HomeMy WebLinkAboutORD 1259 ORDINANCE NO. 1259
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE
AMENDMENT FOR A COMPREHENSIVE UPDATE TO PALM DESERT
MUNICIPAL CODE SECTION 25, ZONING, EXHIBIT A
CASE NO: ZOA 13-223
WHEREAS, the City Council of the City of Palm Desert, California, did on the 22nd
day of August 2013, hold a duly noticed public hearing to consider the request by the City
of Palm Desert for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California,
adopted Planning Commission Resolution No. 2606 on August 6, 2013, recommending
approval of ZOA 13-223; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2013-16, the Director of Community Development has determined that the
project is not considered a project for CEQA purposes; and
WHEREAS, at said public hearing, said City Council heard and considered all
testimony and arguments of all interested persons; and
NOW, THEREFORE, BE IT ORDANED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, THAT THE FOLLOWING SECTION OF THE PALM
DESERT MUNICIPAL CODE IS HERBY AMENDED:
SECTION 1: The Palm Desert Municipal Code Section 25 is herby amended and
revised in its entirety as described in Exhibit A, provided separately at
City Hall.
SECTION 2: That the City Clerk of the City of Palm Desert, California, is herby
directed to publish a notice of this ordinance (with the Exhibit A
provided at City Hall) 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 effect thirty (30) days after its
adoption.
ORDINANCE NO. 1259
PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 12th day of September by the
following vote, to wit: 2013
AYES: BENSON, SPIEGEL, TANNER, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
AN C.C NIK, MAYOR
ATTEST:
RA HEL E D. KLASSE , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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ORDINANCE NO. 1259
Chapter 25.02 — Introductory Provisions
Sections in This Chapter
25.02.010 Title and Purpose 02-1
25.02.030 Scope, Interpretation, and Application 02-2
25.02.040 Administrative Responsibility 02-3
25.02.050 Rules and Interpretation 02-5
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. The implementation element of the General Plan
recommends the orderly development of the City and the elimination of the potential for
haphazard land development through a variety of implementation measures. 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 following objectives:
1. Relate proposals for development to the provisions and recommendations to the
City's General Plan and ensure the consistency of development with the General
Plan.
2. Foster a harmonious, convenient, workable 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. Prevent the creation of population densities that will adversely affect the City's
ability to provide community facilities, utilities, and services.
5. Ensure adequate consideration for urban design in the development process so
that new development enhances the City as it matures.
6. Foster the provision of adequate off-street parking and off-street truck loading
facilities.
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ORDINANCE NO. 1259
7. Promote consideration of natural environmental features in the development and
use of land within the City.
8. Develop land use regulations that will encourage infill development in existing
sections of the City and provide for innovative development in undeveloped
areas.
25.02.030 Scope, Interpretation, and Application
A. Scope of regulations. This title is adopted to accomplish the stated objective of and to
implement the General Plan of the City. To accomplish these objectives the City shall
regulate the use, location, area, and dimension of sites for development: the bulk and
height of structures, the appearance of certain uses, structures, and signs, open space,
landscaping, access and egress, off-street parking, and other such aspects of land use
which may be deemed necessary for the public peace, health, safety, and general
welfare of the people working and living within the City.
B. Authority for regulations. The authority for the regulations contained within this title is
based on Section 7, Article XI of the California Constitution; the provisions of the
California Planning and Zoning Law which provide for the regulation of the intensity of
land use, and the adoption of standards for the regulation of population density; and the
police power granted to municipalities by the laws of the State.
C. Applicability and conformity. The provisions of this title are not intended to revoke any
easements, codes, covenants, and restrictions or other existing agreements which are
more restrictive than the provisions of this title. Unless otherwise specified, existing
development is not required to comply with new regulations. Any use or development
made nonconforming by new regulations is subject to the requirements of Chapter 25.62
(Nonconforming Provisions).
D. Relation to less restrictive regulations. Whenever the provisions of this title impose
more restrictive regulations upon buildings or structures and the use of them or the use
of lands or premises and require larger open spaces or yards or setbacks than are
imposed by other ordinances, the provisions of this title or the rules or regulations
included within this title shall govern.
E. Effective in incorporated City. The provisions of this title are declared to be in effect
upon all land within the incorporated jurisdiction of the City as exists or is hereafter
changed by annexation.
F. Relationship to prior ordinances. Any building for which a building permit has been
issued and is valid under the provisions of earlier ordinances of the City which are in
conflict with this title may be continued and completed in accordance with the plans and
specifications upon which the permit was issued.
G. Continuity. Notwithstanding the provisions of this chapter or any other provisions of this
title, no new or additional variance, conditional use permit, or license shall be required
for any land use heretofore authorized by the City or the County by a variance,
conditional use permit, building permit, license, or tentative or final tract map, provided
there has been substantial reliance upon the governmental entitlement mentioned in this
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ORDINANCE NO. 1259
chapter and, provided further, that conditions thereof are complied with and that
substantial construction has begun on a portion of the project.
H. Procedure regarding pending action. The repeal or substitution of any ordinance shall
not affect any prosecution which may be pending in any court for the violation of any
provision of the ordinance at time of the repeal or substitution.
I. Violation of previous ordinances. The substitution or repeal of any ordinance is not
deemed to ratify or legalize any violation of any provision of such ordinance nor to affect
the prosecution or punishment of any person, firm, or corporation for any act done or
committed in violation of any provision of the ordinance prior to the taking effect of this
title.
J. Conviction of crimes continued. Any ordinance to be repealed or substituted by this
title is deemed to continue and be in full force and effect for the purpose of prosecuting
and meeting punishment for any violation presently pending in any court.
25.02.040 Administrative Responsibility
California Government Code Section 65100 requires each jurisdiction to establish a planning
agency to carry out the land use and planning functions of the jurisdiction. The functions of the
planning agency, as designated by the title, shall be carried out by the following bodies. In the
absence of an assignment, the City Council shall retain responsibility and authority as the
legislative body of the City.
A. Zoning Administrator. The Zoning Administrator shall be appointed by the Director of
Community Development and shall have discretionary review authority over permits and
entitlements as specified in the ordinance, such as large family day care use permits,
adjustments, and administrative use permits.
B. Director of Community Development. The Director, or designee, shall have the
responsibility and authority to administer and enforce this title as follows:
1. Application process. Receive and review all applications for development
pursuant to this title. Processing includes but is not limited to the certification of
completed applications, the establishment of a permanent file, posting of public
notices, collection of applicable fees, preparation of reports, processing of
appeals, and presentation of staff reports to the Architectural Review
Commission, Planning Commission, and City Council.
2. Interpretation. Interpret the provisions and advise the public on the requirements
of this title.
3. Amendment. Initiate action for amendment of this title where it is determined that
such amendment would better implement the General Plan goals and objectives
and increase its effectiveness and/or improve or clarify the contents of this title.
4. Permit issuance. Issue administrative permits, including certifications of use and
occupancy, temporary use permits, home-based business permits and other
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ORDINANCE NO. 1259
designated permits under this title and certify that all such permits are in full
conformance with its requirements.
5. Coordination. Refer and coordinate matters related to the administration of this
title with other agencies and City departments and provide information on the
status of all development permits.
6. Authority. Serve as the administrative zoning body and exercise that authority set
forth in California Government Code Section 65900 et seq.
C. City Manager. The City Manager or designee shall oversee the work of the director and
shall exercise such other powers and duties as are prescribed by state law or local
ordinance, or as directed by the City Council.
D. Architectural Review Commission. The City has established the Architectural Review
Commission to serve as a decision-making and advisory body with the following land
use responsibilities:
1. Hear and decide applications for entitlements as provided in this ordinance, such
as building and landscaping design review, color changes, sign permits, and
comprehensive sign programs.
2. Hear appeals of the decision of the Zoning Administrator for design review and
signs.
3. Hear and make recommendations to the Planning Commission on applications
for precise plans, development plans, certain variances, and new homes for
tentative tract map applications.
E. Planning Commission. Pursuant to California Government Code Section 65101, the
City of Palm Desert has an established Planning Commission. The Planning
Commission shall have the following land use responsibilities:
1. Hear and decide applications for entitlements as provided in this ordinance,
including use determinations, precise plans, development plans, conditional use
permits, condominium conversion permits, and variances.
2. Hear appeals of the decisions of the Zoning Administrator.
3. Initiate studies of amendments to this title and make recommendations to the
City Council for amendments as provided in this ordinance and in California
Government Code Section 65853.
4. Hear and make recommendations to the City Council on applications for planned
community development overlays, zoning amendments (ordinance and map), the
General Plan and amendments thereto, prezonings, hillside development plans,
and other related planning studies.
5. Exercise such other powers and duties as are prescribed by state law or local
ordinance, or as directed by the City Council.
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02-4I e Chapter 2 5 , 02 Introductory Previsfou ';
ORDINANCE NO. 1259
F. City Council. The City Council is the legislative body of the City and shall have the
following land use responsibilities:
1. Hear and decide all appeals.
2. Hear and decide applications for permits and entitlements as identified in this
ordinance, such as planned community overlays, zoning amendments (ordinance
and map), General Plan updates and amendments, prezonings, hillside
development plans, and development agreements.
3. Direct planning-related policy amendments and special studies as necessary or
desired.
4. Exercise such other powers and duties as are prescribed by state law or local
ordinance.
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. Planning Department = Department
B. Terminology. The following rules apply to all provisions in this code:
1. Language. The words "shall," "will," "is to," and "are to" and similar words and
phrases are always mandatory. "Should" is not mandatory but is strongly
recommended, and "may" is permissive.
2. Tense and number. The present tense includes the past and future tense, and
the future tense includes the present. The singular number includes the plural,
and plural numbers include the singular unless the natural construction of the
word indicates otherwise.
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ORDINANCE NO. 1259
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 determine the City's regulations.
H. Conflicts with other regulations. Wherever conflict occurs between the provisions of
this title and any other provision of law, the more restrictive of any such provisions shall
apply.
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ORDINANCE NO. 1259
Chapter 25.04 — Establishment of Zoning Districts
Sections in This Chapter
25.04.010 Purpose 04-1
25.04.020 Zoning Districts 04-1
25.04.030 Zoning Map 04-3
25.04.010 Purpose
This chapter establishes the framework for zoning districts within the City and their relationship
to the City's General Plan land use categories. This chapter also establishes the zoning map as
the official designation of zoning district boundaries.
25.04.020 Zoning Districts
The City is divided into zoning districts that are generally grouped into five categories: (A)
residential districts, (B) commercial districts, (C) industrial districts, (D) special districts, and (E)
overlay districts. These districts implement the City's General Plan land use categories as
described in Table 25.04-1 (Zoning Districts). Each zone is further defined and regulated in the
subsequent sections of this chapter.
A. Residential districts. The residential districts provide appropriately located areas for
residential living at a range of population densities consistent with the General Plan,
implement standards that will protect these residential areas with sound standards of
public health and safety, and provide space for semipublic facilities needed to
complement urban residential areas and for institutions that require a residential
environment.
B. Commercial districts. The commercial districts provide appropriately located areas for
retail stores, offices, service establishments, amusement establishments, and
businesses, offering commodities and services required by residents of the City and its
surrounding market area, and implement standards to ensure that these areas function
appropriately and are compatible with surrounding land uses.
C. Industrial districts. The industrial districts allow for the manufacture, distribution, and
service of products intended primarily for local usage within Palm Desert, its sphere of
influence, and surrounding core communities, and allow for research and development
facilities to enable high-caliber technological centers to develop in a manner compatible
with the intended character of the community. Development standards are included to
ensure that industrial uses do not conflict with the overall character of a resort
community.
D. Special districts. Special districts allow for the establishment or expansion of public
facilities or change in the use of lands owned, leased, or otherwise controlled by
governmental agencies. Certain special districts also allow for the establishment of
quasi-public institutional uses, and the reservation of areas for parks, public or private
recreation, open space, and related governmental public uses. The purpose of the study
district is to provide the opportunity for review of areas where changing conditions or
04-/ IPage Chapter 25 . 04 Establibhment cat 21 ,qing
ORDINANCE NO. 1259
inadequacy of existing zoning regulations indicate the need for special study and
possible amendments to this title.
E. Overlay districts. The purpose of overlay districts is to allow the City to adequately
provide for special environmental constraints that exist in the City and to provide the
means by which developmental controls may be exercised to assure that such
environmental constraints are adequately considered when development occurs in these
areas. Furthermore, overlay districts are utilized:
1. To allow more flexibility from the standard provisions of the underlying base
zone.
2. When special provisions are needed to protect unique site features or implement
location-specific provisions.
3. To specify a particular standard or guideline for an area.
In the event of a conflict between an overlay district and any base zoning district
(residential, commercial, industrial, or special district) the provisions of the overlay
district apply.
Table 25.04-1: Zoning Districts
Symbol Zoning District Name/Description General Plan Land Use Designation
Implemented by Zoning District
Residential Zoning Districts
RE Estate Residential Residential—Desert Estates(R-DE); Residential—
Mountain Estates(R-ME)
R-1 Single-Family Residential Low Density Residential (R-L)
R-2 Single-Family Residential Medium Density Residential (R-M)
R-3 Multifamily Residential High Density Residential (R-H)
R-1 M Single-Family/Mobile Home Residential Medium Density Residential (R-M)
HPR Hillside Planned Residential Residential Hillside Reserve(R-HR)
PR Planned Residential Varies
Commercial Districts
OP Office Professional District Office Professional (C-OP)
C-1 General Commercial District Community Commercial (C-C)
PC Planned Commercial Districts
PC-1 Specialty Commercial Center Community Commercial (C-C)
PC-2 District Commercial Center Community Commercial (C-C)
PC-3 Regional Center Regional Commercial (C-R)
PC-4 I Resort Center Resort Commercial (C-R/H)
Industrial Districts
SI Service Industrial District Business Park(B-P)
04-2IPa. e Chapter 25. 04 Establishment of Zoning Districts
ORDINANCE NO. 1259
Symbol Zoning District Name/Description General Plan Land Use Designation
Implemented by Zoning District
PI Planned Industrial District Light Industrial (I-L)
Special Districts
P Public/Institutional District Public/Quasi-Public(PF)
OS Open Space District Open Space (OS)
S Study District Special Study Area (SSA)
Overlay Districts
MHDO Medium/High Density Housing Overlay Medium/High Density Overlay(R-M, R-HO)
SO Senior Housing Overlay Varies
MU Mixed Use Overlay Varies
EP El Paseo Pedestrian Commercial Overlay Community Commercial (CC)
SP Scenic Preservation Overlay Varies
D Drainageway, Floodplain,Watercourse Overlay Open Space—Floodways(OS-FW)
N Natural Features/Restricted Development Overlay Varies
SH Seismic Hazard Overlay Varies
FCOZ Freeway Commercial Overlay Zone Varies—1-10 Intersections
BDAA Bermuda Dunes Airport Area Washington Street area—See map on file
25.04.030 Zoning Map
The City of Palm Desert zoning map (hereafter referred to as the zoning map) is the official
designation of zoning district boundaries on real property within the City. The zoning map shall
be regulated as set forth below.
A. Incorporated by reference. The zoning map is hereby incorporated into this zoning
code by reference as though it were fully included.
B. Map amendments. Amendments to the zoning map shall follow the process established
in Section 25.78.050 (Amendments—Zoning Map).
C. Relationship to General Plan and other plans. The zoning map shall implement and
shall be consistent with the City's adopted General Plan. The zoning map shall be
specifically consistent with the General Plan land use plan and any adopted specific
plans, special planning areas, or master plans.
D. Zoning district symbol. Zoning districts shall be illustrated on the zoning map as
follows:
1. Each residential, commercial, or industrial zoning district shall be described on
the zoning map by use of its identified zoning district symbol, as listed in Table
25.04-1 (Zoning Districts).
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ORDINANCE NO. 1259
2. Overlay districts or special zoning districts shall be designated by their
representative symbol along with any related residential, commercial, or
industrial base zoning district in a format determined by the ZA.
E. Zoning map interpretation. If there is uncertainty about the location of any zoning
district boundary shown on the zoning map, the precise location of the boundary shall be
determined by the Director as follows:
1. The boundaries of a zoning district shall be the centerlines of either streets or
alleys, or lot lines of real property, unless otherwise shown. Where a district's
boundaries approximately follow centerlines or lot lines, those lines shall be
interpreted as the district boundaries.
2. If a district boundary divides a parcel and the boundary line location is not
specified by distances printed on the zoning map, the location of the boundary
shall be determined by the ZA. Each portion of the property shall be developed to
the standards and allowed use provisions of the applied zoning district and any
applied overlay or special zone(s).
3. Where the street layout on the ground or the lot lines differ from such layout or
lines shown on the zoning map, the ZA shall determine the exact boundary and
the map shall be amended to conform to the layout on the ground.
4. Where a public street or alley is officially vacated or abandoned, the property that
was formerly in the street or alley shall be included within the zoning district of
the adjoining property on either side of the centerline of the vacated or
abandoned street or alley.
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ORDINANCE NO. 1259
Chapter 25.10 — Residential Districts
Sections in This Chapter
25.10.010 Purpose 10-1
25.10.020 Characteristics of the Residential Districts 10-1
25.10.030 Allowed Land Uses and Permits Required 10-2
25.10.040 Specific Use Standards 10-4
25.10.050 Development Standards 10-7
25.10.010 Purpose
The purpose of this chapter is to establish residential zoning districts in the City, along with
allowed use and development standards applicable to those districts. These districts are
consistent with and implement the City's General Plan residential land use categories as
indicated in Table 25.04-1 (Zoning Districts).
25.10.020 Characteristics of the Residential Districts
The following descriptions of each residential district identify the characteristic uses, intensity of
uses, and level of development intended for that district.
A. Residential Estate (RE). The district is intended for residential estates with large-lot
development or lower-density cluster-style projects.
B. Single-Family Residential (R-1). The intent of this district is to encourage the
preservation of residential neighborhoods characterized by single-family homes on
medium-sized lots and to preserve undeveloped lands for similar types of residential
development by permitting a minimum of auxiliary nonresidential uses.
C. Single-Family Residential (R-2). The intent of this district is to reserve appropriately
located areas for families living in a variety of dwelling types at a medium range of
population densities consistent with sound standards of public health and safety.
D. Multifamily Residential (R-3). The specific purpose of this district is to provide suitably
located areas for residents to live in a variety of housing types at high population
densities consistent with sound standards of public health and safety.
E. Single-Family/Mobile Home Residential (R-1 M). This district provides for the
permanent placement and occupancy of single-family dwelling units, factory-built
dwelling units, or mobile homes for residential purposes on purchased, rented, or leased
lots. It is further the intent of this district to stabilize and protect the residential character
of the area and to promote a better living environment through high-quality property
development standards.
F. Hillside Planned Residential (HPR). The purpose of the hillside planned residential
district is to encourage minimal grading in hillside areas that relate to the natural
contours of the land, avoiding extensive cut and fill slopes that result in a padding or
staircase effect within the development; encourage architecture and landscape design
ORDINANCE NO. 1259
that blends with the natural terrain to the greatest practical extent; and retain and protect
undisturbed viewsheds and natural landmarks and features, including vistas and the
natural skyline, as integral elements in development proposals in hillside areas.
G. Planned Residential (PR). The purpose of this district is 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, both public and private. The district is further intended to
provide for the optimum integration of urban and natural amenities within developments.
The PR district is also established to give a land developer assurance that innovative
and unique land development techniques will be given reasonable consideration for
approval, and to provide the City assurances that the completed project will contain the
character envisioned at the time of approval.
25.10.030 Allowed Land Uses and Permit Requirements
Table 25.10-1 (Use Matrix for Residential Districts) identifies allowed uses and corresponding
permit requirements for the residential districts and all other provisions of this title.
Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The
special use provisions column in the table identifies the specific chapter or section where
additional regulations for that use type are located within this title.
Use regulations in the table are shown with a representative symbol by use classification listing:
"P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an
administrative use permit, "L" symbolizes uses that require approval of a large family day care
use permit, "C" symbolizes uses that require approval of a conditional use permit, and "N"
symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the
Commission may make a use determination as outlined in Section 25.72.020 (Use
Determinations).
Table 25.10-1: Use Matrix for Residential Districts
Residential Zoning District
(P=Permitted;'A=Administrative Use Permit L=Large Special Use
Family Day Care Use Permit; C=Conditional Use Provisions
Permit;N=Not Permitted)
RE R-1 R-2 R-3 R-1M HPR PR
Residential Uses'
Assisted Living NCC C N N C
Condominium NNC C N N C
Dwelling, duplex NNP P N N N
Dwelling, multifamily NNP P N N N 25.10.040.A
Dwelling, second PPP N N P N 25.34.030
Dwelling, single-family PPP N N P N
Farmworker housing NNN N N N N
Group home PPP N N P N 25.10.040.B
Guest dwelling PPN N N P P
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ORDINANCE NO. 1259
Residential Zoning District
(P=Permitted; A=Administrative Use Permit; L=Large Special Use
Family Day Care Use Permit; C=Conditional Use Provisions
Permit; N=Not Permitted)
RE R-1 R-2 R-3 R-1M HPR PR
Home-based business PPP P P P P
Manufactured home parks N N N N C N N
Planned unit development, NNC C N C C 25.10.040.0
residential
Transitional and supportive housing see footnote 1
Agriculture-Related Uses
Apiary ANN N N A N
Botanical conservatory ANN N N N N
Crops and horticulture, limited ANN N N N N
Garden, private PPP P P P P
Greenhouse, commercial CNN N N N N
Greenhouse, private PPP A A P P
Horticulture, private PPP P P P P
Kennel CNN N N N C 25.10.040.D
Livestock raising, noncommercial CNN N N N N
Nursery C NN N N N N
Orchard A N N N N N N
Stable, boarding ANN 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 NNN N N N C
Community facility NNN N N N C
Club, private NNC C N N C
Crematory NNN N N N N
Day care, large family L L L L L L L 25.10.040.F
Day care, small family PPP P P P P
Institution, educational C C C C C N C
Institution, general NNN C N N C
Institution, religious CCC C N N C
Public park PPP N P N P
Recreational use, commercial NNN N N N C 25.10.040.G
Recreational vehicle park NNN N C N C
Recreation facility, commercial NNN N N N N
Recreation facility, incidental CCC C C N C 25.10.040.H
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ORDINANCE NO. 1259
Residential Zoning District
(P=Permitted; A=Administrative Use Permit; L=Large Special Use
Family Day Care Use Permit; C=Conditional Use Provisions
Permit;N=Not Permitted)
RE R-1 r R-2 R-3 R-1 M HPR PR
Recreation facility, private PNN P P N P
Recreation facility, public CCC 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 1 N C
Retail, Service, and Office Uses
Bed and breakfast C N N C N N N
Commercial parking lot N C N C N N N 25.10.040.1
Condominium hotel, converted N N C C N N C
Hospital N N C C N N C
Hotel N N N C N N N 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 N N N C 25.10.040.J
Timeshares N N N N N N C
Temporary Uses
See Section 25.34.080
Footnotes:
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
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 up to a maximum of 18 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 six or fewer residents. 111
. ..................................
10-41 Page Chapter 25. 10 Residential Distri,; i
ORDINANCE NO. 1259
C. Planned residential. Cluster development and/or condominiums are permitted as part
of a planned development.
D. Kennel. Excluding domestic pets, all boarding for animals or fowl must be at least 100
feet away from any neighboring residential home.
