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HomeMy WebLinkAboutRes No 2828 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. ZOA23-0001 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 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 Oradetto(Feb 24,2023 10:13 PST) 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 sit my hand and affixed the official seal of the City of Palm Desert, California, on Februaryr6,,,Zr- , 2023. RICHARD D. CANNONE, AICP SECRETARY 2 PLANNING COMMISSION RESOLUTION NO.2828 "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 Titie and Purpose A. Title.This title shall be known as the Zoning Ordinance of the City. B. Relation to the General Plan. The City Council has instituted a comprehensive planning program in order to ensure that the anticipated growth within the City is organized, planned, and coordinated in a manner that will not place undue burdens on the City in its ability to provide urban services and facilities. This planning program has culminated in the preparation and adoption of a comprehensive General Plan. C. Role of Zoning Ordinance. Chapter 12"Work Plan"of the General Plan recommends implementation strategies to accomplish the goals and objectives found within that document. In order to accomplish said goals and objectives the orderly development of the City, and the elimination of haphazard land development, is required. Among the methods noted is a regulatory Zoning Ordinance to govern the uses of land and the density and intensity of development. D. Purpose of Zoning Ordinance. The zoning regulations of the City are adopted to protect, promote, and enhance the public health, safety, and general welfare,ensuring that development within the City is related to the City's ability to provide essential urban services and is consistent with the Palm Desert General Plan. More specifically,these regulations are adopted to achieve the guiding prias4pa16principles 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 prir+eipalsprinciples of the General Plan. To meet the guiding prinGipafsprinciples development proposals will be reviewed for their focus on: human-scale design, liveliness of centers, complete streets, accessibility and connectivity, and quality of open spaces. 2. Foster a harmonious, convenient,workable and connected relationship among land uses. 3. Ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial to the City as a whole. 3 PLANNING COMMISSION RESOLUTION NO.2828 4. Provide population densities that support and encourage pedestrian activities 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 4 PLANNING COMMISSION RESOLUTION NO.2828 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 includes the plural, and plural numbers include the singular unless the natural construction of the word indicates otherwise. 3. Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either...or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes"and "including"shall mean "including, but not limited to." 4. Number of Days. Whenever a number of days are specified in this code, or in any entitlement, condition of approval or notice issued or given as provided in this code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day when the last of the specified number of days falls on a day that the City is not open for business. C. Minimum Requirements.All provisions of this code are considered to be minimum requirements, unless specifically stated otherwise. D. Calculations—Rounding. Where any provision of this code requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number(0.5 or more is rounded up, less than 0.5 is rounded down). E. Zoning Regulations.Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted unless the use is determined to be similar to a listed use or use category. F. Zone Boundaries. Where uncertainty exists as to the boundaries of any districts shown on the official zoning map,the rules established under Section 25.04.030 (Zoning Map) apply. 5 PLANNING COMMISSION RESOLUTION NO.2828 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 intensity and neighborhood development (0.5-1.0 du/ac) and generally is characterized by limited development on large properties and preservation of natural features and open space. B. Single-Family/Mobile Home Residential District(R-11M). 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 neighborhoods. The district provides for low intensity development(2.0-8.0 du/ac) generally characterized by single-family homes on medium-sized lots organized around formal and walkable streetscapes. D. Mixed Residential District(R-2). The intent of this district is to provide moderate intensity and density (3.0-10.0 du/ac)for neighborhood development. Neighborhoods are characterized by a variety of housing choices and mixed-uses. Buildings are organized around formal and walkable streetscapes with high levels of pedestrian connectivity. E. Multifamily Residential District(R-3).The intent of this district is to provide suitable areas for moderate to higher intensity and density (7.0-40.0 du/ac)for residential development and small scale commercial activity. The zoning district is characterized by higher density residential development and mixed-uses in proximity to retail and commercial services. Buildings are organized around formal streetscapes with 6 PLANNING COMMISSION RESOLUTION NO.2828 a variety of plazas and other pedestrian a+eea}tesamenities and open spaces that are highly connected to surrounding development. F. Hillside Planned Residential