20.020. Building Articulation Guidelines
A. Block Form
B. House Form
25.20.030. Frontage Type Guidelines
A. Arcade
B. Gallery
C. Shopfront
D. Dooryard
E. Stoop
25.20.040. Architectural Element Guidelines
A. Balconies
B. Bay Windows
C. Chimneys
D. Cantilevered Rooms
E. Eaves
F. Trellises
25.20.050. On -Site Open Space Guidelines
A. Front Yard
B. Court
C. Back Yard
D. Side Yard
E. Roof Deck
25.20.060. Parking Guidelines
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
A i 16 August 2015 3
ORDINANCE NO. 1313
BUILDING ARTICULATION GUIDELINES
1. HORIZONTAL ARTICULATION
To modulate the apparent size and scale of a building by
stepping a portion of the street -facing facade forward or
backward from the predominant facade plane of the build-
ing.
Note that in city center or neighborhood center settings, this
technique of stepping the facade backward or forward is gen-
erally less effective than stepping the facade up or down (see
Vertical Articulation on following page). A steady building line
at the ground floor is often desirable in defining a walkable
downtown street.
EXAMPLES:
This mixed -use building on Main Street is set back from the buildings on
either side of it.
A multi -story mixed -use building set backs portions of its facade.
The orange mass of this mixed -use building is set back from the rest of the
building. Further articulation is provided by second- and third -story balconies.
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
V J 16 August 2015 21
ORDINANCE NO. 1313
BUILDING ARTICULATION GUIDELINES
2. VERTICAL ARTICULATION
These buildings along Main Street are built at different heights, adding
variety to what would otherwise be a continuous wall.
To modulate the apparent size and scale of a building by
stepping a portion of the street -facing facade upward or
downward from the predominant building height.
Note that this technique offer the opportunity to organize a
rather long building into multiple "apparent buildings" to
avoid the appearance of a "block -long building" This tech-
nique is also useful for "stepping down" the scale of a new
building adjacent to an existing smaller building.
A combination of prominent corner tower and building masses with
parapets and pitched roofs reduced the apparent size of this building.
A multi -family building where the massing is broken down into smaller
volumes.
MR
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
22 DRAFT - 9 August 2016
ORDINANCE NO. 1313
BUILDING ARTICULATION GUIDELINES
3. ARCHITECTURAL PROJECTIONS
To modulate the apparent size and scale of a building by the
application of projected architectural elements from the
plane of the facade.
Note that this technique may be applied alone or in conjunc-
tion with other recommended articulation techniques. This
technique is best suited to small-scale adjustments of build-
ing scale, whereas the building massing techniques on the
previous pages are better suited to larger scale compatibility
adjustments.
EXAMPLES:
A mixed -use building with inset windows and decorative balconies.
Upper floor balconies project from the corner of this mixed -use building.
Three-story bay windows and balconies project from the facade of this
mixed -use building.
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
i 16 August 2015 23
I 'K01) 41 q1 y
BUILDING ARTICULATION GUIDELINES
EXAMPLES:
4. ARCHITECTURAL RECESSIONS
A third -story covered balcony, along with second floor French balconies help
articulate this three-story mixed -use building.
INTENT AND TECHNIQUE
To modulate the apparent size and scale of a building by the
application of recessed architectural elements or spaces -
such as a recessed porch, covered passage, or recessed balco-
ny - is cut into the plane of the facade.
Note that this technique has the potential to strongly define
building entries, to provide transitional spaces at those
entries, and in some cases to provide a lighter more open
scale and character to building facades.
d storefront accommodates covered,, outdoorseating.
The front facade of this two-story townhouse building is recessed to
accommodate the front entries.
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
24 DRAFT - 9 August 2016
ORDINANCE NO. 1313
A. INTENT.
Frontages are critical to defining district character, both in
appearance and function. Frontages are comprised of the
street facade of the building(s), including any projecting
elements, and the landscape, hardscape, walls and fences
of the front yard. Frontages provide an appropriate transi-
tion from the public environment of the street to the
semi -private and private environments of front yards and
street -facing ground floor spaces. They also signal the
location of the building entrance and provide a semi-pub-
lic space within which neighbors and visitors can interact.
Frontages can also help to screen any on -site parking
areas.
B. APPLICABILITY.
The Primary frontage of each building that faces a Primary
Street or a park or other public space should be designed
in conformance with the guidelines of this Section.
C. ALLOWABLE FRONTAGE TYPES BY BUILDING
TYPE.
1. All new buildings, renovations that comprise 50% of
the existing structure, and additions that face the street
should be designed to incorporate at least one of the
frontage types allowed in that Zone.
D. REQUIREMENTS FOR ALL FRONTAGE TYPES
1. All buildings should provide at least one street -facing
primary pedestrian entry and street -facing windows
on all floors. The Frontage Types herein may modify
the configuration of those doors and windows but not
replace them.
FRONTAGE TYPE GUIDELINES
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
DRAFT - 16 August 2015 25
ORDINANCE NO. 1313
25.20.031 SHOPFRONT
A. DESCRIPTION.
Shopfronts are large openings in the facade at
or near the sidewalk, enclosed with doors and
transparent glass in a storefront assembly. The
primary shop entrance is at the grade of the sidewalk
and provides direct access to the commercial/
retail use(s) on the ground floor. The basic required
architectural elements comprising the storefront are
large windows, doors with glass, transom windows,
and a solid base (bulkhead). Optional elements
include awnings, cantilevered shed roof or canopy,
signage, lighting, and cornices.
Awnings or canopies may encroach into the public
right-of-way over the sidewalk, extending to a
distance within two feet of the face of curb. Primary
Street and Side Street setbacks, if any, are to be
paved with a paving material that is consistent with
or matches the adjacent sidewalk.
FRONTAGE TYPE GUIDELINES
FIG. 25.20-2. SHOPFRONT STANDARDS
77
W1111;
j e
Property Line —
1T _ CBulkhead
B. DESIGN STANDARDS.
FRONTAGE ELEMENT MIN. MAX.
1. Storefront assemblies (doors, display windows,
bulkheads, and associated framing) should not be
a Height to top of transom (clear) loft. 16 ft.
set back within the Shopfront openings more than a'
Height to bottom of awning/canopy 8 ft 10 ft.
2 ft.
clear)
b Width of storefront bay(s) 10 ft. 15 ft.
2. Doors should match the materials, design,
c Height of bulkhead 1 ft. 3 ft.-
and character of the display window framing.
Narrowline"aluminum doors are prohibited.
d Glass area % of ground floor wall area 70 90
e Storefront on second frontage 25 ft -
3. Display windows:
a. Storefront(s) opening(s) along the primary
frontage should comprise at least 70 percent of
the ground floor wall area.
b. Walls without openings should not exceed 10
linear feet along Primary Street frontages and 25
linear feet along Side Street frontages.
