HomeMy WebLinkAboutZOA23-0001 PDMC TITLE 25 MODIFICATIONS I I y 01 P 0 [ M 0 1 P I
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-25 78
TEL: 760 346—o6i i
info@cityofpalmdesert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
February 23, 2023
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Subject: Consideration of a Recommendation to the City Council to Modify Palm
Desert Municipal Code Title 25 (Zoning)
The Planning Commission of the City of Palm Desert considered your request and took the
following action at its regular meeting on February 21, 2023:
Waived further reading and adopted Planning Commission Resolution No.
2828, approving a recommendation to the City Council for Case No. ZOA23-
0001. The motion carried by a 4-0 vote, with Commissioner DeLuna ABSENT.
Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert,
within 15 days of the date of the decision.
Sincerely,
RICHARD D. CANNONE, AICP, SECRETARY
PALM DESERT PLANNING COMMISSION
cc: File
Building & Safety Division
Fire Marshal
^�PRIXiFU OM RELY(lfU V1Vf R
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 21s' 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.
170,I2& 113-adetto
Jose�radetto(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 s5t my hand and affixed the official seal of the City
of Palm Desert, California, on FebruaryVZ, 2023.
RICHARD D. CANNONE, AICP
SECRETARY
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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 Title and Purpose
A. Title. This title shall be known as the Zoning Ordinance of the City.
B. Relation to the General Plan. The City Council has instituted a comprehensive
planning program in order to ensure that the anticipated growth within the City is
organized, planned, and coordinated in a manner that will not place undue burdens on
the City in its ability to provide urban services and facilities. This planning program has
culminated in the preparation and adoption of a comprehensive General Plan.
C. Role of Zoning Ordinance. Chapter 12 "Work Plan"of the General Plan
recommends implementation strategies to accomplish the goals and objectives found
within that document. In order to accomplish said goals and objectives the orderly
development of the City, and the elimination of haphazard land development, is
required.Among the methods noted is a regulatory Zoning Ordinance to govern the
uses of land and the density and intensity of development.
D. Purpose of Zoning Ordinance.The zoning regulations of the City are adopted to
protect, promote, and enhance the public health, safety, and general welfare, ensuring
that development within the City is related to the City's ability to provide essential urban
services and is consistent with the Palm Desert General Plan. More specifically, these
regulations are adopted to achieve the guiding prinsipalsprinciples 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
priasipalsprinciples of the General Plan. To meet the guiding pr+ncfpalsprinciples
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.
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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. GeFRFRURity Developme4#Develoj)ment 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 arneaitesamenities 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 strarastersi7pdcharacterized 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, "' " 6ymb^'zes uses that requ re
approval of a laFge family day GaFe use per , "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;L= Large
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 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
R R P R N R R 25.34-.030
Dwelling,single-family P I P I P N N P P
Farmworker housing N N N N N N N
Group home P P P N N P P 25.10.040.B
Guest dwelling P P P N N P P
Home-based business P P P P P P P -25.34.020
Junior accessory dwelling unit P P P P P N P 25.34.030
Manufactured home parks N N N N C N N
Planned unit development,residential N N C C N C C 25.10.040.0
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 P P A A P P
Horticulture,private P P P P P P P
Kennel C N N N N N C 25.10.040.D
Livestock raising,noncommercial C N N N N N N
Nursery C N N N N N N
Orchard A N N N N N N
Stable,boarding A N N N N N N 25.10.040.E
Stable,private A I N 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 PL PL PL PL PL 2-9-4-0-440-F-
Day care,small family P P I P P P P P
Institution,educationalz C C I C C C 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 Permitl-urge
Permit;Family Day Care Use C=Conditional Use
Permit;N=Not Permitted
Special
R- R- R- Use
RE 1 R-2 3 1M 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"
homes shall be 10Gated RG GIE)6eF thaR 300 feet in all direGt'GA6 kem anetheF laFge family
garage OF Garper-t. Parking may be 9R street if GORtigUOUS tO propeFty. These may
7 e
be OR file with the Gity at all time&
R. ��L�sen6'Rg. 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.
i1
PLANNING COMMISSION RESOLUTION NO.2828
the Health aAd Cafet..Qn-de the proposed laFge family day n e heme m 4 n my
puF6 17nt to CenKnn 1 G07 AR/ of+he Health anal Cnfety cgdg to n mete the fr
and life safety Of GhildFeR iR IaFge family day GaFe hemes. (See Title 22 of
the GalefGFR'a Code of RegulatiQRS-)
Safety Code, smoking of tebaeeo and ether sabMa Ges whether ,
epeFati9R as a IaFge family day GaFe home with Fe6peGt te the-1.6e areas ef the herne.
cohere nhildren aFe pFesen+
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
is
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-13 _
z1 ac z15,00 z10,00 <10,00 R-2 R-3 R, HPR4 P.R.