District(HPR). The purpose of the hillside planned residential district is to provide for the lowest intensity (0.2 du/ac)of residential development by minimizing the grading of hillside areas and to preserve the natural contours of the land by avoiding extensive cut and fill of slopes that result in a padding or staircase effect within the development. This district is characterized by the preservation of natural features and protected viewsheds, architecture and landscape design that blends with the natural terrain, and informal and natural streetscapes that follow the topography of the land. G. Planned Residential District(PR). The purpose of this district is to provide for flexibility in residential development, by encouraging creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities (4.0-40.0 du/ac), mixed housing types, and community facilities. The district is 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 for residential districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99"Definitions". The Special Use Provisions column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title. Use regulations in the table are shown with a representative symbol by use classification listing: "P" symbolizes uses permitted by right, "A"symbolizes uses that require approval of an administrative use permit, "' "symbolizes does that Fen,,;Fe "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 7 PLANNING COMMISSION RESOLUTION NO.2828 Residential Zoning District (P=Permitted;A=Administrative Use Permitl;urge Permit;Family Day GaFe Use C=Conditional Use Permit;N=Not Permitted Special R- R- R- Use RE 1 R-2 3 1M HPR PR I 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 P P P P N P- P 25.34.039 Dwelling,single-family P I 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.E 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 I N I N C C N C C 1 25.10.040.0 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 I P P I A I A P I 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 I N N N N N I 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= Pi- Pl= pt= PL P6 2b iA.A4�P Day care,small family P P P P P P P Institution,educational' C I C C C C I N C Institution,generaJ2 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 8 PLANNING COMMISSION RESOLUTION NO.2828 Residential Zoning District (P=Permitted;A=Administrative Use Permit\.L=i arge Family Day Care I'rn Permit ;C=Conditional Use Permit;N=Not Permitted Special R- R- R- Use RE 1 R-2 3 iM HPR PR 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 25.10.040.1 Condominium hotel,converted N N C C N N C Hospital N N C C N N C Hotel N N N C N N C 25.10.040.J Neighborhood government office N N C C N N N 25.10.040.K Office parking lot N C C C N N N 25.10.040.E 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): 9 PLANNING COMMISSION RESOLUTION NO.2828 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 minimum area with a total number of horses all sizes not exceeding three. (This would allow one additional pony or the temporary keeping of one foal). 2. Horses must be kept within a corral and/or enclosed stable of the following minimum dimensions: 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 structures 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. 10 PLANNING COMMISSION RESOLUTION NO.2828 5. Barns, corrals, or stables shall be cleaned and maintained such that dust, flies, and odors shall not create a nuisance for adjacent properties and not less than once per day. F. Large Family Day Care. Formatted:indentl,Indent:Left: 0" heme6 shall be IE)Gated RE)Gloser than 300 feet in all d'FeGt*GRS frern aRether large family opeFatiOR shall be allowed en the appkant'6 heme. be OR file with the Gity at all time6. R. State Liseaaiag 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. 11 PLANNING COMMISSION RESOLUTION NO.2828 n`I life safety of n+.i3`Iren in IaFge family day n e hemeo (See Tifl 22 f Safety Gode, smoking of tobacco and ether substances whetheF opeFatien a6 a large family day Gare home with FespeGt te these are-as ef the heme where Gh*!dFeR aFe present. !I. Proof of GentFel. No use permit shall be 1666ied URIess the appliGant raR 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) 12 PLANNING COMMISSION RESOLUTION NO.2828 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 project designers in understanding the city's minimum requirements and expectations for high-quality development. A. Hillside Planned Residential Development Standards. The following standards must be met prior to the approval of a hillside development plan as described in Section 25.78.020: 1. Density. Each lot shall be limited to a maximum of one unit per 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 and 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 grading 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 satisfaction of the city council. 13 PLANNING COMMISSION RESOLUTION NO.2828 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 section 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 precise plan shall take into consideration any and all circumstances, including, but not limited to, viewshed, topography, color, texture, and profile of any structure that the commission or council may determine to be in conformity with the purposes set forth in this section. 