4. Storefront glass that is clear, lightly tinted (e.g., less
than 15%, low emissivity, solar) without reflective
coating or dark tinting is encouraged. Instead,
frontage types such as arcades and galleries
and architectural elements such as awnings and
canopies are encouraged to shade shopfront
openings.
77
rf
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
26 DRAFT - 9 August 2016
ORbRDINANCE NO. 1313
5. Transom windows (horizontal glass panels immediately
above the storefront) are encouraged. Glass in
clerestory windows may be clear, stained glass, or
frosted glass.
6. Bulkheads:
a. Storefront bulkheads should be of material similar
or complementary to the main materials of the
building and should be made of the same materials or
materials that appear to be visually "heavier" than the
adjacent walls.
b. Recommended materials include ceramic tile,
polished stone, or glass tile.
7. Awning widths should correspond to storefront
openings and shall not extend across the entire facade.
S. New or renovated storefronts within historic buildings
should consider emulating or recreating a previous
storefront (from historic photos or drawings) in order
to harmonize with the overall building architecture.
This can be flexibly interpreted, for example, when the
general form of a new storefront is like the original but
the materials are contemporary.
FRONTAGE TYPE GUIDELINES
Shopfront Example -large glazing area of display windows, glass door,
clerestory and retractable awnings.
Shopfront Example - shopfronts behind an arcade with prominent stylized
awnings between each arcade opening.
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
DRAFT - 16 August 2015 27
ORDINANCE NO. 1313
25.20.032 ARCADE
A. DESCRIPTION.
Arcades are facades with a ground floor colonnade that
supports the upper stories of the building or, for one-
story buildings, the roof. Arcades contain ground -floor
shopfronts, making them ideal for retail or restaurant
use, as the arcade shelters the pedestrian while shading
the storefront glass, preventing glare that might obscure
views of merchandise.
Planter boxes or pots may be placed in between the
columns to provide enclosure for such uses as cafe
seating.
B. DESIGN STANDARDS.
1. Along primary frontages, the arcade column spacing
should correspond to storefront openings.
2. Column height should be four to five times the column
width. Column spacing and colonnade detailing,
including lighting, should be consistent with the style of
the building to which it is attached.
3. Along Primary Street, walls without openings should
not exceed 10 linear feet.
FRONTAGE TYPE GUIDELINES
FIG. 25.20-3. ARCADE STANDARDS
Y
y
Pr perty Line
FRONTAGE ELEMENT MIN. MAX.
a Height (sidewalk to ceiling) 12 ft. 16 ft.
b
Depth (facade to interior column
8 ft. 16 ft.
face)
c Width 10 fr. 16 ft.
Length along frontage (percent ofd
building facade width)
75 100
Illustrative Photo
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
28 DRAFT - 9 August 2016
ORDINANCE NO. 1313
25.20.033 GALLERY
A. DESCRIPTION.
Galleries are facades with ground floor colonnades that
support a cantilevered shed roof or a deck that covers
the sidewalk. Galleries contain ground floor storefronts,
making them ideal for retail use. Railing on top of the
gallery is only required if the gallery roof is accessible as
a deck.
Planter boxes or pots may be placed in between
columns to provide enclosure for such uses as cafe
seating, provided that adequate throughway access is
maintained.
B. DESIGN STANDARDS.
1. Galleries may be roofed, provided the materials, style
and design are consistent with the building.
2. Galleries should be combined with the Shopfront
type (Section 5.10.020).
FRONTAGE TYPE GUIDELINES
FIG. 25.20-4. GALLERY STANDARDS
3. Galleries may encroach over the sidewalk in the FRONTAGE ELEMENT MIN. MAX.
public right-of-way, subject to the issuance of an
encroachment permit or license agreement prior to
a Height (sidewalk to ceiling) 12 ft. 16 ft.
issuance of a building permit. b
Depth (facade to interior column
12 ft. 16 ft.
face)
4. Column height should be four to five times the c Width 10 ft. 16 ft.
column width. Column spacing and colonnade Length along frontage (percent of
detailing, including lighting, should be consistent d
building facade width)
75 100
with the style of the building to which it is attached.
5. Columns should be placed in relation to curbs to
allow passage around and for passengers of cars to
disembark.
6. Walls without openings along primary street should
not exceed 10 linear feet in length.
Illustrative Photo
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
DRAFT - 16 August 2015 29
ORDINANCE NO. 1313
25.20.034 STOOP
A. DESCRIPTION.
A stair and landing leading directly from the sidewalk
to a building entrance. The ground floor of the building
is raised to provide privacy for the rooms facing the
public street. This frontage type is ideal for ground floor
housing that is near the street.
B. DESIGN STANDARDS.
1. Stoops should correspond directly with the building
entry(s) they provide access to.
2. The exterior stairs may be perpendicular or parallel to
the adjacent sidewalk.
3. The landing may be covered or uncovered.
4. Landscaping should be placed on the sides of the
stoop, either at grade or in raised planters.
FRONTAGE TYPE GUIDELINES
FIG. 25.20-5. STOOP STANDARDS
c
a
i
FRONTAGE ELEMENT MIN. MAX.
a Stoop width 4 ft. 10 ft.
b Stoop depth (not including stairs) 4 ft. loft.
Stoop floor height (measured from
adjacent finished grade)
18in. 3 h.
d Planter/fence height 3 ft.
Stoop Example - stairs, landing, and landscape area.
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
30 9 August 2016
ORDINANCE NO. 1313
REGULATING PLAN
PARKVIEW DR
EREQWARING DRy
o
TF TJ'
M
lJ_LJ_11_L1..J -
m
mC
f
Legend
Downtown (D) District
Downtown Edge (DE) District
Downtown Core Overlay (D-O)
Downtown Edge Transition Overlay (DE-O)
Civic / Open Space
Plan Boundary
N GORGONIO WAY
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
4 DkAF 1 9 August 2016
ORDINANCE NO. 1313
25.20.035 DOOR YARD
A. DESCRIPTION.
An elevated or at -grade garden or terrace that is located
in the front yard setback and that is enclosed by a low
wall located at or near the property line. For elevated
Door Yards, access from the sidewalk to the Door Yard is
via a stair or ramp.
The Door Yard can accommodate a variety of activities,
ranging from dining patios for commercial uses to patios
for residential uses. In addition, the interior building
spaces are separated from the adjacent sidewalk by the
depth of the Door Yard and in the case of raised Door
Yards, by the terrace height.
B. DESIGN STANDARDS.
1. Door Yards are enclosed by decorative low walls.
2. The average grade of elevated door yards should not
be more than three feet higher than the adjacent
sidewalk or public open space. Walls may extend an
additional two (2) feet in height and fences or railings
to the height required by the California Building Code
CBC).
3. Wall and/or fence design, materials, and finishes
should be consistent with the architectural style of the
building.
Door Yard Example - on outdoor p,-t - roi u single family house.