MeasuremenVZonin 0 sf 0 sf, 0 sf 1M
g District but
19
PLANNING COMMISSION RESOLUTION NO.2828
50 sf
0
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 1 150' 1 90' 1 90' 70' 1 50' 40' 1 500' 1 - -
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 35%2 60% 1 75%
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
r
t
—• —City Boundary
R-1 and R-2 Parcels within the Palm Desert Country Club
Palm Desert 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 1 2 3 4 SI Provisions
Residential Uses
Caretaker housing N N N N N P 25.16.040.A
Condominium C C C N C C 25.16.040.8
Dwelling,duplex C C C C C C 25.16.040.E
Dwelling,multifamily C C C C C C 25.16.040.E
Dwelling,single-family C C C N C C 25.16.040.B
Group home C C N N C C 25.16.040.8
Single-room occupancies N N N N N C
Homeless shelter N N N N N P
Recreation Resource Preservation Open Space,and Public Ass mbly 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 C C C 25.16.040.0
tower
Commercial parking lot C N N N N N
Public utility installation N N N N N P
Public facility(utilityor service N N N N N P
Utility facility N N C N 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 _UP l�, $ P -ri 25.34.16 `
establishment Formatted:Font:8 pt,Underline,Font color.Red
Adult entertainment N N N N N C 25.16.040.1)
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
Art studio A P P P p C Formatted:Font:8 pt,Underline,Font color.Red
Bed and breakfast N A A A A N Formatted:Font:8 pt,Underline,Font color Red
Business su 0 1 services N N N N P P -
Cannabis retail N C C C C N 2534 120 Formatted: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 3 4 SI Provisions
Cannabis testing and research C N N N N C 2534 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 dub,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 N P P P P
Office,local government P N N N N P
Office,travel agency P P P P P N
Outdoor sales N N A A A A
Personal services N P P P P N
Restaurant A RAI
A P A 25.16.040.E
/H
Retail N P P N
Retail,bulk items N P P N
Spa N P P N
Time-share project N C C N
Veterinary clinics/animal A A N A
hospitals
Pet boardingN A N A
Automobile and Vehicle Uses
Automotive rental agency N N N N rN
P
Automotive gasoline station N N C C C 25.34 090
Automotive service facilityN N C C P 25.34 090
Automotive sales new and used N N N N C
(outdoor/indoor) (outdoor)A
ndoorAutomotive sales of accessory N N N P N
arts and supplies
Vehicle storage facili N N N N N P 25.16.040.1
Industrial,Manufacturing,and
Processing Uses
Cannabis cultivation N N N N N C 25,34.120
Cannabis delivery N N N N N C 25,34.120
Cannabis distribution N N N N N C 25.34.120
Cannabis manufacturing N N N N N C 25.34.120
Industrial planned unit N N N N N P
development
Light industrial and research and N N N N N P
development
Maintenance facility N N N N N P
Pest control facility N N 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 sl 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 f cility N iiiij 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:Font Bold
Formatted:Font.Bold
Sound emanating from industrial properties shall be muffled so as not to become objectionable -
due to intermittence,beat frequency,or shrillness.The measurements of sound shall be measured Formatted:indentl
at the lot lines and shall be measured to decibels with a sound level meter and associated octave
band filter,manufactured according to standards prescribed by the American Standards
Association.Maximum permissible sound pressure levels shall comply with the limits at Table
25.16-32 and the following standards:
Table 25.16-3:Maximum Permitted Decibels
Octave Band in Cycles- 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 1 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 1, 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.