E. Stables. The stabling of horses (or mules) is permitted with an administrative use permit
in the residential estate district subject to the following provisions:
1. Two standard horses (or mules) over 14.2 hands, 58 inches shall be permitted on
a lot of 40,000 square feet minimum area with a total number of horses all sizes
not exceeding three. (This would allow one additional pony or the temporary
keeping of one foal)
2. Horses must be kept within a corral and/or enclosed stable of the following
minimum dimensions:
i. Corral. 288 square feet per horse; minimum dimensions of 12 by 24 feet,
and one-third shaded.
ii. Stable. 144 square feet, minimum dimension 12 feet by 12 feet per horse.
Stable shall be ventilated for the desert environment.
iii. 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 100
feet of an adjacent property not zoned RE (i.e., R1, O.P., PR).
4. Animal manure shall be stored in appropriate receptacles and properly disposed
of 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. Large family day care facilities require the issuance of a large
family day care use permit (Section 25.64.020) and are permitted subject to the following
requirements:
1. Space and concentration. Properties proposed for use as large family day care
homes shall be located no closer than 300 feet in all directions from another
large family day care home. An adjustment may be granted according to Chapter
25.64.030 (Adjustments) of this ordinance to reduce this distance to no more
than 100 feet.
/0-51Page Chapter 25 . 10 Residential idential astricts
ORDINANCE NO. 1259
2. Traffic control. A traffic circulation plan shall be designed to diminish traffic safety
problems. Residences located on major arterial streets (as shown on the General
Plan circulation map) must provide a drop-off/pick-up area designed to prevent
vehicles from backing onto the arterial roadway. The applicant may be required
to submit a plan of staggered drop-off and pick-up time ranges to reduce
congestion in neighborhoods already identified as having traffic congestion
problems.
3. Parking. All homes used for large family day care facilities shall provide at least
three automobile parking spaces, no more than one of which may be provided in
a garage or carport. Parking may be on-street if contiguous to property. These
may include spaces already provided to fulfill residential parking requirements.
4. Noise control. Operation of the facility shall comply with all provisions of Chapter
9.24 (Noise Control) of the Palm Desert Municipal Code. Additional conditions
may be placed on use permits to reduce noise impact if ongoing problems exist.
5. Signage. No signs or other exterior markings identifying a large family day care
operation shall be allowed on the applicant's home.
6. Residency. The applicant must be a primary resident of the home that is
proposed as a large family day care home.
7. Contact person. The current name(s) and telephone number(s) of the applicant,
and all other operators if different from the applicant, of the family day care home
shall be on file with the City at all times.
8. State licensing. 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.
9. Building and fire code compliance. Consistent with Section 1597.46 of the Health
and Safety Code, the proposed large family day care home must comply with all
building and fire code provisions applicable to single-family residences, and with
such additional standards as the State Fire Marshal, from time to time, adopts
pursuant to Section 1597.46(d) of the Health and Safety Code to promote the fire
and life safety of children in large family day care homes. (See Title 22 of the
California Code of Regulations.)
10. Smoking restricted. Consistent with Section 1596.795 of the Health and Safety
Code, smoking of tobacco and other substances—whether in pipe, cigar, or
cigarette form—shall not be allowed in the applicant's home during its hours of
operation as a large family day care home with respect to those areas of the
home where children are present.
11. Proof of control. No use permit shall be issued unless the applicant can
demonstrate legal authority and control over the real property proposed to be
used as a large family day care home.
10-61 Chapter 25 , 10 Residential Districts
ORDINANCE NO. 1259
G. Recreational use, commercial. Commercial recreation uses are limited to the PR zone
only with the issuance of a conditional use permit when not directly related to a permitted
residential development.
H. Recreation facility, incidental. Limited commercial uses are authorized as part of this
use classification which are commonly associated with and directly related to the primary
use.
I. Commercial parking lot. Parking lots that service commercial establishments are
permitted within 300 feet of the related commercial establishment.
J. Hotel and resort hotel. These uses are permitted up to a maximum of 18 units per
gross acre with the issuance of a conditional use permit.
K. Government office building. Small neighborhood government office buildings are
permitted up to 5,000 square feet in size as indicated.
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 an adopted specific 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.
25.10.050 Development Standards
The development standards on Table 25.10-2 (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 five 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:
i. Preserved natural contours of the land to avoid extensive cut and fill
slopes to reduce the need for a staircase effect within developments.
ii. Architecture and landscape design which blends with the natural terrain to
the greatest practical extent.
10-71 Page Chapter 25 . 10 Residential Districts
ORDINANCE NO. 1259
iii. Retention and protection of undisturbed viewsheds, natural landmarks,
and features including vistas and the natural skyline as integral elements.
iv. Building Pad Area. The maximum area permanently disturbed by grading
shall not exceed 10,000 square feet.
v. 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 number 2 above.
vi. 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.
3. Maximum Dwelling Unit Size. Total dwelling unit, garage and accessory building
size on any one lot shall not exceed 4,000 square feet.
4. Exception. The standards of subsections A.1 through A.3 of this section shall be
required unless modified by the precise plan of design, taking 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.
5. 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.
6. Development on or across ridges is prohibited.
7. Building pads and architecture shall be designed to eliminate or minimize any
visual impact on the City to the maximum extent feasible.
8. 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 three methods of administering common open space:
i. Dedication of common open space to the City, which is subject to formal
acceptance.
ii. 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.
iii. 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
10-81 Chapter 25 . 10 Residential Districts
ORDINANCE NO. 1259
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.
9. Design criteria. The following design criteria are established:
i. The overall plan shall achieve an integrated land and building
relationship.
ii. 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.
iii. The layout of structures and other facilities shall effect a conservation in
street and utility improvements.
iv. Recreational areas, active and passive, shall be generally dispersed
throughout the development and shall be easily accessible from all
dwelling units.
v. Architectural unity and harmony within the development and with the
surrounding properties shall be attained.
B. Planned residential district standards.
1. Purpose. It is the purpose of the PR district to provide for flexibility in
development, creative and imaginative design, and the development of parcels of
land as coordinated projects involving a mixture of residential densities and
housing types, and community facilities, both public and private. The PR district
is further intended to provide for the optimum integration of urban and natural
amenities within developments. The PR district is also established to give a land
developer assurance that innovative and unique land development techniques
will be given reasonable consideration for approval and to provide the City with
assurances that the completed project will contain the character envisioned at
the time of approval.
2. Pre-filing procedure. Prior to the submittal of the complete official application, an
applicant must pre-file a preliminary draft of the required documents and sketch
plans for the project with the Director for review. It shall be the responsibility of
the Director to contact interested department and agency personnel regarding
necessary meetings with the applicant. After review, the Director shall furnish the
applicant with written comments regarding the project, including appropriate
recommendations to inform and assist the applicant prior to preparing the final
components of the application.
10-9I ,,) tear- 2 5 . 10 Residential District
ORDINANCE NO. 1259
3. Filing procedure. To initiate the review process, the applicant shall file a petition
for a change of zone (if needed) to a PR district along with a precise plan and
supporting.
4. 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 18 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 seven units per gross acre.
5. 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 25 dwelling units per acre may
be allowed by precise plan. To be eligible for this program, the developer must
enter into a development agreement which will tie the zoning designation and the
precise plan approval to affordable housing performance standards.
6. Design review. At the time a precise plan is submitted, the applicant shall file for
the design review of the project. The design review process, in addition to its
normal finding, shall deem the precise construction plans and precise landscape
plans in substantial compliance with the precise plan, provided modification by
the applicant does not involve a change of one or more of the following:
i. Violate any provision of the zoning ordinance;
ii. Vary the lot area requirements by more than 10 percent;
iii. Involve a reduction of more than 10 percent of the area reserved for the
common open space and/or usable open space;
iv. Increase or decrease the floor areas proposed by more than 10 percent;
v. Increase the total ground area covered by buildings by more than 5
percent.
7. Development standards applicable. All areas on the precise plan shall be subject
to the following: 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. In addition, the following development standards apply:
i. Off-street parking and loading requirements. All parking and loading shall
comply with the provisions of Chapter 25.46.
ii. Utilities. For provisions regarding utilities, see Section 25.40.100.
iii. Signs. All signs shall be in compliance with Chapter 25.56.
10-10l 9
Chapter 2 5 . 1O I esident, al i € r
ORDINANCE NO. 1259
iv. Outside storage. No outside storage shall exceed the height of actual
perimeter screening.
v. Screening. All screening requirements for developments within the PR
district shall be determined by the ARC during its site plan review
proceedings in Section 25.40.070.
vi. Trash handling. Trash handling facilities shall be provided for all
developments within the PR district with the exception of single-family
detached dwellings. A trash enclosure will be provided for all but
excepted uses, unless the proposed location of the trash area is
completely enclosed by walls or buildings. The freestanding trash
enclosure shall be constructed of masonry block. No trash shall be
allowed to extend above or beyond the enclosure.
8. Site plan review. A site plan review shall be required before a building permit is
issued for any development in the PR district.
9. 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.
i. Minimum project area. Projects of less than 7 dwelling units per acre shall
have a minimum area of 5 acres. Projects of 7 to 18 dwelling units per
acre shall have a minimum area of 10 acres.
ii. Minimum project width. Projects of less than 7 dwelling units per acre
shall have a minimum width of 250 feet. Projects of 7 to 18 dwelling units
per acre shall have a minimum width of 500 feet.
iii. Minimum project perimeter setback. The minimum perimeter setback
shall be 20 feet from all property lines adjacent to existing or proposed
public streets.
iv. 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.
v. 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 family
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
development plan.
10. Minimum yards— Development standards.
10-111 h opter 25 . 10 Reskiertial Districts
ORDINANCE NO. 1259
i. 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 development plan. However, there shall be a separate private yard
with a total area of at least 320 square feet adjacent to each dwelling unit,
unless equivalent alternative arrangements of patios are approved and
provided.
ii. All single-story, single-family detached buildings shall comply with the
provisions of this Chapter, with the majority of lot sizes determining the
standard.
iii. All two-story, single-family detached buildings shall comply to the
following development standards:
a. Minimum front yard, 20 feet;
b. Minimum rear yard, 25 feet;
c. Minimum side yard, 15 feet;
d. Maximum building coverage, 25 percent.
e. Second-story windows facing side yards of single-story homes
shall be 5' 8" minimum in height from floor.
f. All two-story, single-family homes shall be compatible with
surrounding uses.
11. Minimum separation between sides of buildings. For single-story, single-family
detached buildings there shall be a minimum of 10 feet between sides. For two-
story, single-family detached buildings there shall be a minimum of 30 feet
between two-story elements.
12. Minimum common open space.
i. Projects of less than 7 dwelling units per acre shall have a minimum
common open space of 40 percent of the net area.
ii. Projects of 7 to 18 dwelling units per acre shall have a minimum common
open space of 30 percent of the net area.
iii. At least 50 percent of all required common open space shall be
approximately level, defined as not more than 13.5 percent grade.
iv. 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.
10-121aPag Chapter 25 . 10 Residential l District
ORDINANCE NO. 1259
v. Common open space shall not include public or private streets,
driveways, private yards, or patios and parking areas.
13. Building height. The maximum building height in a PR district shall be 24 feet or
two-story, whichever is less.
14. Maximum dwelling units per building. The maximum number of dwelling units per
building shall be as approved.
15. Required width of private roads. With no parking, the private roads shall be 30
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.
16. RV Park Standards. The following standards apply to recreational vehicle parks:
i. Minimum project size of 5 acres;
ii. Maximum density of 12 spaces per acre;
iii. Minimum space area of 1,500 square feet, minimum dimension 30 feet by
50 feet;
iv. Minimum 40 percent common open space/recreation area;
v. Front project setback adjacent to public street of 25 feet with combination
of 6-foot masonry wall and landscaping to screen all recreation vehicles;
vi. Interior property lines to be bounded by 6-foot masonry wall and at least
10 feet of landscaping;
vii. Projects may be single-use or developed as part of a larger resort or
residential development;
viii. RV parks shall be taxed as a transient occupancy use;
ix. Permitted Accessory Uses. Private recreational facilities and limited
commercial directly associated with primary use as approved by
Commission.
17. 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
10-131 ;E , Chapter 25AO Residential Districts
ORDINANCE NO. 1259
Street Type Setback Distance
Freeway 50 feet
Major 32 feet
Arterial 32 feet
Collector 25 feet
Local 25 feet
18. Two-story, single-family detached building setbacks from project perimeter:
i. The minimum setback shall be 100 feet or one lot depth, whichever is
more.
ii. The Commission may waive interior setback requirements when adjacent
developments are planned simultaneously.
19. Approval criteria. The Commission and/or Council may approve a development
plan only after finding that the requirements of this title and other ordinances
affecting the property have been satisfied. In granting such approval, the Council
may impose and enforce such specific conditions as to site development,
phasing and building construction, maintenance and operation as it deems
necessary to carry out the purposes of this title and the General Plan. All
development within the PR district shall comply with the development plan as
approved and adopted by the Council.
• 10-14IPage Chapter 25. 10 Residential Districts
Mill
ORDINANCE NO. 1259
Table 25.10-3:Residential Zoning District Development Standards
RE3 R-13
Measurement/Zoning District >15,000 sf,but R-2 R-3 R-1M1 HPR4
<-1 ac 215,000 sf <_10,000 sf <10,000 sf
Residential Density
Density(du/ac),min - - - 1 - - - 7 1/5 ac
Lot Dimensions
Lot size,min 40,000 sf 15,000 sf 10,000 sf 8,000 sf 8,000 sf 10,000 sf 20 ac/5,000 -
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' 70' 90' 500' -
Lot depth,min 200' 125' 100' - 100' 100' - -
Setbacks ,_,
Front yard,min 30' 25' 20' 20' 15' 15' 20'/5' -
Side yard,min 15' 15' 8' 5i7 5'7 8' 10'/5' -
Each side,min 15' -- -- -- - - - -
Combined both sides,min - - 20' 14'° 14'8 20' - -
Street side yard,min - 15' 15' 10' 10' 10' 20'/-- -
Rear yard,min 50' 20' 20' 15' 20' 10' 10'/5' -
Residential accessory structures See Section 25.40.050(Accessory Structures)-Roof Decks Prohibited
Coverage
Lot coverage,max percentage of lot area 30% f 35%2 35%2 35%2 50% 50% - 35%
Building Measurements
Height,max 15'(18'ARC) 15'(18'ARC) 15'(18'ARC) 15'(18'ARC) - I - 18',1 story -
Flat roof height,max - - - - 22' 22' - -
Pitched roof height,max - - - - 24' 24' -
Within 120'of R-1 district,max - - - - 18',1 story 18',1 story - -
Dwelling unit size,min 2,000 sf 1,250 sf 1,000 sf 1,000 of - - - -
Dwelling unit size,max - - - - - - - 4,000 sf
Site area per dwelling unit,min - - - - 4,000 sf 2,500 sf - -
Building pad area,max - - - - - I - - 10,000 sf
Open Space
Group usable open space per dwelling unit,min - - - - 300 sf - -
Notes
1. The dimension requirements included in this wham apply to a manufactured hone park prided sites as well as individual saes wothln 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 reap and not necessarily the physical Id size of a property.Confirm standards with Department staff for correct zoning designation of lot Sze development standards.
4. Hillside Development Plan approval process in Section 25.78.020
5. 10 feet side yard setback required for comer lot,as well.
5 The standards end guidelines presented in this section provide design criteria far the achievement of functional and atfracthre developments that fit within the context of the City of Palm Desert.Exceptions to the criteria contained within the Development Plan may be appropriate with the application of innovative and
unique design techniques In keeping with the character enNsloned at the time of approval.
7. Setbacks within the Palm Desert Country Club In R-1 and R-2 would 5 feet for sideyard rein
8 Setbacks within the Palm Desert Country Club in R-1 end R-2 would have a combined setback of 10 feet(See Figure 25 10-1 Palm Desert Country Club Setbacks
10-15I =- Chapter 25.10 Reslzterrtia3 Districts
ORDINANCE NO. 1259
[This page has been intentionally left blank.]
10.16IPage Chapter 25.f0 Residential Districts - - - -
ORDINANCE NO. 1259
Figure 25.10-1 Palm Desert Country Club Setbacks
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---- City Boundary
R-1 and R-2 Parcels within the Palm Desert Country Club
__Palm Desert Country Club
I
10-171rage Chapter 25. 10 Residential Districts
ORDINANCE NO. 1259
Chapter 25.16 — Commercial and Industrial Districts
Sections in This Chapter
25.16.010 Purpose 16-1
25.16.020 Characteristics of the Commercial and Industrial Districts 16-1
25.16.030 Allowed Land Uses and Permit Requirements 16-2
25.16.040 Specific Use Standards 16-5
25.16.050 Development Standards 16-6
25.16.010 Purpose
The purpose of this chapter is to establish commercial and industrial zoning districts in the City,
along with allowed use and development standards applicable to those districts. These districts
are consistent with and implement the City's General Plan residential land use categories as
indicated in Table 25.04-1 (Zoning Districts).
25.16.020 Characteristics of the Commercial and Industrial Districts
The following descriptions of each district identify the characteristic uses, intensity of uses, and
intended level of development.
A. Office Professional (OP). This district is intended for low-intensity business, office,
administrative, and/or professional land uses. When properly located and designed,
these uses are compatible with adjacent residential areas.
B. General Commercial (C-1). The purpose of the C-1 district is to provide a principal core
area where a series of specialty and general commercial shopping facilities serve the
needs of a resort community and City residents.
C. Planned Commercial (PC). This district provides for flexibility in development, for
creative and imaginative design, and for the development of parcels of land as
coordinated projects to provide a range of commercial centers, as follows:
1. Specialty Commercial Center (PC-1). The specialty center provides the
specialized needs of locations in the City created by their proximity to particular
land uses.
2. District Commercial Center (PC-2). The district center provides convenient
shopping opportunities outside of the core commercial area. Future development
in the City will occur largely as a series of planned residential developments and
neighborhoods. The integration of small-scale commercial uses into planned
residential developments is recommended as desirable in relation to providing a
distinct identity to various residential areas and increasing the convenience of
commercial facilities to the market they most directly serve.
3. Regional Center (PC-3). The regional center provides a unified area for
commercial uses which offer a wide range of goods and services, including
16-11 Chapter 25. 16 Commercial anti Industrial Districts
ORDINANCE NO. 1259
comparison and convenience shopping, major financial and administration
center, entertainment, and cultural and recreational uses.
4. Resort Center (PC-4). The resort center concept is to provide for the
development of hotel, entertainment, and restaurant facilities with related
commercial uses, particularly for the area along Highway 111, westerly of the
Palm Valley Channel.
D. Service Industrial (SI). This district allows for the manufacture, distribution, and service
of products intended for use within the City and adjacent communities. Large-scale and
more intense industrial uses would not be consistent with the residential, resort, and
recreational character of the community.
E. Planned Industrial (PI). This district provides for a mixture of light industrial, research,
and community facility uses, both public and private. The PI district is further intended to
provide for the optimum integration of urban and natural amenities within developments.
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 the 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 that use type are located within this ordinance.
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).
16-2IPagcChapter 25. 16 Commercial and Industrial Districts
ORDINANCE NO. 1259
Table 25.16-1: Use Matrix for Commercial and Industrial Districts
Commercial/Industrial District
Special Use
(P=Permitted;A=Administrative Use Permit; Provisions
C=Conditional Use Permit; N=Not Permitted)
OP C-1 PC-1 PC-2 PC-3 PC-4 SI PI
Residential Uses
Caretaker housing NNNNNNP P 25.16.040.A
Condominium C C CC N C C N 25.16.040.B
Dwelling, duplex C C CC N C C N 25.16.040.B
Dwelling, multifamily C C CC NCC N 25.16.040.B
Dwelling, single-family C C CC N C C N 25.16.040.E
Group home C C CC N CC N 25.16.040.E
Single-room occupancies NNNNNNCC
Homeless Shelter NNNNNNP P
Recreation,Resource Preservation,Open Space, and Public Assembly Uses
Amusement facility, indoors NNNP PNNN
Amusement facility, outdoors NNNPPNNN
Community facility NNNNNNP P
Day care center N C C C C C N N
Emergency shelters NNNNNNP P
Entertainment facility, indoor NNNNP PNN
Entertainment facility,outdoor NNNNP PNN
Institution,educational CNCCCNCC
Institution,general CNCCCNCP
Institution, religious CNCCCNCC
Mechanical or electronic games, <_4 N PNPP NNN
Mechanical or electronic games, >_5 N Cl N A A N N N
Open space(developed or natural) NNNNNNNP
Recreation facility, commercial NNNP PNNN
Recreation facility, private NNNP PNNN
Theater/auditorium NNNPPNNN
Utility,Transportation, Public Facility, and Communication Uses
Commercial communication tower CCCCCCCC 25.16.040.0
Commercial parking lot C P NNNNNN
Public utility installation NCNNNNP P
16-3lPage Chapter 25, 16 Commercial and Industrial Districts
ORDINANCE NO. 1259
Commercial/Industrial District
Special Use
(P=Permitted; A=Administrative Use Permit; Provisions
C=Conditional Use Permit; N=Not Permitted)
OP C-1 PC-1 PC-2 PC-3 PC-4 SI PI
Public facility(utility or service) NNNNNNPN
Utility facility NNNCNNPP
Retail,Service,and Office Uses
Adult entertainment NNNNNNP N 25.16.040.D
Ancillary commercial A NPNNNNP 25.16.040.E
Art gallery A PPP P P C N
Art studio A PNPPPCN
Bed and breakfast NCCCCCNN
Business support services NNNNNP N N
Convention and visitors bureau NPPPNPNN
Drugstore N PPP PNNN
Financial institution C P PPP NNN
Grocery store NCNP P N N N 25.16.040.F
Health club,gyms or studios N C1 N P P P C N
Hotel NCPPNPNN
Liquor store NPPPPNNN
Liquor, beverage and food items N P PPP PNN
shop
Medical,clinic P PNPPNNN
Medical, office P P PP PNNN
Medical, hospital NPNNNNCC
Medical, laboratory PNNNNNPP
Medical office, accessory NNNNNNPP 25.16.040.G
Medical, research facility NNPNNNCC
Mortuary N C N N N N P P
Office, professional P PNPPPPN
Office, local government P PNNNNPP
Office,travel agency PPNPPPNN
Outdoor sales N Ct N A A A A N
Personal services NPNNNPNN
Restaurant N Cl N C C P C N 25.16.040.H
Retail N P PP P P N N
16-41Page Chapter 25. 16 Commercial and Industrial Districts
ORDINANCE NO. 1259
Commercial/Industrial District
(P=Permitted;A=Administrative Use Permit; Special Use
C=Conditional Use Permit;N=Not Permitted) Provisions
OP C-1 PC-1 PC-2 PC-3 PC-4 SI PI
Retail, bulky items NPNPPPNN
Spa NPNNNPNN
Time-share project NCCCCCNN
Automobile and Vehicle Uses
Automotive rental agency NPNNNP P N
Automotive service station NCNCCNCN
Vehicle service and storage facility NNNNNNP P 25.16.040.1
Industrial, Manufacturing,and Processing Uses
Industrial planned unit development NNNNNNP P
Light industrial and research and NNNNNNP P
development
Maintenance facility NNNNNNP P
Pest control facility NNNNNNP P
Preparation of foodstuffs NNNNNNP P
Production of home and office NNNNNNPP
decor accessories
Warehouse or storage facility NNNNNNP P
Temporary Uses
See Section 25.34.080
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.
25.16.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.16-1 (Use Matrix for
Commercial and Industrial Districts):
A. Caretaker housing. Permitted only when incidental to and on the same site as a
permitted or conditional use.
