HomeMy WebLinkAboutORD 1393ORDINANCE NO. 1393
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING AND UPDATING VARIOUS
SECTIONS OF THE PALM DESERT MUNICIPAL CODE
WHEREAS, the City Palm Desert (“City”) periodically reviews the Palm Desert
Municipal Code (“Municipal Code”) to identify areas that need updating, clarification, and
revisions in accordance with state law; and
WHEREAS, the City Council of the City of Palm Desert desires to enact this
Ordinance to make such updates, clarifications, and revisions to the Municipal Code; and
WHEREAS, all other legal prerequisites to the presentation of this Ordinance have
occurred.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Amendment to Municipal Code. Palm Desert Municipal Code
Chapter 5.91 Abandoned Shopping Carts is amended to read as follows:
“Chapter 5.91 ABANDONED SHOPPING CARTS
5.91.010 Findings and purpose.
5.91.020 Definitions.
5.91.030 Scope.
5.91.040 Authority to enforce chapter.
5.91.050 Prohibition against removal or possession of shopping cart.
5.91.060 Required shopping cart identification.
5.91.070 Shopping cart containment and retrieval by owners.
5.91.080 Impoundment and retrieval of abandoned shopping carts.
5.91.090 Abandoned shopping cart prevention and retrieval plan.
5.91.100 Owner responsibility.
5.91.110 Disposal of carts.
5.91.120 Exemption.
5.91.130 Enforcement and penalties.
Ordinance No. 1393 Page 2
5.91.010 Findings and purpose.
The City of Palm Desert finds that abandoned shopping carts in the city create
potential hazard to the health and safety of the public, interfere with pedestrian and
vehicular traffic, and create a public nuisance. The accumulation of abandoned ca rts on
public and private property tends to create conditions that reduce property values, and
promote blight and deterioration that result in a public nuisance. This chapter is intended
to ensure that measures are taken by the owners of shopping carts to prevent the removal
of the shopping carts from the owner’s premises, to make removal of the cart a violation
of this code, and to facilitate the retrieval of abandoned shopping carts in a manner
consistent with state law.
5.91.020 Definitions.
For purposes of this chapter, the following words and phrases shall have the
meanings set forth below:
“Abandoned shopping cart” means any shopping cart that is left unattended,
discarded, or abandoned upon any public property other than the premises from which
the shopping cart was removed, without the written consent of the shopping cart’s owner.
“City” means the City of Palm Desert or its designated representatives.
“City Manager” shall mean the City Manager of the City of Palm Desert, or
designee.
“Occurrence” means the retrieval or impoundment by the City pursuant to this
chapter of all shopping carts of an owner in a one -day period.
“Owner” means any person who owns or provides shopping carts for use by
customers in connection with the operation of a business.
“Premises” means the entire area owned and utilized by a retail establishment that
provides shopping carts for use by customers, including any parking area or other off -
street area provided by an owner, or shared with other retail establishments, for the us e
by customers for parking automobiles or other vehicles.
“Parking area” means a parking lot or other property provided by a retail
establishment for use by a customer for parking an automobile or other vehicle. In a
multistore complex or shopping center, “parking area” includes the entire parking area
used by or controlled by the complex or center.
“Person” means a natural person or legal entity, however formed, as well as any
trustee, heir, executor, administrator, receiver, or assign, or any combination of such
persons.
“Public property” means the outdoor common area of any building, business
premises, apartment building or complex, or other premises or portion thereof which is
Ordinance No. 1393 Page 3
adjacent to public property, open to the public, and which contains a shoppin g cart or
shopping carts visible at street or ground level from the adjacent public property.
“Retail establishment” with regard to shopping carts, means any business located
in the City which offers or provides shopping carts for the use by customers of such
business regardless of whether such business is advertised or operated as a retail or
wholesale business, and regardless of whether such business is open to the general
public, is a private club or business, or is a membership store.
“Shopping cart” means a basket mounted on wheels or a similar device generally
used by a customer for the purpose of transporting goods of any kind within a retail
established or designated parking or loading area of that business establishment.
Shopping cart also includes a cart used in a coin-operated laundry or dry-cleaning retail
establishment for purposes of transporting clothes and necessary cleaning materials.
5.91.030 Applicability.
This chapter applies to all retail establishments located in the City that pr ovide
shopping carts for customer use and to all shopping carts on and off the premises of retail
establishments within the City.
5.91.040 Administration.
A. The City Manager and any enforcement officer have the authority to
administer and enforce this chapter.
B. The City Manager may adopt supplemental regulations or policies to
implement and interpret this chapter. These regulations or policies must conform with the
purpose of this chapter.
C. To the extent otherwise permitted by law, an enforcement officer may enter
onto any public or private property in the City to retrieve, remove, store, and dispose of
any lost, stolen, or abandoned shopping cart, or any part thereof.
5.91.050 Prohibition against removal or possession of shopping carts.
A. It is unlawful for any person to temporarily or permanently remove a
shopping cart from a business premises without the owner’s prior written consent.
B. It is unlawful for any person to be in possession of a shopping cart that has
been removed from a business premises.
C. Removal or possession of a cart for the purpose of repair, maintenance, or
disposal is exempt from this section.
5.91.060 Required shopping cart identification.
Ordinance No. 1393 Page 4
Pursuant to Section 22435.1 of the Business and Professions Code, every
shopping cart owned or provided by an owner shall have a sign permanently affixed to
the shopping cart that includes the following information:
A. The owner’s name, business address, and phone number.
B. Notice of the procedure to be used for authorized shopp ing cart removal
from the premises.
C. Notice that unauthorized removal of the shopping cart from the premises of
a retail establishment, or the unauthorized possession of the shopping cart, is a violation
of state law and this chapter.
5.91.070 Shopping cart containment and retrieval by owners.
A. Every shopping cart owner must lock or otherwise securely contain all
owner’s shopping carts after business hours in a manner that prevents theft or removal
from the premises. All shopping carts located on the premises of a retail establishment,
other than an establishment open for business twenty-four hours per day, must be
collected at the end of each business day by the owner, employees, or authorized agents
of the retail establishment and be collectively con fined in a secured manner in a
designated shopping cart confinement area on the premises until the commencement of
the next business day.
B. All shopping carts located on the premises of any retail establishment open
for business twenty-four hours per day, other than carts then currently in use by a
customer, must be collected by the owner, employees, or authorized agents of the retail
establishment and returned to a designated cart confinement area on the premises at
least twice per calendar day between th e hours of 12:00 p.m. (noon) and 12:00 a.m.
(midnight) on each day the retail establishment is open for business. This section does
not apply to:
1. Shopping carts located within an enclosed building;
2. Shopping carts removed from the premises of a retail establishment for
purposes of repair or maintenance that are in the possession or custody of the party to
whom removal has been authorized in writing by the shopping cart owner; or
3. Shopping carts being transported by the owner, or an officer, employee, or
authorized agent of the owner, to or from the owner’s business premises.
C. All abandoned shopping carts that are found off premises must be retrieved
as soon as practicable by the owner, or an authorized agent of the owner, including a cart
retrieval service retained by the owner. The city shall notify the owner of an abandoned
shopping cart when such shopping cart is located in a place that can be accessed safely
by the owner. Such notice may be given by telephone, e -mail, or text message to the
owner or owner’s agent designated in the abandoned shopping cart prevention and
retrieval plan, if an approved plan is in place, and shall include the shopping cart’s
Ordinance No. 1393 Page 5
location. Within three business days from the date the owner of the cart is provided with
notice by the city that an abandoned shopping cart of the owner has been located, the
owner or agent shall cause the identified shopping cart(s) to be retrieved.
D. Persons retained to perform shopping cart retrieval services must carry
written authorization f rom the owner to be presented upon request by the City Manager.
Vehicles used by retrieval services must bear conspicuous signs identifying the name of
the shopping cart retrieval service.