FRONTAGE TYPE GUIDELINES
FIG. 25.20-6. DOOR YARD STANDARDS
i
FRONTAGE ELEMENT MIN. MAX.
a Size of Terrace per building setback
b
Door Yard terrace floor height
3 ft.
above adjacent sidewalk
C
Wall height above adjacent
4 ft
sidewalk
d
Wall height above terrace
3 ft.
floor
e
Fence/rail height above
per CBCterracefloor
Door Yard Example - outdoor seating areas raised above the adjacent
sidewalk and accessed by stairs. A low wall above the terrace level provides
a place to sit.
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
DRAFT - 16 August 2015 31
ORDINANCE NO. 1313
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City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
32 DRAFT - 9 August 2016
ORDINANCE NO. 1313
ARCHITECTURAL ELEMENTS GUIDELINES
A. PURPOSE
This Section identifies the architectural elements allowed
within the Downtown Specific Plan area and for each type
provides a description and design guidelines to ensure con-
sistency with the Plan's goals for building form, character,
and architectural quality.
The provisions work in combination with the underlying
zone. The Architectural Elements are:
A. Awning, Canopy
B. Balcony
C. Bay Windows
D. Chimneys
E. Cantilevered Rooms
F. Eaves
G. Trellises
Example of a two-story bay window.
This building provides second floor balconies.
This building employs a couple of architectural elements to help break up
the massing, including second -floor cantilevered rooms and street -facing,
second -floor balconies.
This contemporary building provides corner balconies to modulate the
corner of the building.
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
DRAFT - 16 August 2015 33
ORDINANCE NO. 1313
25.20.040
25.20.043 BAY WINDOW
INTENT AND TECHNIQUE
ARCHITECTURAL ELEMENTS GUIDELINES
A bay window is a window space projecting outward from the
main walls of a building with inside angles measuring any-
where from 90 to 150 degrees. Bay windows may be polygo-
nal, square, or curved.
Bay window heights should have a height that is equal to or
greater than its width and should generally be placed a mini-
mum of three feet from any building corner or other bay.
Bay windows should be made of materials identical to or com-
patible with the building's wall finish and windows.
A mixed -use building with second -floor bay windows.
A multi -family building with two-story bay windows. The roof of the bay
window is a balcony for the third floor space.
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
34 1 9 August 2016
ORDINANCE NO. 1313
ON -SITE OPEN SPACE GUIDELINES
A. INTENT
On -site open space provides private and common public
outdoor space for the enjoyment and use of residents and
businesses, and also provides comfortable spaces through
which pedestrian access is provided from the street to any
buildings (or portions of buildings) that lack direct street
frontage.
This Section identifies a series of open space types, includ-
ing the configuration, size, and design characteristics each
type. Refer to the District that applies to your lot to see
which of these may be applied toward meeting the required
amounts of on -site open space, and the size and configura-
tion criteria that apply. Defined Open Space Types are:
1. Front Yard
2. Court
3. Back Yard
4. Side Yard
5. Roof Deck
6. Passage
A covered passage leads to mixed -use court.
A dooryard provides private open space for this resdientiol unit.
A shared court provides access to multiple units.
A court provides yard behind a rowhouse.
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
DRAFT - 16 August 2015 35
ORDINANCE NO. 1313
ON -SITE OPEN SPACE GUIDELINES
25.20.0051 FRONT YARD
1. INTENT AND DESCRIPTION
The Front Yard is the area between the building facade and
the street, providing pedestrian access from the street to all
buildings and dwellings on the lot, as well as a physical sepa-
ration from the street and a semi-public space for play and
greeting one's neighbors. Front yards may be visually contin-
uous with adjacent yards with a common landscape, or
2. CONFIGURATION AND SIZE
a. The Front Yard is the area between the Primary Street fac-
ing building facade and the Primary Street property line,
as shown in Figure 25.20-7.
b. On corner lots, the Front Yard also includes the area
between the Side Street facing facade and the Side Street
property line up to the fence enclosing the back yard, as
shown in Figure 25.20-7.
a. Front Yard Landscape. Front Yards should be landscaped
and maintained as shown in Figure 25.20-7 and as follows:
i. Except for walkways, front yards should be planted in
their entirety with trees, shrubs, ground cover and
water conserving plant materials.
ii. Front yard landscape should be maintained in an
orderly and neat condition.
b. Parkway Planting. The parkway between the sidewalk
and the street should be landscaped and maintained as
shown in Figure 25.20-7 and as follows:
i. Street trees of an approved type should be provided in
the planting strip between the sidewalk and the street.
ii. Parkways should be planted with water conserving
plant materials.
iii. Parkways at commercial uses may be omitted to allow
for pedestrian access. Trees should be accommodated
in tree wells.
c. Front Yard Fences.
Front yard fence and wall materials and design should
be compatible with the architectural style of the build-
ing.
enclosed by a low fence, wall, or hedge. On sloping sites,
front yards may be raised above the level of the adjacent side-
walk and supported by a low retaining wall at the property
line with steps providing access between the sidewalk and the
yard (Dooryard). Frontage types and architectural elements
may encroach into Front Yards, as allowed by the zone.
c. Courts may extend into the Primary Street and/or Side
Street Setback area(s), but portions within these setbacks
areas do not count towards the minimum Required
On -Site Open Space requirements of each individual zone.
d. Dooryards, porches, stoops, and architectural elements
may encroach into the Front Yard as allowed by each indi-
vidual zone.
ii. Front yard fences, walls, and hedges shall be no taller
than 3 ft. 6 inches above the adjacent sidewalk or as ..
defined in the Urban Standards for the applicable Zone.
iii. On corner lots, fences and walls along the side street
frontage may be up to 6 feet high for the rear portion
of the site up to fifteen (15) feet behind the primary
street facing facade line (see Figure 25.20-7). Fences
along the remaining side street frontage may be up to
a maximum of 3 ft. 6 inches high or as defined in the
Urban Standards for the applicable Zone.
iv. Raised Front Yards (Door Yards) shall be up to a maxi-
mum of 3 ft. 6 inches high above adjacent sidewalk or
as defined in the Urban Standards for the applicable
Zone.
AA
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
36 DRAFT - 9 August 2016
ORDINANCE NO. 1313
ON -SITE OPEN SPACE GUIDELINES
FIG. 25.20-7. REQUIRED FRONT YARD LANDSCAPE
Alley (where present)
Area that is required to be landscaped and maintained by the
owner or homeowners association.