B. Residential (mixed use). Residential uses may be established and maintained to be
compatible with the permitted or the approved conditional uses in the vicinity.
C. Commercial communication tower. All communication towers and antennas shall
satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna
Regulations).
D. Adult entertainment. All uses defined as adult entertainment are required to meet the
provisions established by Section 25.34.110 (Adult Entertainment Establishments).
16-5lPage Chapter 25. 16 Commercial and industrial Districts
ORDINANCE NO. 1259
E. Commercial (ancillary). Applicable only to office complexes that occupy a minimum of
two acres. Restaurant uses shall not exceed 10 percent of the gross leasable floor area
and the total ancillary commercial uses, including restaurants, shall not exceed 25
percent of the gross leasable floor area of the complex.
F. Grocery stores. Limited to a maximum building size of 60,000 square feet in PC-3.
G. Medical services, acessory. Permitted only when ancillary to and in conjunction with
the operation of a hotel.
H. Restaurants. With the exception of the Freeway Commercial Overlay, drive-in and
drive-through facilities are prohibited.
I. Vehicle service and storage facility. The storage facility must be completely screened.
25.16.050 Development Standards
The development standards included in Table 25.16-2 (Commercial and Industrial District
Development Standards) are applicable to the commercial and industrial districts. These
standards, along with other development standards (e.g., landscaping requirements, signs, and
parking standards) in this 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-
2 (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 greater of the
setback requirement listed in Table 25.16-2 (Commercial and Industrial District
Development Standards), or as listed in subsection B. below (building setbacks
from planned street line), or one foot of setback for every foot of building height
measured from the ultimate curb location.
2. On corner lots in the PC zone districts, buildings shall be set back from the
corner the greater of the setback requirements on Table 25.16-2 (Commercial
and Industrial District Development Standards), or as listed in subsection B.
below (building setbacks from planned street line), or a minimum of 2 feet for
every foot of building height and shall not encroach into the daylight triangle
defined below. Said setback shall be measured from the ultimate curb location.
Said building height shall be measured from adjacent curb height.
3. Daylight triangle means the triangular area formed by the ultimate curb lines and
a base line connecting the two curb lines. The base line shall be established at a
setback distance of 2 feet for each foot of building height measured from the
midpoint on the radius of the curb at the intersection to form a right angle with the
base line.
4. Buildings or portions of buildings on corner lots falling outside of the daylight
triangle shall be set back the greater of the setback requirements listed in Table
16-61 ag ' Chapter 25. 16 Commercial and Industrial Districts
ORDINANCE NO. 1259
25.16-2 (Commercial and Industrial District Development Standards), or as listed
in subsection B. below (building setbacks from planned street line), or a minimum
of 1 foot of setback for each foot of building height measured from the ultimate
curb location.
5. On lots where the City has vacated right-of-way in favor of a super block
development concept, new buildings shall not encroach into the vacated property
and shall be set back as if the former property line was still in existence. Where
the City wishes to acquire property to implement a super block concept, said
acquisition shall be accomplished through purchase of the needed property
rather than the trading of development rights.
6. For purposes of this section, ultimate curb location means the curb location when
the street is constructed to its ultimate width as shown in the circulation element
of the General Plan.
B. Special Standards within Planned Commercial (PC) districts. The minimum setback
within the PC district shall be the designated distances from the ultimate right-of-way line
of the streets hereinafter specified unless otherwise provided in this section or in the
approved precise plan:
1. 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
Collector 25 feet
Local 25 feet
2. 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 General Commercial (C-1) district.
1. All uses shall be conducted wholly within enclosed buildings except those
specifically approved to be conducted in the open.
2. Where the general commercial district abuts 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 general commercial district property lines adjoining a
residential district shall be landscaped with plant materials for an area 10 feet in
depth.
16-7lPage Chapter 25. 16 Commercial and industrial Districts
ORDINANCE NO. 1259
3. All non-paved areas shall be landscaped and treated or maintained to eliminate
dust.
4. The noise level emanating from a commercial use or operation shall not exceed
5 dB (A) above the ambient noise level on the site. If the commercial use is
adjacent or across a street or alley from a residential use or vacant residentially
zoned lot and the increased ambient noise level is above 65 dB (A) CNEL at the
residential lot line, the commercial operator shall provide mitigation of the noise
by 5 dB (A) or so that ambient noise level is no higher than 65 dB (A) CNEL.
D. Special standards within the Service Industrial (SI) district.
Sound 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 25.16-2 and
the following standards:
Table 25.16-3: Maximum Permitted Decibels
Octave Band in Cycles- Adjacent Residential District Lot Line of Use in the SI
Second(decibels) Boundaries(decibels) 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 .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 .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.
16-8lPage Chapter 25. 16 Commercial and Industrial Districts
ORDINANCE NO. 1259
5. Storage of refuse, trash, rubbish, or other waste material outside a permanent
building shall be kept in enclosed containers in areas other than the front and
side yards.
6. Lighting, including spotlights, floodlights, electrical reflectors, and other means of
illumination for signs, structures, landscaping, parking areas, loading and
unloading areas, and the like shall be focused, directed, and so arranged as to
prevent glare or direct illumination on streets or adjoining property.
7. Unless specific additional uses are permitted by the certificate of occupancy, the
use of radioactive materials within the SI district shall be limited to measuring,
gauging and calibration devices, as tracer elements, in x-ray and like apparatus,
and in connection with the processing and preservation of foods. In no event
shall radioactivity, when measured at each lot line, be in excess of 2.7 x 10-11
microcuries 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. (Ord. 96 § 1, 1975,
Exhibit A § 25.20-7.16)
E. Special standards within the Office Professional (OP) district.
1. When adjacent to single-story residential, the rear and interior 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: No second-story windows allowed with open views to
adjacent single-story residential zones.
16-9page Chapter 25. 16 Commercial and Industrial Districts
ORDINANCE NO. 1259
Table 25.16-4: Commercial and Industrial District Development Standards
Commercial/Industrial District
OP C-1 PC-11 PC-21 PC-31 PC-41 SI PI
Lot Dimensions
Lot size, min 15,000 sf 10,000 sf 4 ac 5 ac 35 ac 4 ac 20,000 sf 5 ac
Lot size, max None No max 10 ac 15 ac None None None None
Lot width, min 70' 80' None None None No min 100' 100'
Lot depth, min 140' 100' None None None No min 100' 100'
Setbacks2
Front yard, min 12 ave 15 5 — — — 30' 20' 30'
Side yard, min 0'/20' 3'4'7 - 0'/20'3'4 0'/20'3'4 - 15' 0'/10'5 0'/30'6
Street side yard, min 12 ave 15 5 — — — — 10' 30'
Rear yard, min 0'/20' 3'4 - 0'/20'3'4 0'/20'3'4 - 20' 0'/25'5 30'
Coverage
Lot coverage, max percent of lot 50% No max 40% 50% 40% — — 50%
area
Building Measurements
Height, max 18' to 25'' 30' 25, 2 30' 35' 35,8 30', 2 35', 2
stories stories stories
Building size, max9 — — 30,000 sf 40,000 sf — — — —
Landscaping
Required landscaping, min 15% 15% 20% 20%10
percentage of lot area — —
16-101Page Chapter 25. 16 Commercial and Industrial Districts
IIIII MI
ORDINANCE NO. 1,259
Commercial/Industrial District
OP C-1 PC-11 PC-21 PC-31 PC-41 SI PI
Depth of landscaping in street 10' 20' 30' 10' — —
setback area, min
Private Road Width
No parking, min — — — — — — 46'
Parking on 1 side, min — — — — — — 56'
Parking on both sides, min — — — — — — 66'
Notes:
1. Development standards maybe 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 zero.
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 two times the building's height.
5. When an SI zone is adjacent to or across the street from residentially zoned property,the minimum side setback is10 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 E(Additional Setback in OP District).
8. Within 100 feet of single-family residential zoned property, the height limit is 30 feet.
9. This standard refers to the maximum area for any single commercial enterprise.
10. 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.
16-11IPa . Chapter 25. 16 Commercial and Industrial Districts
ORDINANCE NO. 1259
I
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ORDINANCE NO. 1259
Chapter 25.22 — Special Districts
Sections in This Chapter
25.22.010 Purpose 22-1
25.22.020 Characteristics of Special Districts 22-1
25.22.030 Allowed Land Uses and Permit Requirements 22-1
25.22.040 Development Standards 22-3
25.22.050 Study District 22-4
25.22.010 Purpose
The purpose of this chapter is to establish zoning districts in the City specifically reserved for
public, institutional, and open space use and to provide a list of permitted uses and general
development standards. These districts are consistent with and implement the City's General
Plan as indicated in Table 25.04-1 (Zoning Districts).
25.22.020 Characteristics of Special Districts
The following descriptions of each residential district identify the characteristic uses, intensity of
uses, and level of development intended for that district.
A. Public/Institutional (P). The purpose and intent of the P district is to provide for the
orderly establishment of public facilities, expansion of their operations, or change in the
use of lands owned, leased, or otherwise controlled by governmental agencies and for
the orderly establishment of quasi-public institutional uses.
B. Open Space (OS). The open space district is intended to provide for areas reserved for
parks, public or private recreation, open space and governmental public uses, or areas
where a hazard to the public may exist.
C. Study District (S). The purpose of the study district is to provide the opportunity for
review of areas where changing conditions or inadequacy of existing zoning regulations
indicate the need for special study and possible amendments to this title. Table 25.22-1
(Use Matrix for Special Districts) and Table 25.22-2 (Special District Development
Standards) do not apply within the study district. Provisions within 25.22.050 apply to
this district.
25.22.030 Allowed Land Uses and Permit Requirements
Table 25.22-1 (Use Matrix for Special Districts) identifies allowed uses and corresponding
permit requirements for the residential districts and all other provisions of this title. Use
regulations in the table are shown with representative symbol by use classification listing: "P"
symbolizes uses allowed by right, "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 Determination).
22-11Page Chapter 25 . 22 Special Districts
ORDINANCE NO. 1259
Table 25.22-1: Use Matrix for Special Districts
Key: Special Zoning Special Use
P=Permitted; A=Administrative Use Permit; District Provisions
C=Conditional Use Permit; N=Not Permitted) P OS
Residential Uses
Condominium' C N
Dwelling,duplex' C N
Dwelling, manufactured' C N
Dwelling, mobile home' C N
Dwelling, multifamily' C N
Dwelling,second' P N 25.34.030
Dwelling,single-family' C N
Farmworker housing' C N
Group home' C N
Planned unit development, residential' C N
Recreation,Resource Preservation,Open Space,and Public Assembly Uses
Apiary A P
Botanical conservatory A P
Cemetery C C
Community facility C P
Crops and horticulture, limited C P
Historic landmark P P
Institution,educational C C
Institution,general C P
Institution, religious C N
Kennel C N
Library A P
Nursery N P
Orchard N P
Public park C P
Recreation facility,commercial C C
Recreation facility, private C N
Recreation facility, public C P
Stable, boarding N C
Utility,Transportation, Public Facility,and Communication Uses
22-21Page Chapter 25. 22 Special Districts
ORDINANCE NO. 1259
Key: Special Zoning Special Use
P=Permitted;A=Administrative Use Permit; District Provisions
C=Conditional Use Permit; N=Not Permitted) p OS
Commercial communication tower C C Section 25.34.130
Electric substation C N
Fire station C P
Maintenance facility(public only) C C
Maintenance yard(public only) C C
Public service facility C P
Utility facility C C
Retail,Service,and Office Uses
Medical, hospital C N
Office, local government A P
Outdoor sales C N
Recording studio C N
Restaurant2 N P
Notes:
1. Government-supported,-funded and/or-operated only.
2.Recreation-oriented restaurants, eating and drinking places.
25.22.040 Development Standards
The development standards in Table 25.22-2 (Special District Development Standards) are
applicable to the special districts. These standards, along with other development standards
(e.g., landscaping requirements, signs, and parking standards) in this ordinance, are intended to
assist project designers in understanding the City's minimum requirements.
Table 25.22-2: Special District Development Standards
Special Zoning
District
P OS
Dimensional Requirements'
Lot area(minimum) None None
Yard requirements None None
Building height, max 35' 30'
Notes:
1.Additional requirements may be required as part of
conditional use permit or administrative use permit approval.
22-3lPage Chapter 25. 22 Special Districts
ORDINANCE NO. 1259
25.22.050 Study District
A. Purpose. The purpose of the study district is to provide the opportunity for review of
areas where changing conditions or inadequacy of existing zoning regulations indicate
the need for special study and possible amendments to this title.
B. Rezoning to study district. Any land may be rezoned to a study district according to
the provisions within Section 25.78.040 (Amendments — Zoning Ordinance), if the
Commission or City planning staff is conducting or will immediately initiate studies or
hearings which directly affect the development of the property.
C. Nonconforming uses. No use or structure occupying a site immediately prior to its
classification as a study district shall become nonconforming by reason of being
classified a study district.
D. Uses. No new use shall be permitted by this chapter, either as a permitted use or as a
conditional use. No structure may be altered or enlarged.
E. Time limitation. Any ordinance rezoning any property to a study district shall expire 12
months from the date of adoption. Notwithstanding, the ordinance establishing a study
district may establish an effective date of a lesser duration. Unless zoned to another
district before the date of expiration, the property so affected shall revert automatically to
the district or districts in which the property was included prior to being rezoned to the
study district.
22-4IPage Chapter 25. 22 Special Districts
ORDINANCE NO. 1259
Chapter 25.28 — Overlay Districts
Sections in This Chapter
25.28.010 Purpose 28-1
25.28.020 Senior Housing Overlay District 28-1
25.28.030 Medium/High Density Housing Overlay District 28-5
25.28.040 El Paseo Overlay District 28-8
25.28.050 Mixed Use Overlay District 28-9
25.28.060 Planned Community Overlay District 28-10
25.28.070 Freeway Commercial Overlay District 28-11
25.28.080 Scenic Preservation Overlay District 28-12
25.28.090 Drainageway, Floodplain, Watercourse Overlay District 28-13
25.28.100 Natural Factors/Restricted Development Overlay District 28-15
25.28.110 Seismic Hazard Overlay District 28-15
25.28.120 Bermuda Dunes Airport Area 28-15
25.28.010 Purpose
The overlay zoning districts established in this chapter are designed to supplement the use
regulations and/or development standards of the applicable underlying base zoning district by
recognizing distinctive areas of the City that have special and unique social, architectural, or
environmental characteristics which require special considerations not otherwise adequately
provided by the underlying base zone applicable to the property.
25.28.020 Senior Housing Overlay District
A. Purpose and applicability. The purpose of the Senior Housing Overlay (SO) district is
to provide optional standards and incentives for the development of a wide variety of
specialized housing designed for and restricted to residents over the age of 55.
Whenever the SO has been added to a base zone, the applicant may choose whether to
use the optional SO standards or the standards of the base zone.
B. Uses permitted by approved precise plan and conditional use permit. Uses
permitted by approved precise plan and conditional use permit shall be residential
retirement developments consisting of attached or detached units for rent or sale and
associated recreational facilities and involving varying degrees of support arrangements,
ranging from completely independent living to community food service and healthcare.
C. Development standards. Development standards shall be flexible to ensure efficient
site planning and neighborhood compatibility and to reflect the unique requirements of
senior citizens.
D. Density and intensity.
1. Due to smaller unit and household sizes, project density (units per acre) shall be
determined by intensity (persons per acre) and age.
2. Overall project population shall be calculated according to the following factors:
28-1IPage Chapter 25. 28 Overlay Districts
ORDINANCE NO. 1259
Table 25.28-1: Persons per Unit in Senior Housing
Unit Size Persons per Unit
Studio 1.25
One bedroom 1.75
Two bedroom 2.00
Figure 25.28-1: Height and Setback From R-1 Zone
R-1 Zone Senior Housing Overlay Zone
_ I _
18 max
20'min
22'max
I
50'min
24'max
120'min
3. Allowable Population/Gross Acre (P/A). Density shall be equal to P/A. The
maximum density shall vary with project site area. Projects on larger sites will be
allowed greater density due to increased opportunity for common open space
and site planning efficiencies of scale.
Table 25.28-2: Allowable Population per Gross Acre in Senior Housing
Project Site Area P/A
Less than 2.49 acres 30
2.5 to 9.99 acres 40
10 acres or more + 50
28-21 age Chapter 25. 28 Overlay Districts
ORDINANCE NO. 1259
4. Senior housing projects shall be divided into two age restriction classifications:
55 minimum and 62 minimum. Due to greater activity levels of age 55 projects,
allowable P/A shall be reduced by 25 percent.
5. Unit Sizes. Minimum allowable unit sizes in square feet (sf) shall vary according
to presence or absence of a common project dining facility. Each unit shall
contain, as a minimum, a kitchen including two burners, an oven, a
refrigerator/freezer, a sink, counter space, and storage.
Table 25.28-3: Unit Size in Senior Housing
Common Dining
Unit Size
With Without
Studio 360 sf 450 sf
One bedroom 500 sf 600 sf
Two bedroom 700 sf 800 sf
6. Example of Density and Intensity Calculations. The following table illustrates how
projects of different characteristics would calculate allowable density and
intensity limits:
Table 25.28-4: Examples of Density and Intensity Calculations
Project Permitted Unit Size
Size Permitted Population Units (assumes all 2 bedroom) (without common dining)
Age 55-62
Age 62+ Age 55-62 Age 62+
(25% reduction)
5 acres 150 200 (40 P/A) 75 100 800 sf
10 acres 375 500 (50 P/A) 188 250 800 sf
E. Height and setbacks.
1. Adjacent to R-2 and R-3 zones, the height restriction associated with those
zones shall apply.
2. Adjacent to R-1 zones, the following setback and height limitations shall apply:
28-3IPage Chapter 25. 28 Overlay Districts
ORDINANCE NO. 1259
Table 25.28-5: Height and Setback for Senior Housing
Minimum Setback Height Max.
20 feet 18 feet
50 feet 22 feet
120 feet 24 feet
3. The Commission and ARC shall pay special attention to second-story windows
facing the rear yards of R-1 properties to ensure privacy.
F. Accessibility.
1. All second-story units shall be serviced by elevators.
2. All common areas shall be wheelchair accessible.
3. Handicapped unit design shall meet requirements for state Title 24 handicapped-
access regulations.
G. Parking requirement.
1. Parking ratios based on age group shall be based on the following:
Table 25.28-6: Parking Required for Senior Housing
Age Minimum Parking Ratio
55 1.25 per unit
62 1.00 per unit
62+ 0.75 per unit'
1. With PC approval according to G.2.
2. Projects which by their design appeal to age categories significantly older than
age 62 may request reduced parking requirements if it can be demonstrated that
less demand will be generated. The Commission may reduce the parking
requirement to 0.75 spaces per unit if the project applicant demonstrates less
demand to the satisfaction of the Commission.
H. Affordability requirements. A portion of any project with 10 or more dwelling units shall
be reserved and made affordable to lower- and moderate-income residents.
1. For projects between 10 and 99 units, 10 percent of the units shall be affordable
to lower-income residents and 10 percent to moderate-income residents.
2. Projects with 100 or more units shall be required to provide an additional 5
percent affordable to very low-income residents.
28-4IPage Chapter 25. 28 Overlay Districts
ORDINANCE NO. 1259
3. The total number of these controlled units shall not exceed the additional units
allowed by the SO district or the density allowed by the base zone.
4. The applicant shall be responsible for proposing the methods to achieve the
program goal, which may vary depending upon the nature of the housing and the
degree of additional services provided.
5. The Commission shall have flexibility in reviewing and approving innovative
proposals.
I. Very low, lower, moderate income defined. Very low income shall be equivalent to 50
percent of median income; lower income, 80 percent of median; and moderate income,
100 percent of median as shown on the latest US Department of Housing and Urban
Development (HUD) estimates for the Riverside/San Bernardino area or on other, more
specific HUD estimates for senior citizens.
J. Projects approved under this section must be used solely for senior citizen housing
unless special approval is granted by the Council.
K. The applicant shall, as a condition of approval, submit a maintenance bond to ensure
exterior maintenance for a period of time satisfactory to the City.
25.28.030 Medium/High Density Housing Overlay District
A. Purpose. The purpose of the Medium/High Density Housing Overlay (MHDO) district is
to provide the opportunity for the development of higher density residential projects in
portions of the University Park Area designated Medium Density Residential (R-M) in the
General Plan, provided the standards set forth in this Chapter are met. This overlay
district also includes Medium Density Development Guidelines for medium density
residential land use projects.
Wherever the MHDO has been applied to a property in the Planned Residential (P.R.-5)
zone within the University Park Area, an applicant may request the application of MHDO
standards to the project or may propose development consistent with the standards of
the base zone. Properties within the P.R.-5 zone qualify for densities of up to 5 units per
gross acre, but can achieve greater densities through inclusion of affordable units. With
the application of the MHDO, densities could range from 10 to a maximum of 22 dwelling
units per acre, based on factors set forth in this Chapter.
B. Precise plan for higher densities. Higher densities pursuant to the MHDO may be
requested by applying for approval of a Precise Plan. In addition to meeting the criteria
for the Precise Plan, the application must demonstrate compliance with the standards for
the P.R.-5 zone and standards contained within this section. The appropriate level of
density between 10 and 22 dwelling units per acre will be determined in part based on
the standards of this section.
C. High density housing development standards. The development standards set forth
herein are flexible in order to insure a balanced mix of residential densities in the
University Park Area. The goal of these development standards is to improve pedestrian
access to commercial services, public transit, schools, and parks, while also insuring a
mix of densities and affordability levels in the University Park Area.
28-51 .:'age Chapter 5. 28 Overlay Districts
ORDINANCE NO. 1259
1. Percentage of units available for homeownership. In determining the appropriate
density for a project under the MHDO, the City shall consider the percentage of
units that will be available for occupant ownership. Projects that provide for
ownership of more than 50 percent of the dwelling units shall generally be eligible
for densities on the upper half of the density scale allowed under the MHDO.
Projects that provide for ownership of less than 50 percent of the dwelling units
shall generally be eligible for densities on the lower half of the density scale
allowed under the MHDO.
2. Proximity to public transportation. In determining the appropriate density for a
project under the MHDO, the City shall consider proximity to public
transportation. Properties that are closer to major public transit corridors
(primarily along Cook Street) should be eligible for higher densities under the
MHDO than projects located away from transit facilities.
3. Proximity to schools, parks, and commercial services. In determining the
appropriate density for a project under the MHDO, the City shall consider
proximity to schools, parks, and commercial services. Properties located closer
to areas zoned for "Open Space — Parks," "Regional Commercial." "Community
Commercial," and "Public Facility/University" should be eligible for higher
densities under the MHDO than projects located farther away from such
properties.
4. Percentage of units reserved as affordable. If the developer seeks higher density
pursuant to the MHDO, the entirety of the project shall be made affordable to
very low-, low-, or moderate-income residents, or any combination thereof. The
developer shall agree to record any and all affordability restrictions against the
property as deemed necessary by the City to ensure continued affordability.
Affordability restrictions for rental properties must remain in place for a minimum
of 55 years.
5. Landscaped open space integral to high density development. In determining the
appropriate density for a project under the MHDO, the City shall consider
whether the property exceeds landscaping requirements. Properties that
demonstrate the following should be eligible for higher densities under the
MHDO:
i. Water efficiency measures that exceed current Municipal Code
requirements;
ii. Dedication of areas to landscaped parkways, project perimeters, or both,
in excess of current Municipal Code requirements;
iii. Landscaping in internal areas of the project in excess of the minimum
requirements of the Municipal Code; and
iv. Inclusion of recreational spaces, such as private yards, public pocket
parks, or other such amenities, in excess of the minimum requirements of
the Municipal Code.