5.91.080 Impoundment and retrieval of abandoned shopping carts.
A. The City Manager may immediately retrieve and impound any shopping
cart, in accordance with the provisions outlined in Business and Professions Code section
22435.7.
B. Impoundment Following Three-Day Notice. A shopping cart that has a sign
affixed to it in accordance with the provisions of this chapter and Business and
Professions Code Section 22435.1 may be impounded by the city provided both of the
following conditions are met:
1. The shopping cart is located outside the premises of a retail establishment;
and
2. Except as provided in subsection (C) of this section, the shopping cart is not
retrieved within three (3) business days from the date the owner of the shopping cart, or
the owner’s agent, receives actual notice from the City of the shopping cart’s discovery
and location.
C. Impoundment Without Three-Day Notice. The city may retrieve and
impound any abandoned shopping cart without first giving three (3) business days’ notice
provided:
1. The City Manager provides actual notice to the owner, or the owner’s agent,
of the shopping cart’s impoundment within twenty-four (24) hours following the impound;
2. The notice informs the owner, or the owner’s agent, of the location where
the shopping cart may be claimed;
3. Any shopping cart reclaimed by the owner, or the owner’s agent, within
three (3) business days after the date of actual notice to the owner, or the owner’s agent,
of the impound, must be released and surrendered to the owner, or the owner’s agent, at
no charge, including the waiver of any impound and storage fees or fines which otherwise
would be applicable; and
4. The shopping cart is held at a location that is both: (i) reasonably convenient
to the owner of the shopping cart; and (ii) open for business at least six (6) hours of each
business day.
Ordinance No. 1393 Page 6
D. Immediate Retrieval and Impoundment by City for Impeding Emergency
Services. The City Manager may immediately retrieve and impound any shopping cart
from public or private property if the location of the shoppi ng cart impedes emergency
services.
E. Any cart reclaimed by the owner or their agent within three (3) business
days from the date the owner of the shopping cart, or their agent, is given actual notice
by the city of the shopping cart’s discovery and locat ion, or impoundment, shall not be
deemed an occurrence for purposes of this chapter.
F. The owner of any shopping cart that is not reclaimed within three (3)
business days after the date the owner has been given actual notice by the city of the
shopping cart’s discovery and location, or impoundment, is subject to prosecution or the
imposition of administrative costs, fees, fines, interest and other penalties applicable
under state law and this chapter commencing four (4) business days after the date of
notice.
5.91.090 Abandoned shopping cart prevention and retrieval plan.
A. Approved plan required. Every owner who provides or intends to provide
shopping carts to customers must develop, implement, and comply with the terms and
conditions of an approved abandoned shopping cart prevention and retrieval plan (“plan”)
to prevent unauthorized removal of shopping carts from a premises.
B. Plan contents. At a minimum, the plan shall include the following
requirements:
1. Preliminary information. The name of all owners, the business name,
the physical address where the business is conducted, and the name, address,
and phone number(s) of the on-site and off-site owner, if different. In addition, the
name and contact information of the person, or job title of the pers on, who will be
responsible for accepting all shopping carts retrieved by the City and returned to
the retail establishment during its normal business hours.
2. Cart inventory. A complete list of all shopping carts maintained in or
on the premises.
3. Cart identification. Signs and shopping cart identification must
conform to state law. Owners shall attach an example of the proposed shopping
cart ownership identification sign in conformance with Business and Professions
Code Section 22435.1 and Section 5.91.030 of this chapter.
4. Customer outreach. A description of a community outreach process
under which the owner will cause notice to be provided to customers that the
removal of shopping carts from the premises is prohibited and is a violation of state
and city law. This notice may include, but is not limited to, flyers distributed at the
premises, warnings on shopping bags, signs posted in prominent places near door
and parking lot exists, direct mail, announcements using intercom systems at the
Ordinance No. 1393 Page 7
premises, website or other means demonstrated to be effective to the reasonable
satisfaction of the City Manager.
5. Languages. The information required above must be provided in
English and Spanish or in such other language the City Manager may reasonably
require.
6. Loss Prevention Measures. A description of specific measures that
the owner shall implement to prevent shopping cart removal from the owner’s
premises. These measures may include, but are not limited to, electronic or other
disabling devices on the shopping carts so that they cannot be removed from the
premises, effective management practices, use of courtesy clerks to accompany
customers and return the shopping carts to the store, use of security personnel to
prevent removal, security deposit for use of shopping cart, or other demonstrable
measures acceptable to the City Manager that are likely to prevent shopping cart
removal from the premises. Shopping cart owners must conduct regular
maintenance to ensure disabling devices and/or security deposit sys tems are
working properly. If at any time, a cart owner determines the disabling device
installed in a cart is not working properly, the cart shall be pulled from circulation
until it is repaired. The cart owner shall inspect, test, and repair all abandone d carts
returned to the owner prior to making the returned shopping carts available for use.
7. Employee training. A description of an ongoing training program that
will be implemented by the owner that is designed to educate new and existing employees
on the plan and any conditions contained herein at least annually.
8. Mandatory shopping cart retrieval. A plan for retrieval of abandoned
shopping carts by the owner within three (3) business days after knowing of a cart’s
removal from the owner’s premises or after receiving notice from the City that the
shopping cart has been abandoned.
D. Review and approval of plans. Each plan will be evaluated and must be
approved by the City Manager. The City Manager may deny the plan if the requirements
of this chapter have not been satisfied. If the plan is denied, the City must serve the
applicant with a written notice of denial. The notice must state the reasons for denial to
assist the owner with obtaining plan approval. An owner must submit a revised plan within
fifteen (15) days of receiving a notice of denial. The City Manager may impose conditions
of approval of a plan if he or she determines it to be reasonably necessary to ensure
compliance with the requirements of this chapter. Such conditions may include disabling
devices on all shopping carts used by the business in order to prevent removal o f
shopping carts from the business premises.
E. Plan validity. A plan is valid upon approval and will be reviewed at the time
that the retail establishment’s business license is up for renewal. A plan approved
pursuant to this chapter is valid only as to the owner and approved location, and is
therefore nontransferable to other persons or locations.
Ordinance No. 1393 Page 8
F. Changes to plan. If an owner proposes any change in the operations or
information in an approved plan, the owner must notify the City in writing of any su ch
proposed change, and same must be approved by the City Manager before the change
takes place.
G. Existing owners. Upon adoption of this chapter, owners of existing
businesses subject to the plan requirement must submit a plan for approval within 30
days of receiving notice from the City that such a plan is required.
H. Mandatory loss prevention measures. If a retail establishment has five (5)
or more shopping carts removed without the owner’s written consent within the twelve
(12) month period commencing with the issuance or renewal of a business license, the
City may require the business to obtain and maintain electronic or other disabling devices
on all of owner’s shopping carts at the retail establishment.
Effective thirty days from the date of adoption of the ordinance codified in this
chapter, as a prerequisite to the renewal of a business license for any business providing
shopping carts in the city of Palm Desert, the business must demonstrate that it has had
four (4) or fewer shopping carts removed without the owner’s written consent within the
previous twelve (12) months or that it has installed electronic or other disabling devices
on all shopping carts.
5.91.100 Owner responsibility.
It is the owner’s responsibility to ensure that the business complies with the
abandoned shopping cart prevention and retrieval plan at all times. In construing and
enforcing this chapter and any regulations promulgated under this chapter, the act,
omission, or failure of an agent, officer, representative, or other person acting for or
employed by an owner, within the scope of his or her employment or office, shall in every
case be deemed the act, omission, or failure of the owner.
5.91.110 Disposal of shopping carts.
The City may immediately sell or otherwise dispose of any shopping cart that
meets one of the following conditions:
A. That is not reclaimed from the city within 30 days of notification to the owner,
or the owner’s agent, of the cart’s discovery and location, or impoundment.
B. The owner of the cart cannot be determined for any reason, including if the
cart fails to have the identification required by state law or this chapter.