Oil ry{ ,,
3i I
This
front yard is enclosed by a low wall. Frontyord
A
continuous lawn extends across a series of single family front yards. City
of Palm Desert ONE ELEVEN DESIGN GUIDELINES DRAFT —
16 August 2015 37
ORDINANCE NO. 1313
ON -SITE OPEN SPACE GUIDELINES
25.20.0052 COURT
1. INTENT D DESCRIPTION
A Court is a semi-public, shared open space within a lot, for to dwellings, retail or office spaces, and/or buildings within
use by more than one resident or tenant. It is a well-defined, the lot that lack direct frontal access from the street. The
coherent area that is an essential component of the project's degree of enclosure or openness may vary, as per the require -
design, not merely space left over after the building mass is ments of each zone and the design intent of the project
placed. Courts generally provide visitor access from the street designer.
2. CONFIGURATION
a. Configuration. Courts - particularly the portion of the b. Size. Refer to the applicable Zone for dimensional require-
court(s) that is intended to meet the minimum Required ments.
On -Site Open Space area requirements of each individual c. Enclosure.
zone - should be placed in the followinq ways:
Side Court. The Court is placed along the side yard of
the parcel to:
a). Work together with a court or back yard on an adja-
cent lot to create the effect of one large open
space;
b).Provide a contiguous space for entrances to a
neighboring existing building that face the pro-
posed project and are located close to the property
line, to face; or
c). When the adjoining lot contains a single-family
house, to create a large open space next to the
house.
ii. Open to Street. The Court adjoins the minimum
Primary Street setback line creating a deep, combined
garden/terrace facing the street.
iii. Internal Courtyard. The Court is an internal courtyard,
entirely contained within the site.
iv. Special Circumstances. When a site contains an
exceptional feature, such as a large, healthy tree or
topography, the Court is placed to retain and take
advantage of that special feature.
FIG. 25.20-8A. SIDE COURT EXAMPLES
1 i
i. In general, a Court's perimeter should be defined by
building walls on at least two sides, and on a third side
by building walls or architectural or landscape ele-
ments such as low walls or trellises, or linear landscape
elements such as hedges or rows of trees.
ii. In some cases, one side of a Court may be defined by a
building wall or a linear landscape element on an
adjoining property.
iii. Driveways located adjacent to a Court should be
screened by architectural elements such as low walls or
trellises, or linear landscape elements such as hedges
or rows of trees so as not to appear to be located with-
in the Court.
d. Encroachments into Courts. Dooryards, stoops, and
architectural elements may encroach into the Court as
allowed by the Urban Standards of each Zone.
FIG. 25.20-813. OPEN TO STREET COURT EXAMPLES
MEN
6.0
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
38 DRAFT - 9 August 2016
ORDINANCE NO. 1313
ON -SITE OPEN SPACE GUIDELINES
a. Common Area. Courts should be designed to be gathering
places for the occupants and also circulation spaces through
which pedestrian access is provided from the street to any
buildings (or portions of buildings) that lack direct street front-
age. Courts should provide a central, flat area that is usable
and encourages human activity and interaction. This area
should contain a combination of paving and landscaping.
b. Private Area. Courts should be designed to provide for pri-
vate access to dwellings and businesses that lack direct street
frontage. Courts should also provide space for private outdoor
space in the form of private patio and terrace spaces.
c. Amenities. Courts should include public amenities such as
seating areas, fountains, BBQ islands and/or outdoor fireplaces
to encourage their use as common outdoor rooms or gather-
ing places.
d. Finishes. Court materials, finishes, fixtures, and colors should
be designed in a manner that is consistent with the architec-
tural language of the building.
e. Landscape.
i. Except for paved areas, courts should be planted in their
entirety with trees, shrubs, ground cover and water con-
serving plant materials.
ii. Arbors, trellis structures and raised planter/seating walls are
encouraged.
iii. Court planting may be in permanent planters
i. The top of walls of planters should generally be no taller
than a bench, but some may be up to waist height if so
required to support the health of plantings.
iv. Appropriate irrigation and drainage should be provided to
all planted areas and planter pots.
v. Trees scaled to the space are generally recommended for
shade and to screen views to and from neighboring build-
ings.
FIG. 25.20-8C. INTERNAL COURT EXAMPLES
The side courts of these two buildings work together to create a single
space.
An internal court with a fountain as its focal point.
4 court that provides outdoor dining.
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
DRAFT - 16 August 2015 39
ORMANCE NO. 1313
ON -SITE OPEN SPACE GUIDELINES
25.20.0053 SIDE YARD
A landscaped open space along one side of a lot. Side Yards
may be semi -private spaces through which visitor access is
provided to one or more buildings or dwellings, or may be pri-
vate spaces for the exclusive use of the residents of one or
more dwellings.
Side Yards of single-family dwellings are private, primarily
landscaped open spaces. For multi -family buildings, Side
a. Configuration.
i. Side Yards are located between the building and the
Side Yard property line and should have a basic rectan-
gular shape.
ii. For Multi -family buildings, the Side Yard provides
access to units.
FIG. 25.20-9A. SINGLE FAMILY SIDE YARD
Yards may be designed for the shared use of all residents, or
divided into private areas for the use of a specific dwelling.
Note that Side Yards strongly defined by buildings on two or
more sides - particularly if they include significant Hardscape
areas - may also be classified as Side Courts, see Section
25.20.0052.2.a.i.
b. Size. Refer to the applicable Zone for minimum and maxi-
mum dimensional requirements.
c. Encroachments. Dooryards, porches, stoops, and archi-
tectural elements may encroach into the Side Yard as indi-
cated in the Design Criteria for the applicable Zone.
FIG. 25.20-913. MULTI -FAMILY SIDE YARD
i
r
1
t
t f
3. DESIGN
a. Single Family Side Yards. Side Yards may be landscaped (b) Side Yard planting may be in permanent planters:
and have hardscape at the discretion of the owner. (c). The top of walls of planters should generally be no
L Landscape. Trees scaled to the space are generally rec- taller than a bench, but some may be up to waist
ommended for shade and to screen views to and from height if so required to support the health of plant -
neighboring buildings. ings.
b. Multi -Family or Commercial Side Yards. (d).Appropriate irrigation and drainage should be pro-
i. Finishes. Side Yard materials, finishes, fixtures, and col-
ors should be designed in a manner that is consistent
with the architectural language of the building.
ii. Landscape.
a). Except for paved areas, side yards should be plant-
ed in their entirety with trees, shrubs, ground cover
and water conserving plant materials.
vided to all planted areas and planter pots.
e) Trees scaled to the space are generally recommend-
ed for shade and to screen views to and from neigh-
boring buildings
1
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
40 DRAFT - 9 August 2016
ORDINANCE NO. 1313
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City
of Palm Desert ONE ELEVEN DEVELOPMENT CODE 16
August 2015 5
ORDINANCE NO. 1313
ON -SITE OPEN SPACE GUIDELINES
The side yard of this multi -family building provides access to adjoining units.
A low wall provides this side yard with privacy from the street.
The side yard of this multi -family building provides access to adjoining units.