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 14 PLANNING COMMISSION RESOLUTION NO.2828 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 accessible 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 provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types, and community facilities. The PR district is further intended to provide for the optimum integration of urban and natural amenities within developments. The PR district is also established to give a land developer assurance that innovative and unique land development techniques will be given reasonable consideration for approval and to provide the city with assurances that the completed project will contain the character envisioned at the time of approval. 2. Filing Procedure. To initiate the review process, the applicant shall file applications for a change of zone (if needed)to a PR district along with a precise plan,tentative tract/parcel map and supporting environmental documentation. 3. Maximum Project Densities. The maximum project density shall be as expressed in dwelling units per gross acre of not more than the number following the zoning symbol PR.The council shall determine the densities to be allowed within each PR district at the time the involved properties are rezoned and as designated on the zoning map within the following range: one to 40 dwelling units 15 PLANNING COMMISSION RESOLUTION NO.2828 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 department 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 may impose 16 PLANNING COMMISSION RESOLUTION NO.2828 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 units 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. 17 PLANNING COMMISSION RESOLUTION NO.2828 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; 18 PLANNING COMMISSION RESOLUTION NO.2828 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.All 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 RE R-1' z1 ac z15,00 z10,00 <10,00 R- , P.R. R-2 R-3 1 HPR S Measurement/Zonin 0 sf 0 sf, 0 sf 1M g District but 19 PLANNING COMMISSION RESOLUTION NO.2828 515,00 I I 0 sf Residential Density Density(du/ac),min 1 -2 1 2-3 1 3-4 5-8 3-10 7- 1 7 1 1/5 ac 4- -max 40 40 Lot Dimensions Lot size,min 40,00 15,000 10,000 8,000 3,500 3,00 20 — — 0 sf sf sf sf sf 0 sf ac/ 5,00 0 sf Lot size,max 1 ac No max 14,999 9,999 No No No — — sf sf max max 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, 30' 30' 20' 10'6 10, 10, — — — min Street side yard,min 30' 15, 10, 10, 10, 10' 20'/ — — Rear yard,min 50' 20' 20' 15' 15' 10' 10'/ — — 5' Residential See Section 25.40,050(Accessory Buildings and Structures) accessory structures Coverage Lot coverage,max 30% 35%2 35%2 1 35%2 60% 75% — 10% 50% percentage of lot area Building Measurements Height,max 15' 15'(18' 15'(18' 15'(18' 15' 40' 18' _ 40' (18' ARC)7 ARC)7 ARC) (30' ARC)7 ARC) 8 Number of stories, 1 1 1 12 2 3 1 1 3 max Dwelling unit size, 1,500 1,250 1,000 1,000 600 450 — — — min sf sf sf sf sf sf Dwelling unit size, — — — — 4,000 4,00 — 4,000 — max sf 0 sf sf Site area per dwelling — — — — 4,000 2,50 — — — unit,min sf 0 sf Building pad area, — — — — — — — 10,00 — max 0 sf Open Space Group usable open — — — — — 300 — — — space per dwelling sf unit,min Notes 20 PLANNING COMMISSION RESOLUTION NO.2828 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 21 PLANNING COMMISSION RESOLUTION NO.2828 t one —••—Cey Boundary R 1 and R 2 Parcels within the Palm Oesert Country Club Palm Oesert Country Club (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 22 PLANNING COMMISSION RESOLUTION NO.2828 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 Special PC- PC- PC. Use OP PC-1 2 3 4 SI Use 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 25.16.040.8 Dwelling,single-family C C C N C C 25.16.040.8 Group home C C N N C C 25.16.040.8 Single-room occupancies N N IN N N C Homeless shelter N N N N N P Recreation Resource Preservation Open Space,and Public Ass rnbly 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 N P P N P N natural 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 F cility,and Communication Uses Commercial communication C C C CEN C 25.16.040.0 tower Commercial parkinglot C N N N NPublic utili installation N N N N P Public facili utili or service N N N N P Ret ,Sefacilr N N C N P Formatted:Font:8 pt,Underline,Font color Red Retail,Service,and Office Uses Formatted:Font:8 pt,Underline,Font color.Red Accessory massage P NL P P P !�, 25.34.16Q establishment I Formatted:Font:8 pt,Underline,Font color.Red Adult entertainment N N N N N C 25.16.040.D Ancillary commercial A P P P N A 25.16.040.E formatted:Font:8 pt,Underline,Font color.Red Art gallery A P p P P C Formatted:Font:8 pt,Underline,Font color.Red Art studio A P P P PC _ Bed and breakfast N A A A A IN 1 Formatted:Font:8 pt,Underline,Font color.Red Business su ort services N N N N P P — Cannabis retail N C C C C IN 25 34 120 Fol rmatted:Font:8 pt,Underline,Font color.Red Formatted:Font:8 pt,Underline,Font color Red 23 PLANNING COMMISSION RESOLUTION NO.2828 Commercial/Industrial District (P=Permitted;A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted Special PC- PC- PC- Use OP PC-1 2 S 4 SI Provisions Cannabis testing and research C N N N N C 25,34.120 laboratory 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 N _N P P N N 25,34,160 massage Liquor store N P P P N N Liquor,beverage and food items N P P P P N shop 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 P P P P Office,local government P JPAA IN P Office,travel agency P N Outdoor sales N A Personal services N N Restaurant A A 25.16.040.E /H Retail N N Retail,bulk items N N S a N N Time-share roect N N Veterinary clinics/animal A A hos itals Pet boardin N A Automobile and Vehicle Uses Automotive