C. If the cart’s condition renders it unusable.
5.91.120 Exemption.
Any owner may contract with the City for the retrieval of abandoned shopping carts
by entering into a written contract to pay the City’s fees for such service. Any owner that
has a contract with the City to provide for retrieval of abandoned carts, shall be exempt
Ordinance No. 1393 Page 9
from the Loss Prevention Measures requirement in Section 5.91.090(B)(6) of this chapter.
This exemption is valid only if the other provisions of this chapter are complied with by
owner.
5.91.130 Enforcement and penalties.
A. General. When an enforcement officer has determined that a violation of
this chapter exists, the enforcement officer may use the procedures set forth in this
chapter for the abatement of such public nuisance that is being committed on public
property or may utilize any other procedure authorized by law. The remedies, procedures,
and penalties provided by this chapter are cumulative to each other and to any other
available remedy under city, state, or federal law.
B. Violation for failure to retrieve shopping cart.
1. Pursuant to Business and Professions Code Section 22435.7(f), an y
owner that fails to retrieve the owner’s shopping cart(s) within three (3) business
days from the date of being given notice of the cart’s or carts’ discovery and
location, or impoundment, by the City, is guilty of a violation of this chapter and
may be punished by administrative fine of fifty dollars ($50) for each occurrence in
excess of three (3) during a six month period.
2. In addition to the fines imposed above the owner shall pay the City’s
actual costs for retrieving and storing the owner’s shopping cart(s) within three (3)
business days from being given notice of the shopping cart’s or carts’ discovery
and location, or impoundment, by the City, in which case, all fines, costs and fees
shall be waived.
C. Other violations. Notwithstanding the fines and costs authorized by
Business and Professions Code section 22435.7(f), when an enforcement officer
determines where is a violation of the provisions of this chapter, he or she is authorized
to issue a notice of violation or an administrative citation to the responsible party pursuant
to Chapter 8.81 (Administrative Citations) of this code. Nothing in this section shall
preclude the city from also issuing an infraction citation upon the occurrence of the same
offense on the same day to any responsible party. Unless otherwise provided herein, any
person who fails to comply with a notice of violation shall be subject to a fifty dollar ($50)
administrative fine. Unless otherwise provided herein, any person who fails to comply
with: (1) a first administrative citation or second violation of the same code section within
thirty six (36) months shall be subject to a one hundred dollar ($100) administrative fine;
(2) a second administrative citation, third or additional violations of the same code section
within thirty six (36) months shall be subject to a two hundred fifty dollar ($250) fine; (3) a
third administrative citation shall be subject to a two hundred fifty dollar ($250)
administrative fine per violation per day.
D. When an enforcement officer determines there is a violation of the
provisions of this chapter, he or she may issue an infraction citation pursuant to the
provisions set forth in Chapter 1.08 (Citations for Code Violations) including, but not
Ordinance No. 1393 Page 10
limited to, the imposition of any and all criminal penalties set forth therein if there is any
violation of this chapter committed, caused or maintained by any responsible party.
E. The City Attorney is authorized to bring a civil or equitable action, at his or
her discretion, to seek the abatement of any violation of this chapter.”
SECTION 2. Amendment to Municipal Code. Palm Desert Municipal Code Section
5.101.110 Regulatory permit suspension and revocation of Chapter 5.101 Commercial
Cannabis Business Regulatory Permits is amended to read as follows:
“5.101.110 Regulatory permit suspension and revocation.
The city manager may suspend, modify, or revoke a regulatory permit issued
pursuant to the provisions of this chapter for any of the following reasons:
A. One or more of the circumstances upon which a regulatory permit could
be denied exists or has occurred;
B. One or more conditions of the regulatory permit has been violated; or
C. The permittee, its owners, officers, directors, pa rtners, agents, or other
persons vested with the authority to manage or direct the affairs of the business have
violated any provision of this code or state law.”
SECTION 3. Amendment to Municipal Code. Palm Desert Municipal Code Section
10.48.200 Diagonal parking of Chapter 10.48 Stopping, Standing and Parking is amended
to read as follows:
“10.48.200 Diagonal parking.
A. On any of the streets or portions of streets established by resolution of the
council as diagonal parking zones, when signs or pavement markings are in place
indicating such diagonal parking, it is unlawful for the operator of any vehicle to park the
vehicle except:
1. At the angle to the curb indicated by signs or pavement markings allotting
space to parked vehicles and entirely within the limits of the allotted space;
2. With the front wheel nearest the curb within six inches of the curb.
B. It is unlawful to park any oversize vehicle within diagonally marked spaces
at any time when the length of the vehicle creates an obstruction to the normal flow of
traffic, or which causes a reduction in the width of the normally traveled porti on of the
roadway. For the purposes of this section only, an oversize vehicle shall be defined as
any vehicle that exceeds the dimensions of a marked parking space due to its length
and/or width.
Ordinance No. 1393 Page 11
C. The provisions of this section shall not apply when such vehicle is actually
engaged in the process of loading or unloading passengers, freight or goods, in which
event the provisions applicable in Section 10.48.190 shall be complied with.”
SECTION 4. Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code section 25.02.010 is amended to read 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 principles 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
principles of the General Plan. To meet the guiding principles development proposals
will be reviewed for their focus on: human-scale design, liveliness of centers,
complete streets, accessibility and connectivity, and quality of open spaces.
2. Foster a harmonious, convenient, workable and connected relationship among
land uses.
3. Ensure that public and private lands ultimately are used for the purposes which
are most appropriate and most beneficial to the City as a whole.
4. Provide population densities that support and encourage pedestrian activities
such as walking and bicycling; that are connected to, and in proximity of, civic and
education uses, open spaces, and commercial and employment opportunities.
Ordinance No. 1393 Page 12
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.”
SECTION 5. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.02.050 is amended to read 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
6. City Council = Council
7. Development Services Department = Department
Ordinance No. 1393 Page 13
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, an d
plural numbers include the singular unless the natural construction of the word
indicates otherwise.
3. Conjunctions. “And” indicates that all connected items or provisions shall apply.
“Or” indicates that the connected items or provisions may apply singly or in any
combination. “Either…or” indicates that the connected items and provisions shall
apply singly but not in combination. “Includes” and “including” shall mean “including,
but not limited to.”
4. Number of Days. Whenever a number of days are specified in this code, or in
any entitlement, condition of approval or notice issued or given as provided in this
code, the number of days shall be construed as calendar days, unless business days
are specified. Time limits will extend to the following business day when the last of
the specified number of days falls on a day that the City is not open for business.
C. Minimum Requirements. All provisions of this code are considered to be minimum
requirements, unless specifically stated otherwise.
D. Calculations—Rounding. Where any provision of this code requires calculation to
determine applicable requirements, any fractional/decimal results of the calculation shall
be rounded to the nearest whole number (0.5 or more is rounded up, less than 0 .5 is
rounded down).
E. Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a
use or other item is not listed, it is not permitted unless the use is determined to be similar
to a listed use or use category.
F. Zone Boundaries. Where uncertainty exists as to the boundaries of any districts
shown on the official zoning map, the rules established under Section 25.04.030 (Zoning
Map) apply.
G. Consistency of Text and Diagrams. Diagrams are provided within this code to
illustrate the requirements of the zoning code’s text. In the event of conflict between the
text of this code and provided diagrams, the text shall dete rmine 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.”
Ordinance No. 1393 Page 14
SECTION 6. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.10.020 is amended to read 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-1M). This district provides for
the permanent placement and occupancy of single family dwelling units, factory built or
manufactured dwelling units and mobile homes for residential purposes on purchased,
rented or leased lots. The district is characterized as having moderated density (4.0—7.0
du/ac) focused around community space and amenities with walkable streetscapes.
C. Single-Family Residential District (R-1). The intent of this district is to encourage
the preservation and development of traditional residential 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. Ne ighborhoods
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 a variety
of plazas and other pedestrian amenities 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.