28-61 ,j , Chapter 25. 23 Overiay Districts
ORDINANCE NO. 1259
6. Consistency with community design element. Applications for approval of higher
densities pursuant to the MHDO demonstrate consistency with the Community
Design Element of the General Plan.
7. Potential fiscal impact of high-density development. Application for approval of
higher densities pursuant to the MHDO shall be accompanied by a project pro
forma, which shall include all costs of development, internal rates or return, and
anticipated sales or rent structures.
8. Water supply and efficiency. In determining the appropriate density for a project
under the MHDO, the City shall consider the sufficiency of water supply for the
proposed development. Project that incorporate water conservation measures,
including, but not limited to, "blended" water systems, on-site recycling, use of
gray water for landscaping irrigation, and water efficient fixtures, should be
eligible for high densities under the MHDO than projects with less water efficient
features.
9. Energy efficiency. In determining the appropriate density for a project under the
MHDO, the City shall consider energy efficiency. Projects that incorporate energy
efficiency measures exceeding the requirements in Section 23.40 of this
Municipal Code should be eligible for higher densities under the MHDO than
projects that incorporate less efficient features. All projects shall explore the use
of alternative energy sources, including solar energy systems.
10. Air quality. Projects seeking higher density pursuant to the MHDO shall utilize, to
the extent feasible, low volatile organic chemical (VOC) adhesives, sealants,
paints, coatings and carpet systems.
D. Medium density development guidelines. The medium density development
standards set forth herein provide design criteria for the achievement of functional and
attractive developments that fit within the context of the City. This overlay may be
applied to areas designated as medium density or higher in the General Plan.
1. Medium density development standards are as follows:
Table 25.28-7: Medium Density Development Standards
Measurement Standard
Average Lot Size 3,500 sq. ft.
Minimum Lot Size 3,000 sq. ft.
Lot Coverage (Main Structure) 50%
Front Yard Setbacks (minimum):
Main Residence:
Main Living Area 15 feet
Open Porch 10 feet
Garage (front access, where provided) 20 feet -from back of sidewalk
Garage (side-in access) 10 feet - from back of sidewalk
Rear Yard Setback 20 feet
28-7IPage Chapter 25. 28 Overlay Districts
ORDINANCE NO. 1259
Side Yard Setback:
Interior 5 feet I 0-feet for garage
Corner I Street 10 feet
Garage Same as house
Building Height:
Primary Structure 18 feet/one story,24feet/two stories
Accessory Structure 18 feet (main building envelope)
2. Exceptions. Exceptions to the criteria contained within the Development Plan
may be appropriate with the application of innovative and unique design
techniques in keeping with the character envisioned at the time of approval.
E. Increased density allowances. Subject to a conditional use permit, a residential
density of up to 22 dwelling units per acre may be permitted with the MHDO district. In
addition to the required findings for a conditional use permit, the following findings must
also be made:
1. The mix of residential product type, residential tenure (rental or ownership units),
and percentage of affordable units are appropriate for the neighborhood.
2. Unless age-restricted as a retirement community, the development must have
practical access to public transportation, employment, commercial services,
schools, parks, and non-motorized transportation.
3. The site design, architecture, and use of open space quality of the project must
be equal to or greater than surrounding properties.
4. The project will not place an undue fiscal burden on municipal services.
F. Uses. Any permitted or conditional use which is allowed within the base district shall be
allowed, subject to the increases in densities provided within the overlay district.
25.28.040 El Paseo Overlay District
A. Intent and purpose. El Paseo is designed as a pedestrian specialty retail/personal
services district. The success of a pedestrian commercial district is dependent upon the
creation and maintenance of a continuous succession of diverse but compatible
businesses which attract and sustain pedestrian interest. To encourage this continuous
pattern of pedestrian-oriented uses, this chapter shall regulate the type of new uses
which may occupy El Paseo street-level commercial frontage constructed after July 1,
1987.
B. Permitted uses. The following retail/personal service uses shall be liberally construed to
be permitted uses within the El Paseo pedestrian commercial overlay:
1. Art galleries
2. Book and card shops
28-8 1 > Chapter 25. 28 Overlay Districts
ORDINANCE NO. 1259
3. Clothing and apparel shops
4. Furniture stores and home furnishings
5. Gift and accessories boutiques (including small antiques)
6. Jewelry shops
7. Liquor, beverage, and food item shops
8. Luggage shops
9. Personal care/products shops and services (including barbering and
cosmetology)
10. Restaurants
11. Sundries shops (general merchandise)
C. Conditional uses. The Commission may, by conditional use permit, approve
commercial uses not listed above if they are determined to be compatible with the intent
and purpose of this chapter.
25.28.050 Mixed Use Overlay District
A. Purpose and intent. The purpose of the Mixed-Use Overlay (MU) district is to provide
special flexibility within areas zoned for commercial or office development to allow for the
addition of residential development. All base zoning district listed in Chapter 25.16
(Commercial, Office and Industrial Districts) are eligible for the MU overlay.
B. Applicability. The MU district applies to areas of the City indicated on the zoning map
by the reference letters "MU" after the reference letter(s) identifying the base zoning
district.
C. Development standards. The following provisions are applicable to properties
designated MU:
1. Residential density shall be permitted up to 24 dwelling units per net site acre (in
addition to any commercial square footage).
2. Residential units may be provided in addition to other development permitted or
conditionally permitted on the project site.
3. Residential units may be provided on upper levels of commercial and/or office
buildings or may be located in a separate building adjacent to commercial and/or
office structures.
4. An additional 12 feet of building height above the specified height limit is
permitted within the applicable zoning district.
28-9l c, .w Chapter 25 . 28 Overlay Districts
ORDINANCE NO. 1259
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 Development Plan as
outlined in Section 25.72.040 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, his or
her authorized agent, or the purchaser of the land with the consent of the owner. The
application shall be prepared by a qualified team of professionals and accompanied by
the required application form, master plan, submittal materials, and other information as
required by the Director.
D. Procedure.
1. Upon receipt of a complete application for an overlay zone, the Department shall
review the application materials and prepare a recommendation to the
Commission.
2. The Commission shall hold a public hearing on such application. If it finds the
criteria set forth in this chapter have been met, it may establish the overlay zone
subject to such conditions as it deems necessary. The Commission may deny
the application if it finds any of the criteria have not been met, or that the
approval of the application would be detrimental to the public peace, health,
safety, or welfare.
3. Planned community development applications shall be forwarded along with the
community master plan to the Council. The Council shall hold a public hearing
and either approve, conditionally approve, or deny the community master plan.
The decision of the Council shall be final.
28-101Page Chaptcr 25 _ 28 OverI3y District
ORDINANCE NO. 1259
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 the zone.
2. An extension of time, not to exceed one year, may be granted by the
Commission when extenuating circumstances can be clearly shown by the
applicant. The request for an extension of time shall be submitted to the
Commission in writing prior to the expiration date and shall clearly state the
reasons why the physical development of the district has not commenced and
such overlay zone has not been utilized.
3. Partial physical development within the overlay and/or master plan is considered
sufficient to maintain the overlay zone designation, and action by the Council in
the form of a zoning amendment is required to alter the boundaries, master plan,
or development standards.
25.28.070 Freeway Commercial Overlay District
A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone
(FCOZ) district is to provide optional standards and incentives for the development of a
variety of commercial uses. Whenever the FCOZ has been added to a base zone, the
owner/applicant may choose whether to use the optional FCOZ standards or the
standards of the base zone. In order to obtain approval of uses only permitted in the
FCOZ, the project must utilize FCOZ standards.
B. Conditional uses. Uses permitted by approved conditional use permit shall be as
follows:
1. Restaurants, general, including drive-through restaurants
2. Automobile service stations without regard to the required separation distance
provisions per Section 25.34.090 (Automotive Service Stations)
3. Convenience stores
4. Car washes
5. Combinations of two or more of the above uses
6. Hotel
7. Commercial recreation and amusement establishments
8. Mini storage
9. Outdoor recreational vehicle and boat storage
28-11I a<ra Chapter 25 . 28 Overlay Districts
ORDINANCE NO. 1259
C. Development standards. Projects proposed under this chapter shall be master planned
and the master plan shall be approved by the Commission prior to any construction
activity. The master plan approval is subject to the following:
1. Development of individual projects within the approved master plan shall be
processed through the precise plan process.
2. Property to be master planned shall be at least 5 acres in size and shall have
frontage on a designated arterial street.
3. Drive-up lanes and window facilities shall be designed in a manner that they are
not visible from an arterial street.
4. Development standards shall generally be flexible to ensure efficient site
planning and to foster the creation of attractive developments.
5. Automobile service stations shall comply with the requirements of Section
25.34.090 (Automotive Service Stations).
D. Required on-site parking. The required number of parking spaces for a combined
development shall be cumulative for all proposed uses. The Commission may reduce
the required parking where it is clearly demonstrated that a shared use will occur (i.e., a
restaurant which serves a hotel), or with a showing of good cause, the Commission may
increase the number of parking spaces required.
E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile service
stations pursuant to Section 25.34.090 (Automotive Service Stations).
F. Landscaping. All master planned projects approved through the FCOZ process shall
provide a minimum of at least 30 percent landscaped open space, of which at least half
of the common usable public space can include a picnic area, a dog park, or a kids land,
as well as landscaped setback areas. With a showing of good cause, the Commission
may decrease the minimum landscaped open space requirement.
25.28.080 Scenic Preservation Overlay District
A. Purpose. It is the purpose of the Scenic Preservation Overlay (SP) district to designate
those scenic corridors that have a special aesthetic quality and to provide the
opportunity for special standards for development in these areas to protect that quality.
This district and the related provisions may be applied according to the procedures
established in Section 25.78.030 (Amendments—Zoning Ordinance).
B. Permitted and conditional uses. Any permitted or conditional use which is allowed
within the base district requires the review and approval of the ARC which shall have
taken specific notice of the fact that such development is within a scenic corridor as
noted within the City's General Plan.
C. Development standards. At a minimum, the development standards of the underlying
base district shall apply. The ARC may apply additional standards to ensure that the
aesthetic quality of the scenic corridor is preserved. At a minimum, the ARC will consider
the following:
28-121Page Chapter 25. 28 Overlay Districts
ORDINANCE NO. 1259
1. Preservation of scenic vistas
2. Setbacks
3. Landscaping
4. Building heights
5. Signs
6. Mitigation of excessive noise impacts
D. Specific standards. All SP designations added to the R-2 and R-3 residential districts
on the zoning map shall be limited to one story, with the maximum height determined by
a line of sight study.
25.28.090 Drainageway, Floodplain, Watercourse Overlay District
A. Purpose and intent. The purpose of the Drainageway, Floodplain, Watercourse Overlay
(D) district is to designate those areas of the City that are known to be subject to
flooding. This designation and regulations herein are intended to achieve the following
objectives:
1. To prevent loss of life and property and to minimize economic loss caused by
flood flows.
2. To establish criteria for land management and use in flood-prone areas that is
consistent with that promulgated by the Federal Insurance Administration for the
purpose of providing flood insurance eligibility for property owners.
3. To prohibit occupancy or the encroachment of any structure, improvement, or
development that would obstruct the natural flow of waters within a designated
drainageway, floodway, or watercourse.
4. To regulate and control uses below the elevation of the 100-year flood flow.
B. Applicability. The D overlay district shall be applied to those areas that are known to be
subject to flooding as determined by the Council, based on recommendations by the
affected flood control district.
C. Conditional uses. The following uses and structures shall be permitted in this overlay
district subject to the issuance of a conditional use permit by the Commission:
1. New residential, commercial, industrial, and agricultural structures permitted by
the underlying district regulations involved, and when they comply with all of the
conditions listed below:
i. Flood-proofing and/or flood protective measures shall be required to be
installed in a manner meeting the approval of the chief engineer of the
affected flood control district.
28-131acle Chapter 2 , 8 Overlay llslrlc. f
ORDINANCE NO. 1259
ii. Building and health code requirements applicable to floodplain districts
shall be complied with.
iii. The bottom elevation or first floor of any structure shall be at least 1 foot 111
above the level of the 100-year flood. Exceptions may be recommended
by the building official only for nonresidential structures which are
adequately flood-proofed, in accordance with the building code, up to the
level of the 100-year flood.
iv. Landfills, improvements, developments, or other encroachment effects on
the 100-year flood level such that the water surface elevations of the 100-
year flood are increased by more than 1 foot shall be fully offset by
requirements for stream improvements meeting with the approval of the
chief engineer of the affected flood control district.
2. Public utility facilities.
3. Recreation areas, parks, campgrounds, playgrounds, fishing lakes, hunting
clubs, riding and hiking trails, golf courses, golf driving ranges, polo fields,
athletic fields, parking lots, all of which involve only the open use of land without
permanent structures or improvements.
4. Temporary and readily removable structures accessory to agricultural uses.
D. Prohibited uses. The following uses are specifically prohibited in the D district:
1. Excavations that will tend to broaden the floodplain or direct flood flows out of the
natural floodplain.
2. Landfills, improvements, developments, or other encroachments that would
increase water surface elevations of the 100-year flood more than 1 foot or that
cannot be fully offset by stream improvements.
3. Storage of floatable substances or materials which will add to the debris load of a
stream or watercourse.
E. Development standards. The property development standards of the underlying zone
shall apply insofar as they pertain to the uses of this district.
F. Precise plan review. All development shall be subject to precise plan review as
prescribed in Section 25.72.030 (Precise Plan).
G. Special standards.
•
1. Development of hillside canyon areas shall not occur until hydrology is submitted
which specifies techniques for management of runoff. The exact location of
development shall include the determination resulting from a hydraulic study.
2. Other standards required under conditional use permits shall also apply.
28-141Page Chapter 25. 28 Overlay Districts
ORDINANCE NO. 1259
25.28.100 Natural Factors/Restricted Development Overlay District
A. Purpose. The purpose of the Natural Factors/Restricted Development Overlay (N)
district is to provide for the continued availability of land for the conservation of natural
resources and the preservation and protection of wildlife habitat areas and areas with
significant natural vegetation as limited resources. The overlay district shall be applied
as determined to have the desired characteristics specified above as determined by the
Council through the amendment process.
B. Permitted uses. All uses permitted in the underlying district shall be permitted in this
district subject to careful consideration by the design review process of the preservation
of the unique natural element of the property.
C. Development standards. All the development standards and requirements set forth in
the underlying district shall be complied with. Additional standards for development may
be required by the precise plan review process to ensure that modification to existing
natural vegetation and any disturbance of the terrain and natural land features are
compatible with adjacent areas and will result in a minimum disruption to the wildlife
habitat and natural vegetation on the site.
D. Cost of investigations. All costs and expenses incurred as a result of the requirements
of this chapter, including the cost and expenses of an independent review of the material
submitted under this chapter by qualified persons retained by the City, shall be borne by
the applicant.
E. Site plan review. All development within this overlay district shall be subject to a precise
plan review as provided in Section 25.72.030 (Precise Plan).
25.28.110 Seismic Hazard Overlay District
A. Purpose. The purpose of the Seismic Hazard Overlay (SH) district is to protect life and
property in the City from the hazards of seismic activity and to set requirements for the
level of earthquake consideration that must be incorporated into development proposals
prior to design and construction. The overlay district shall be applied to those areas that
are known to be within the SH overlay zone.
B. Permitted uses. All uses permitted in the underlying district are permitted subject to the
obtaining of a conditional use permit approved by the Commission.
C. Site development standards. All the development standards and requirements set
forth in the underlying district shall be complied with. Standards and requirements in
excess of those in the underlying district may be required in the conditional use permit to
mitigate possible seismic-related impacts.
D. Geological soils investigation. All applications for a conditional use permit in the SH
district shall be accompanied by a combined in-depth geologic and soils investigation
prepared by a registered geologist, certified by the state as an engineering geologist,
and by a licensed civil engineer qualified in soil mechanics. Required geologic and soils
investigations shall be based on the following considerations:
28-151 : age Chapter 25 . 28 Overlay Districts
ORDINANCE NO. 1259
1. Adequate geologic mapping, trenching, and boring to determine that surface
faulting and ground breakage has not occurred on the site and is unlikely to
occur in the future.
2. Adequate boring and field and laboratory testing to determine accurately the
subsurface profile and the static/dynamic properties of the soil/rock materials.
3. Thorough regional studies of all possible causative faults and fault systems which
could generate motions at the site.
4. Studies to determine the character of ground motions at the site.
5. Calculation of design response spectra, based on repetition, and on structural
properties (damping, ducting).
6. Careful dynamic design of cohesive structures with each element working as a
part of the entire structural system.
7. Thorough study of the ways in which the structure might disassemble if it were to
fail, and the inclusion of redundant backup features to control disassembly so
that outright collapse cannot occur.
8. Design of anchorage and bracing for all critical infrastructure systems (examples:
emergency power, heat, light, oxygen supply), based on factors derived from
dynamic analysis, providing generous and conservative safety factors. The
manufactured equipment and appurtenances purchased for such a facility should
be designed likewise.
E. Cost of investigation. All costs and expenses incurred as a result of the requirements
of this chapter, including the cost and expense of an independent review of the material
submitted under this chapter by qualified persons retained by the City, shall be borne by
the applicant for the conditional use permit.
F. Site plan review. All permitted uses, except single-family dwellings, and all conditional
uses shall be subject to precise plan review as prescribed in Section 25.72.030 (Precise
Plan).
25.28.120 Bermuda Dunes Airport Area
A. Purpose. The purpose of the Bermuda Dunes Airport Area (BDA) district is to Seismic
Hazard Overlay (SH) 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 25.29-1.
B. Permitted uses. All uses permitted in the underlying district are permitted subject to the
Riverside County Airport Land Use Compatibility Plan Policy Document.
28-16' Page Chapter 25 . 28 Overlay Districts
ORDINANCE NO. 1259
Table 25.28-1 Bermuda Dunes Airport Compatibility Plan
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28-17IPage Chapter 25. 28 Overlay Districts
ORDINANCE NO. 1259
I
[This page has intentionally been left blank.]
ORDINANCE NO. 1259
Chapter 25.34— Special Use Provisions
Sections in this Chapter
25.34.010 Purpose and Applicability 34-1
25.34.020 Home Occupations 34-1
25.34.030 Second Dwelling Units 34-5
25.34.040 Affordable Housing and Density Bonus Provisions 34-6
25.34.050 Residential Condominium Conversions 34-13
25.34.060 Time-Share Projects 34-20
25.34.070 Hotels 34-21
25.34.080 Temporary Uses 34-22
25.34.090 Automotive Service Stations 34-23
25.34.100 Restaurants 34-25
25.34.110 Adult Entertainment Establishments 34-25
25.34.120 Medical Marijuana Dispensaries 34-27
25.34.130 Communication Tower and Antenna Regulations 34-27
25.34.140 Exceptions Based on Unconstitutional Takings 34-33
25.34.150 Conversion of Abandoned Public Utility Well Sites 34-35
25.34.010 Purpose and Applicability
This chapter consolidates special regulations for certain land uses in Palm Desert. In some
cases, there are legal issues that must be addressed or complied with. In other cases, the City
has established unique standards and/or use requirements for the location, development, and/or
operation of certain uses. Special use provisions in this chapter must also meet applicable
requirements in other chapters of this title.
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-based business, except that not more than one outside person who is not a
34-11Page Chapter 25 . 34 Special Use Provisions
ORDINANCE NO. 1259
resident of the subject dwelling may also participate in the operation or conduct of the
subject home-based business. For purposes of determining participation, general
domestic help will not be considered an employee.
E. Permitted uses. The intent is to permit a wide range of home-based businesses which
do not negatively impact the residential area. As an ancillary activity to those uses
permitted in the applicable residential zone in which the subject site is located, any of the
following home-based businesses may be conducted at the site:
1. Professional Office Occupation. Professional office occupation is an
occupation whose principal product is information, management or design,
including but not limited to accounting, architecture, artist/talent management and
promotion, brokerage, business/financial management, computer programming
and software development, credit/financial counseling, drafting and illustration,
engineering, fashion design, interior decoration and design, legal services,
marketing and advertising, property management, and writing and editing. The
primary means of contact must be by phone, mail, or other electronic form of
communication. Professional office activity does not include research requiring
the use of hazardous materials and equipment. Professional office activity does
not include a medical office.
2. Instructional Services Occupation. Instructional services occupation is an
occupation whose principal purpose is to provide cognitive instruction or training,
including but not limited to academic tutoring, musical instrument lessons, dance
lessons, sports training, or other similar physical performance training. Maximum
number of students at any one time shall be limited to six.
3. Home Craft Occupations. Home craft occupation is an occupation that results
in a tangible product, including but not limited to dress making, furniture making,
toy making, and doll making. Home craft occupations also include artistic
products such as sculpting, painting and other similar forms of creative works
when such works are produced with the object of gain, benefit, or advantage for
the participant or another person. The conduct of a home craft occupation does
not entitle the owner to sell articles manufactured as a result of the home craft
occupation on-site or in a residential zone.
4. Cottage Food Operations. A cottage food operation, as defined in California
Health and Safety Code Section 113758, shall be a permitted home-based
business provided it complies with all applicable provisions of this subsection and
under the California Health and Safety Code, as it may be amended.
i. The permit applicant shall be the individual who conducts the cottage
food operation from his or her private residential dwelling unit and is the
owner of the cottage food operation. The permit shall not be transferable
to another operator, nor transferable to another site.
ii. The cottage food operation shall be registered or permitted as a "Class A"
or "Class B" operation by the Riverside County Department of
Environmental Health in accordance with Section 114365 of the California
Health and Safety Code. Cottage food operations shall comply with all
California Health and Safety Code requirements.
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iii. Any applicant for a permit under this chapter shall provide to the City, as
part of the home-based business application: (1) a copy of the operation's
registration or permit to operate as a "Class A" or "Class B" operation, as
required under Health and Safety Code Section 114365, and (2) a copy of
the self-certification checklist submitted to and approved by the County.
iv. The permit shall be granted if the application is complete and the cottage
food operation complies with the requirements set forth in this chapter,
and all other code sections regarding spacing and concentration, traffic
control, parking, and noise control.
v. A permit issued under this subsection may be revoked for any violation of
this chapter or of Section 114365 et seq. of the California Health and
Safety Code.
vi. The City may, for inspection purposes, access the permitted area of a
private home where a cottage food operation is located if the City has, on
the basis of a consumer complaint, reason to suspect that adulterated or
otherwise unsafe food has been produced by the cottage food operation,
or that the cottage food operation has violated this chapter and/or
California Health and Safety Code Section 114365 et seq.
vii. Gross annual sales shall not exceed the amount specified in California
Health and Safety Code Section 113758.
5. Residential Estate (RE) Exceptions.
i. Home-based businesses or associated storage may be conducted in a
dwelling or accessory structure not to exceed 640 square feet.
ii. It is unlawful to park or store any commercial vehicle on the property
with the exception of one pickup truck or van of 1.5 tons or less.
iii. One employee may park his/her 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 and value of a
residential neighborhood. These specified uses shall not be permitted as home-based
businesses:
1. Auto repair and auto body repair
2. Barber and beauty shops
3. Bicycle repair
4. Carpentry work
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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.
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 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.