DS. 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-1' I PC-2' 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,
Setbacks2
Front yard,min 12'min,15' — — — 30' 20'
av
Side yard,min 0720'34,7 0720'3.4 0720'34 — 15' 01/10'5
interior/exterior
Street side yard, 12'min, 15' — — — — 10,
min av
Rear yard,min 1 0720134 1 0720'14 1 0'/20'3,a 1 — 20' 0725'5
Coverage
Floor area ratio 0.75 0.5 1.0 1 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
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€(Add tieraal
setbaGk4pSpecial standards within the Office Professional (OPI 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 25.16.040.13
Dwelling,duplex C' C' C P 25.16.040.13
Dwelling,multifamily C' C' C P 25.16.040.8
Dwelling,single-family C' C' C N 25.16.040.E
Group home C' C' C N 25.16.040.E
Junior accessory dwelling unit P P P P 25.34.030
Home-based business P4N P4N P4N P° 25.34.020
Agriculture-Related Uses
Garden,private C' C' N P
Greenhouse,private N N C P
Horticulture,private N N tC P
Recreation,Resources Preservation,Open Space,and Public Assembly Uses
Club,private N N N C
Day care center C' C' N IN
Day care,large family N N N AP 25.10.040.E
Day care,small family N N N P
Institution,educational N N C C
Institution,general N N C C
Institution,religious N N C C
Mechanical or electronic games,<_4 P' P' P N
Mechanical or electronic games,>_5 Cz Cz C N
30
PLANNING COMMISSION RESOLUTION NO.2828
Zone
Land Use D O_ DE 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(ialsudgngincluding small P P P N
antiques)
Grocery store<35,000 SF C' C' N N
Health club,gyms or studios C2 Cz C 2 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 13 P C 25.28.040.C2540..0404.4
Office,local government P' P' P N
Office,neighborhood government N N N C
Office,travel agency P 3' P 3' 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.H
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 I C C' I N I 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.E
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
Est.Uses prohibited along El Paseo facing ground floor frontages.
2 The establishment may be permitted with an administrative use permit but may be
elevated to a conditional use permit at the discretion of the ZA based on parking, traffic,
or other impacts.
3 Office professional uses along El Paseo facing ground floor frontages within the El
Paseo Overlay District may be allowed subject to a Conditional Use Permit per
Section 25.28.040 El Paseo Overlay District.
4 Home Occupation Uses are permitted in residential dwelling units in approved
residential and mixed-use developments.
(Ord. 1358§2, 2020;Ord. 1350A§2, 2019; Ord. 1329§4, 2017; Ord. 1313,2016)
SECTION 10. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.28.060 is hereby amended as follows:
25.28.060 Planned Community Overlay District
A. Purpose and applicability. The Planned Community Overlay district allows for
the Council to establish larger areas for coordinated land use, and master planning
purposes that may include multiple properties. Approval of a Specific Plan Develepmertt
RlaR 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,
his or he an 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
i uwr
E �
E � �
` r.raw
C w..rre�r.
li' �' �ww.u.�w�arrryw.
w...rrra.
r�
(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 hiso;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 tQ F; or less.
iii. One employee may park la+sltaertheir 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: Projectionsb
Maximum Projection into Minimum Setback from
Re uired Setbacks Property Lines
All projections unless otherwise s ecified
39
PLANNING COMMISSION RESOLUTION NO.2828
Front,rear,or street side yard 6'-0" T-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" T-0"
Porches and ste sz
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 stairways' allyards) 4'-0" 3'-0"
Covered patiOS4
Rear yard 8'-01, T-0"
Side yard within 35 feet of rear lot line 5'-01, 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
All projections(unless otherwise specified) Orlel or bay window
:43*=nu x CYrzx
Setback Pro^— Projection Setback Setback
Required: BulklaMe Required Buildable Buildable
Yard Area Area Yard Area Afts Rqw,,, Required Area
Area
Yard Area Yard Area
Front,rear,mside yard Internal side yard Front rear,mside yard Internal side yam
Porches and steps Covered patios
Y r"ux Yrnin' 8rnax 5'rnin 5'rnax
Setback WWT36. Setback
rnax
YardArea: Area Required
Am, Yard Area Arm Yard Area Area
Yard Area
Front,rear,vv side yard Internal side yard Rear yard Side yard(within 3*'v,
rear lot line)
Balconies Open stairways
Project Project. roiect. Proiect.