Ordinance No. 1393 Page 15
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 characterized as providing for the optimum inte gration of urban and natural
amenities within developments and is organized around formal, walkable, and highly
connected streetscapes.”
SECTION 7. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.10.030 is amended to read 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 s ection
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, , “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 determina tion as
outlined in Section 25.72.020 (Use Determinations).
Table 25.10-1: Use Matrix for Residential Districts
Residential Zoning District
(P=Permitted; A=Administrative Use Permit\;
C=Conditional Use Permit; N=Not Permitted)
RE R-1 R-2 R-3
R-
1M HPR PR
Special Use
Provisions
Residential Uses
Assisted living N C C C N N C
Accessory dwelling unit P P P P P N P 25.34.030
Condominium N N C C N N C
Dwelling, duplex N N P P N N N
Dwelling, multifamily N N P P N N C 25.10.040.A
Dwelling, second P P P P N P P
Dwelling, single-family P P P N N P P
Farmworker housing N N N N N N N
Group home P P P N N P P 25.10.040.B
Guest dwelling P P P N N P P
Home-based business P P P P P P P 25.34.020
Junior accessory dwelling unit P P P P P N P 25.34.030
Manufactured home parks N N N N C N N
Planned unit development, residential N N C C N C C 25.10.040.C
Ordinance No. 1393 Page 16
Residential Zoning District
(P=Permitted; A=Administrative Use Permit\;
C=Conditional Use Permit; N=Not Permitted)
RE R-1 R-2 R-3
R-
1M HPR PR
Special Use
Provisions
Transitional and supportive housing see Note 1
Agriculture-Related Uses
Apiary P P P N N P P 25.34.170
Botanical conservatory A N N N N N N
Crops and horticulture, limited A N N N N N N
Domestic animals P P P P P P P
Garden, private P P P P P P P
Greenhouse, commercial C N N N N N N
Greenhouse, private P P P A A P P
Horticulture, private P P P P P P P
Kennel C N N N N N C 25.10.040.D
Livestock raising, noncommercial C N N N N N N
Nursery C N N N N N N
Orchard A N N N N N N
Stable, boarding A N N N N N N 25.10.040.E
Stable, private A N N N N N N 25.10.040.E
Recreation, Resource Preservation, Open Space, and Public
Assembly Uses
Cemetery N N N N N N C
Community facility N N N N N N C
Club, private N N C C N N C
Crematory N N N N N N N
Day care, large family P P P P P P P
Day care, small family P P P P P P P
Institution, educational2 C C C C C N C
Institution, general2 N N N C N N C
Institution, religious C C C C N N C
Public park P P P P P P P
Recreational use, commercial N N N N N N C 25.10.040.G
Recreational vehicle park N N N N C N C
Recreation facility, commercial N N N N N N N
Recreation facility, incidental C C C C C N C 25.10.040.H
Recreation facility, private P N N P P N P
Recreation facility, public C C C C C N C
Utility, Transportation, Public Facility, and
Communication Uses
Electric substation N N N N N N N
Fire station C C C C N N C
Public service facility C C C C C N N
Public utility C C C C C N N
Utility facility N N N N N N C
Retail, Service, and Office Uses
Bed and breakfast C N N C N N N
Commercial parking lot N C N C N N N 25.10.040.I
Condominium hotel, converted N N C C N N C
Hospital N N C C N N C
Ordinance No. 1393 Page 17
Residential Zoning District
(P=Permitted; A=Administrative Use Permit\;
C=Conditional Use Permit; N=Not Permitted)
RE R-1 R-2 R-3
R-
1M HPR PR
Special Use
Provisions
Hotel N N N C N N C 25.10.040.J
Neighborhood government office N N C C N N N 25.10.040.K
Office parking lot N C C C N N N 25.10.040.L
Professional office N N C C N N N 25.10.040.M
Resort hotel N N N C N N C 25.10.040.J
Timeshares N N N N N N C
Temporary Uses See Section 25.34.080
Notes:
1. Transitional and supportive housing shall be subject to only those restrictions that
apply to other residential uses of the same type in the same zone.
2. Trade schools are not permitted.”
SECTION 8. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.10.040 is amended to read 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):
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 o r 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
Ordinance No. 1393 Page 18
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.
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. 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.
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.
Ordinance No. 1393 Page 19
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.”
SECTION 9. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.10.050 is amended to read 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.
Ordinance No. 1393 Page 20
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.
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 owne r 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.
Ordinance No. 1393 Page 21
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 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 wit h 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
Ordinance No. 1393 Page 22
unique land development techniques will be given reasonable consideration for
approval and to provide the city with assurances that the completed project will
contain the character envisioned at the time of approval.
2. Filing Procedure. To initiate the review process, the applicant shall file
applications for a change of zone (if needed) to a PR district along with a precise
plan, tentative tract/parcel map and supporting environmental documentation.
3. Maximum Project Densities. The maximum project density shall be as
expressed in dwelling units per gross acre of not more than the number following the
zoning symbol PR. The council shall determine the densities to be allowed within
each PR district at the time the involved properties are rezoned and as designated
on the zoning map within the following range: one to 40 dwelling units maximum per
average gross acre. The density designation shall mean dwelling units per average
gross acre. For example, PR-7 means a planned residential development with 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 th e 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
Ordinance No. 1393 Page 23
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 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 ac re 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-
Ordinance No. 1393 Page 24
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.
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 privat e 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;
Ordinance No. 1393 Page 25
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;
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
Ordinance No. 1393 Page 26
district shall comply with the development plan as approved and adopted by the
commission/council.
Table 25.10-3: Residential Zoning District Development Standards
Measurement/Zonin
g District
RE3 R-13
R-2 R-3 R-
1M1 HPR4 P.R.
5
≥1 ac ≥15,00
0 sf
≥10,00
0 sf,
but
≤15,00
0 sf
<10,00
0 sf
Residential Density
Density (du/ac), min
– max
1 - 2 2 - 3 3 - 4 5 - 8 3 - 10 7 -
40
7 1/5 ac 4 -
40
Lot Dimensions
Lot size, min 40,00
0 sf
15,000
sf
10,000
sf
8,000
sf
3,500
sf
3,00
0 sf
20
ac /
5,00
0 sf
– –
Lot size, max 1 ac No max 14,999
sf
9,999
sf
No
max
No
max
No
max
– –
Lot width, min 150′ 90′ 90′ 70′ 50′ 40′ 500′ – –
Lot depth, min 200′ 125′ 100′ – - - – – –
Setbacks
Front yard, min 30′ 25′ 20′ 20′ 12′ 10′ 20′ /
5′
– –
Side yard, min 15′ 15′ 8′ 5′ 6 5′ 8′ 10′ /
5′
– –
Combined both
sides, min
30′ 30′ 20′ 10′ 6 10′ 10′ – – –
Street side yard, min 30′ 15′ 10′ 10′ 10′ 10′ 20′ /
–
– –
Rear yard, min 50′ 20′ 20′ 15′ 15′ 10′ 10′ /
5′
– –
Residential
accessory structures
See Section 25.40.050 (Accessory Buildings and Structures)
Coverage
Lot coverage, max
percentage of lot
area
30% 35%2 35%2 35%2 60% 75% – 10% 50%
Building
Measurements
Height, max 15′
(18′
ARC)7
15′ (18′
ARC)7
15′ (18′
ARC)7
15′ (18′
ARC)
15′
(30′
ARC)
8
40′ 18′ _ 40′
Number of stories,
max
1 1 1 1 2 3 1 1 3
Dwelling unit size,
min
1,500
sf
1,250
sf
1,000
sf
1,000
sf
600 sf 450
sf
– – –
Ordinance No. 1393 Page 27
Dwelling unit size,
max
– – – – 4,000
sf
4,00
0 sf
– 4,000
sf
–
Site area per
dwelling unit, min
– – – – 4,000
sf
2,50
0 sf
– – –
Building pad area,
max
– – – – – – – 10,00
0 sf
–
Open Space
Group usable open
space per dwelling
unit, min
– – – – – 300
sf
– – –
Notes
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 Deve lopment 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
Ordinance No. 1393 Page 28
”
SECTION 10. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.16.030 is amended to read 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 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).