rental agency N N N INN P Automotive gasoline station N N C C 25.34.090 Automotive service facilityN N C P 25.34.090 Automotive sales new and used N N N C (outdoor/indoor) (outdoor)A (indoor) Automotive sales of accessory N N N N arts and supplies Vehicle storage facilityN N N P 25.16.040.1 Industrial,Manufacturing,and Processing Uses Cannabis cultivation N ZNN N N C 25,34.120 Cannabis deliveryN N N C 25.34 120 Cannabis distribution N N N C 25.34.120 Cannabis manufacturingN N N C 25.34.120 Industrial planned unit N N N P development Light industrial and research and N N N P development Maintenance facilityN N N P Pest control facili N N N P 24 PLANNING COMMISSION RESOLUTION NO.2828 Commercial/Industrial District (P=Permitted;A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted Special PC- PC- PC- Use OP PC-1 2 3 4 SI Provisions Preparation of foodstuffs N N N N N P Production of home and office N N N N N P decoraccessones 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. 25 PLANNING COMMISSION RESOLUTION NO.2828 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_: Formatted:Foot:Bold Sound emanating from industrial properties shall be muffled so as not to become objectionable Formatted:Font:Bold due to intermittence,beat frequency,or shrillness.The measurements of sound shall be measured Formatted:indentl at the lot lines and shall be measured to decibels w ith 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- Adjacent Residential District Lot Line of Use in the SI Zone Second decibels Boundaries decibels decibels 0-75 72 79 76-150 59 74 151-300 52 66 301-600 46 59 601-1200 1 42 53 1201-2400 39 47 2401-4800 34 41 Above 4800 32 39 26 PLANNING COMMISSION RESOLUTION NO.2828 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 beyond the lot lines of the use. 5. Storage of refuse, trash, rubbish, or other waste material outside a permanent building shall be kept in enclosed containers in areas other than the front and side yards. 6. Lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, structures, landscaping, parking areas, loading and unloading areas, and the like shall be shielded, focused, directed, and arranged as to prevent glare or direct illumination on streets or adjoining property. 7. Unless specific additional uses are permitted by the certificate of occupancy, the use of radioactive materials within the SI district shall be limited to measuring, gauging and calibration devices, as tracer elements, in x-ray and like apparatus, and in connection with the processing and preservation of foods. In no event shall radioactivity,when measured at each lot line, be in excess of 2.7 x 10 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. DG. 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 27 PLANNING COMMISSION RESOLUTION NO.2828 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 I PC-21 I PC-3' PC-4' 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, SetbacksZ Front yard,min 12'min, 15' — — — 30' 20' av Side yard,min 0720'34 7 0720'3.4 0720'34 — 15' 01/10's interior/exterior Street side yard, 12'min, 15' — — — — 10, min av Rear yard,min 1 0720'3,4 0720'3.4 1 0720'34 — 20' 0725's Coverage Floor area ratio 0.75 0.5 1.0 1.0 0.10 0.75 Residential density range 10.0 10.0—15.0 10.0—15.0 10.0—15.0 10.0 (mixed-use) 1 T - Building Measurements Height,max 40',3 35',2 35',2 35',2 55',4 40',3 sin le-use stories stories stories stories stories stories Height,max 40 40 40 40 55 mixed-use No.of stories 3 3 3 3 4 mixed-use Building size, — 10,000 sf 30,000 sf — — — max' Landscaping Required 15% 15% 15% 20% 20%9 landscaping,min 28 PLANNING COMMISSION RESOLUTION NO.2828 percentage of lot area Depth of landscaping in 10, 10, 20' 30' 10, — street setback area,min 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.D€(Additional 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 landscaped 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 29 PLANNING COMMISSION RESOLUTION NO.2828 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. However,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 Zone Land Use D D- DE DE- Special Use Provisions O O Residential Uses Accessory dwelling unit P P P P 25.34.030 Assisted Living N N N C Condominium C C' C C 25.16.040.E Dwelling,duplex C' C' C P 25.16.040.B Dwelling,multifamily C' C' C P 25.16.040.E Dwelling,single-family C' C' C N 25.16.040.E Group home C' C' C N 25.16.040.B Junior accessory dwelling unit P P P P 25.34.030 Home-based business P4W P4W P4W P4 25.34.020 Agriculture-Related Uses Garden,private C' C' N P Greenhouse,private N N C P Horticulture,private N N I C P Recreation,Resources Preservation,Open Space,and Public Assembly Uses Club,private N N N C Day care center C' C' 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,5 4 P' P' P N Mechanical or electronic games,>_5 C C C N 30 PLANNING COMMISSION RESOLUTION NO.2828 Zone Land Use D D. IDE DE- Special Use Provisions O 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' P' 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 P' C N Drugstore P' P' N N Financial institution P' P' C N Furniture stores and home furnishings P P P N Gift and accessories boutiques(in'Gudingincluding small P P P N antiques) Grocery store<35,000 SF C' C' N N , Health club,gyms or studios G z 1. `2 1 z C 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 P' P' N N Liquor,beverage and food items shop P' P' N N Luggage shops P P P N Medical,clinic P' P' P N Medical,office P' P' P N Medical,hospital P' P' C C Medical,laboratory N N P N Mortuary C' C' N N Office,professional P 3' P 31 P C 25.28.040.C23 a0.