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
DRAFT - 16 August 2015 41
ORDINANCE NO. 1313
I
ON -SITE OPEN SPACE GUIDELINES
25.20.0054 BACK YARD
FSCRIPTIC
A private, landscaped open space located behind a single
family or multi- family building that is for the use of the resi-
dents of one or more dwellings. For buildings with two or
more units, Backyards may be divided into separated private
yards, provided each private yard is located directly adjacent
to the dwelling unit.
a. Configuration.
i. Backyards are located behind the primary building,
generally away from the view of the Primary Street.
ii. For buildings with two or more units, Backyards may be
divided into separated private yards, provided the pri-
vate yards are directly adjacent to the unit.
FIG. 25.20-10A. SINGLE FAMILY BACKYARD
wt.;.
Since Backyards are private open space areas, no design stan-
dards are provided.
b. Size. Refer to each individual zone for minimum and max-
imum size requirements.
c. Encroachments. Dooryards, porches, stoops, and archi-
tectural elements may encroach into the Backyard as
allowed by each individual zone.
FIG. 25.20-10B. MULTI -FAMILY BACKYARD
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
42 DRAFT - 9 August 2016
ORDINANCE NO. 1313
A back yard seating area and outdoor fireplace.
ON -SITE OPEN SPACE GUIDELINES
A back yard vegetable garden.
A drought tolerant back yard.
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
DRAFT — 16 August 2015 43
ORDINANCE NO. 1313
ON -SITE OPEN SPACE GUIDELINES
25.20.0055 ROOF DECK
A rooftop open space that may be assigned to individual units
or a shared open space available for use by all residents or
tenants. Amenities can include trellises, landscaping, seating
areas, outdoor fireplaces, and the like.
a. Configuration.
a. Roof Decks may be located on a portion or all of a
building, subject to the California Building Code (CBC).
b. Size. Refer to each individual zone for minimum and max-
imum size requirements. Roof decks can meet the mini-
mum open space requirements in certain zones.
A rooftop seating area.
a. Amenities. Roof Decks may include design elements such
as seating areas, fountains, and/or outdoor fireplaces to
encourage their use as outdoor rooms or gathering places.
b. Finishes. Roof Deck materials, finishes, fixtures, and colors
visible from the street and Required On -Site Open Spaces
including trellises, railings, and walls - should be
designed in a manner that is consistent with the architec-
tural language of the building.
Trellises covered rooftop decks.
A rooftop restaurant.
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
44 DRAFT - 9 August 2016
ORDINANCE NO. 1313
A
t
ON -SITE OPEN SPACE GUIDELINES
25.20.0056 PASSAGE
Passages provide a pedestrian connection between or
through buildings from the street to a Court or between two
Courts. Passages may be covered or uncovered.
2. CONFIGURATION
a. Configuration.
i. Passages should have a basic rectangular shape and
may be open to the sky or covered by a roof or upper
floors.
ii. Passages may be provided between buildings or along
side yards.
iii. Passages may be gated or completely open to the
street, but should be unobstructed by garden walls or
other solid elements that impede views into and out of
the Court to which they provide access.
b. Size. Refer to each individual zone for minimum and max-
imum size requirements.
a. Finishes. Passage materials, finishes, fixtures, and colors
should be designed in a manner that is consistent with the
architectural language of the building.
Example of covered passage.
FIG. 25.20-11. PASSGAGE
Diagram ofpassages connecting between two building masses to an
Enclosed Court (left) and ofa passage connecting to a Court along the
side yard.
Example ofaside yard passage providing access to a Side Court.
Example of on uncovered p) so yr.
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
DRAFT - 16 August 2015 45
ORDINANCE NO. 1313
ON -SITE PARKING GUIDELINES
25.20.061 SURFACE PARKING LOTS
Surface parking lots should be located and configured to pro-
vide adequate parking supply and convenient access to the
buildings and patrons they serve. All lots should provide safe,
well -lit, landscaped, shaded and comfortable environments,
a. Access.
i. Vehicular Access. Vehicular access should be located
on the side of a lot, and accessed by a drive (side lot) or
alley or lane (rear lot). Drives/allies may be one- or
two-way but must provide a dedicated entrance/exist.
ii. Pedestrian Access. All pedestrian access should be
clearly marked, lit and meet all required ADA standards.
b. Configuration. Surface parking shall be located per the
Parking Placement Standards of Table 25.18-2, Section I.
No surface parking will be located in front of a building
except for public on -street parking). All parking should be
located in the following locations:
a. Screening. Surface parking spaces may be open or cov-
ered. All surface parking should be screened from street
views by buildings, walls or the screening strategies below:
i. Landscape Screening. Trees scaled to the space are
generally recommended for shade and to screen views
to and from neighboring buildings.
ii. Screening Structures / Facades. Screening devices
may include various elements such as walls, perforated
metal panels, wire mesh, finished concretes and other
high quality materials that maintain architectural sensi-
tivity to the surrounding buildings and character.
iii. Public Art / Murals. In accordance with the City's
Public Art Program, surface lots may incorporate public
art elements such as sculptures, mural paintings, imag-
es and other artistic facade treaments and installations.
b. Shade. Shade should be provided throughout surface
lots. In addition to landscape elements, shade may be pro-
vided with the following strategies and should match the
architectural character of the surrounding structures.
i. Shade Structures. Structures may include arbors, trel-
lises, pergolas, mesh and overhead canopies.
i. Solar Shade Structures. For lots without public front-
age and out of public view, standalone solar structures
may be used. For lots within public view, individual
solar panel may be applied to existing shade structures.
and be appropriately configured and screened to not intrude
into public views, or into required on -site open spaces.
Additionally, surface parking lots should be designed to be
compatible with the surrounding architectural styles.
i. Side. Side parking lots should be located and
designed to not occupy more than 50% of the Primary
Street site width and should be screened from the pub-
lic right-of-way.
ii. Rear. Rear parking lots should be located, designed
and screened from the public right-of-way, and meet
all setback requirements in Section 25.18.050.
c. Size. All surface lots should provide up to 1 bay of park-
ing, not to exceed 75' wide.
c. Lighting.
i. Outdoor light fixtures should be limited 15 feet high.
ii. Lighting should be shielded or recessed so that:
1).The light source (i.e., bulb, etc.) is not visible from
off the project site; and
2) Glare and reflections is confined to the maximum
extent feasible within the boundaries of the project
site. Each light fixture shall be directed downward
and away from adjoining properties and the public
right-of-way.
iii. No lighting should have illumination levels greater
than one foot-candle.
d. Landscape. Water conserving plant materials should be
applied in compliance with the following:
i. Amount of landscaping. Landscaping within or
around the parking area should cover a minimum ratio
of 10% of the gross area of the parking lot. A minimum
of one shade tree should be provided for each 4 park-
ing spaces, or trees shall be provided to achieve 50%
canopy coverage of paved area at maturity, whichever
is greater.
ii. Location. Landscaping should be evenly dispersed in
a parking area with trees planted around the perimeter.