Ordinance No. 1393 Page 29
Table 25.16-1: Use Matrix for Commercial and Industrial Districts
Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit; C=Conditional
Use Permit; N=Not Permitted)
OP PC-1
PC-
2
PC-
3
PC-
4 SI
Special Use
Provisions
Residential Uses
Caretaker housing N N N N N P 25.16.040.A
Condominium C C C N C C 25.16.040.B
Dwelling, duplex C C C C C C 25.16.040.B
Dwelling, multifamily C C C C C C 25.16.040.B
Dwelling, single-family C C C N C C 25.16.040.B
Group home C C N N C C 25.16.040.B
Single-room occupancies N N N N N C
Homeless shelter N N N N N P
Recreation, Resource Preservation, Open Space, and Public Assembly Uses
Amusement facility, indoors N N C C C N
Amusement facility, outdoors N N N C C N
Community facility N N N N N P
Day care center N A A A A N
Emergency shelters N P N N N P
Entertainment facility, indoor N N N P P N
Entertainment facility, outdoor N N N P P N
Institution, educational C C C N N C
Institution, general C N C N N C
Institution, religious C N C N N C
Open space (developed or
natural)
N P P N P N
Recreation facility, commercial N N P P P N
Recreation facility, private N N N P P N
Theater/auditorium N N P P N N
Utility, Transportation, Public Facility, and Communication Uses
Commercial communication
tower
C C C C C C 25.16.040.C
Commercial parking lot C N N N N N
Public utility installation N N N N N P
Public facility (utility or service) N N N N N P
Utility facility N N C N N P
Retail, Service, and Office Uses
Accessory massage
establishment
P N P P P N 25.34.160
Adult entertainment N N N N N C 25.16.040.D
Ancillary commercial A P P P N A 25.16.040.E
Art gallery A P P P P C
Art studio A P P P P C
Bed and breakfast N A A A A N
Business support services N N N N P P
Cannabis retail N C C C C N 25.34.120
Cannabis testing and research
laboratory
C N N N N C 25.34.120
Convention and visitors bureau N N P N P N
Drugstore N P P P N N
Financial institution C P P P N N
Grocery store N P P P N N 25.16.040.F
Health club, gyms or studios N A P P P A
Hotel N A A A P N 25.34.070
Ordinance No. 1393 Page 30
Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit; C=Conditional
Use Permit; N=Not Permitted)
OP PC-1
PC-
2
PC-
3
PC-
4 SI
Special Use
Provisions
Independent stand-alone
massage
N N P P N N 25.34.160
Liquor store N P P P N N
Liquor, beverage and food items
shop
N P P P P N
Medical, clinic P N P P N N
Medical, office P P P P N N
Medical, hospital N N N N N C
Medical, laboratory P N N N N P
Medical office, accessory N N N N N P 25.16.040.G
Medical, research facility P P N N N C
Mortuary N N N N N P
Office, professional P N P P P P
Office, local government P N N N N P
Office, travel agency P P P P P N
Outdoor sales N N A A A A
Personal services N P P P P N
Restaurant A A A A P A 25.16.040.E
/ H
Retail N P P P P N
Retail, bulky items N N N P P N
Spa N N P P P N
Time-share project N N N C C N
Veterinary clinics/animal
hospitals
A N A A N A
Pet boarding N A A A N A
Automobile and Vehicle Uses
Automotive rental agency N N N N P P
Automotive gasoline station N N C C N C 25.34.090
Automotive service facility N N C C N P 25.34.090
Automotive sales new and used
(outdoor/indoor)
N N N N N C
(outdoor) A
(indoor)
Automotive sales of accessory
parts and supplies
N N N P P N
Vehicle storage facility N N N N N P 25.16.040.I
Industrial, Manufacturing, and
Processing Uses
Cannabis cultivation N N N N N C 25.34.120
Cannabis delivery N N N N N C 25.34.120
Cannabis distribution N N N N N C 25.34.120
Cannabis manufacturing N N N N N C 25.34.120
Industrial planned unit
development
N N N N N P
Light industrial and research
and development
N N N N N P
Maintenance facility N N N N N P
Pest control facility N N N N N P
Preparation of foodstuffs N N N N N P
Production of home and office
decor accessories
N N N N N P
Warehouse or storage facility N N N N N P
Temporary Uses See Section 25.34.080
Ordinance No. 1393 Page 31
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.”
SECTION 11. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.16.050 is amended to read as follows:
“25.16.050 Development Standards
The development standards included in Table 25.16-5 (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
25.16-5 (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 25.16-5 (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.
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.
Ordinance No. 1393 Page 32
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) District. Sound emanating from
industrial properties shall be muffled so as not to become objectionable due to
intermittence, beat frequency, or shrillness. The measurements of sound shall be
measured at the lot lines and shall be measured to decibels with a sound level meter and
associated octave band filter, manufactured according to standards prescribed by the
American Standards Association. Maximum permissible sound pressure levels shall
comply with the limits at Table 25.16-3 and the following standards:
Table 25.16-3: Maximum Permitted Decibels
Octave Band in Cycles-Second
(decibels)
Adjacent Residential District
Boundaries (decibels)
Lot Line of Use in the SI Zone
(decibels)
0–75 72 79
76–150 59 74
151–300 52 66
301–600 46 59
601–1200 42 53
1201–2400 39 47
2401–4800 34 41
Above 4800 32 39
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 sid e
yards.
Ordinance No. 1393 Page 33
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 arra nged as
to prevent glare or direct illumination on streets or adjoining property.
7. Unless specific additional uses are permitted by the certificate of occupancy,
the use of radioactive materials within the SI district shall be limited to measuring,
gauging and calibration devices, as tracer elements, in x-ray and like apparatus, and
in connection with the processing and preservation of foods. In no event shall
radioactivity, when measured at each lot line, be in excess of 2.7 x 10-11 micro curies
per milliliter of air at any moment of time.
8. Electrical and electronic devices and equipment shall be suitably wired,
shielded, and controlled so that in operation they shall not, beyond the lot lines, emit
any electrical impulses or waves which will adversely affect the operation and control
of any other electrical or electronic devices and equipment.
D. Special standards within the Office Professional (OP) district.
1. When adjacent to single-story residential, the rear and exterior side yard
setbacks shall be increased by 6.43 feet for each foot of building height above 18
feet up to 25 feet tall. See table below:
Table 25.16-4: Additional Setback in OP District
Height Setback Distance
19 feet 26.43 feet
20 feet 32.86 feet
21 feet 39.29 feet
22 feet 45.72 feet
23 feet 52.15 feet
24 feet 58.58 feet
25 feet 65 feet
2. Second-story windows: Second-story windows are allowed to face adjacent
single-story residential zones with sufficient screening; either with landscaping or
another method as approved through the precise plan process.