$4rM Office,local government P' P' P N Office,neighborhood government N N N C Office,travel agency P ' P=' P N 25.10.040.K Outdoor sales A' A' A N Personal services P P P N Restaurant C 2 C 2 C' N 25.16.040.1-1 Retail P P P N Retail,bulky items P' P' C N Spa P P P C Sundries shops(general merchandise) P P P N 31 PLANNING COMMISSION RESOLUTION NO.2828 Zone Land Use D D_ DE DE_ Special Use Provisions O O Time-share project C' C' N N Utility,Transportation,Public Facility,and Communication Uses Fire station C C C C C C C Commercial communication tower Commercial parking lot P P C C 25.10.040.1 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 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 subiect 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 no„ ;t Wan as outlined in Section 25.782.0840 is required for approval of a development in the Planned Community Overlay district. 32 PLANNING COMMISSION RESOLUTION NO.2828 B. Requirements. 1. Site area. A minimum of 100 acres shall be required for a planned community development. 2. Master plan required.Any application for a planned community overlay zone shall be accompanied by a master plan for the entire area covered by the application. 3. Ownership.All land in a proposed overlay zone shall be held in one ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. 4. Utilities. The existing utilities systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the planned community overlay zone if determined necessary by the Director. C. Application.An application for an overlay zone shall be submitted by the owner, ws©r he-ran 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 recommendation to the Commission. 2. The Commission shall hold a public hearing on such application. If it finds the criteria set forth in this chapter have been met, it may establish the overlay zone subject to such conditions as it deems necessary. The Commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety, or welfare. 3. Planned community development applications shall be forwarded along with the community master plan to the Council. The Council shall hold a public hearing and either approve, conditionally approve, or deny the community master plan. The decision of the Council shall be final. E. Termination of overlay zone. 1. The overlay zone and any master plan or other material approved as a part thereof shall become null and void if the physical development of the district is not 33 PLANNING COMMISSION RESOLUTION NO.2828 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 34 PLANNING COMMISSION RESOLUTION NO.2828 Wow xw "`ti Q �.. 4 Yrtl�/M.A7��'hu. ............. 4e. (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. 35 PLANNING COMMISSION RESOLUTION NO.2828 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 time 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 include 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 entitle 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. 36 PLANNING COMMISSION RESOLUTION NO.2828 i. The permit applicant shall be the individual who conducts the cottage food operation from his or he their 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 complete 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 operation, 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 histheFtheir vehicle on the subject property for the purpose of driving a commercial vehicle to a remote job site. 37 PLANNING COMMISSION RESOLUTION NO.2828 F. Prohibited uses. The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond 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 construction 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 required 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. 38 PLANNING COMMISSION RESOLUTION NO.2828 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: Projections° Maximum Projection into I Minimum Setback from Required Setbacks Property Lines All projections unless otherwise s ecified 39 PLANNING COMMISSION RESOLUTION NO.2828 Front,rear,or street side yard 6'-0" 3'-0" Internal side yard 2'-0" T-0" Oriel or bay window' Front,rear,or street side yard T-0" T-0" Internal side yard 2'-0" 3'-0" Porches and ste s2 Front,rear,or street side yard 6'-0" T-0" Internal side yard 2'-0" T-0" Balconies over 6'-0"above round Front or rear yard 6'-0" 5'-0" Internal side yard 5'-0" 5'-0" Street side yard 5'-0" T-0" Open stairwa s3 allyards) 4'-0" T-0" Covered patiOS4 Rear yard 8'-0" T-T Side yard within 35 feet of rear lot line 5'-0" 5'-0" Maximum coverage of rear yard 50% Underground structures No limit 5'-0" Notes: 1. Limited to a maximum width of 10'-0"or 50% of fagade 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 40 PLANNING COMMISSION RESOLUTION NO.2828 AN projections(unless otherwise speclhed) Oriel or bay window al dl Trnax 2max Yrnin Projection Projection Yrnin 6'rnax Setback Trnin =0- Yrrion Z— Setback Projection rnax I L Projection Setback Setback RequiredRequired&Md&k Build" Yard Area Area Yard Area i Area Required Area Required Are, Yard Area Yard Area Front,rear,or side yard Internal side yard Front rear,or side yard Internal side yard Porches and steps Covered patios al al al Yrnin' Wmax 5'rnin 5' x pro.6 max proection Setback Project. Setback Project. Yrnin Projection yrnin Setback WWT36. Setback max ITf I Required? Mdable I Bud" Required ':&A& Required i Build. Yard Area: Area Required Am Yard Area Area Yard Area Area Yard Area Front,rear,or side yard Internal side yard Rear yard Side yard(within 