Vinin
Se,backl Setback Yrnint Setback
Required &AM. Required &M
Required
Yard Area ka Yard Area Area Area
Yard Area Yard Area
Front v,rear yard Interior side yard Street side yam All yards
B Projections over public property in commercial zones. Building projections
into public rights-of-way in commercial zones uho||be regulated by the currently
adopted Uniform Building Code. (Ord. 1259§ 1. 2O13)
SECTION 14` Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.4OO7Oie hereby amended aefollows:
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 nay-shall be subject
to ARC review to efnsure minimalt444 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 shall be Side and Rear Setback Requirements
screened from Lighted courts t
public view and require a fully r.
adjacent property engineered
with a combination lighting plan, o r
of walls,berms,and Sec Chapter r _
L <i landscaping. 2416. ; f'%..��: 10'miur. �
Front A L. _.
4-, /
Standard Requirement-la min.setback with 10'max.
fence height
t _
s,
min
.3 atin
4
Reduced Requirement A-S`min.setback with 4'min.
depression below existing grade
4
S
J t
+9
c n
t�
j\'4 Rear P L. �
10`min.The setback maybe reduced
to 5'if certain requirements are met. Reduced Requirement 8-S'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 JMinimurn Stalls Required
Residential Uses
Children's homes 1 —per 4 beds'
Cluster housing
Studio and one bedroom 2 per 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 bedsi
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 pertee,
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.3
Sports arenas and stadiums 1 per 3 seats or 1 per 18 inches of bench
area
Swimming pools, commercial 2 perl,000 s . ft. of pool area3
Tennis facilities, commercial 3 per court or 1 per 18 inches of bench
area
Theater/auditorium 1 per 3 seats or 1 per 18 inches of bench
area
Utility,Transportation, Public Facility,and Communication Uses
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 12 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
display, 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 unite
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.
Shopping centers, specialty and district 3 per 1,000 sq.ft.7
Automobile and Vehicle Uses
Auto rental agencies 3 per 1,000 sq. ft. of gross rentals
Auto repair/service stations 1 per 1,000 sq. ft.
Auto 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 2 per 1,000 sq. ft.
Industrial,Manufacturing,and
Processing Uses
Industrial uses, general, 2 per 1,000 sq.ft.6
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.
lWholesaling 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 C-
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 er hertheir 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 ZeRiag
AdmiRistrator(Z-A4 Director—to demonstrate conformity with this title. The DirectorZA
shall check the application and all data submitted with it and shall issue a use certificate
if he-Gr-s they 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 4e4g-s4e-14asthey 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 9F 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 ZA-Director is
unable to determine from information submitted by the applicant that a proposed use
will comply with the required conditions for the district in which it is to be located, theyhe
or she shall not issue a use certificate, but shall, at his--er-he+their 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 h4TGf4ieAhem 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 Ja+r�their 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 or her heir
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-eOiertheir possession or
under"Io��hprtheir 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 themhirr er
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 h4n4or-h hem
to testify.
5. To rebut the evidence against horn or herthem.
6. To represent h meR'themself, or to be represented by anyone of h+s
hertheir choice, including an attorney at law,who is lawfully permitted to do so.
F. Appeal to Council. The decision of the board may be appealed to the Council
within 15 days of the date of service of the decision of the board. The Council shall hear
the appeal as soon as practicable. The appeal shall not be de novo, and shall be based
only on the hearing transcript, the evidence presented at the hearing, those matters
officially noticed, and the 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 Day Formatted:N.t Highlight
Care Use Dermmts
v
A. Purpose. Pursuant to GalifOFRia Health and Safety Gode SeGtmOR 1697.46, the Gity
purpese is not to IiGeRse, Gertify, or ethemise regulate the quality and 6afety of day Gare
heimi .hall be made 4n the 7A or his er heF designee who shall s aifi.the farm of
said app"Gatien6 GOnsistent with this seGtion.At a MiRknWn, app"Gation form6 shall
. NuMbe, efemprcT2es.
proposed to be used- I.arge fam"y day GaFe home.
One GOPY ef the assessor's paFGeI map.
58
PLANNING COMMISSION RESOLUTION NO.2828
deGAS'OR will be Fnade en the appliGatiGR,the Z.A.er hks ex her de6ignee shall give R0tiGe
asses-'smeA. t Fell as eWRiRg real pFopepty within -a 3-0-0- foot Fadiu6 of the exterior
D. nenision by the Zoning Administrator. After pF0peF REAGe has been given to
affected property nWRers, the 70 or his or her decigRee shall render a denisien on the
large family day Gare hGme, 66ibjeGt to aR appNGatiGR foF aR eXGeptien te said- 3-0-0--
R Fequ shall net apply te large family day GaFe he es whirh
are already opeFating in the City OR the date thiS GhapteF takes eff4pAt
nfet..prnblepa Recidennec lnnated pen m.ajeFarterial streets (as shnum en the
preblems.