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9. If the home-based business is to be conducted on rental property (single-family
dwelling), the property owner's written authorization for the proposed use shall be
obtained prior to the submittal for a home-based business permit.
10. No tool or instrument used in connection with a home-based business shall
possess a power rating of greater than three horsepower. No equipment shall be
operated in a manner as to cause a nuisance or a hazard to persons or property
in the vicinity of the home-based business. No equipment or activity shall be
maintained on the residential site which would result in a change in the fire-safety
class or occupancy classification of a residential structure or which otherwise
violates any law.
25.34.030 Second Dwelling Units
A. Purpose and intent. The purpose of this chapter is to provide a mechanism to help
expand housing opportunities by allowing second residential units under certain
circumstances in areas normally restricted to a single-family unit while preserving the
existing character of surrounding single-family neighborhoods. Regulations and permit
requirements herein are intended to comply with the requirements of state law.
B. Certificate of use and occupancy required. A second dwelling unit shall be permitted
within all residential zones in compliance with the requirements of this section and other
applicable provisions of this title.
C. Requirements. Applications for a second unit must meet the following requirements:
1. The parcel must contain an existing residential unit.
2. The second unit may be attached and incorporated within the living area of the
existing dwelling, but separate, or may be detached.
3. The floor area of a detached or attached second unit shall not exceed 35 percent
of the floor area of the originally permitted and constructed primary unit but in no
event be less than 400 square feet.
4. The unit shall be for rental purposes, or personal use of the property owner. The
second unit may not be sold separately from the primary unit.
5. The second unit must be provided with one off-street parking space per bedroom
within a garage or carport. For second units with three or more bedrooms, only a
minimum of two of the required parking spaces shall be provided within a carport
or garage; the other required parking spaces may be uncovered.
6. Any new construction associated with the second unit shall comply with all
setbacks, coverage, height, and design standards contained within the base
zone and shall not alter the general appearance of the primary dwelling as a
single-family residence.
7. The second unit shall have adequate sewer and water services as determined by
the Coachella Valley Water District and shall not adversely impact traffic flow.
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8. The second unit shall have independent heating and air conditioning systems
and shall include separate utility sub-meters. The hot water system shall be
adequately sized to meet the needs of the second unit.
9. The design of the second units and any related improvements such as an
additional garage or carport shall be compatible with the existing single-family
home so as to preserve the character of the surrounding single-family residential
neighborhood and shall be subject to review and approval by the ARC.
D. The primary unit shall be owner-occupied. If the property owner is unable to occupy
the primary unit, it shall remain unoccupied during periods in which the second unit is
rented. In no instance may both units be rented. A covenant memorializing this
requirement shall be recorded against the property prior to issuance of a certificate of
occupancy for the second unit.
E. Density limits don't apply. A second residential unit which conforms to these
requirements shall not be considered to exceed the allowable density for the lot upon
which it is located, and shall be deemed to be a residential use consistent with the
existing General Plan and zoning ordinance designation for the lot.
25.34.040 Affordable Housing and Density Bonus Provisions
A. Purpose. The purpose of this section is to provide incentives for the production of
housing for very low-income, lower-income, moderate-income, special needs, and senior
households in the City and to establish procedures for carrying out the legislative
requirements and complying with California Government Code Section 65915 et seq.
B. Eligibility for density bonus and incentives and concessions. The City shall grant
one density bonus, with concessions or incentives, as specified in Section 25.34.040.D
(number and types of density bonuses and incentives and concessions allowed), when
the applicant for the residential development seeks and agrees to construct a residential
development, excluding any units permitted by the density bonus awarded pursuant to
this article, that will contain at least one of the following. The applicant shall specify
which of the following is the basis for the density bonus.
1. 10 percent of the total units of a housing development for lower-income
households.
2. 5 percent of the total units of a housing development for very low-income
households.
3. A senior citizen housing development or age-restricted mobile home park.
4. 10 percent of the total dwelling units in a common interest development as
defined in California Civil Code Section 1351 for persons and families of
moderate income, provided that all units in the development are offered to the
public for purchase.
C. General provisions for density bonus and incentives and concessions. The
following general requirements apply to the application and determination of all
incentives and bonuses:
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1. Rounding. All density calculations resulting in fractional units shall be rounded up
111 to the next whole number; except that the percentage of total units proposed to
qualify the development for a density bonus shall not be rounded up. For
example, for a 200-unit project that proposes 21 lower-income units (or 10.5
percent), the allowed density bonus would be based on 10 percent lower-income
units, not 11 percent.
2. Relation to General Plan, Zoning. The granting of a density bonus, or a
concession or incentive, shall not be interpreted, in and of itself, to require a
General Plan amendment, zoning change (rezone), or other discretionary
approval.
3. Density Bonus Excluded in Calculation. The density bonus shall not be included
when calculating the total number of housing units that qualifies the housing
development for a density bonus.
4. Waived or Reduced Development Standards
The City shall not apply any development standard that would have the effect of
physically precluding the construction of a housing development meeting the
requirements of Section 25.34.040.E (eligibility for density bonus and incentives
and concessions) at the densities or with the incentives or concessions permitted
by this article. A proposed waiver or reduction of development standards shall
neither reduce nor increase the number of allowable incentives or concessions
under Section 25.34.040.D (number and types of density bonuses and incentives
and concessions allowed). An applicant may submit to the City a proposal for the
waiver or reduction of development standards, when standards would have the
effect of physically precluding the proposed development, and may request a
meeting with the City. Nothing in this subsection, however, shall be interpreted to
require the City to waive or reduce development standards if:
i. The waiver or reduction would have a specific adverse impact, as defined
in paragraph (2) of subdivision (d) of Section 65589.5 of the California
Government Code, upon health and safety or the physical environment
and for which the City determines there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact.
ii. This would have an adverse impact on any real property that is listed in
the California Register of Historical Resources.
iii. The waiver or reduction would be contrary to state or federal law.
5. Multiple Zoning Districts. If the site of a development proposal is located in two or
more zoning districts, the number of dwelling units permitted in the development
is the sum of the dwelling units permitted in each of the zoning districts based on
the site acreage within each zoning district. The permitted number of dwelling
units may be distributed within the development without regard to the zone
boundaries.
I
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6. City Authority. Nothing in this article shall be construed to enlarge or diminish the
authority of the City to require a developer to donate land as a condition of
development.
7. Agreement Required
i. Prior to the award of a density bonus and any related incentives or
concessions, the applicant shall enter into an agreement with the City to
ensure the continued affordability of all target units.
ii. For all target units, the agreement shall specify the household income
classification, number, location, size, and construction scheduling and
shall require target units in a project and phases of a project to be
constructed concurrently with the construction of non-target units. The
agreement shall include such other provisions as necessary to establish
compliance with the requirements of this article.
D. Number and types of density bonuses and incentives and concessions allowed
1. Density Bonus. A housing development that satisfies the eligibility requirements in
Section 25.34.040.B. (eligibility for density bonus and incentives and concessions) of
this article shall be entitled to the following density bonus:
i. For developments providing 10 percent lower-income target units, the
City shall provide a 20 percent increase above the otherwise maximum
allowable residential density as of the date of application, plus a 1.5
percent supplemental increase over that base for every 1 percent
increase in low-income target units above 10 percent. The maximum
density bonus allowed including supplemental increases is 35 percent.
ii. For developments providing 5 percent very low-income target units, the
City shall provide a 20 percent increase above the otherwise maximum
allowable residential density as of the date of application, plus a 2.5
percent supplemental increase over that base for every 1 percent
increase in very low-income target units above 5 percent. The maximum
density bonus allowed including supplemental increases is 35 percent.
iii. For senior citizen housing developments, a flat 20 percent of the number
of senior units.
iv. For common interest developments providing 10 percent moderate-
income target units, the City shall provide a 5 percent increase above the
otherwise maximum allowable residential density as of the date of
application, plus a 1 percent increase in moderate-income units above 10
percent. The maximum density bonus allowed including supplemental
increases is 35 percent.
2. Number of Incentives or Concessions. In addition to the density bonus described in
this section, an applicant may request specific incentives or concessions. The
applicant shall receive the following number of incentives or concessions.
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i. One incentive or concession for projects that include at least 10 percent
of the total units for lower-income households, at least 5 percent for very
low-income households, or at least 10 percent for persons and families of
moderate income in a common interest development.
ii. Two incentives or concessions for projects that include at least 20 percent
of the total units for lower-income households, at least 10 percent for very
low-income households, or at least 20 percent for persons and families of
moderate income in a common interest development.
iii. Three incentives or concessions for projects that include at least 30
percent of the total units for lower-income households, at least 15 percent
for very low-income households, or at least 30 percent for persons and
families of moderate income in a common interest development.
iv. The City shall grant the concession or incentive requested by the
applicant unless it makes a written finding of either of the following:
a. The concession or incentive is not required in order to provide for
affordable housing costs, as defined in Section 50052.5 of the Health
and Safety Code, or for rents for the targeted units to be set as
specified in subdivision (c).
b. The concession or incentive would have a specific adverse impact, as
defined in paragraph (2) of subdivision (d) of Section 65589.5 of the
California Government Code, upon public health and safety or the
physical environment or on any real property that is listed in the
California Register of Historical Resources and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse
impact without rendering the development unaffordable to low- and
moderate-income households.
c. The concession or incentive would be contrary to state or federal law.
3. Available Incentives and Concessions
i. A reduction in the site development standards or a modification of the
requirements of this title that exceed the minimum building standards
approved by the California Building Standards Commission as provided in
Part 2.5 (commencing with Section 18901) of Division 13 of the Health
and Safety Code, including but not limited to a reduction in setback and
square footage requirements and in the ratio of vehicle parking spaces
that would otherwise be required and that results in identifiable, financially
sufficient, and actual cost reductions.
ii. Approval of mixed-use zoning in conjunction with the housing
development if the nonresidential land uses will reduce the cost of the
housing development and the nonresidential land uses are compatible
with the housing development and existing or planned development in the
area in which the housing development will be located.
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iii. Other regulatory incentives or concessions proposed by the applicant or
the City that result in identifiable, financially sufficient, and actual cost
reductions.
iv. Priority processing of a housing development that qualifies for a density
bonus based on income-restricted units.
4. Additional Density Bonus and Incentives and Concessions for Donation of Land to
the City
i. When an applicant for a tentative subdivision map, parcel map, or other
residential development approval donates land to the City and agrees to
include a minimum of 10 percent of the total units before the density
bonus for very low-income households, the applicant shall be entitled to a
15 percent increase above the otherwise maximum allowable residential
density, plus a 1 percent supplemental increase for each additional
percentage of very low-income units to a maximum density bonus of 35
percent for the entire development.
ii. The density bonus provided in this subsection shall be in addition to any
other density bonus provided by this article up to a maximum combined
density bonus of 35 percent.
iii. The applicant shall be eligible for the increased density bonus described
in this subsection if all of the following conditions are met:
a. The applicant donates and transfers the land no later than the date of
approval of the final subdivision map, parcel map, or residential
development application.
b. The developable acreage and zoning designation of the land being
transferred are sufficient to permit construction of units affordable to
very low-income households in an amount not less than 10 percent of
the number of residential units of the proposed development.
c. The transferred land is at least one acre in size or of sufficient size to
permit development of at least 40 units, has the appropriate General
Plan designation, is appropriately zoned with appropriate
development standards for development at the density described in
paragraph (3) of subdivision (c) of Section 65583.2 of the Government
Code, and is or will be served by adequate public facilities and
infrastructure.
d. The transferred land shall have all of the entitlements and approvals,
other than building permits, necessary for the development of the very
low-income housing units on the transferred land, not later than the
date of approval of the final subdivision map, parcel map, or
residential development application, except that the City may subject
the proposed development to subsequent design review to the extent
authorized by subdivision (i) of Section 65583.2 of Government Code
if the design is not reviewed by the City prior to the time of transfer.
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e. The transferred land and the affordable units shall be subject to a
deed restriction ensuring continued affordability of the units consistent
with the requirements of this article which shall be recorded on the
property at the time of the transfer.
f. The land is transferred to the City or to a housing developer approved
by the City.
g. The transferred land shall be within the boundary of the proposed
development or, if the City agrees, within one-quarter mile of the
boundary of the proposed development.
h. A proposed source of funding for the very low-income units shall be
identified not later than the date of approval of the final subdivision
map, parcel map, or residential development application.
iv. Nothing in this subsection shall be construed to enlarge or diminish the
authority of the City to require a developer to donate land as a condition
of development.
5. Additional Density Bonus or Incentives and Concessions for Development of a Child
Care Facility
i. Housing developments meeting the requirements of Section 25.34.040.B.
(eligibility for density bonus and incentives and concessions) and
including a child care facility that will be located on the premises of, as
part of, or adjacent to the housing development shall receive either of the
following:
a. An additional density bonus that is an amount of square footage of
residential space that is equal to or greater than the amount of square
footage in the child care facility.
b. An additional incentive or concession that contributes significantly to
the economic feasibility of the construction of the child care facility.
ii. The City shall require the following as conditions of approving the housing
development:
a. The child care facility shall remain in operation for a period of time that
is as long as or longer than the period of time during which the target
units are required to remain affordable, pursuant to subdivision (c) of
Section 65915 of the Government Code.
b. Of the children who attend the child care facility, the children of very
low-income households, lower-income households, or persons or
families of moderate income shall equal a percentage that is equal to
or greater than the percentage of target units that are required
pursuant to Section 25.34.040.B. (eligibility for density bonus and
incentives and concessions).
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c. Notwithstanding any other requirements of this section, the City shall
not be required to provide a density bonus or incentive or concession
for a child care facility if it makes a written finding, based upon
substantial evidence, that the community has adequate child care
facilities.
E. Location of Density Bonus Units
The location of density bonus units within the housing development may be at the
discretion of the developer. However, the target units shall be dispersed throughout the
housing development and when feasible shall contain, on average, the same number of
bedrooms as the non-target units in the development, and shall be compatible with the
design or use of the remaining units in terms of appearance, materials, and quality finish.
F. Continued Availability
1. Minimum 30 Years. If a housing development provides low or very low-income
target units to qualify for a density bonus, the target units must remain restricted
to lower- or very low-income households for a minimum of 30 years from the date
of issuance of the certificate of occupancy by the building official, or longer if
required by the project financing.
2. Common Interest Housing. In the case of a common interest housing
development providing moderate-income target units to qualify for a density
bonus, the initial occupant of the target unit must be a person or family of
moderate income. Upon resale, the seller of the target units shall retain the value
of any improvements, the down payment, and the seller's proportionate share of
appreciation, and the City shall recapture any initial subsidy and its proportionate
share of appreciation which shall then be used within three years for any of the
purposes described in subdivision (e) of Section 33334.2 of the California Health
and Safety Code that promote homeownership. The City's initial subsidy shall be
equal to the fair market value of the home at the time of initial sale minus the
initial sale price to the moderate-income household, plus the amount of any down
payment assistance or mortgage assistance. If upon resale the market value is
lower than the initial market value, then the value at the time of the resale shall
be used as the initial market value. The City's proportionate share shall be equal
to the percentage by which the initial sale price to the moderate-income
household was less than the fair market value of the home at the time of the
initial sale.
3. Direct Financial Contributions. Where there is a direct financial contribution to a
housing development pursuant to Government Code Section 65915, the City
shall assure continued availability for low and moderate-income units for 30
years.
G. Process for Approval or Denial
1. Process for Approval. The density bonus and incentive(s) and concession(s)
request shall be considered in conjunction with any necessary development
entitlements for the project. The designated approving authority for density
bonuses, incentives, and concessions shall be the Council. In approving the
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density bonus and any related incentives or concessions, the City and applicant
shall enter into a density bonus agreement.
2. Approval of Density Bonus Required. The City shall grant the density bonus
requested by the applicant provided it is consistent with the requirements of this
article and state law.
3. Approval of Incentives or Concessions Required Unless Findings Made. The City
shall grant the incentive(s) and concession(s) requested by the applicant unless
the City makes a written finding, based upon substantial evidence, of any of the
following:
i. The incentive or concession is not required in order to provide for
affordable housing costs or affordable rent for the target units.
ii. The incentive or concession would have a specific adverse impact, as
defined in paragraph (2) of subdivision (d) of Section 65589.5 of the
California Government Code, upon public health and safety or the
physical environment or on any real property that is listed in the California
Register of Historical Resources and for which the City determines there
is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact without rendering the development unaffordable to low-
and moderate-income households.
iii. The concession or incentive would be contrary to state or federal law.
25.34.050 Residential Condominium Conversions
A. Purpose. The purpose of this chapter is to:
1. Provide standards and criteria for regulating the conversion of rental housing to
residential condominium units or rental housing to a condominium hotel,
community apartment, or stock cooperative types of ownership and for
determining when such conversions are appropriate.
2. Mitigate any hardship to tenants caused by their displacement.
3. Provide for the public health, safety, and general welfare.
B. General requirements.
1. Where Permitted. If approved under the provisions of this chapter and Title 25,
Zoning, of this code, condominium conversion projects may be allowed in any
district in which residential uses are permitted, including specific plan areas,
subject to the approval of a conditional use permit, a tentative map, and all other
provisions and requirements of this chapter.
2. Review Responsibilities. Condominium conversion projects shall be approved by
the Commission pursuant to a conditional use permit. A tentative and final tract
map shall be required for all subdivisions creating five or more condominiums,
five or more parcels as defined in Section 783 of the California Civil Code, a
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community apartment project containing five or more parcels for the conversion
of a dwelling to a stock cooperative containing five or more dwelling units, or for
the creation of five or more condominium hotel units.
3. Parcel Map. A parcel map shall be required for all subdivisions creating four or
fewer condominiums, four or fewer parcels as defined in Section 783 of the
California Civil Code, a community apartment project containing four or fewer
parcels, or for the conversion of a dwelling to a stock cooperative containing four
or fewer dwelling units.
4. Applicable Standards. Condominium conversion projects shall conform to: (1) the
applicable standards and requirements of the zoning district in which the project
is located at the time of approval; (2) Section 25.34.050 of the Palm Desert
Charter and Municipal Code; and (3) all other applicable local, state, and/or
federal laws and codes.
C. Tenant notification and public hearing notice.
1. Tenant Notification. The applicant for a condominium conversion project shall be
responsible for notifying existing tenants of the proposed conversion in
accordance with Government Code Sections 66452.8 and 66452.9 of the
Subdivision Map Act. The applicant shall provide each tenant with a copy of all
City staff reports on the application pursuant to Government Code Section
66452.3. In addition, the applicant shall give notice to tenants residing in units
proposed to be converted that a final map for the proposed conversion has been
approved in accordance with Section 66427.1(b) of the Subdivision Map Act. If
the condominium conversion project is approved, the applicant shall give all
tenants written notice of the termination of their tenancies in accordance with
Section 66427.1 of the Subdivision Map Act.
2. All Other Notices. The applicant shall give all other notices required by applicable
federal, state, and local law.
3. Evidence of Tenant Notification. The applicant shall submit evidence in writing to
the Director, certified under penalty of perjury, that all applicant-required
notification specified in subsections A and B of this section have been satisfied.
D. Standards for condominium conversions. Condominium conversions shall conform to
the applicable local, state, and federal laws in place at the time of the conversion,
subject to any valid, applicable exceptions thereto. In addition, the following general
requirements shall apply:
1. That all condominium conversion projects provide off-street parking as required
herein for condominium projects of the Palm Desert Charter and Municipal Code,
unless a parking study performed to the satisfaction of the City Manager or
designee demonstrates that existing off-street parking successfully meets the
needs of all dwelling units.
2. That all condominium conversion projects shall include provisions to demonstrate
compliance with the Palm Desert energy standards as provided in Ordinance No.
1124, or as it may be amended.
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3. Surveying. Permanent survey monuments shall be installed at all parcel/lot
corners of a map required per this division by a California-licensed land surveyor
or registered civil engineer authorized to practice land surveying, in accordance
with Government Code Section 66495.
E. Tenant purchase option. The property owner shall provide each tenant of a rental unit
to be converted pursuant to this chapter with a 90-day right of first refusal to purchase
his or her respective unit in accordance with Section 66427.1 of the Subdivision Map
Act.
F. Tenant relocation plan. The applicant shall submit a tenant relocation plan containing
and complying with the following:
1. A detailed report describing the relocation and moving assistance information to
be given to each tenant. The report shall state in detail what assistance will be
provided for special category tenants.
2. The applicant shall provide a tenant information handout and a questionnaire to
each tenant with an envelope, postage prepaid, addressed to the Department.
The questionnaire shall include questions regarding tenant income, length of
tenancy, age, disability, and household size, and shall request that the tenant
return the completed form directly to the Department.
G. Consumer protection provisions. In addition to the tenant protection provisions set
forth in the Subdivision Map Act, the applicant shall comply with the following provisions,
as conditions of any condominium conversion use permit for a condominium conversion
project approved pursuant to this chapter:
1. Relocation Assistance. The applicant shall offer to each eligible tenant a plan for
relocation to alternative housing.
i. The relocation plan shall provide for the following: assistance to each
eligible tenant in locating alternative housing, including but not limited to
providing availability reports where necessary.
ii. Payment of a relocation fee to each eligible tenant who does not choose
to purchase a condominium unit. The payment shall be a one-time lump
sum cash payment of at least $1,500 in 2006 (calendar year) dollars,
escalated annually by the Consumer Price Index for Los Angeles-
Riverside-Orange County. An otherwise eligible tenant is not entitled to a
relocation fee pursuant to this subsection if the tenant has been evicted
for just cause. In addition, a cash payment of actual deposit costs shall be
made to each eligible tenant who does not choose to stay for utility
deposits and hook-up costs.
iii. In the case of eligible tenants who are also special category tenants as
defined herein, the applicant shall provide to the displaced special
category tenant, in addition to the relocation fee specified in subsection
(A)(2) of this section, a one-time lump sum payment not to exceed a total
of $1,000 in 2006 dollars, escalated annually by the Consumer Price
Index for Los Angeles-Riverside-Orange County, of the first month's rent
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in the alternative housing, if required upon moving in, and the transfer to
the new complex of all key, utility, and pet deposits to which the special
category tenant is entitled upon vacating the unit.
iv. The relocation assistance payments referenced herein shall be paid at
the time the tenant vacates the unit.
v. The applicant's offer to each eligible tenant of relocation assistance shall
be free of any coercion, intimidation, inducement, or promise not herein
specified and shall not cause the tenant to vacate in advance of a
timetable or schedule for relocation as approved in the application for
approval of conversion.
2. Antidiscrimination. The applicant or owner of any condominium unit within a
project shall not discriminate in the sale, or in the terms and conditions of sale, of
any dwelling unit against any person who is or was a lessee or tenant of any
such dwelling unit because such person opposed, in any manner, the conversion
of such building into a condominium.
H. Applications for condominium conversions. After preliminary applications are
accepted for further discretionary review, the applicant shall submit all the information
required for a conditional use permit application and a tentative map pursuant to this
code. In addition, the applicant shall submit information demonstrating that the project as
a whole will be in good repair on the interior and the exterior when offered for sale.
Recognizing that the conversion of existing structures which have been previously
occupied and constructed as rental units presents unique problems to present tenants
and future buyers, the application for a condominium conversion project conditional use
permit shall include the following information in addition to that required by other
sections of this code:
1. Pest Inspection Report. A report by a California-licensed structural termite and
pest control specialist certifying whether or not all attached and detached
structures are free of infestation and structural damage caused by pests and dry
rot.
2. Building History Report. A building history report identifying the date of
construction of all elements of the project and permit history.