35'of rear lot line) Balconies Open stairways J of J al CL: 6' rnax i S'rnax 5'rnax Project Proj Project.. PrProject.ect S'rnin: 5'rnin 3'rrin+—+ 3'rnin Setbadrl Setback Sao—, Setback C Required E Wild. Required i Bud. Bud. Required Nes Yard Area Area Yard Area Area -P I Required Yard Area Yard Area Front or rear yard Interior side yard Street side yard All yards 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: 41 PLANNING COMMISSION RESOLUTION NO.2828 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 with 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 court/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 ffiay--shall be subject to ARC review to ensure minimalism impacts on adjacent properties. Applications for new or modified sport courts shall submit documentation demonstrating 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 42 PLANNING COMMISSION RESOLUTION NO.2828 Fencing"I be Side and Rear Setback Requirements screened from Lighted courts t public view and require a fully tv t4- adjacent property engineered with a combination fighting plan of walk,berms,and See Chapter landscaping. 24,16 Front P.L. Standard Requirement-I O'min.setback with I(Y max. fence height 5rron Wamm i AeNL J PA-ditixed Requirement A-S'"n.setback with W min. depression below existing grade It G' der Rear P.L 10 min.The setback maybe reduced to 54 certain requirements are met. Reduced Requirement 8.Y min.setback with 6'max For more information,see the Side and fence height Rear Setback Requirements sections- (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. 43 PLANNING COMMISSION RESOLUTION NO.2828 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 more 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 prevent 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 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. 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. 44 PLANNING COMMISSION RESOLUTION NO.2828 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 finish 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 Industrial 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 district. 45 PLANNING COMMISSION RESOLUTION NO.2828 1. All screening requirements for developments within the planned residential (PR) 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 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. 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 IMlinimurn Stalls Required Residential Uses Children's homes 11 per 4 beds, Cluster housing Studio and one bedroom 2 er unit Two and more bedrooms 12 per unit Condominium 46 PLANNING COMMISSION RESOLUTION NO.2828 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 beds, Residential care home 1 per 4 bedsi Agricultural and Animal-Related Uses Stables, boarding 1 per 5 stables, Veterinary facility 3 per 1,000 s .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 pertee3 Golf courses 4 per hole, Pitch and putt 3 per hole, Libraries 2 per 1,000 s . ft. Preschools, nursery schools, and day 2 per 3 employees+ 1 per 8 children nurseries Private clubs, union halls, lodge halls 10 per 1,000 s .ft. Religious institutions 1 per 3 seats, Schools, private 1 per employee plus 1 per 3 students at maximum classroom capacity Skating rinks, ice and roller 10 per 1,000 s . ft., Sports arenas and stadiums 1 per 3 seats or 1 per 18 inches of bench area Swimming pools, commercial 2 per 1,000 s . ft. of pool area, 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 2 or 1 per employee (in the largest shift) + Public utility facilities 1 per vehicle used in conjunction with the use Retail,Service,and Office Uses JAppliance stores 2 per 1,000 s . ft. 47 PLANNING COMMISSION RESOLUTION NO.2828 Use Minimum Stalls Required Banks 3 per 1,000 sq. ft. Drugstores 3 per 1,000 sq. ft. Financial institutions and savings and loan 2 per 1,000 sq. ft. offices Furniture stores 2 per 1,000 sq.ft. Plant nursery with outdoor sales and 2.5 per 1,000 sq. ft. of gross building area dis la 5 excluding greenhouse area Grocery stores 3 per 1,000 sq.ft. Gym, commercial 8 per 1,000 sq.ft.^ Gym, personal studio 4 per 1,000 sq.ft. Health,figure, and exercise salons and 5 per 1,000 sq. ft.^ spas Hotels 1 per guest unit3 2 per 1,000 sq.ft.of floor area + 1 per Lumber yards 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 5+250 sq.ft. of usable and accessible Mortuaries paved parking area for every 25 sq.ft. of assembly room floor area Motels 1.1 per guest unit, Offices 4 per 1,000 sq. ft. Personal services 4 per 1,000 sq. ft. Resort hotels 1.1 per guest unit, Restaurants 8 per 1,000 sq. ft. Retail uses, general 3 per 1,000 sq. ft., Shopping centers, community and regional 4 per 1,000 sq. ft.7 Shopping centers, specialty and district 3 per 1,000 sq. ft., 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 as/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 12 per 1,000 sq. ft. Industrial,Manufacturing,and Processinci Uses Industrial uses, general, 2 per 1,000 sq. ft.s Storage, personal storage facility 6+2 per caretaker unit, Support facilities for construction, Provide as needed renovation, and equipment installations 48 PLANNING COMMISSION RESOLUTION NO.2828 Use Minimum Stalls Required 2 per 3 employees and not less than 1 per 1,000 sq. ft.for the first 20,000 sq. ft.; 1 per Warehouses and storage facilities 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 49 PLANNING COMMISSION RESOLUTION NO.2828 forth by Council resolution. This provision shall apply only to projects in the G- 4-Downtown 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 recorded 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 TitleG4 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 he their 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. 