Table 25.16-5: Commercial and Industrial District Development Standards
Commercial/Industrial District
OP PC-11 PC-21 PC-31 PC-41 SI
Ordinance No. 1393 Page 34
Lot Dimensions
Lot size, min 15,000 sf 3 ac 5 ac 30 ac 4 ac 20,000 sf
Lot size, max None 10 ac 20 ac None None None
Lot width, min 70′ None None None No min 100′
Lot depth, min 140′ None None None No min 100′
Setbacks2
Front yard, min 12′ min, 15′
avg
– – – 30′ 20′
Side yard, min
(interior/exterior) 0′/20′ 3,4,7 0′/20′ 3,4 0′/20′ 3,4 – 15′ 0′/10′ 5
Street side yard,
min
12′ min, 15′
avg
– – – – 10′
Rear yard, min 0′/20′ 3,4 0′/20′ 3,4 0′/20′ 3,4 – 20′ 0′/25′ 5
Coverage
Floor area ratio 0.75 0.5 1.0 1.0 0.10 0.75
Residential density
range (mixed-use) 10.0 10.0 – 15.0 10.0 – 15.0 10.0 – 15.0 10.0 -
Building Measurements
Height, max
(single-use)
40′, 3
stories
35′, 2
stories
35′, 2
stories
35′, 2
stories
55′, 4
stories
40′, 3
stories
Height, max
(mixed-use)
40 40 40 40 55 -
No. of stories
(mixed-use)
3 3 3 3 4 -
Building size, max8 – 10,000 sf 30,000 sf – – –
Landscaping
Required
landscaping, min
percentage of lot
area
15% 15% 15% 20% 20%9 –
Depth of
landscaping in
street setback
area, min
10′ 10′ 20′ 30′ 10′ –
Notes:
1. Development standards may be modified through the precise plan process as
specified in Section 25.72.030.
2. See Section 25.16.050.A (Special setback requirements).
3. When an OP, PC-1 or PC-2 zone is adjacent to a commercially or industrially zoned
property, the setback is 0.
4. When an PC-1, or PC-2 zone is adjacent to a residentially zoned property, the
minimum required setback for a commercial structure or a joint use commercial and
residential structure is equal to the building’s height.
Ordinance No. 1393 Page 35
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 (Special
standards within the Office Professional (OP) district).
8. This standard refers to the maximum area for any single commercial enterprise.
9. For hotels, a minimum of 25 percent of the site area must be usable landscaped
open space and outdoor living and recreation area with an adequate irrigation system.”
SECTION 12. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.18.040 is amended to read as follows:
“25.18.040 Land Use and Permit Requirements
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
Land Use
Zone Special Use
Provisions D D-O DE DE-
O
Residential Uses
Accessory dwelling unit P P P P 25.34.030
Assisted Living N N N C
Condominium C 1 C 1 C C 25.16.040.B
Ordinance No. 1393 Page 36
Land Use
Zone Special Use
Provisions D D-O DE DE-
O
Dwelling, duplex C 1 C 1 C P 25.16.040.B
Dwelling, multifamily C 1 C 1 C P 25.16.040.B
Dwelling, single-family C 1 C 1 C N 25.16.040.B
Group home C 1 C 1 C N 25.16.040.B
Junior accessory dwelling unit P P P P 25.34.030
Home-based business P4 P4 P4 P4 25.34.020
Agriculture-Related Uses
Garden, private C 1 C 1 N P
Greenhouse, private N N C P
Horticulture, private N N C P
Recreation, Resources Preservation, Open Space, and Public Assembly Uses
Club, private N N N C
Day care center C 1 C 1 N N
Day care, large family N N N P 25.10.040.F
Day care, small family N N N P
Institution, educational N N C C
Institution, general N N C C
Institution, religious N N C C
Mechanical or electronic games, ≤ 4 P 1 P 1 P N
Mechanical or electronic games, ≥ 5 C 1, 2 C 1, 2 C N
Recreational facility, incidental N N N C 25.10.040.H
Recreation facility, private N N N P
Recreation facility, public N N N C
Retail, Service, and Office Uses
Accessory massage establishments P P P N 25.34.160
Ancillary commercial N N A N 25.16.040.E
Art gallery P P P A
Art studio P 1 P 1 A A
Book and card shops P P N N
Bed and breakfast N N C C
Cannabis retail C N C N 25.34.120
Cannabis testing and research laboratory C N N N 25.34.120
Clothing and apparel shops P P P N
Convention and visitors bureau P 1 P 1 C N
Drugstore P 1 P 1 N N
Financial institution P 1 P 1 C N
Furniture stores and home furnishings P P P N
Gift and accessories boutiques (including small antiques) P P P N
Grocery store < 35,000 SF C 1 C 1 N N
Health club, gyms or studios C 1 , 2 C 1 , 2 C 2 N
Hotel C C C C
Independent stand-alone massage establishments P 1 P 1 C N 25.34.160
Jewelry shops P P P N
Ordinance No. 1393 Page 37
Land Use
Zone Special Use
Provisions D D-O DE DE-
O
Liquor store P 1 P 1 N N
Liquor, beverage and food items shop P 1 P 1 N N
Luggage shops P P P N
Medical, clinic P 1 P 1 P N
Medical, office P 1 P 1 P N
Medical, hospital P 1 P 1 C C
Medical, laboratory N N P N
Mortuary C 1 C 1 N N
Office, professional P 3 P 3 P C 25.28.040.C
Office, local government P 1 P 1 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 1 A 1 A N
Personal services P P P N
Restaurant C 2 C 2 C 1 N 25.16.040.H
Retail P P P N
Retail, bulky items P 1 P 1 C N
Spa P P P C
Sundries shops (general merchandise) P P P N
Time-share project C 1 C 1 N N
Utility, Transportation, Public Facility, and Communication Uses
Fire station C C C C
Commercial communication tower
C C C
Commercial parking lot P P C C 25.10.040.I
Office parking lot N N N C 25.10.040.L
Public service facility N N N C
Utility facility N N N C
Utility installation C C N N
Automobile and Vehicle Uses
Automotive rental agency P P C N
Automotive service station C C N N
Temporary Uses See Section 25.34.080
1 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.”
Ordinance No. 1393 Page 38
SECTION 13. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.28.060 is amended to read 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 as outlined in
Section 25.78.080 is required for approval of a development in the Planned Community
Overlay district.
B. Requirements.
1. Site area. A minimum of 100 acres shall be required for a planned community
development.
2. Master plan required. Any application for a planned community overlay zone
shall be accompanied by a master plan for the entire area covered by the application.
3. Ownership. All land in a proposed overlay zone shall be held in one ownership
or under unified control or have the written consent or agreement of all owners of
property proposed for inclusion in the overlay zone.
4. Utilities. The existing utilities systems (water, sewer, drainage, electrical, gas,
and communications facilities) shall be adequate, or new systems designed and
constructed to adequately serve the development. Master plans for utility systems
may be required along with the application for the planned community overlay zone
if determined necessary by the Director.
C. Application. An application for an overlay zone shall be submitted by the owner, 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 reco mmendation 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.
Ordinance No. 1393 Page 39
3. Planned community development applications shall be forwarded along with
the community master plan to the Council. The Council shall hold a public hearing
and either approve, conditionally approve, or deny the community master plan. The
decision of the Council shall be final.
E. Termination of overlay zone.
1. The overlay zone and any master plan or other material approved as a part
thereof shall become null and void if the physical development of the district is not
commenced within two years from date of adoption of the resolution establishing t he
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.”
SECTION 14. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.28.120 is amended to read 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 25.28-1.
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
Ordinance No. 1393 Page 40
SECTION 15. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.34.020 is amended to read 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.
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 -
Ordinance No. 1393 Page 41
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 med ical
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.
i. The permit applicant shall be the individual who conducts the cottage food
operation from 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.
Ordinance No. 1393 Page 42
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 th e 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 or less.
iii. One employee may park their vehicle on the subject property for the
purpose of driving a commercial vehicle to a remote job site.
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 an d value of a
residential neighborhood. These specified uses shall not be permitted as home -based
businesses:
Ordinance No. 1393 Page 43
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.
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.
Ordinance No. 1393 Page 44
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 o r 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.”
SECTION 16. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.40.030 is amended to read as follows:
“25.40.030 Projections into Required Setbacks
A. Architectural projections including eaves, awnings, louvers, and similar shading
devices; sills, belt courses, cornices, and similar features; and flues and chimneys may
project into required yard areas as identified in Table 25.40 -1 (Projections).