For larger parking areas, orchard -style tree plantings
placed in uniformly -spaced rows) are encouraged.
am
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
46 DRAFT - 9 August 2016
ORDINANCE NO. 1313
iii. Irrigation. Appropriate irrigation and drainage shall
be provided for all landscaped areas.
e. Paving. In an effort to reduce stormwater run-off and
water pollution, and to allow for the replenishment of
groundwater, parking areas should be designed to reduce
the amount of run-off generating surface area. The follow-
ing permeable surfaces for parking and maneuvering areas
are encouraged:
i. Pervious asphalt and concrete;
ii. Permeable pavers (products such as Unipaver,
Eco-stone and SF Rima or an approved equivalent);
iii. Reinforced gravel paving (such as Invisible Structures'
Gravelpave);
iv. Reinforced grass paving (such as Invisible Structures'
Grasspave);
v. Other permeable surfaces as approved by the City.
f. Finishes. Parking lot and structure materials, finishes, fix-
tures and colors should be designed in a manner that is
consistent with the architectural character of surrounding
buildings.
g. Amenities. The following amenities may be integrated to
support alternative modes of transportation and sustain -
ability. These amenities should be located inconvenient
locations to incentivize their use.
i. Bicycle Parking. Bicycle parking may be located with-
in surface lots according to Municipal Code § XX.
ii. Clean Air Vehicle Parking. Parking facilities are
encouraged to incentivize the use of clean air vehicles
including EVs) is encouraged to support the use of
low- and zero -emission vehicles within surface lots
iii. Golf -Cart / Motorcycle / Scooter Parking. Parking for
regulation -size golf -carts, motocycles and scooters may
be provided according to Municipal Code § XX.
iv. Shuttle Call Box. In conjunction with the City's shuttle
bus program(s), call boxes should be clearly marked
and conveniently located at the ground floor of park-
ing lots and structures.
A parking lot shaded by trees planted in uniformly -spaced rows.
A commercial parking lot that includes planting areas and semi-
permeable paving to facilitate rainwater recharging.
A parking lot paved with gravel and informal planting facilitates water
recharging.
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
DRAFT - 16 August 2015 47
ORDINANCE NO. 1313
SHARED PARKING GUIDELINES
25.20.062 PODIUM AND SUBTERRANEAN PARKING STRUCTURES
On -site parking should be located and designed to provide
adequate parking supply and convenient access to the build-
ings and patrons they serve and not intrude into public views,
or into required on -site open spaces.
a. Access.
i. Vehicular Access. Vehicular access shall be located on
the side of a lot, and accessed by an alley, lane, or drive.
ii. Pedestrian Access. All pedestrian access points shall
be clearly marked, lit and meet all required ADA stan-
dards.
iii. Gated/Residential Access.(secure upper level,
pedestrian bridge). Direct pedestrian access from
upper levels of parking structures to residential build-
ings is permitted only over the following street types:
Alleys and Lanes.
b. Configuration.
L On -grade parking podiums and parking structures shall
be located per the Parking Placement Standards of
Table 25.18-2, Section I.
ii. The Primary Street and Side Street frontages of on -
grade parking podiums and parking structures shall be
lined with occupiable, usable space with a minimum
depth of 20 feet.
iii. Partially subterranean and fully subterranean parking
garages may align with the Primary Street and/or Side
Street building frontage line(s) provided they do not
extend higher than the maximum allowed ground floor
height, per Table 25.18-2, Section CA.
c. Size. Refer to each individual zone for size standards.
FIG. 25.20-13A. PARKING AT LANE STREET TYPE
i1°
4u
Direct pedestrian access from top level of parking structures over lane street
type to residential building.
A multi -story park -once garage lined with a mixed -use liner.
FIG. 25.20-13B. SUBTERRANEAN PARKING
Property Line --*I F<-- Building Frontage
Line
ii
vw
Iv
in
o
E
Max. Ground Floor Height
perTable 25.18-2
01
City of Palm Desert ONE ELEVEN DESIGN GUIDELINES
48 DRAFT - 9 August 2016
ORDINANCE NO. 1313
rl
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Exhibit "C"
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CIVIC I OPEN SPACE
sun DOWMTOWN DISTRICT P)
DowNTowm EDGE DISMICT (DE)
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City of Palm Desert
PALM Case No. CZ 16-263 CITY COUNCIL
CHANGE OF ZONE ORDINANCE NO. 1313
s EXHIBIT C Date: December 8, 2016
M.
ORDINANCE NO. 1313
CHARACTERISTICS OF DOWNTOWN DISTRICTS
The following descriptions of each downtown district identify the characteristic uses, intensity of uses, and level of development
intended for that district.
A. DOWNTOWN (D) DISTRICT
The Downtown (D) zone introduces urban, multi -story buildings up to
3-stories tall and located at or near the sidewalk.' Primary building access
is from the sidewalk and parking is behind buildings or subterranean.
Ground floors accommodate retail, restaurant, service, and office uses, while
upper floors accommodate residential and office uses. Residential uses are
prohibited on the ground floor along the El Paseo frontage.
B. DOWNTOWN CORE OVERLAY (D-O) DISTRICT
Buildings within the Downtown Core Overlay (D-O) may be up to 4-stories.' In
addition, residential uses are prohibited on the ground floor.
C. DOWNTOWN EDGE (DE) DISTRICT
The Downtown Edge (DE) zone serves as a buffer between Downtown and the
residential neighborhoods to the north and south. It introduces urban, multi-
story buildings up to three stories tall. It is a flexible zone that allows a wide
range of uses, including residential, office, service, and retail uses. Buildings
with retail ground floors are located right behind the sidewalk while buildings
with residential ground floors are set back with small front yards.
D. DOWNTOWN EDGE TRANSITION OVERLAY (DE-O)
Buildings within the Downtown Edge Transition Overlay (DE-O) are required
to step down to two stories along the portions of the parcel that are adjacent
to singe family zones. In addition, most non-residential uses within the DE-0
are permitted subject to a conditional use permit.
Building Height may be increased by 1 story if public improvements are
implemented per conditions in 111 Corridor Implementation Manual.
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
6 DRAFT - 9 August 2016
ORDINANCE NO. 1313
LAND USE AND PERMIT REQUIREMENTS
Table 25.18-1 (Use Matrix for Downtown Districts) identifies allowed uses and corresponding permit requirements for the down-
town 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.