3. Plot Plans. Scaled plot plans and elevations indicating the type and location of all
buildings and structures, parking and landscape areas, signs and any other plans
that may be deemed necessary by the City Manager or designee. Screening,
landscape, and irrigation plans shall be included in the plans.
4. As a condition of approval, all condominium conversion projects shall be required
to provide, at applicant's cost, each buyer with a housing inspection report
prepared by an architect or structural engineer licensed by the State of California
and in good standing with the California Architects Board or the Board for
Professional Engineers and Land Surveyors, respectively. Said housing
inspection report shall detail the structural condition and use life of all elements of
the property, including but not limited to foundations, roofs, electricity, plumbing,
34-16IPage Chapter 25. 34 Special Use Provisions
ORDINANCE NO. 1259
utilities, walls, ceilings, windows, frames, recreational facilities, sound
transmissions of each building, mechanical equipment, parking facilities, and
drainage facilities. Such report also shall describe the condition of refuse
disposal facilities; swimming pools, saunas, and fountains; stone and brickwork;
and fireplaces, exterior lighting, appliances, mechanical equipment for heating
and cooling, interior and exterior paint and/or stucco.
I. Affordable housing. In higher-density multifamily residential developments, the City
encourages inclusion of affordable units. As part of the application package, the
applicant shall submit an affordable housing implementation plan (AHIP) showing how
the project will assist in meeting the affordable housing needs of the City. The AHIP shall
include specific information concerning the demographic and financial characteristics of
the project, including but not limited to the following:
1. The square footage and number of rooms in each unit.
2. The rental rate history for each type of unit for the previous three years.
3. The monthly vacancy rate for each month during the preceding three years.
4. A complete list of the number of tenants and tenant households in the project,
including the following information:
i. Households with persons 62 years or older.
ii. The family side of households, including a breakdown of households with
children five years and younger, and between six and eighteen years.
iii. Households with handicapped persons.
iv. The length of residence.
v. The age of tenants.
vi. The designation of low- and moderate-income households and whether
any are receiving federal or state rent subsidies.
5. When the subdivider can demonstrate that demographic information is not
available, this requirement may be modified by the City Manager or designee.
6. The proposed price of each of the units.
7. The proposed homeowners' association budget, detailed to include fixed costs,
operating costs, reserves, administration, and contingencies.
8. A statement of intent as to the types of financing programs to be made available,
including any incentive programs for existing residents.
9. Evidence that a certified letter of notification was sent to each tenant for whom a
signed copy of such notice is not submitted. In the event that recorded covenants
and/or affordable housing agreements already exist for persons and families of
moderate income, low income and/or very low income in a multifamily complex or
34-171Page Chapter 25 . 34 Special Use Provisions
ORDINANCE NO. 1259
development which an applicant seeks to convert pursuant to this chapter, the
applicant is required, and must demonstrate in its AHIP, that the moderate-
income, low-income and very low-income unit(s) will remain available to persons
and families of moderate income, low income and very low income, either by the
recordation of new affordability covenants for the newly converted units, which
shall be subject to prior review and approval by the City Manager or designee
and the City attorney, or by continuing to rent converted units to qualified
moderate-income, low-income and very low-income persons and families for the
duration of the remaining recorded covenants and/or affordable housing
agreements.
J. Tentative map review procedures.
1. List of Tenants. In addition to the standard application requirements for tentative
maps, the applicant shall submit a complete mailing list of all tenants occupying
the subject property and two corresponding sets of address labels. The City
Manager or designee shall mail a public hearing notice for the tentative map
hearing to each tenant on the mailing list and to owners of property within 300
feet in accordance with the procedures of the Subdivision Map Act and this code.
2. Tentative Map Review. Tentative maps shall be approved, approved subject to
conditions, or denied by the Commission. Decisions on tentative maps for
condominium conversion projects shall be governed by the Subdivision Map Act
and this chapter.
3. Council Findings for Residential Conversions. A final map for a condominium
conversion shall not be approved unless the Council makes all of the findings set
forth in Section 66427.1 of the Subdivision Map Act regarding tenant notification,
right to purchase and other requirements, as well as all other applicable local,
state, and federal laws.
K. Findings. The Commission/Council shall not approve conditional use permit for a
condominium conversion project unless it finds all of the following:
1. That the condominium conversion project is consistent with the applicable
findings specified in section 25.72.050 (Conditional Use Permits).
2. That the applicant does not seek to convert an apartment complex or
development, which received a certificate of occupancy for any unit located
therein within the preceding 12 months.
3. That the average rental vacancy rate in apartment dwelling units within the City
during the 24 months preceding the filing of the application is equal to or greater
than 5 percent. Upon submission of the application, the City Manager or
designee shall obtain, at applicant's sole expense, a written study or report from
an objective, unbiased third party which provides such studies and/or reports as
part of its ordinary course and scope of business on a statewide or nationwide
basis, which, in the reasonable opinion of the City Manager or designee, reflects
that the average rental vacancy rate in apartment units then available in the City
is 5 percent or higher. If the average rental vacancy rate in the City during the 24
months preceding the filing of the application is less than 5 percent or if as a
34-181 -'' ;re Chapter 25 . 34 Special Use Provisions
ORDINANCE NO. 1259
result of the approval of said condominium conversion the vacancy rate would be
less than 5 percent, the condominium conversion project shall be denied unless
the Commission/Council determines that at least one of the following overriding
considerations exist:
i. Evidence has been submitted that at least 50 percent plus one of the
eligible tenants have voted to recommend approval of the conversion.
ii. That the evidence presented to the Commission/Council as part of the
application for the project overwhelmingly complies with the policies and
intent of this chapter. Applicants shall be able to request that the
Commission/Council allow for a condominium conversion project to be
considered for approval where the vacancy rate and/or tenant approval
percentage requirements of this section have not been met but have been
substantially complied with.
4. Conversions of projects containing four units or less shall not be subject to the
above vacancy rate provisions.
L. Commission/Council Determination. The Commission shall hold a duly noticed public
hearing on a condominium conversion project, and the decision of the Commission shall
be final unless a timely appeal is filed. When a timely appeal is filed to a decision of the
Commission, the Council shall hold a public hearing on a condominium conversion
project, and the decision of the Council shall be final and subject to appeal only by way
of writ of mandate to a court of appropriate jurisdiction. A condominium conversion
project conditional use permit may be approved subject to such conditions as the
Commission/ Council may prescribe.
M. Lapse of permit.
1. Notwithstanding the time periods prescribed herein, a conditional use permit for a
condominium conversion shall lapse and shall become void two years following
the date on which the conversion conditional use permit became effective, unless
prior to the expiration of two years, unless one of the following applies: (1)
separate property interests have been created and recorded for each unit; (2) a
building permit has been issued and reconstruction or other work necessary as a
result of the conversion is commenced and diligently pursued toward completion
on the site which was the subject of the conversion permit application; or (3) a
certificate of occupancy has been issued for the structure(s) which was the
subject of the conversion use permit application.
2. A conversion conditional use permit subject to lapse may be renewed for an
additional period of one year at the discretion of the Commission, provided that
prior to the expiration date, a letter requesting renewal of the conversion
conditional use permit is filed with the City Manager or designee.
N. Exemptions. For residential developments, the conversion of existing apartments to a
condominium project shall be exempt from the requirements of parkland dedication or
parkland in-lieu fees if, on the date of conversion, the apartment complex is at least five
years of age and no additional dwelling units are to be added as part of the conversion
as provided in Section 66477(d) of the Subdivision Map Act.
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25.34.060 Time-Share Projects
A. Purpose. The purpose of the special use regulations for time-share projects is to
establish special location and site development standards.
B. Permitted zones. A time-share project shall be permitted only in a planned residential
zone, a general commercial zone, or a planned commercial resort zone. Any time-share
project shall be developed in conjunction with a resort hotel having 500 or more rooms
and an 18-hole golf course of not less than 6,400 yards, and then only if and when a
conditional use permit has been obtained from the Commission in accordance with
Section 25.72.050 (Conditional Use Permit) of this code.
C. Application submittal requirements. In addition to standard application submittal
requirements, an applicant for a conditional use permit approval involving a time-share
project shall submit in the application at least the following information:
1. Copies of documents and information required pursuant to Article 12.2 of the
California Administrative Code, Section 2810 wherein the requirements for a
"substantially complete" application for a final subdivision public report are
enumerated, excluding those documents so enumerated which are subject to the
approval of the City and therefore otherwise available to the City. In the event
such documents and information have not been filed with the California
Department of Real Estate at the time an applicant applies for a conditional use
permit, the applicant shall furnish such documents and information upon the
submission of such documents and information to the Department of Real Estate,
but in no event later than the issuance of the conditional use permit.
2. In the event an existing condominium project is proposed to be converted to a
whole or partial time-share project, a verified description or statement of the
number and percentage of the current condominium owners desiring or
consenting to the proposed conversion of some or all of the units to a time-share
basis shall be submitted. Also, in such instance there shall be submitted to the
Commission prior to or during the hearing process, a verified statement of the
number and percentage of owners who have received notification, either
personally or by receipted certified US mail.
3. In the case of a new mixed project (i.e., time-sharing condominium/rental) a
description of the means proposed to be employed to disclose the number and
location of all time-share units within the project shall be submitted.
4. Description of time periods, types of units, and which units are in the time-share
program (if less than all), and the length of time each of the units are committed
to the time-share program shall be submitted.
D. Requirements. Notwithstanding any other provisions of this chapter, the following
requirements must be met by any time-share development in any permitted zone:
1. The time-share project must be composed of "time-share estates" as defined in
California Business and Professions Code Section 11003.5.
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2. All maintenance agreements and conditions, covenants, and restrictions must be
approved by the City.
3. The minimum time-share use period shall be for one week (seven days).
4. Project sponsor shall post a maintenance bond, letter of credit, or cash deposit to
ensure the maintenance of any landscaping along the perimeter of the project
abutting any public right-of-way. The amount of the bond, letter of credit, or cash
deposit shall be equal to 25 percent of the annual budget of the owner's
association having the duty to maintain the exterior of the project which is for
such landscaping expenses. The bond, letter of credit, or cash deposit shall run
to the City and shall remain in place for life of the project.
5. With respect to a time-share project, all interests created therein shall be subject
to a public facilities impact mitigation fee of$150 per week share. With respect to
each week share in a time-share project, a public facilities impact fee payable
under this section shall be paid on the first day of the first calendar month
following the sale and conveyance of such week share by the sponsor of a time-
share project to an individual consumer (excluding bulk sales from one sponsor
to another, in which case the successor sponsor shall have the obligation to pay
the public facilities impact fee described herein upon the sale and conveyance of
a week share to a consumer). On the first day of each calendar month, or less
frequently if required by the Council, a sponsor of a time-share project shall also
submit a written report to the City which specifies the number of week shares in
the time-share project which have been sold and conveyed in the preceding
calendar month.
E. Minimum number of units. The minimum number of units in a time-share project shall
be 50.
F. Development standards. Time-share projects shall be designed to conform to the
standards for hotel developments in the event the time-share project is located in a
planned commercial resort or general commercial zone. The time-share project must
comply with all development standards of the zone in which it is located. With respect to
time-share projects developed within a planned residential zone, the density of the time-
share project shall not exceed the density permitted in such zone for residential projects;
with respect to time-share projects developed in a general commercial zone or a
planned commercial resort zone, the density of the time-share project shall not exceed
the density permitted in such zone for general commercial or planned commercial
projects. In determining the density of a time-share project, upon the request of an
applicant, the Director shall have the authority to transfer the density permitted in other
similarly zoned property owned by an applicant to the time-share project.
25.34.070 Hotels
A. Purpose. The purpose of the special use regulations for hotels is to establish special
site development and improvement standards.
B. Minimum room size. The minimum guest room/suite size for any hotel shall be 330
square feet. Hotel projects shall have an overall average guest room/suite size of at
least 375 square feet.
34-211Page Chapter 25. 34 Special Use Provisions
ORDINANCE NO. 1259
C. Restaurant required. All hotels shall provide a multipurpose (three-meal) restaurant
either within the building itself, attached or adjacent to the building, together with room
service for hotel guests (a continental breakfast may constitute one of the three meals).
When the restaurant is detached from the hotel, it may be constructed before or after the
hotel is developed.
D. HVAC required. All hotel developments shall utilize central air conditioning systems or
vertical fan coil systems, or other specifically approved systems. Window- or wall-
installed air conditioning systems are prohibited.
25.34.080 Temporary Uses
A. Purpose. The purpose of this chapter is to permit and regulate uses which by their
nature are for temporary periods and are not detrimental to the health, safety, and public
welfare of the community.
B. Temporary use permit required. Temporary uses listed herein require approval of a
temporary use permit by the Director.
C. Allowed temporary uses. The temporary uses listed below are permitted with approval
of a temporary use permit in compliance with the provisions and limitations listed herein.
1. Carnivals, Circuses, Special Private or Public Events. Any such activity may be
permitted for up to seven consecutive days at any one time for a period of ten
days in any calendar year. Certification of the safety of rides and all pertinent
equipment for the carnivals, circuses, or similar events shall be made by a
professional engineer registered in the State of California, with such certification
being given to the building department prior to the commencement of use of the
equipment.
2. Seasonal Sales. Seasonal sales (e.g., Christmas tree sales, pumpkin sales) may
be permitted in any nonresidential zoning district with approval of a temporary
use permit for a maximum period of 60 days per seasonal sales location per
calendar year. The seasonal merchandise shall not utilize required parking
spaces dedicated to other uses.
3. Buildings and Storage Facilities for Construction Projects. Temporary structures
or facilities for the housing of tools and equipment or containing supervisory
offices in connection with major construction on major construction projects may
be established and maintained during the progress of such construction on such
projects, provided that such temporary facilities may not be maintained for a
period to exceed one year, unless a new permit has been obtained from the
zoning administrator.
4. Real Estate Sales Office. One temporary real estate office may be located on
any new subdivision in any zone, provided that such office shall be removed at
the end of one year, unless a new permit has been obtained from the ZA. Said
real estate office to be erected only for use in sale of the subdivision in which it is
located.
I
34-22IPage Chapter 25 . 34 Special Use Provisions
ORDINANCE NO. 1259
5. Promotional Event—Cultural. Promotional events of any educational, civic, or
cultural nature may be permitted without time restrictions except as fixed in the
conditions of approval.
6. Promotional Event—Commercial. Outdoor sales and display of goods, including
promotional sales, may be conducted as part of an otherwise lawfully permitted
or allowed permanent commercial use, provided that all activities are conducted
within the buildable portion of the lot. For new businesses with a valid business
license, such outdoor sales and displays of goods, shall be limited to a maximum
30-day period within the first 180 days after that business is established. Existing
businesses shall be limited to a maximum of three periods totaling a maximum of
30 days within a given calendar year. Sales and displays may not occupy more
than 10 percent of the parking area for that business and shall not substantially
alter the existing circulation pattern of the site. Temporary sales and displays
shall not obstruct any existing disabled accessible parking space.
7. Heliport and Helistop. Heliports, helicopter fields, and helistops are only
permitted as temporary uses with the issuance of a temporary use permit and
only in commercial, industrial, and public/institutional zones within the City.
D. Similar uses. When a temporary use is not specifically listed in this chapter, the Director
shall determine whether the proposed temporary use is similar in nature to permitted
uses herein, and, if approved, shall establish the term and make necessary findings and
conditions for the particular proposed temporary use.
25.34.090 Automotive Service Stations
A. Purpose. The purpose of the special use regulations for automotive service stations is
to establish special location and site development standards to ensure that there is not
an overconcentration of stations in any single location and that the site is designed to
minimize visual and circulation impacts to surrounding properties and roadways.
B. Location. All service station sites shall front on streets designated as state highways on
the master plan of arterial highways unless the sites are part of or in conjunction with
developments such as shopping centers. No station shall be located within 500 feet of
any other service station.
C. Site size. The site of the service station shall be of sufficient size and configuration to
satisfy all requirements for off-street parking, setbacks, curb cuts, walls, landscaping,
and storage as provided in this title.
D. Setbacks. All buildings shall be set back from interior property lines a minimum of 18
feet and exterior property lines a minimum of 30 feet except that pump islands may be
located a minimum of 20 feet from all exterior property lines, and pump island canopies
may project to within 5 feet of exterior property lines.
E. Access. Driveways shall be designed and located as to ensure a safe and efficient
movement of traffic on and off the site to and from the lane of traffic nearest the curb.
34-23IPage Chapter 25 . 34 Special Use Provisions
ORDINANCE NO. 1259
F. Noise. Buzzers and amplified signaling bells are to be located within the service station
proper and shall not generate noise beyond that of a normal residential telephone ring
when the service station site abuts residentially zoned property or property used for
residential purposes.
G. Landscaping. A minimum of 20 percent of the site shall be landscaped with plant
materials designed to provide beautification and screening.
H. Lighting. All lighting fixtures shall be located in manner to shield direct rays from
adjoining properties. Luminaries shall be of a low level, indirect diffused type and shall
not exceed the height of the building.
I. Service bays. Service bay entrances shall not front upon a public street.
J. Wall. A 6-foot masonry wall shall be required along all interior property lines and a 3-
foot-high wall along the street.
Figure 25.34-1: Automotive Service Stations
6'Tall Masonry Wall Required - ,;
Service Bays. Service Bay Entrances
Shall Not Front Upon a Public Street.
Along All Interior Property Lines r. ';ir=` I Y
0 .,... 4, -
� pxt o ;• /
Access. Driveways shall be so AMi OF`#
designed and located as to
ensure a safe and efficient
movement of traffice on and 3'Tall Masonry
off the site to and from the lane Wall Required
of traffic nearest the curb. Along All Streets
Setback Requirements Landscaping. A minimum of
20 percent of the site shall be
Exterior Property Lines landscaped with plant materials
A. Buildings-30'Minimum Setback designed to provide beautification
B. Pump Islands-20'Minimum Setback and screening.
C. Pump Island Covers-5'Minimum Setback
Interior Property Lines
D. All Buildings-18'Minimum Setback
I
34-241Page Chapter 25. 34 Special Use Provisions
ORDINANCE NO. 1259
25.34.100 Restaurants
A. Outdoor seating. A restaurant shall be entitled to use tables within an outdoor patio for
food service purposes without the provisions of additional parking spaces based upon a
ratio of one outdoor table per five indoor tables up to a total of 3 outdoor tables or a
maximum 12 seats. The addition of more than 12 seating capacity will be deemed an
expansion of the use requiring a conditional use permit or amendment. The location of
the outdoor tables shall meet all health, safety, and fire codes.
B. Take-out restaurant requirements.
1. Purpose. The purpose of the special use regulations for take-out restaurants is to
establish special site development standards for circulation, landscaping, and
special setbacks when located adjacent to residential property.
2. Site Size/Configuration. The site shall be of sufficient size and configuration to
satisfy all requirements for off-street parking, setbacks, curb cuts, walls,
landscaping and refuse storage as provided in this title.
3. Setbacks. If located directly adjacent to residential properties, the Commission
may increase minimum setback and landscape buffering requirements to ensure
compatibility with residential uses and property.
4. Curb Cuts. The size and location of curb cuts for driveways shall be determined
by City public improvement standards.
5. Landscaping. Not less than 20 percent of the total site area shall be devoted to
landscaped planting areas.
6. Incidental Seating. A take-out restaurant under 2,000 square feet gross floor area
which sells prepared food shall be entitled to 2 serving tables or a maximum of 8
seating without reclassification as a restaurant for zoning purposes. These tables
may be located indoors or on an outdoor patio. When three or more tables are
provided, the use shall be deemed a restaurant and a conditional use permit
must be obtained.
25.34.110 Adult Entertainment Establishments
A. Location. No adult entertainment establishment shall be established in the locations
listed below. The measure of reference distance in this section shall be a straight line
from the nearest property line containing the adult entertainment establishment to the
nearest property line of an affected use, without regard to intervening structures.
1. In any zone other than the SI (service industrial district) generally located in the
area of Cook Street and Hovley Lane.
2. Within 500 feet of any residential zone or district.
3. Within 200 feet of any other zone or district except P (public/institutional district)
which district shall have no separation requirement.
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ORDINANCE NO. 1259
4. Within 500 feet of any parcel of real property on which is located any of the
following uses or facilities:
i. Church, existing as of January 1, 1999, defined in this chapter as any
facility used primarily for worship of any religion, or used for other
religious purposes. Facilities may be funded and/or operated either by
governmental public authorities or by private organizations.
ii. Schools, defined in this chapter as institutions for teaching or caring for
minor children (e.g., child care facilities, preschools, day schools,
elementary schools, secondary schools, high schools). Facilities may be
funded and/or operated either by governmental public authorities or by
private organizations.
iii. Public park or recreational facility which means public land which has
been designated for park or recreational activities, including but not
limited to a park, playground, nature trails, swimming pool, reservoir,
athletic field, basketball or tennis courts, open space, wilderness areas, or
similar public land within the City that is under the control, operation, or
management of the City's park and recreation authorities.
5. On any parcel that fronts on an arterial street.
6. Within 500 feet of any other adult entertainment establishment.
B. Exception. If an adult entertainment bureau is to serve as a referral service only and no
other type of adult entertainment business is conducted on the premises, the bureau
shall not be subject to the location requirements of this section, but shall otherwise
comply with City requirements with respect to the location of service establishments.
C. Amortization of nonconforming uses. The other provisions of this title dealing with
nonconforming uses shall not be applicable to adult entertainment establishments.
Instead, the following amortization schedule shall apply to all adult entertainment
establishments which do not conform to the terms of this chapter but otherwise legally
exist on the effective date of the action that renders the use nonconforming.
1. For an adult entertainment establishment legally existing in the City for a period
of no less than six months preceding the effective date of the action: 120 days.
2. For an adult entertainment establishment legally existing within the City for a
period of no less than three months preceding the effective date of the action: 90
days.
3. For an adult entertainment establishment legally existing within the City for any
period up to three months preceding the effective date of the action: 60 days.
34-261 Chapter 25 . 34 Special Use Provisions
ORDINANCE NO. 1259
25.34.120 Medical Marijuana Dispensaries
A. Medical Marijuana Dispensary Uses. A medical marijuana dispensary shall not include
the following uses, as long as the location of such uses are otherwise regulated by this
code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health
and Safety Code, a healthcare facility licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code, a residential care facility for persons with chronic, life-
threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and
Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code, a residential hospice, or a home health agency
licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as
any such use complies strictly with applicable law including, but not limited to, Health
and Safety Code Section 11362.5 et seq.
B. Prohibited. Medical marijuana dispensaries are prohibited in all City zones, and no
permit shall be issued therefore.
25.34.130 Communication Tower and Antenna Regulations
A. Purpose and intent. The regulations and requirements set forth herein are adopted for
the following purposes:
1. To provide for the location of commercial communication towers and commercial
communication antennas in the City.
2. To protect land uses from potential adverse impacts of commercial
communication towers and antennas.
3. To minimize adverse visual impacts of commercial communication towers and
antennas through careful design, siting, landscape screening, and innovative
camouflaging techniques.
4. To accommodate the growing need for commercial communication towers and
antennas.
5. To promote and encourage shared use/collocation of existing and new
commercial communication towers as a primary option rather than construction
of additional single-use towers.
6. To protect the public health, safety, and welfare.
7. To avoid potential damage to adjacent properties from tower failure through
engineering and careful siting of tower structures.