Table 25.40-1: Projections6
Maximum Projection into
Required Setbacks
Minimum Setback from
Property Lines
All projections (unless otherwise specified)
- Front, rear, or street side yard 6′-0″ 3′-0″
- Internal side yard 2′-0″ 3′-0″
Oriel or bay window1
- Front, rear, or street side yard 3′-0″ 3′-0″
- Internal side yard 2′-0″ 3′-0″
Porches and steps2
- Front, rear, or street side yard 6′-0″ 3′-0″
- Internal side yard 2′-0″ 3′-0″
Balconies (over 6′-0″ above ground)
- Front or rear yard 6′-0″ 5′-0″
Ordinance No. 1393 Page 45
- Internal side yard 5′-0″ 5′-0″
- Street side yard 5′-0″ 3′-0″
Open stairways3 (all yards) 4′-0″ 3′-0″
Covered patios4
- Rear yard 8′-0″ 3′-0″
- Side yard (within 35 feet of rear lot line) 5′-0″ 5′-0″
- Maximum coverage of rear yard 50%
Underground structure5 No limit 5′-0″
Notes:
1. Limited to a maximum width of 10′-0″ or 50% of façade length, whichever is greater.
2. No roof. The railing height from ground level (measured at property line) to the top
of the railing cannot exceed 6′-0″.
3. Open, unenclosed fire escapes and fireproof outside stairways.
4. Attached to a main structure only. If detached, the patio cover is considered an
accessory structure.
5. Maximum height of any underground structure from grade (at property line) is 2′-0″.
6. All portions of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units
shall comply with the minimum required setbacks established under Section 25.34.030.
Figure 25.40-5: Projections into Required Setbacks
Ordinance No. 1393 Page 46
B. Projections over public property in commercial zones. Building projections into
public rights-of-way in commercial zones shall be regulated by the currently adopted
Uniform Building Code.”
SECTION 17. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.40.070 is amended to read as follows:
Ordinance No. 1393 Page 47
“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 include s 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 shall be subject to
ARC review to ensure minimal 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
Ordinance No. 1393 Page 48
”
SECTION 18. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.40.090 is amended to read 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.
Screening of parking lot facilities are contained in Section 25.52.050 (Parking Lot
Landscaping Standards).
Ordinance No. 1393 Page 49
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.
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.
Ordinance No. 1393 Page 50
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 a Service Industrial District 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 provide d 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.
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
Ordinance No. 1393 Page 51
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.”
SECTION 19. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.46.040 is amended to read as follows:
“25.46.040 Parking Requirements
A. Parking schedule. Table 25.46-1 (Parking Schedule) identifies minimum vehicle
parking space requirements for specific uses. Where there is more than one parking ratio
listed in the table, the greater of the two applies. Where the parking ratio is listed based
upon square feet, it shall mean the gross square feet of the building. Unless otherwise
noted, this includes public and private areas.
Table 25.46-1: Parking Schedule
Use Minimum Stalls Required
Residential Uses
Children’s homes 1 per 4 beds1
Cluster housing
Studio and one bedroom 2 per unit
Two and more bedrooms 2 per unit
Condominium
Studio and one bedroom 2 per unit
Two and more bedrooms 2.5 per unit
Dwelling, mobile home 2 per unit
Dwelling, multifamily
Studio and one bedroom 2 per unit
Two and more bedrooms 2 per unit
Dwelling, single-family 2 per unit
Residential care facility 1 per 4 beds1
Residential care home 1 per 4 beds1
Agricultural and Animal-Related Uses
Stables, boarding 1 per 5 stables2
Veterinary facility 3 per 1,000 sq. ft.
Ordinance No. 1393 Page 52
Use Minimum Stalls Required
Recreation, Resource Preservation, Open Space, Education, and Public Assembly
Uses
Assembly uses 1 per 3 seats or 1 per 18 inches of bench
area
Billiard halls 2 per billiard table
Bowling alleys 2 per alley
Golf-related uses
Driving ranges 1 per tee3
Golf courses 4 per hole3
Pitch and putt 3 per hole3
Libraries 2 per 1,000 sq. ft.
Preschools, nursery schools, and day
nurseries 2 per 3 employees + 1 per 8 children
Private clubs, union halls, lodge halls 10 per 1,000 sq. ft.
Religious institutions 1 per 3 seats3
Schools, private 1 per employee plus 1 per 3 students at
maximum classroom capacity
Skating rinks, ice and roller 10 per 1,000 sq. ft.3
Sports arenas and stadiums 1 per 3 seats or 1 per 18 inches of bench
area
Swimming pools, commercial 2 per 1,000 sq. ft. of pool area3
Tennis facilities, commercial 3 per court or 1 per 18 inches of bench
area
Theater/auditorium 1 per 3 seats or 1 per 18 inches of bench
area
Utility, Transportation, Public Facility, and Communication Uses
Public utility facilities
2 or 1 per employee (in the largest shift) +
1 per vehicle used in conjunction with the
use
Retail, Service, and Office Uses
Appliance stores 2 per 1,000 sq. ft.
Banks 3 per 1,000 sq. ft.
Drugstores 3 per 1,000 sq. ft.
Financial institutions and savings and loan
offices 2 per 1,000 sq. ft.
Furniture stores 2 per 1,000 sq. ft.
Plant nursery with outdoor sales and
display5
2.5 per 1,000 sq. ft. of gross building area
excluding greenhouse area
Grocery stores 3 per 1,000 sq. ft.
Gym, commercial 8 per 1,000 sq. ft.4
Gym, personal studio 4 per 1,000 sq. ft.
Health, figure, and exercise salons and
spas 5 per 1,000 sq. ft.4
Hotels 1 per guest unit3
Ordinance No. 1393 Page 53
Use Minimum Stalls Required
Lumber yards
2 per 1,000 sq. ft. of floor area + 1 per
1,000 sq. ft. of open area for sales and
display
Medical, clinics 5 per 1,000 sq. ft.
Medical, hospitals 1.75 per bed
Mortuaries
5 + 250 sq. ft. of usable and accessible
paved parking area for every 25 sq. ft. of
assembly room floor area
Motels 1.1 per guest unit3
Offices 4 per 1,000 sq. ft.
Personal services 4 per 1,000 sq. ft.
Resort hotels 1.1 per guest unit7
Restaurants 8 per 1,000 sq. ft.
Retail uses, general 3 per 1,000 sq. ft.7
Shopping centers, community and regional 4 per 1,000 sq. ft.7
Shopping centers, specialty and district 3 per 1,000 sq. ft.7
Automobile and Vehicle Uses
Auto rental agencies 3 per 1,000 sq. ft. of gross rentals
Auto repair/service stations 1 per 1,000 sq. ft.
Auto gas/convenience 3 per 1,000 sq. ft.
Auto washing, full service 3.5 per 1,000 sq. ft.
Auto washing, self service 1 per vacuum station or wash stall
Auto and vehicle sales 2 per 1,000 sq. ft.
Industrial, Manufacturing, and Processing
Uses
Industrial uses, general5 2 per 1,000 sq. ft.6
Storage, personal storage facility 6 + 2 per caretaker unit7
Support facilities for construction,
renovation, and equipment installations Provide as needed
Warehouses and storage facilities
2 per 3 employees and not less than 1 per
1,000 sq. ft. for the first 20,000 sq. ft.; 1
per 2,000 sq. ft. for the second 20,000 sq.
ft.; 1 per 4,000 sq. ft. for area in excess of
initial 40,000 sq. ft.
Wholesaling and distribution 1 per 3,000 sq. ft.
Notes:
1. The number of beds used in the calculation shall match the resident capacity
of the home as listed on the required license or permit.
Ordinance No. 1393 Page 54
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 u ses 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 establish ed 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 forth by Council
resolution. This provision shall apply only to projects in the 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.”