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 25.18-1. USE MATRIX FOR • •
Zone Special Use
Land Use
Residential Uses
DE ,1 w. r.;: Provisions
Assisted Living N N N C
Condominium C' CC C 25.16 040 Dwelling,
duplex C' C' C P 25.16.040.8 Dwelling,
multifamily C' C' C P - 25.16 040-- Dwelling,
single-family C' Cl C N 25.16 040.8 Group
home - ---- C' C' C N 25.16 040.8 Home -
based business N N N P Agriculture -
Related Uses Garden,
private C' C' N P Greenhouse,
private N N C P Horticulture,
private N N C P Recreation,
Resources Preservation, Open Space, Club,
private N N N C Day
care center C' C' N N Day
care, large family N N N A 25.10 040. Day
care, small family N N N P Institution,
educational N N C C Institution,
general N N C C Institution,
religious N N C C Mechanical
or electronic ames, s 4 P' P' P or
electronic games, Z 5 C' z C',1 C- N — MechanicalRecreational
facility, incidental N N N C 25.10 040.H Recreation
facility, private N N N P Recreation
facility, public N N N C Uses
prohibited along El Pasoe facing ground floor frontages. P = use permitted by right 2
The establishment may be permitted with an administrative use A = use requires administrative use permit permit
but may be elevated to a conditional use permit at the C = use requires approval of conditional use permit discretion
of the ZA based on: parking, traffic, or other impacts. N = use not permitted City
of Palm Desert ONE ELEVEN DEVELOPMENT CODE Zlp'
i 1 16 August 2015 7
ORDINANCE NO. 1313
15.1 5.040LAND USE AND PERMIT REQUIREMENTe
TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS (CONTINUED)
Land Use Zone Special Use
DE Provisions
Of Service, and
Ancillary commercial
Art gallery
Art studio
Book and card shops
Bed and Breakfast
Clothing and apparel shops
Convention and visitors bureau
Drugstore
Financial institution
Furniture stores and home furnishings
Gift and accessories boutiques (inlcuding smal
antiques)
P P P N 25.34.160
N
P
N
P
A
P
N 25.16.040.E
A
P P' A A — --
P
N
P
P
N
P
N
C
P
N — -- --
C
N
P'
P'
P'
P'
C
N
N
N
P P P N
I
P P -- P-- N —
Grocery Store < 35,000 SF
Health club, gyms or studios
C'
C1•2
C'
C 1.2
N
C2
N
N
Hotel C C C C
Independent stand-alone massage establishments P' P' C N 25-34.160
Jewelry shops P P P N
Liquor store
Liquor, beverage and food items shop
P'
P'
P'
P'
N
N
N
N
Luggageshops P P P N
Medical, clinic P r P 1 P N
Medical, office Pr P, P N
Medical, hospital P' P' C C
Medical, laboratory N N P N
Mortuary C' C' N N
Office, professional P' P' P C 25.10.040.M
Office, local government P 1 P T P N
Office, neighborhood government N N N C
Office, travel agency P' P' P N 25. i0.040.K
Outdoor sales A' At A N
The establishment may be permitted with an administrative use
r -.1
A = use requires administrative use permitpermitbutmaybeelevatedtoaconditionalusepermitattheC = use requires approval of conditional use permitdiscretionoftheZAbasedon: parking, traffic, or other impacts. N = use not permitted wo
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
8 i;;,i 1 9 August 2016
ORDINANCE NO. 1313
LAND USE AND PERMIT REQUIREMENTS
TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS (CONTINUED)
i
Zone Special Use
Land Use DE Provisions
Personal services P P P - N
Restaurant C2 C2 C' N 25.16.040.H
Retail ; P P P N
Fire Station C C C C . ... ...
Commercial communication tower C C C
Commercial parking lot P ------------ P— C C----- --- - -- 25.10.040-1 --------
Office parking lot N N N C 25.10.0401
Public service facility N N --- N C
Utility Facility N N N ---
I-.
C . ..... . -
Utility installation C C N N
61" 1 1
Automobile and Vehicle Uses
Automotive rental agency P P C N
Automotive service station C C N— N
Temporary Uses See Section 25.34.080
Uses prohibited along El Pasoe facing ground floor frontages. P = use permitted by right
2 The establishment may be permitted with an administrative use A = use requires administrative use permit
permit but may be elevated to a conditional use permit at the C = use requires approval of conditional use permit
discretion of the ZA based on: parking, traffic, or other impacts. N = use not permitted
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
1 1 16 August 2015 9
ORDINANCE NO. 1313
DEVELOPMENT STANDARDS
The development standards on Table 25.18-2 (Downtown District Development Standards) are applicable to the downtown zon
ing districts. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking stan-
dards) in this title, are intended to assist property owners and project designers in understanding the City's minimum require-
ments and expectations for high -quality development.
IAt3LE 25.18-2. DOWNTOWN DISTRICT DEVELOPMENT STANDARDS
Development Standard
A. Building
1. Floor Area Ratio (FAR)
Se Building property
2.0
Zone
2.5
DE
2.0 2.0
1. Primary Street Setback'
a. Ground Floor Residential 5 h. not allowed 10 h. 10 ft.
b. Ground Floor Nonresidential 0 ft 0 h. 0 h. loft
2. Side Street Setback'
a. Residential 5 f . not allowed 10 h. 10 ft.
b. Nonresidential 0 h 0 f[ 0 ft. loft
3. Side Yard Setback
a. Residential 0 ft 0 ft. 0 h. 5 h.
b. Nonresidential - oft. 0 h. 0 h. 5 ft.
4. Rear Setback
a. with alley —_ — -- 5 ft 5 h. 5 h. 25 ft.
b. without alley 5 ft. 5 h. 5 h. 5 h.
C. Building Height
1. To eave of pitched roof (max.) _ 3 floors /40 h._ 4 floors /55 h. 3 floors /40 h. 3 floors /40 h.
2. Pitched roof height above top of eave (max.) 12 h. 12 h. 12 h. 10 ft.
3. To top of parapet of flat roof (max.) 3 floors /45 h. 4 floors /60 ft 3 3 floors /45 ft. 3 floors/45 ft.
4. Ground floor above grade at building
setback line (max.)
a. Residential — 4 ft. not allowed 4 h. 3 ft.
b. Nonresidential
5. Ground story height
a. Residential
0 ft:
18 ft
0 h.
not allowed
0 h.
12 h
0 h.
10 h.
b.Nonresidential 18 ft 18 ft. 18 h. not allowed
The distance between the face of curb and Primary Street and Side Street building facades must be consistent with the sidewalk and landscape
width requirements of General Plan Chapter 10, Streetscape and Public Realm. Accordingly, buildings along the Primary Street and Side Street
may need to be setback farther than the minimum specified setback in order to provide space for the sidewalk and landscape widths envisioned
by the General Plan.
2
Building heights are the vertical distance from the average elevation of the finished grade to the top of eve or top of parapet, pitched roof height
is the additional vertical distance from the top of eave to the highest point of the roof, ground story height is measured floor to floor. s
Building Height may be increased by 1 story / an additional 15 ft. if public improvements are implemented per conditions in I I I Corridor
Implementation Manual.