50 PLANNING COMMISSION RESOLUTION NO.2828 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 he heir sole discretion. 3. Except as specified in paragraphs 1 and 2 above, the decision to revoke an entitlement or permit granted pursuant 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 welfare 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 51 PLANNING COMMISSION RESOLUTION NO.2828 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 ZeaiRg n,+., inistFat r(ZA Director—to demonstrate conformity with this title.The DirectorZ-A shall check the application and all data submitted with it and shall issue a use certificate if he er 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 of 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-o;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 shall 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 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, thevhe er-she-shall not issue a use certificate, but shall, at hiser-hertheir option, secure expert professional advice from firms or individuals acceptable to the City as well as the applicant. (Ord. 1293§ 1, 2015) 52 PLANNING COMMISSION RESOLUTION NO.2828 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 use 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 request 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 them 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 er 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 lot or building involved in the proceedings.The failure of any such person to receive such notice shall not affect the validity of any proceedings 53 PLANNING COMMISSION RESOLUTION NO.2828 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 action 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 appointed by the Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting 54 PLANNING COMMISSION RESOLUTION NO.2828 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_-of-fiertheir 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 three 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 the 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 prescribed 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. 55 PLANNING COMMISSION RESOLUTION NO.2828 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 he their possession or under his eF heF heir 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,which 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 hearing 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 during 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- 56 PLANNING COMMISSION RESOLUTION NO.2828 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 deliberate 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 of hef-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 hifn or he-hem to testify. 5. To rebut the evidence against hop ef4erthem. 6. To represent 44P_ef--I�fthemself, or to be represented by anyone of his or heftheir 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 written 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: 57 PLANNING COMMISSION RESOLUTION NO.2828 25.64.020 (Repealed .per SB 234) Large Family nazi Formatted:Not Highlight '`are Use a Dormmtc• A. Purpose. PuF6uant to Galmf0FRia Health and Safety Code SeGt*GR 1597.46,the Gity ely at the state level by the[DepaFtment of Sorial Sewines GaFe home shall be made te the ZA er his GF heF desigRee,who shall speGify the feFFR Of GWR Ghl!dFeR less than 10 ye-Fs ef age. 2. nip mtie.of emple„ees pFoposed to be used as a large family day GaFe hame. 58 PLANNING COMMISSION RESOLUTION NO.2828 deGi6iE)R will be made an the apploGatmOR, the ZA or hl6 9F heF de6igRee shall give n0tiGe of the PFOposed u6e by mail oF deliveFy to all GWRers shown an the last equalized b-ound;;r4QF;of the pFoposed laFge family day Gare home. A GGPY of the notipe. shall Also all of the f0l'OWiRg standard6 and FequiFemeRts are met feet dostaRGe WhiGh may, after a publiG hewing and R9tiGe te the adjaGeRt PFGpeFty ,s ty., hiePA o��;a�. �� i,,Gated OR majoF aFt.,Fial 6tFe is(a6 shown OR the preblern6. 59 PLANNING COMMISSION RESOLUTION NO.2828 t+mes GaFe home OR the Gity. the Health and Safety Gode,the pFopc)sed large family day GaFe heme MUSt GOMply and We Gafety Of Ghildren in family day GaFe homes. (See Title 22 of the California building iRspe_p_AA_.r and fire- FnaF6hal, or their de6igRee6, have fiF6t aR6peGtLQ-d the rep()Ft GGveFiRg these 0666ie6 may be found by the Gity staff to be GUffidei* where Ghildren aFe pFeseRt Single Family ZORing. No use peeFm t 6hal be issued L:Rless� v elliRg „it vu as a laFge family day Gare home. the unu6ed Perfien of the devesi++e then ellaRt In 60 PLANNING COMMISSION RESOLUTION NO.2828 expiFes,WhiGheveF E)GGUFS fiFst, and then its use permit shall be GOn6ideFed null and permit has R9t GOMplied with all of the standaFd6 and requiFements of this GhapteF, the ZA may FequiFe the use peFmit te be reviewed by the Commission at a publiGG additiGRal rea6E)nable 6tandaFd6 and reqUiFemeM6 Gen6i6teRt With state law, based OR findings deFived from te6timeny and evideRGe presented at the publiG hearing. H. New appliGations. F=eIIGW'Rg the denial of a IaFge family day GaFe use permit family day Gare use permit faF the same oF substantially the same bU6'ne6s on the sa oF 6ubstant'a'ly the same site shall be filed With'R eRe year ftem the date Of denial er Gea6e6 W operate for a peFied greateF than 365 GenseGUtive days OF its state IiGense QFdm 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 dwelling. 