B. Applicability.
1. All new commercial communication towers and commercial communication
antennas in Palm Desert shall be subject to these regulations and all other
applicable regulations. For purposes of measurement, communication tower
setbacks and separation distances, as delineated herein, shall be calculated and
applied irrespective of municipal and county jurisdictional boundaries.
34-27lPage Chapter 25 . 34 Special Use Provisions
ORDINANCE NO. 1259
2. All commercial communication towers and commercial communication antenna
facilities existing on October 10, 1996 (the effective date of the ordinance
codified in this chapter) shall be considered permitted uses, and allowed to
continue their usage as they presently exist, provided, however, that anything
other than routine maintenance, including without limitation structural
modifications including provisions for additional antennas or additional providers
and/or new construction on an existing commercial communication tower, shall
comply with the requirements herein. Routine maintenance shall be permitted on
such existing towers.
C. Location.
1. Commercial communication towers and commercial communication antennas
shall not be permitted in any residential zoning district in the City.
2. Commercial communication towers and commercial communication antennas
may be approved in any of the following zone districts:
i. C-1 general commercial
ii. PC planned commercial
iii. PR planned residential —when commercial uses are in the zone
iv. SI service industrial
v. P public/institutional
111
vi. OS open space
vii. PI planned industrial
3. Commercial communication towers and commercial communication antennas
may locate on existing towers or buildings.
i. When located on buildings, commercial communication towers and
commercial communication antennas shall be architecturally integrated
into building design so as to be as unobtrusive as possible in context with
the adjacent environment and architecturally compatible with existing
structures in terms of design, color, and materials as determined by the
ARC.
ii. Shall not exceed 50 percent of the building height.
D. Permit requirements and exemptions. Except as otherwise outlined below, a
conditional use permit as established by Section 25.72.050 (Conditional Use Permit) is
required for all wireless communication facilities.
1. In order to ensure compliance with the requirements of 47 U.S.C. section 332(c)
(7) (B), an applicant that believes that the City's prohibition of wireless111
telecommunications facilities in particular zoning districts or any of the standards
34-28lPage Chapter 25 . 34 Special Use Provisions
ORDINANCE NO. 1259
in this chapter either (a) unreasonably discriminates among providers or
functionally equivalent services, or (b) prohibits or has the effect of prohibiting the
requirement of personal wireless services may apply for a conditional use permit.
In order for such permit to be granted, the decision-maker must find, in addition
to all other required findings for the granting of a conditional use permit, that
substantial evidence in the written record establishes that either of the above
stated criteria is met.
2. Collocation. Administrative review and approval may be available, so long as a
collocation facility satisfies all requirements set forth in Section 65850.6 of the
California Government Code.
E. Findings. New freestanding commercial communication towers/commercial
communication antennas shall not be allowed unless the applicant substantiates to the
satisfaction of the Commission:
1. That existing towers and buildings do not technologically afford the applicant the
ability to provide service to the service area of the applicant or service provider.
2. That the geographical boundaries of the proposed service area cannot
technologically be bifurcated to avoid the necessity for a freestanding
tower/antenna at the height proposed.
3. That the applicant shows compelling technological or economic reason(s) for
requiring a new freestanding facility.
F. Standards. The following performance and construction standards apply to commercial
communication towers and commercial communication antennas.
1. Setbacks. Commercial communication tower/antenna setbacks shall be
measured from the base of the tower/antenna to the property line of the parcel on
which it is located. Accessory structures shall comply with the minimum setback
requirements of the district in which they are located.
2. Separation from Off-Site Uses. Commercial communication tower separation
shall be measured from the base of the tower to the closest point of off-site uses
and/or designated areas as specified herein. Commercial communication towers
shall be set back from residentially zoned lands or residential uses a minimum of
300 feet.
3. Separation Distances between Commercial Communication Towers. Separation
distances between commercial communication towers shall be applicable for and
measured between the proposed tower and those towers that are existing and/or
have received land use or building permit approval from the City of Palm Desert
after October 10, 1996 (the effective date of this chapter). The separation
distances shall be measured by drawing or following a straight line between the
base of the existing tower and the proposed base, pursuant to a site plan, of the
proposed tower. The separation distances (listed in linear feet) shall be as
follows:
34-29IPage Chapter 25 . 34 Special Use Provisions
ORDINANCE NO. 1259
Table 25.34-1: Required Separation Distance for Communication Towers
Separation Towers—Types Distance
Monopole greater than 50 feet in height 1,000 feet
Monopole 50 feet or less in height 500 feet
Guyed tower at any height 1,000 feet
Figure 25.34-2: Separation Distance between Commercial Communication Towers
Monopole
>50'and<_80'
in height Guyed tower
Residential Monopoles 50'
Zone It in height
111
300'min 500'min
r 1 "'III
1,000'min
1,000'min
4. Fencing. A fence or wall not less than 8 feet in height from finished grade shall
be provided around each commercial communication tower except those
installed on rooftops. Access to the tower shall be through a locked gate.
5. Landscaping. The visual impacts of a commercial communication tower shall be
mitigated for nearby viewers through landscaping or other screening materials at
the base of the tower and ancillary structures. Landscaping and buffering of
commercial communication towers shall be required around the perimeter of the
tower and accessory structures to the satisfaction of the ARC. Further, the use of
existing vegetation shall be preserved to the maximum extent practicable and
may be used as a substitute of, or in supplement toward, meeting landscaping
requirements.
6. Height. No freestanding commercial communication tower/antenna shall exceed
85 feet in height from ground level. Where installed on top of a building, no
commercial communication tower/antenna shall extend greater than 50 percent
over the building height.
34-30IP caC' Chapter 25 . 34 Special Use Provisions
ORDINANCE NO. 1259
Figure 25.34-3 Height Requirements for Communication Towers and Antennas
Commercial
communication Freestanding
tower/antenna commercial
installed on top communication
of a building tower/antenna
50%%max I I I I
of building
height
85'max
Building
height
7. Type of Construction. Commercial communication towers shall be monopole
construction, provided, however, that guyed construction may be approved by
the Commission upon consideration of the following factors:
i. Compatibility with adjacent properties.
ii. Architectural consistency with adjacent properties.
iii. Visual impact on adjacent properties, including visual access of adjacent
properties to sunlight.
8. Development Criteria. Commercial communication towers/antennas shall comply
with the minimum development criteria of the district in which they are located,
pertaining to minimum lot size and open space.
9. Illumination. Commercial communication towers/antennas shall not be artificially
lighted except to ensure human safety or as required by the Federal Aviation
Administration.
G. Collocation.
1. Proposed commercial communication antennas may, and are encouraged to,
collocate onto existing commercial communication towers, provided that such
collocation is accomplished in a manner consistent with this section. Such
collocation is permitted without amendment of the existing conditional use permit
if no additional modification to the tower is proposed.
34-311r' Chapter 25. 34 Special Use Provisions
ORDINANCE NO. 1259
2. Any request to collocate a new antenna within the required separation radius of
an existing tower shall be required to collocate on the existing tower. Any
modification of that existing tower is subject to the conditional use permit
process.
3. If determined by the City that the proposed commercial tower is situated in a
location which will benefit the City's telecommunication systems, then the tower
shall be engineered and constructed to accommodate the additional
telecommunicating equipment beneficial to the public system at a cost to the City
no greater than the actual expense of the provider in so engineering and
constructing the tower to meet the City's needs.
4. Where collocation may effectively be accomplished without violation of the
provisions of this chapter and without reasonable interference with the applicant's
existing use, the applicant shall allow third-party collocation on any tower erected
under this chapter. Applicant may charge a reasonable rental fee for such
collocated use to the extent allowed by law.
H. Noninterference. No commercial communication tower or antenna shall interfere with
public safety communication. Frequency coordination is required to ensure
noninterference with public safety system and/or public safety entities.
I. Exceptions. Any request to deviate from any of the requirements of this section shall
require approval of an exception as outlined herein.
J. Documentation. Documentation to demonstrate conformance with the requirements of
this section shall be submitted by the applicant with all requests to construct, locate, or
modify a commercial communication tower/antenna.
K. Signs and advertising. The use of any portion of a commercial communication tower
for signs or advertising purposes, including without limitation company name, banners,
or streamers, is prohibited.
L. Abandonment. In the event the use of any commercial communication tower has been
discontinued for a period of 180 consecutive days, the tower shall be deemed to have
been abandoned. Upon such abandonment, the owner/operator of the tower shall have
an additional 180 days within which to: (1) reactivate the use of the tower or transfer the
tower to another owner/operator who makes actual use of the tower; or (2) dismantle
and remove the tower. At the earlier of 181 days from the date of abandonment without
reactivation or upon completion of dismantling and removal, any variance approval for
the tower shall automatically expire.
M. Exception process—applicability. The Commission may approve exceptions relative
to:
1. Zoning districts on which commercial communication towers and commercial
communication antennas may be located.
2. Height of building mounted commercial communication antennas.
34-32lPage Chapter 25 . 34 Special Use Provisions
ORDINANCE NO. 1259
3. Separation distances between residential zoned lands or residential uses and
111 commercial communication towers.
4. Separation distances between commercial communication towers.
N. Exception process—findings. The Commission shall make the following findings to
approve exceptions.
1. That there is a unique land use characteristic or nearby geographic feature which
results in a compelling technological need to locate the commercial
communication towers and/or commercial communication antennas in the
location and/or at the height proposed.
2. That the unique land use characteristics or geographic features mitigate any
negative aesthetic concerns.
O. Stealth installation. Stealth installation of commercial communication towers and
antennas are those determined by the ARC and the Commission to be designed to
blend in with their existing natural environment (e.g., monopoles designed as artificial
palm trees), creating a cluster effect through the use of a mix of artificial and natural
vegetation. In addition to the aforementioned sections, stealth installations shall be
subject to the following development standards:
1. Height. No stealth commercial communication tower or antenna shall exceed 65
feet in height as measured from ground level to top of the antenna. Frond or
artificial vegetation height shall not exceed more than 10 feet from the top of the
antenna.
2. Separation from Off-Site Uses and Other Commercial Communication Towers.
i. The Commission may waive the separation requirements from residential
zoned properties and residential uses if it is determined that the tower or
antenna utilizes an approved stealth design (e.g., artificial palm tree).
ii. The Commission may waive the separation requirements between
commercial communication towers if determined that the tower or
antenna utilizes an approved stealth design (e.g., artificial palm tree).
25.34.140 Exceptions Based on Unconstitutional Takings
A. Purpose. The purpose of this chapter is to ensure that the application of the standards
contained in Title 25 Zoning, including the environmental review and mitigation process
required by the California Environmental Quality Act as implemented by Chapter
25.60.040 (Environmental Analysis), to parcels within the City does not create a taking of
private property prohibited by federal or state constitutions.
B. Application and hearing.
1. Any applicant that contends that the application of the standards of Title 25,
including the environmental review and mitigation process required by the
California Environmental Quality Act as implemented by Chapter 25.60.040
34-331Pay { Chapter 25. 34 Special Use Provisions
ORDINANCE NO. 1259
(Environmental Analysis), will result in a taking of property without just
compensation in violation of the federal or state constitutions may apply for an
exception to these standards pursuant to this section.
2. The applicant shall provide information that sets forth the basis upon which the
applicant believes that the exception is necessary to provide the property with
economically viable use. This information shall include each of the following:
i. Basis for application. Date of acquisition of the property; purchase price of
the property; and an explanation of how the exception is necessary to
provide the property with an economically viable use.
ii. Economic data. Current market value of the property; dates and amounts
of invested capital following acquisition of the property; description and
amount of each assessment imposed upon the property for public
improvements; existing activities for the property; planned activities for
the property, including the timing for development; market value claimed if
the exception is denied; portion of the property retaining economic use if
the exception is not granted; and reduced profits if the exception is not
granted, including the assumptions underlying the estimates.
iii. Additional information. Such additional information as the City may
request in order to take action on the request. The applicant shall
cooperate with City requests for financial information regarding the
property. Confidential business information provided by an applicant to
the City shall remain confidential consistent with the requirements of the
Public Records Act(Government Code Section 6250 et seq.).
iv. Consultants and experts. The name, address, and occupation of each
consultant and expert providing information or in any way assisting in the
preparation of the application.
3. In acting upon an application, the Commission shall consider, among other
matters, each of the following:
i. Present use of the property and duration of that use, including each
General Plan designation and zoning classification applied to the
property, and each use to which the property was put.
ii. Fair market value of the property before the restriction that is the subject
of the exception application imposed.
iii. Alternative uses that are available for the property.
iv. The fair market value of the property if the exception is denied.
4. The Commission shall make its decision based on the evidence presented to it.
The decision shall be in writing with specific findings on the economic impact of
the application of the restriction for which the exception is requested.
111
34-34IPage Chapter 25 . 34 Special Use Provisions
ORDINANCE NO. 1259
5. The Commission, upon granting an exception pursuant to this section, may limit
the scope of the exception or impose conditions to achieve to the extent •
reasonably feasible the objectives of the standard or standards to which an
exception is being granted, but without constituting a taking of property without
just compensation.
25.34.150 Conversion of Abandoned Public Utility Well Sites
Abandoned public utility well sites may be approved for conversion to a private water export
irrigation well site subject to approval of a conditional use permit. Use of private water export
irrigation well sites shall not result in an increase in ambient noise levels measured prior to the
conversion. Any new physical site improvements shall comply with the applicable zone
standards and the architectural review process.
34-35lPage Chapter 25. 34 Special Use Provisions
ORDINANCE NO. 1259
I
[This page has intentionally been left blank.]
ORDINANCE NO. 1259
Chapter 25.40 — Site Development Provisions
111 Sections in this Chapter
25.40.010 Purpose and Applicability 40-1
25.40.020 Yard Measurements 40-1
25.40.030 Projections into Required Setbacks 40-7
25.40.040 Height Measurements 40-10
25.40.050 Accessory Structures 40-11
25.40.060 Swimming Pools and Equipment 40-13
25.40.070 Private Tennis Courts and Sports Courts 40-14
25.40.080 Fences and Walls 40-15
25.40.090 Screening 40-19
25.34.100 Traffic Sight Obstruction 40-22
25.34.110 Exterior Modifications 40-22
25.40.120 Undergrounding of Utilities 40-22
25.40.130 Required Park Dedication Fees. 40-23
25.40.010 Purpose and Applicability
The development standards contained within this chapter supplement the development
standards and special provisions that apply within each use district. The general provisions and
the special standards shall govern all uses and structures in every zone in addition to the
development standards within each zone. No structure or use may hereafter be constructed,
substantially changed, relocated, operated, occupied, established, or maintained on a lot unless
it conforms to all the general provisions and the development standards that apply within the
zone in which it is located.
25.40.020 Yard Measurements
A. Yard measurements. Required front, side, and rear yards shall be measured as the
minimum horizontal distance from the property line of the site or street right-of-way line
to a line parallel thereto on the site, except:
1. Where a specific street plan has been adopted by the Council, site area and
required yards shall be measured from the plan line, and no provisions of this title
shall be construed to permit a structure or use to extend beyond such line.
2. Where a site abuts on a street having only a portion of its required width
dedicated or reserved for street purposes, site area and required yards shall be
measured from a line drawn on the boundary of the additional width required for
street purposes abutting the site.
B. Lot width reductions for cul-de-sacs and knuckles. No site shall have less than the
required lot width as prescribed in the applicable zone district, except lots fronting on cul-
de-sac or knuckle streets may have 35 feet of frontage.
40-1111 ,_ z Chapter 25 . 40 Site Development Provisions
ORDINANCE NO. 1259
Figure 25.40-1: Lot Types
IN
i
/—'- 1.
-
Y. y---,s..../ ...........__.
\ / /
r
35'min frontage for lots
1 fronting on cul-de-sacs 1
1 and knuckle streets I
L J
Cul-de-sac Kunckle street
C. Width of corner lots. Corner lots shall have extra width in addition to the width
prescribed in the zoning schedule at least equal to the width of the minimum interior side
yard prescribed for a main structure in the district and in no case shall the lot width be
less than 80 feet.
Figure 25.40-2: Width of Corner Lots
4 Front P.L.
Min interior
side yard
a a
w a
v+l c
Width equal to
the min interior 1 Min lot width required
side yard by the zoning schedule
Rear P.L.
80'min lot width
40-2lPage Chapter 25. 40 Site Development Provisions
ORDINANCE NO. 1259
D. Side and rear yards—requirements and exceptions. In addition to the regulations
prescribed within each residential use district, the following regulations shall apply:
1. On the street side of a corner lot the side yard shall not be less than 10 feet.
2. On a reversed corner lot the minimum rear yard may be not less than the
minimum side yard prescribed for the district if the side yard adjoining the street
is not less than the required front yard on the adjoining key lot, or 15 feet,
whichever is greater.
3. On the side street side of corner lot, the minimum side yard for a garage, carport,
or off-street parking space required to serve a dwelling in a residential district
shall be 20 feet.
Figure 25.40-3 Side and Rear Yard Requirements
Minimum rear yard may not
be less than the minimum
side yard
Minimum street side yard
setback equal to the required
front yard,or 15;whichever is
greater
Front P.L. K._ —
--Street SideP
-- L. __
- --
1II I
I �`�✓ I
d 1d dl 1
a'
V
l 1!
i/\
10'min I Interior Side P.P.L.
Required street side yard Rear and street side yard requirements on
reverse corner lots
Front P.L.
FrontP.l.__—_ /1:1 -—-
I 1 I I
al �I 1y
m; '„2'. 4 n
ii
El r
' I 20'min I c �� Min equal I
to required
h---'')( I 1 street side yard 1
1 L._ - Rear P.L. \sj. Rear P.L. __—
Minimum side yard for a garage,carport, Minimum side yard for a garage,carport,
or off-street parking space with access or off-street parking space with access
perpendicular to the street side yard parallel to the street side yard
40-3IPage Chapter 25 . 40 Site Development Provisions
ORDINANCE NO. 1259
E. Front, side and rear yard setback exceptions.
1. Front and/or rear yard setbacks may be reduced by up to 25 percent of the
required setback provided that the average of each such setback, when
considered on an individual basis, is not less than the minimum required for the
district (i.e., a 50-foot wide dwelling which chooses to utilize a 25 percent
reduction for 25 feet of its width must provide a setback at least 25 percent
greater than the minimum prescribed setback for the remaining 25 feet of its
width).
i. Notwithstanding the preceding, in the R1 8,000 district the minimum rear
yard may be reduced to 10 feet provided that the average of the rear yard
setback complies with the 15-foot requirement.
ii. Notwithstanding the preceding in the R1 district, the required minimum
front setback to a garage door shall be 20 feet measured from the
property line and for a side entry garage 16 feet measured from the
property line. To encourage the rehabilitation of older units and the
provision of off-street parking within garages, on lots with existing homes
that are legal nonconforming because they do not provide a minimum of
2-covered off-street parking spaces, the required minimum front setback
to a garage door shall be 26 feet measured from street curb face.
2. In addition to the provisions of subsection A of this section, the required front,
rear and side yard setbacks on an irregularly shaped lot may be reduced by as
much as 20 percent upon a showing that:
i. The lot in question is irregular in shape (i.e., the lot has significantly less
width or depth than the typical lot in the subdivision or the lot has more
than 4-boundary lines and the dimensions prevent a home typical of the
neighborhood from being placed on the lot; and
ii. The ARC makes a determination that the reduced setback(s) will not have
a detrimental impact on the neighborhood.
3. In order to encourage rehabilitation of older dwelling units and to provide shaded
parking for vehicles, the ARC may approve well designed carport structures with
a minimum setback of 20 feet to be measured from the curb face to the front
edge of the carport structure. Side-in carport structures may be approved to a
minimum setback of 16 feet measured from the curb face to the nearest
projection of the carport. In approving such setback, the ARC shall send a notice
to property owners within 300 feet of the property and make a determination that
the reduced setback will not have a detrimental impact on the neighborhood,
taking into account the opinions of nearby property owners and any property
owners associations.
I
40-41Page Chapter 25. 40 Site Development Provisions
ORDINANCE NO. 1259
Figure 25.40-4 Front and rear yard setback exceptions
Front P.L. Front P.L.
25%Max. r
---- ---- -
Reduction to Min.Front
I
Front Yard I ! i Yard Setback
Setback •
t • j Increased
Front Yard
Setback to
Match
Reduction aI Id
.._i. '_1 v. . a)
a
G y inl IN
l%1 .is
Increased
Rear Yard
Setback to
Match '
Reduction • l' I I Min.Rear I 10'Min.
• 25%Max. Yard Setback! } Provided
Min.Rear Reduction L..—.. -._-.1 15'Min.
Yard Setback to Rear Yard Rear P.L. Average
L-- -- -- ------J Setback Maintained
Rear P.L. R-1,8,000 District Rear Yard
General Front and Rear Yard Setback Exceptions Setback Exception
I ___ _ Fro_ntP.L.
r J'0'Mi
16'Min.forSideEntry Garages
-jl 1 a11VV '�!
a _ ,
R-1 District Front Yard Setback Exceptions to Garage Doors
Street Curb Face
Front P.L. _
r___----- - 26'Min.
a., ' I'a:
a) G)
3 1 Vv I�
1 ( 1
R-1 District Front Yard Setback Exceptions
to Garage Doors on Lots with Existing Legally
Nonconforming Homes
40-5 Page Chapter 25 . 40 Site Development Provisions
ORDINANCE NO. 1259
Figure 25.40-4 Front, and rear yard setback exceptions (continued)
I 20%Max.
I Reduction I
I to Setback I—
Front P.L. _
� - +v� r-- --,
bG/ I I �—'�f--'I 20%Max.
�, I Reduction I
-• Irregularly I to Setback I
Irregularly I Shaped Lot I J
Shaped Lot a a that had
Regularly vl Significantly I
\ with more than Shaped Lot -0' Less Depth N
'\ 4-Boundary I`" } I
Lines
\ I - -RT..— I-I
Rear
RearP.L.
Front,Rear,and Side Yard Setback Exceptions on Irregularly Shaped Lots
Street Curb Face
I
I/ A \
20'Min.
16'Min.forFront P.L.
Si a In Car
ports
7
r..—..T..—.- .R---JJ—.--
-
I Inv
I I
I
Setback Exceptions to Well Designed Carport Structures
25.40.030 Projections into Required Setbacks
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).
I
40-6IP .; , Chapter 25 . 40 Site Development Provisions
ORDINANCE NO. 1259
Table 25.40-1: Projections
Maximum Minimum
Projection into Setback from
Required Setbacks 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 window'
- Front, rear, or street side yard 3'-0" 3'-0"
- Internal side yard 2'-0" 3'-0"
Porches and steps2
- Front, rear, or street side yard 6'-0" 3'-0"
- Internal side yard 2'-0" 3'-0"
Balconies (over 6'-0" above ground)
- Front or rear yard 6'-0" 5'-0"
- Internal side yard 5'-0" 5'-0"
- Street side yard 5'-0" 3'-0"
Open stairways3(all yards) 4'-0" 3'-0"
Covered patios4
- Rear yard 8'-0" 3'-0"
- Side yard (within 35 feet of rear lot 5'-0" 5'-0"
line)
- Maximum coverage of rear yard 50%
Underground structures No limit 5'-0"
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".
40-71P Chapter 25 . 40 Site Development Provisions
ORDINANCE NO. 1259
Figure 25.40-5: Projections into Required Setbacks
All projections(unless otherwise specified) Oriel or bay window
J . J J J
d d d d
3'max 2'max
3'min Projection Projection
3'min 6'max Setback P 3min 3min SetbackProjection ax Setback Setback
Required Buildable Required I Buildable Buildable Buildable
Yard Area Area Yard Area I Area Required 1 Area Required I Area
Yard Area I Yard Area I
Front,rear,or side yard Internal side yard Front,rear,or side yard Internal side yard
Porches and steps Covered patios
J J J ' J
a a a i' a Ss
wisassme
2'max 3'min •�8'max 5'min ��5'max
6'max I—H
Projection Setback Project. Setback Project.