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
10 DRAFT - 9 August 2016
ORDINANCE NO. 1350A
aw
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE
AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION 25.28.040
EL PASEO OVERLAY DISTRICT (EPOD) AND SECTION 25.18.040
DOWNTOWN DISTRICT (DD), ALLOWING PROFESSIONAL OFFICE
USES ON THE GROUND FLOOR FRONTING EL PASEO, SUBJECT TO A
CONDITIONAL USE PERMIT; AND ADOPTING A NOTICE OF
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
CASE NO: ZOA 19-0002
WHEREAS, the City Council of the City of Palm Desert, California, did on the 10'h
day of October 2019, hold a duly noticed public hearing to consider the request by the City
of Palm Desert and approved the above noted; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 271h
day of June 2019, hold a duly noticed public hearing to consider the request by the City of
Palm Desert and continued the case; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 281h
day of March 2019, hold a duly noticed public hearing to consider the request by the City of
Own Palm Desert and continued the case; and
WHEREAS, establishing an Ordinance to allow office professional uses on the
ground floor fronting El Paseo throughout the one -mile (Highway 74 to Portola Avenue)
corridor. The Zoning Ordinance Amendment (ZOA) requires the approval of a Conditional
Use Permit (CUP); and
WHEREAS, the City's overall goal is for El Paseo to remain a high -end luxury,
pedestrian -friendly street while allowing a limited amount of storefront office uses that
complement the pedestrian corridor.
WHEREAS, the City Council of the City of Palm Desert, in reviewing all the facts and
any testimony given adopts the following as its Findings of approval of the Zoning
Ordinance Amendment:
SECTION 1. Findings. The City Council of the City of Palm Desert hereby finds that:
A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly
organized under the constitution and laws of the State of California.
B. The Planning and Zoning Law authorizes cities to establish zoning ordinances to
address land use designations and property regulations for development.
mom
C. The Planning and Zoning Laws require cities to make General Plan and Zoning
standards consistent in order to remove ambiguity and conflicting policies and
that the proposed amendments to the Zoning Ordinance bring the documents
into conformity with the adopted General Plan.
ORDINANCE NO. 1350A
SECTION 2. Zoning Ordinance Amendment. The City Council of the City of Palm
Desert approves and adopts the amendments shown in Exhibit "A" and Exhibit "B" which
are attached hereto and incorporated herewith. That 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 which
ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this resolution or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this ordinance or any
part thereof. The Planning Commission hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof
irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
SECTION 4. California Environmental Quality Act Finding. The City Council of
the City of Palm Desert finds the changes to the Zoning Ordinance have been reviewed and
considered and it has determined that any environmental impacts associated with the
changes have been sufficiently reviewed by the Environmental Impact Report prepared as
part of the General Plan Update, and the expansion of allowing office uses will not have a
direct physical impact to the environment and that all future development within the
Downtown District will be reviewed in accordance with CEQA.
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 October 2019, by the
following vote, to wit:
AYES: HARNIK, JONATHAN, KELLY, NESTANDE, and WEBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUSAN MARIE WEBER, MAYOR
ATTEST:
RAINELLE D. KLASSECITY CLERK
CITY OF PALM DESERT, CALIFORNIA
G 1CityOrklGiona Sanchez\Ord 1350A - ZOA Ord Office Uses doc
ORDINANCE NO. 1350A
Mwft
Exhibit "A"
am 25.28.040 El Paseo Overlay District
A. Intent and purpose. This section includes properties between Highway 74 and
Portola Avenue. 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
uses, which may occupy El Paseo ground floor commercial frontage.
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).
6. Jewelry shops.
7. Liquor, beverage, and food item shops.
8. Luggage shops.
9. Personal care/products shops and services (including barbering and
ONO
cosmetology).
10. Restaurants.
11. Sundries shops (general merchandise).
C. Conditional uses. The Planning Commission may, by a Conditional Use Permit,
approve office professional uses located on the ground floor fronting El Paseo
between Highway 74 and Portola Avenue if they are determined to be compatible
with the intent and purpose of this chapter. The City's overall goal is for El Paseo to
remain a high -end luxury, pedestrian -friendly street while allowing a limited amount
of storefront office uses that complement the pedestrian corridor. As part of the CUP
review process, staff and the Planning Commission will review each office use
proposal and make findings based on the following: (Ord. 1324 § 7, 2017; Ord. 1277
5, 2014; Ord. 1259 § 1, 2013).
Type of office uses. The Planning Commission will be reviewing the type of
office uses on how they energize/engage interest along the street, and
enhance its primary use as a retail/entertainment center.
2. Locations. The Planning Commission will review/analyze the locations based
on the following.
Corner properties
preserve them for
large storefronts.
The overall goal for corner properties is to
restaurants with patio spaces and retail uses with
Density — The Planning Commission shall review each application to
preserve El Paseo as a retail district.
GACityClrk\Glona Sanchez\Ord 1350A - ZOA Ord Office Uses.doc
ORDINANCE NO. 1350A
Abut/neighbor one another — The overall goal is not to have large
consecutive building storefronts of office spaces.
Exhibit "B"
25.18.040 Downtown District
Under Land Use and Permit Requirements within the matrix table for Office Professional
under the Downtown (D) and Downtown Core Overlay (D-O) change Footnote 1 that states,
Uses prohibited along El Paseo facing ground floor frontage" to, "Office professional
uses may be allowed subject to Section 25.28.040 El Paseo Overlay District."
31
GACityClrk\Glona Sanchez\Ord 1350A - ZOA Ord Office Uses doc
CITY OF PALM DESERT
ATTENDANCE REPORT
Advisory Body:
Prepared By:
Year
Month
Date 3-Jan 17-Jan 7-Feb 15-Feb 1-Mar 15-Mar 5-Apr 19-Apr 3-May 17-May 7-Jun 21-Jun 5-Jul 19-Jul 2-Aug 16-Aug 6-Sep 20-Sep 4-Oct 18-Oct 1-Nov 15-Nov 6-Dec 20-Dec
DeLuna, Nancy -P -P P -P P -P -P --P P --P P P P -
Greenwood, John -P -P P -A P -P -P --P P --P P P P -
Gregory, Ron -P -P P -A P -P -P --P P --P A P P -
Holt, Lindsay -P -P P -P P -P -P --P A --P P P P -
Pradetto, Joseph -P -P P -P P -A -P --P P --P P P P -
Palm Desert Municipal Code 2.34.010:
P Present
A Absent
E Excused
-No meeting
2023 2023 2022 2022 2022
Oct Nov Dec
Planning Commission
M. O'Reilly
2022 2022
Twice Monthly: Six unexcused absences from regular meetings in any twelve-month period shall constitute an automatic resignation of members holding office on boards that meet twice monthly.
Jan Feb Mar Apr May Jun Jul Aug Sep
2022 2022 2022 2022 2022
CITY OF PALM DESERT
ATTENDANCE REPORT
0 0
1 1
2 2
1 1
2 2
Total
Absences
Total
Unexcused
Absences