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 61 PLANNING COMMISSION RESOLUTION NO.2828 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. 62 PLANNING COMMISSION RESOLUTION NO.2828 3. The requested accommodation will not impose an undue financial or administrative burden on the City as"undue financial 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 fair 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 enhance 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. 63 PLANNING COMMISSION RESOLUTION NO.2828 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 environment 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 property 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 64 PLANNING COMMISSION RESOLUTION NO.2828 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 hjsor #eFtheir 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 not defeat the purposes and objectives of this chapter, he s#e hey 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 building 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 65 PLANNING COMMISSION RESOLUTION NO.2828 substituted for the amendment procedure as a means of adding new uses to the 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 information 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 OF he their 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 properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. In order to achieve these purposes,the Commission is empowered to grant or deny applications for conditional use permits for such conditional uses as are prescribed in the district regulations and to impose reasonable conditions upon the granting of conditional use permits subject to the right of appeal to the Council. B. Application requirements.Application for a conditional use permit 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. 66 PLANNING COMMISSION RESOLUTION NO.2828 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. Conditions 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; prescription 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 improvements 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, objectives, 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 67 PLANNING COMMISSION RESOLUTION NO.2828 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 they 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 conditional 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. 68 PLANNING COMMISSION RESOLUTION NO.2828 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 conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the conditional use permit. 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 the 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 h+s er her authorized agent, may file with the Department an application for a change in 69 PLANNING COMMISSION RESOLUTION NO.2828 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 the 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 70 PLANNING COMMISSION RESOLUTION NO.2828 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 proposals 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 the 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 new 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. 71 PLANNING COMMISSION RESOLUTION NO.2828 G. Periodic review. The Director, or hu; or he heir designee, shall review a development agreement every year, at which time the applicant or their his or he 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 regulations, 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 prior 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 granted; thus, owners of condominiums are grantees of units. Each grantee owns a separate interest in h+ser-hertheir unit and an interest as granted in common in common areas. 72 PLANNING COMMISSION RESOLUTION NO.2828 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 Ar he heir occupation or specialty. Zoning Ordinance,this ordinance. The comprehensive Zoning Ordinance of the City. (Ord. 1384§ 2, 2022; Ord. 1366§2, 2021; Ord. 1358§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 25.60.170, is added as follows: 25.60.170 Application Withdrawal Formatted:Level 2,Indent:Left 0.03",Right: -003", Space Before: 18 pt,After: 18 pt Application Withdrawal j Formatted:Font:Not Bold 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 Formatted:Font:Not Bold is otherwise determined by the Director to be inactive for a period of 60 days, then the application will be deemed abandoned and withdrawn. 73 Res. No. 2828 ZOA23-0001 PDMC Final Audit Report 2023-02-24 Created: 2023-02-24 By: Monica O'Reilly(moreilly@cityofpalmdesert.org) Status: Signed Transaction ID: CBJCHBCAABAApItAOdsU5gBuNyEJWvL57-Kslj4UGUGn "Res. No. 2828 ZOA23-0001 PDMC" History "L) Document created by Monica O'Reilly(moreilly@cityofpalmdesert.org) 2023-02-24-1:05:12 AM GMT Document emailed to joseph.pradetto2@gmail.com for signature 2023-02-24-1:06:15 AM GMT ' Email viewed by joseph.pradetto2@gmail.com 2023-02-24-1:36:53 AM GMT Signer joseph.pradetto2@gmail.com entered name at signing as Joseph Pradetto 2023-02-24-6:13:15 PM GMT r.6 Document e-signed by Joseph Pradetto Qoseph.pradetto2@gmail.com) Signature Date:2023-02-24-6:13:17 PM GMT-Time Source:server Agreement completed. 2023-02-24-6:13:17 PM GMT Adobe Acrobat Sign