SECTION 20. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.46.080 is amended to read as follows:
“25.46.080 Joint Use Parking
Dual use of parking may be allowed where the operating hours of the uses involved do
not overlap. Joint use of parking shall not exceed 50 percent of the required spaces of
any uses involved. The agreement for the joint use shall be in the form of a record ed
covenant and shall be acceptable to the City attorney. The approval for the joint use can
be granted only by the Commission and shall apply exclusively to the Downtown Districts
per Chapter 25.18 of this Title and OP zoning districts.”
Ordinance No. 1393 Page 55
SECTION 21. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.60.050 is amended to read 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 their recommendation to approve, conditionally approve, or deny the
application. The report shall be provided to the applicant prior to consideration of t he
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.”
SECTION 22. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.60.120 is amended to read as follows:
“25.60.120 Revocation
This section provides procedures for the revocation of previously approved land use
entitlements or permits.
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 their 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:
Ordinance No. 1393 Page 56
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.”
SECTION 23. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.60.150 is amended to read as follows:
“25.60.150 Certificate of Use and Occupancy
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 Director to demonstrate
conformity with this title. The Director shall check the application and all data submitted
with it and shall issue a use certificate if they find 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 s tructure 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 they have found that the structure or
alteration conforms with the use certificate, until all required screening and landscaping
Ordinance No. 1393 Page 57
and off-street parking and loading facilities are complete, and they have found that all
conditions attached to a use permit, a variance, and design review have been met;
provided, that the building official may issue a certificate of occupancy prior to the
fulfillment of all requirements of this title if a faithful performance bond in an amount
determined by the building official to be sufficient to complete the work necessary to meet
the requirements is filed with the City. Cash in the amount of the faithful performance
bond may be deposited with the City in lieu of the bond.
E. Temporary certificate. A temporary certificate of occupancy may be issued by the
Building Official prior to the time that all of the requirements for a certificate of occupancy
have been met; provided, that no permit other than a temporary permit shall be issued for
gas or electric utilities until the Building Official determines that all of the requirements for
a certificate of occupancy have been met. A temporary permit for gas or electric utilities
shall be valid for 10 working days. If temporary permits for gas or electric utilities expire
without the requirements for issuance of a certificate of occupancy having been met, the
Building Official shall request the public utility to discontinue service.
F. Determination of compliance with required conditions. If the Director is unable to
determine from information submitted by the applicant that a prop osed use will comply
with the required conditions for the district in which it is to be located, they shall not issue
a use certificate, but shall, at their option, secure expert professional advice from firms or
individuals acceptable to the City as well as the applicant.”
SECTION 24. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.62.090 is amended to read 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:
Ordinance No. 1393 Page 58
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 them by the provisions of this section.
C. Method of service—Effective date of service. Service of the notice shall be made
upon all persons entitled thereto, either personally, or by mailing a copy of such noti ce
and order by certified mail, postage prepaid, return receipt requested, to each such
person at 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 kn own 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 proceeding s 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.”
SECTION 25. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.62.100 is amended to read 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.
Ordinance No. 1393 Page 59
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 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 their 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 h earing
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:
Ordinance No. 1393 Page 60
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 sten ographic
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, b e 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 ac ts.
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 their possession or under their
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.
Ordinance No. 1393 Page 61
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 evid ence as
the first order of business. The party requesting the hearing may then cross-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 them 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 them to testify.
5. To rebut the evidence against them.
Ordinance No. 1393 Page 62
6. To represent themselves, or to be represented by anyone of their 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, th ose 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.”
SECTION 26. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.64.100 is hereby removed and amended as follows:
“25.64.020 – Repealed.”
SECTION 27. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.64.050 is amended to read 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 h ousing
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
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.
Ordinance No. 1393 Page 63
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.
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 ot her individuals or substantial
physical damage to the property of others.
Ordinance No. 1393 Page 64
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 dwel ling:
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.
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
Ordinance No. 1393 Page 65
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 expirati on
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 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 their 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.”
Ordinance No. 1393 Page 66
SECTION 28. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.68.030 is amended to read 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, they 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.”
SECTION 29. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.72.020 is amended to read 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 ba sis
of similarity to uses specifically listed. The procedures of this chapter shall not be
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 their findings to the
Commission.
D. Determination. The determination of the Commission shall be rendered in writing
and shall be transmitted to the Council within 15 days of the determination. The decision
of the Commission shall become final within 30 days unless an appeal is filed or the
majority of the Council elects to review the determination.
E. Determination by City Council. If required, the Council shall make a determination
as prescribed in Section 25.60.080 (Appeals).”
Ordinance No. 1393 Page 67
SECTION 30. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.72.050 is amended to read 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.
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:
Ordinance No. 1393 Page 68
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, obje ctives, 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
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 they determine that the changes would n ot 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 origin al 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
Ordinance No. 1393 Page 69
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.
3. After giving notice and conducting the hearing, the Commissio n 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.”
Ordinance No. 1393 Page 70
SECTION 31. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.78.040 is amended to read 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 their property is located, or authorized
agent, may file with the Department an application for a change in 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.
Ordinance No. 1393 Page 71
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.”
SECTION 32. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code
section 25.78.060 is amended to read as follows:
“25.78.060 Development Agreements
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.
Ordinance No. 1393 Page 72
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 appl icable 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 o f such
existing or new rules, regulations, and policies.
G. Periodic review. The Director, or their designee, shall review a development
agreement every year, at which time the applicant or their 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 d evelopment
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 la ws 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.”
SECTION 33. Amendment to Palm Desert Municipal Code. The following definitions for
“Condominium” and “Nameplate” within Chapter 25.99.020 are revised as follows:
Ordinance No. 1393 Page 73
“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 grante e owns a separate
interest in their unit and an interest as granted in common in common areas.
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 their occupation or specialty.”
SECTION 34. Amendment to Palm Desert Municipal Code. The following municipal
code section, Section 25.60.170, is added to the Palm Desert Municipal Code as follows:
“25.60.170 Application Withdrawal
Application Withdrawal
1. After an application has been accepted for review, the applicant may withdraw the
application at any time by submitting a letter of withdrawal to the Director.
2. An applicant is not entitled to a refund of application fees for withdrawn
applications; however, the city may refund fees not expended if the application is
withdrawn.
3. If an applicant fails to respond to staff comments within 60 days, or an application
is otherwise determined by the Director to be inactive for a period of 60 days, then
the application will be deemed abandoned and withdrawn.”
SECTION 35. Severability. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or
unenforceable by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of the Ordinance. The City Council declares
that it would have passed each section, subsection, paragraph, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more section, subsection,
sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable.
SECTION 36. CEQA. The City Council hereby finds and determines that this
Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3)
because it can be seen with certainty that the Ordinance would not have the potential or
possibility for causing a significant effect on the environment. Specifically, the proposed
changes to the Municipal Code are primarily administrative and technical in nature and
clarify definitions/provisions, remove inconsistencies, and update various municipal code
provisions. Moreover, the changes do not allow for specific development. In reviewing the
Ordinance the City Council has exercised its independent judgment and has reviewed
and considered the Ordinance in light of all testimony received, both oral and written.
Ordinance No. 1393 Page 74
Therefore, based upon the entire administrative record, the City Council hereby
determines that no further environmental review is required for the Ordinance.
SECTION 37. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper
of general circulation, published and circulated in the City of Palm Desert, California, and
shall be in full force and effective thirty (30) days after its adoption.
ADOPTED ON MAY 11, 2023.
______________________
KATHLEEN KELLY
MAYOR
ATTEST:
_____________________________
ANTHONY J. MEJIA
CITY CLERK
Kathleen Kelly (May 23, 2023 17:10 PDT)
Kathleen Kelly
Anthony Mejia (May 24, 2023 08:42 PDT)
Ordinance No. 1393 Page 75
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1393 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on April 27, 2023, and adopted at a
regular meeting of the City Council held on May 11, 2023, by the following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIA
CITY CLERK
Anthony Mejia (May 24, 2023 08:42 PDT)
May 24, 2023