3. ParkiRg. All homes used for large family day Gare faGilitie6 6hall pFevide at
least three automobile parking 6paGe6, no more than one 9f Wh!Gh may be pFevided
ed as a large family day e e hem
e.
59
PLANNING COMMISSION RESOLUTION NO.2828
appliGaRt, and all other operatem if di#erent from the appliGaRt, of the family day
the Health and Safety Gode,the propo6ed large family day Gare heme MuSt Gomply
and life safety Of Ghildren In family day Gare home6. (See Title 22 ef the California
mihero nh4ldtren are present.
as a laFge family day Gare home.
E. Appeal of dee.:cion Thee nlienn+a ether a#ee+ell persen may appeal the
The arneunt of P_elsts; .-;hall be estimated in advanGe by the ZA er de6ignee and the
appellant shall deposit said amount with the Gity before the Gity will PFOGe66 th8 Feq6le6t
droll n y the o n4 of the rJi#eren ne+n the G 4)
60
PLANNING COMMISSION RESOLUTION NO.2828
F. C i a+ien of Permi+ if a lorne family day nave home pn66e6Gipe a uce permit
expiFes,WhiGheveF GGGUFS fiFSt, and then it6 USe permit shall be G9Rsidered null and
1. WpeR determiWatig-.A that the holder of a large family day GaFe home u6e
the ZA m Fequire the use permit to he reviewed by the(`OMM066inp of a publin
2. If the(nmmiccinp rlete4nopeo that the holder has failed in.
a ate.ial way to
Commission may suspend 9F Fevoke the peFmit or may, iR its di6GFetiGR, impose
ad-d-itin—pal reasonable standaFd6 and requiremeRtS Gonsistent with state law, based
GF substantially the same site shall be filed within one year frem the date of deRial oF
of the large family day GaFe w6e permit. (QFd. 1279§§ 16 19, 2015i Ord.
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.
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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.
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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
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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 his-er
hertheir successor in interest to the property to provide documentation that subsequent
occupants are persons with disabilities. Failure to provide such documentation within 10
days of the date of a request by the City shall constitute grounds for discontinuance by
the City of a previously approved reasonable accommodation.
N. Revocation.Any revocation shall be noticed and heard pursuant to the
procedures established in this title.
O. Amendments.A request for changes in conditions of approval of a reasonable
accommodation, or a change to plans that would affect a condition of approval shall be
treated as a new application. The ZA may waive the requirement for a new application if
the changes are minor, do not involve substantial alterations or additions to the plan or
the conditions of approval, and are consistent with the intent of the original approval.
(Ord. 1259§ 1, 2013)
SECTION 25. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.68.030 is hereby amended as follows:
25.68.030 Exceptions to ARC review
A. Minor modifications. When in the opinion of the ZA,the approval of an
application for a minor or insignificant permit does not defeat the purposes and
objectives of this chapter, he�shethey may grant the permit without submitting the
matter to the ARC for its approval, notwithstanding any other provisions of this chapter.
B. Staff's review of a single-family residence. Department staff shall review
applications for the issuance of a 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 h+s af#ertheir 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.
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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-er--hethey 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.
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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 4i=s ���•their property is located, or his
or 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
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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.
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PLANNING COMMISSION RESOLUTION NO.2828
G. Periodic review.The Director, or#+s-ef- e their 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 4i,, --hertheir unit and an interest as granted in common in common areas.
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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 h;s- ;;��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: -0.03",
Space Before: 18 pt,After: 18 lot
Application Withdrawal 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
C; Document emailed to joseph.pradetto2@gmail.com for signature
2023-02-24-1:06:15 AM GMT
'L) Email viewed by joseph.pradetto2@gmail.com
2023-02-24-1:36:53 AM GMT
C< Signer joseph.pradetto2@gmail.com entered name at signing as Joseph Pradetto
2023-02-24-6:13:15 PM GMT
6�6 Document e-signed by Joseph Pradetto (joseph.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
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