3min Projection 3min
Setback BM 36"max Setback —
IT
Required Buildable Buildable Required Build. t Required Build.
Yard Area Area Required 1 Area Yard Area Area Yard Area Area
Yard Area
Front,rear,or side yard Internal side yard Rear yard Side yard(within 35'of
rear lot line)
Balconies Open stairways
' 6'max ' 5'max 5'max ' 5'max
Project. .Project. Project. Project.
5'min“ I v I 5'min I I : 3'min I 3'min
Setback Mg',
I�„ Setback Setback 111:111111111111 i SetbackWI 1
H
so
Required Build. Required Build. Build.
Yard Area Area Yard Area Area Required Area Required I
Yard Area I Yard Area
Front or rear yard Interior side yard Street side yard All yards
I
40-81Pagc, Chapter 25 . 40 Site Development Provisions
ORDINANCE NO. 1259
A. 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.
25.40.040 Height Measurements
A. Height measurement (building). Established by a vertical measurement from the
average elevation of the finished grade to the highest point of the structure directly
above; provided that a roof shall be measured to the highest point of the roof.
Figure 25.40-6: Measuring Building Height
Highest Point
G � of the Roof
Building Building
Height —
Height
Finished
111MillIMMIMIMII.11.1
Grade
Average Elevation
of Finished Grade
B. Tower elements. Height of towers, spires, cupolas, chimneys, water tanks, flagpoles,
monuments, scenery lofts, radio and television aerials, and antennas except home
satellite receivers, commercial transmission towers, fire towers and similar structures
and necessary mechanical appurtenances:
1. Shall not cover more than 10 percent of the ground area covered by the
structure.
2. Shall be erected to a height of not more than 65 feet or not more than 25 feet
above the height limit prescribed by the regulations for the district in which the
site is located, whichever is less.
3. Utility poles and towers shall not be subject to the height limits prescribed in any
district regulations.
4. The height limits do not apply to ground-mounted commercial communication
towers or building-mounted commercial communication antennas. Height of said
ground-mounted commercial communication towers and/or building-mounted
commercial communication antennas shall be as prescribed in Section 25.34.130
(Communication Tower and Antenna Regulations).
I
40-91Page Chapter 25. 40 Site Development Provisions
ORDINANCE NO. 1259
Figure 25.40-7 Tower Element
25'max above
height limit prescribed
by regulations
25'max
height
-+. ",
floo 000 _ = o00 000
Elements shall not cover
more than 10%of the ground
area covered by the structure
25.40.050 Accessory Structures
Detached accessory buildings except as otherwise controlled by this chapter shall be subject to
the following regulations:
1. Only permitted in the rear yard setback.
2. Open, non-habitable, gazebo-like structures with a maximum height of 10 feet shall
be permitted with a minimum setback of 1 foot of setback for each foot of building
height upon recommendation of approval of the ARC.
3. On lots having less than 12,000 square feet of lot area, detached accessory
buildings used for storage purposes and having 120 square feet or less of floor area
with a maximum height of 8 feet shall be permitted with a minimum setback of 8 feet
from any property line.
4. On lots having more than 12,000 square feet of lot area, detached accessory
buildings shall not exceed one story or 14 feet in height and may not occupy more
than 25 percent of the required rear yard setback and shall be set back from any
property line a distance equal to the height.
5. On lots having 40,000 square feet of lot area or more, a conditional use permit as
described in Section 25.72.050, is required to approve a detached accessory
40-101 =' _. 40 Chapter 25 . 40 Site Development Provisions
ORDINANCE NO. 1259
structure with a maximum height of 18 feet, one-story, provided the structure is set
back from property line a distance equal to its height.
6. No accessory building shall be approved if the total building coverage allowed by the
zone is exceeded.
7. Roof deck structures are prohibited.
Figure 25.40-8: Accessory Structures
Lots< 12,000 sf Front P.L. Lots 212,000 sf<40,000 sf Front P.L.
Ir - —I T Same as for —I
Primary Structure i
Jd1 )� J I 1p
�� v' Primary a -oa8'max NStructure `o_ 14ma �+
111
i. I
,5 `'.1..L-14' I ] 14'-il
120 sf max 1:8' I 25%max of required z
°D rear yard area L I j
Rear P.L. Rear P.L.
Lot>40,000 sf Front P.L. Open,nonhabitable, Front P.L.
P gazebo-like structures
J -
1 Olf a i J
18'max cu
\ 'n IIM p
11 III !ulll�I l
r-18' 18'a,, Illllr " -10' AVA
l o' l
25%max of required 1._:-.18'
o, I� VAT c
X
�l J
rear yard area _ , L s J
Rear P.L. Rear P.L.
25.40.060 Swimming Pools and Equipment
Private swimming pools and equipment shall be permitted on residential lots in accordance with
the standards listed below.
1. The water perimeter of the pool shall be no closer than 5 feet from any property line
unless appropriate engineering documentation is provided which shows that the pool
will not create a surcharge problem on structures at the property line. With
appropriate documentation the minimum setback may be reduced to 2 feet from the
property line.
2. All swimming pool equipment shall be housed in a building or be located behind a
screen wall of sufficient height to obscure said pool equipment from public view.
I
40-11lP1ge Chapter 25 . 40 Site Development Provisions
ORDINANCE NO. 1259
3. Swimming pool equipment shall be located a minimum of 5 feet from any property
line. With appropriate structural documentation, the minimum setback may be
reduced to 2 feet from the property line.
Figure 25.40-9: Swimming Pools and Equipment Standards
Swimming pool equipment shall be All swiming pool equipment shall be housed
located a minimum of 5'from any in a building or be located behind a screen
property line. With appropriate wall of sufficient height to obscure said pool
structural document,the minimum equipment from public view.
setback may reduced to 2'from the
property line.
V
/// iiiicw/
♦ 1041
11*
The water perimeter of the pool shall be no
closer than 5'from any property line. With
appropriate environmental documentation,
the minimum setback may be be reduced to
2'from the property line. *It
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 one tennis court and one 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.
40-12lP : c, c Chapter 25 . 40 Site Development Provisions
ORDINANCE NO. 1259
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, bearms and landscaping.
5. A landscape and irrigation plan shall be provided for review and approval by the
ARC.
6. If the proposal for a private tennis court/sports court includes the provision of lighting
for night play, the owner/applicant shall provide fully engineered lighting plan
pursuant to the provisions of Chapter 24.16, Outdoor Lighting Requirements.
7. If the tennis/sports court is depressed at least 4 feet below the existing grade or the
fence is no more than 6 feet above the adjacent grade then the court may be located
to within 5 feet of the side and rear property lines.
8. Design and orientation of sports courts may be subject to ARC review to insure
minimum impacts on adjacent properties.
Figure 25.40-10: Private Tennis Courts and Sports Courts
—Fencing shall be Side and Rear Setback Requirements
01,
screened from Lighted courts t
public view and require a fully LP,,,o ,.ir},
adjacent property engineered .1� •-�
with a combination lighting plan. „ (- ' 7
of walls,berms,and See Chapter °�A. u, i< — —
landscaping. 24.16.— 1Gz,v._
u si, 10'max.
Front P.L. tt
20'min.
l
Ilk Standard Requirement-10'min.setback with 10'max.
fence height
411 D ' it
la max.
5'mm --
J u-- I .`4'1n.1 _..
Reduced Requirement A-5'min.setback with 4'min.
lel ,,
depression below existing grade
l'r'.--) 1-3"'''" -11§V",'(5_
t
n
�� ✓ 9
l�� ;,in. v3<
k ,,_ ' i
_. _. ,
. ,_ ti _._
XrRLDCD
10'min.The setback may be reduced
to 5'if certain requirements are met. Reduced Requirement B-5'min.setback with 6'max.
For more Information,see the Side and fence height
Rear Setback Requirements sections.
40-131Page Chapter 25 . 40 Site Development Provisions
ORDINANCE NO. 1259
25.40.080 Fences and Walls
A. Purpose and applicability. The development standards provided in Table 25.40-2
(Location, Height and Material Standards by Fence Type) apply to fences and walls
within the RE, R-1, R-2, R-3 and PR district on residential lots. The purpose is to specify
location, material, and review procedures to remove all ambiguity and achieve
consistency throughout the City. The objective is to protect and reconcile the often
conflicting goals of aesthetics, privacy, security, view sight lines, and drainage.
B. Review procedures. All applications for fences and walls may be subject to on-site
inspection prior to approval. Photographs of the subject property and adjacent properties
may be sufficient to demonstrate any impacts the wall(s) may create. In addition,
retaining walls will require approval by the public works department.
C. Wall requirement—new residential construction. All new residential construction
shall include walls or fences of a minimum of 5 feet in height enclosing rear and interior
side yards.
Table 25.40-2: Location, Height and Material Standards by Fence Type
Fence Type Location Height(max Materials
or range)
Walls and Fences in Front and Side Setbacks
Short Fence 7'-0"from curb face' 3'6" Decorative materials
including decorative
blocks,stucco or wrought
iron.
Moderate height fence 15'-0"from curb face1'2 3'7"to 4'11" Decorative materials
including decorative
blocks, stucco or wrought
iron.
Tall fence 20'-0"from curb face 5'to 6' Decorative materials
including decorative
blocks, stucco or wrought
iron.
Walls and fences at or Behind front building setback(side 6'-0" Decorative block, precision
behind building yard tie-in fences, interior side yard block stuccoed or painted
setbacks,visible from and rear-yard fences) to match house;wrought
ROW iron.
Walls and fences, not Behind front building setback 6'-0" Block—all types; redwood,
visible from ROW cedar or other approved
decay-resistant wood
product;wrought iron.
Retaining walls and Rear or interior side property line 6'-0"(highest Decorative block, stucco or
combinations of retaining associated with a cut slope. adjoining wrought iron.
and wrought iron fences. grade)
(Cut Slope)
Retaining walls.(Fill Slope) Rear or interior side property line 6'-0"(lowest Solid wall materials.
associated with a fill slope. adjoining
grade)3
40-141Pagr. Chapter 25. 40 Site Development Provisions
ORDINANCE NO. 1259
Fence Type Location Height(max Materials
or range)
Combinations of retaining Combinations of solid retaining 9'-0"(lower Decorative block and/or
and wrought iron fences. walls and wrought iron fences adjacent stucco and wrought iron.
(Fill Slope)4 located on a rear or interior side grade).
property line associated with a fill 6'-0"
slope. (maximum
combination
fence height
measured from
the higher
adjacent
grade)
Notes
1.Fences are not permitted within the public right-of-way.
2. Site inspection or photos shall ensure that visibility adjacent to driveways and street corners shall not be impaired.
3. Where a fill slope retaining wall is proposed adjacent to a vacant lot which does not currently meet the City's grading ordinance,
the City engineer shall determine the lower adjacent grade based upon an assessment of the minimum grade required on that
vacant lot to meet the grade elevation drainage requirements.
4. In addition, the department of public works may require additional measures to mitigate adverse impacts of fill conditional
according to the City's grading ordinance.
Figure 25.40-11: Walls and Fences in a Residential Zone
R
Public Street OA
Building i At or behind
setback ' buildin setbacks
20'min
15'min
7'min
i 1
6' 5-6' 43 9 42„
Face of
iv Curb
V �
Section A-Fence Height in Yards Adjacent to Streets with Sidewalks
Building At or behind
setback buildin setbacks
20'min
Public Street 0 15'min
7'min
Maximum Fence Height F 1- f
6' 5-6' 43-59" 42 Face of
6" . 6' 59" 42"
Curb
`This coincides with building setback areas.
Special fence and wall styles and materials are
permitted within this area.
Section B-Fence Height in Yards Adjacent to Streets without Sidewalks
40-15lPage Chapter 25. 40 Site Development Provisions
ORDINANCE NO. 1259
D. Maintenance of nonconforming fences. Normal maintenance of nonconforming
fences shall be permitted to preserve a quality appearance. Major structural repairs or
replacement shall be required to conform to be above location and material standards.
E. Exceptions procedures.
1. ARC Review. Requests for exceptions to the above standards may be reviewed
and approved subject to the following findings:
i. That unusual circumstance exist which make the literal interpretation and
enforcement of the standards impractical or contrary to the purpose of the
ordinance codified in this section.
ii. The exception shall not result in damage to adjacent properties.
iii. Property owners adjacent to the proposed exception shall be informed of
the application at least 10 days prior to the ARC meeting.
2. If the property is within a gated community with a homeowners association with a
bona fide architectural review process and the applicant obtains approval from
that architectural review body, the City's architectural review process may be
waived.
F. Additional provisions for walls.
1. Measuring Wall Height. Wall height shall be measured from the higher finished
grade adjoining the fence or wall.
Figure 25.40-12: Measuring Fence Height
I I I I I
Fence • Measure Height from
top point of retaining
wall height from
lower grade
40-161Page Chapter 25. 40 Site Development Provisions
ORDINANCE NO. 1259
Figure 25.40-13: Retaining Walls
g'I ax
6'max __ combination
{ { solid wall
material
6'max and open
6'max solid wall wrought
material iron fencing
Retaining and combination walls Retaining and combination walls
with open wrought iron fencing
2. Landscape Plan Required. A formal landscape plan shall be required to be
submitted and approved by the City prior to the approval of any application for a
wall adjacent to a public street.
3. Undulation of Walls. All walls adjacent to a public street shall be designed to
provide undulation (offset of at least 18 inches) or pilaster at least every 30 feet
of linear extent of the wall. Undulating walls may encroach up to 18 inches into
required wall setbacks.
Figure 25.40-14: Wall Undulations
I30 yak 30 oiak
78a
07iq
Undulated walls Walls with pilasters
4. Wall Color. Walls shall be finished in a desert color.
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).
40-1710 ;1r:, Chapter 25. 40 Site Development Provisions
ORDINANCE NO. 1259
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.
40-181 ; ;, c Chapter 25. 40 Site Development Provisions
ORDINANCE NO. 1259
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. Industrial district.
1. In an 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 provided along all
property lines except for those adjacent to public rights-of-way; in which case a
setback of 20 feet will be maintained (common perimeter screening between
adjoining properties is allowable upon mutual consent of the respective owners).
Planting materials used for perimeter screening shall be the type which shall,
within 18 months after property development, provide the intended screening
effect.
4. Perimeter screening will not be required if deemed unnecessary by the ARC,
based upon its approval of submitted development and landscaping plans which
establish to its satisfaction that attractive development will occur in keeping with
the intended residential/resort/recreational nature of the community.
G. Planned residential and industrial district.
1. All screening requirements for developments within the planned residential (PR)
and planned industrial (PI) districts shall be determined by the ARC during its site
plan review proceedings.
H. Planned commercial district perimeter.
1. A masonry wall at a minimum height of 7 feet shall be provided along all property
lines except for those adjacent to public rights-of-way, in which case a setback of
20 feet will be maintained.
2. An opaque hedge row at a minimum height of 7 feet shall be provided along all
property lines except for those adjacent to public rights-of-way; in which case a
setback of 20 feet will be maintained (common perimeter screening between
adjoining properties is allowable upon mutual consent of the respective owners).
40-191 -' Chapter 25. 40 Site Development Provisions
ORDINANCE NO. 1259
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.
1. No outside storage shall exceed the height of actual perimeter screening.
25.34.100 Traffic Sight Obstruction
On a corner lot, no fence, wall, hedge, structure or other obstruction, except the natural grade of
a site, within a triangular area formed by the existing or future curb lines and a line connecting
points on the existing or future curb lines a minimum of 40 feet from the intersection of the
projection of the curb lines, shall exceed a height of 3 feet above established grade at the edge
of the street pavement or the existing pavement or traveled way.
25.34.110 Exterior Modifications
The colors of an existing building, structure, sign, wall, fence or other improvements to real
property that are visible from public right-of-way shall not be significantly changed unless
reviewed and approved by the Director or ARC upon appeal. This shall be a no fee process. For
the purposes of this section "significantly changed" means a change in hue, shade or intensity
of color.
25.40.120 Undergrounding of Utilities
A. Purpose. This section provides the regulations and procedures governing the
installation of underground utilities or the conversion of existing overhead facilities within
the boundaries of the City as a part of development.
B. Applicability. Except as provided in this chapter, all new and existing electrical
distribution lines, telephone, cable antenna television, and similar service wires or
cables, which are adjacent to and provide service to the property being developed, shall
be installed underground as a part of development from the nearest existing pole not on
the property being developed with the following exceptions:
1. In the development, remodeling, or enlargement of a single-family dwelling upon
an existing, subdivided lot in the R-1, R-2, or RE zone district where overhead
utility distribution lines presently exist, the facilities may remain. Any new single-
family dwelling shall conform to the requirements of this section as a part of
development. This exception shall not apply to new residential subdivisions or
any new service lines to the dwelling.
2. Temporary utilities along with the necessary service poles, wires, and cables
may be permitted for the period during which authorized construction is
40-20I ' _• Chapter 25. 40 Site Development Provisions
ORDINANCE NO. 1259
continuing for which valid building permits have been issued or for temporary
uses which comply with requirements of the zoning ordinance, building code, and
other applicable regulations.
3. Risers on poles which provide service to the property and existing buildings are
permitted and shall be provided by the developer or owner on the pole.
4. Appurtenances and associated equipment such as surface-mounted
transformers may be placed aboveground when it is determined by the City
engineer that it would be too costly to underground such equipment.
5. The undergrounding of existing overhead facilities shall not be required as a part
of the development of property in the R-2 and R-3 districts where more than 50
percent of the street frontage situated within the same block has already been
developed with overhead facilities. This exception does not apply to any service
lines.
C. Recorded agreement. In lieu of undergrounding existing distribution lines as a part of
construction, the Commission may permit the recording of an agreement guaranteeing
that the property will voluntarily be a part of any undergrounding district which is
subsequently established by the City including the property in question. The form of this
agreement shall be acceptable to the City attorney and shall run with the land. This
section shall not be applicable to the service lines that lead directly to the building.
D. Responsibility for compliance. The developer or owner is responsible for complying
with the requirements of this section and they shall make the necessary arrangements
with the utility company for the installation of such facilities.
E. Nonconforming structures. Buildings or structures, which on the effective date of the
ordinance codified in this chapter are nonconforming in regard to aboveground on-site
utility lines, may continue to be used, altered, or enlarged in the same manner as if such
nonconforming utility lines did not exist. However, when the buildings or structures are
increased by 2,500 square feet or more in area or when alteration or enlargement
require the installation of utility lines at new locations on the buildings and structures, the
service lines shall comply with the requirements of this title.
25.40.130 Required Park Dedication Fees.
No building permit shall be issued for the purpose of establishing a dwelling unit or units, a
mobile home or mobile home park, or for increasing the number of existing dwelling units or
mobile homes on a parcel or parcels of land until the Director has verified that the parcel or
parcels of land upon which such use or uses are proposed to be established is in compliance
with all applicable regulations of the City's local park dedication or payment of fees in lieu
thereof requirement, as provided by the Subdivision Ordinance.
40-211Pee Chapter 25. 40 Site Development Provisions
ORDINANCE NO. 1259
Chapter 25.46 — Off-Street Parking and Loading
25.46.010 Purpose 46-1
25.46.020 Applicability 46-1
25.46.030 Parking Lot Design Requirements 46-1
25.46.040 Parking Requirements 46-4
25.46.050 Golf Cart, Motorcycle, and Scooter Parking Requirements 46-7
25.46.060 Bicycle Parking Requirements 46-8
25.46.070 Clean Air Vehicle Parking Requirements 46-9
25.46.080 Joint Use Parking 46-10
25.46.090 Exceptions 46-10
25.46.100 Off-Street Loading 46-10
25.46.010 Purpose
This chapter provides provisions to make available properly designed parking areas and loading
berths adequate in capacity, location, and design to prevent traffic congestion and a shortage of
curb spaces in the city. Off-street parking facilities shall be provided incidental to new uses and
alterations and enlargements of existing uses. The number of parking spaces shall be in
proportion to the need created by the particular type of use. Off-street parking and loading areas
are to be established in a manner that will ensure their usefulness, protect public safety, and
where appropriate, buffer surrounding land uses from their impact.
25.46.020 Applicability
Off-street parking shall be provided for any new building constructed and for any new use
established; for any addition or enlargement of an existing building or use; and for any change
in the occupancy of any building or the manner in which any use is conducted that would result
in additional parking spaces being required, unless an equivalent substitute number of such
spaces is provided and maintained conforming to the requirements of this chapter except as
otherwise provided in this chapter.
25.46.030 Parking Lot Design Requirements
A. Location of parking spaces. The required parking spaces or garages shall be located
on the same building site except as otherwise provided by this title. Property within the
ultimate right-of-way of a street or highway shall not be used to provide required parking
or loading facilities.
B. Design and maintenance. All off-street parking spaces and areas required by this
chapter shall be designed and maintained to be fully usable for the duration of the use
requiring such areas and spaces.
C. Tandem spaces. Except for mobile homes, tandem spaces shall only be permitted for
those spaces that exceed the requirements of this title, or as approved by the
Commission.
46-1113 Chapter 25 . 46 Off- Street Parking and Loading
ORDINANCE NO. 1259
D. Parking development standards. Parking areas serving industrial, commercial,
apartment and public or community, facility uses shall be subject to the following parking
standards:
1. Stall Dimensions. Each off-street parking stall shall consist of a rectangular area
not less than 9 feet wide by 16 feet, 6 inches long plus 2 feet of overhang except
as otherwise provided in this chapter. Parking spaces adjacent to tree planters
may have a minimum length of 15 feet plus 2 feet of overhang. End spaces
where clear back-out space is restricted on one side shall be 11 feet in width.
2. Bumper or Tire Guard Requirements. Bumper or tire guards shall be provided
along any property line that abuts a public walkway, street or alley, unless
specifically waived by the ARC, Commission, or Council.
3. Lighting Requirements. Parking lot lighting shall conform to the requirements of
Chapter 24.16, Outdoor Lighting Requirements.
4. Marking Requirements. All open parking stalls shall be clearly outlined with a
minimum 4-inch wide double ("hairpin") lines on the surface of the parking facility.
5. Paving Requirements. All parking stalls and maneuvering areas shall be paved
and permanently maintained with pavers, asphaltic or concrete cement surfacing.
All areas within the parking area not used for parking stalls or maneuvering areas
shall be landscaped.
6. Screening: Wherever off-street parking areas are situated across the street from
property in a residential district, a masonry wall or berm 3 feet in height shall be
erected within the required landscape area to adequately screen the residential
properties.
7. Maneuvering requirements. Parking areas shall be designed to enable a car
entering the parking area to move from one location to any other location within
the parking area or premises without entering a street.
8. Use Restrictions. The required parking area shall not be used for any other use
other than the temporary storage of motor vehicles during the time that the use
requiring the parking is in operation.
9. Arrangement Requirements. Parking and maneuvering areas shall be so
arranged that any vehicle entering a vehicular right-of-way can do so traveling in
a forward direction.
10. Supplemental Covered Parking Standards for Residential Uses. Covered parking
areas serving residential uses shall be subject to the following supplemental
parking development standards.
i. Single-family residential districts.
In single-family residential districts including conventional detached,
cluster housing, or condominium, 2 of the required parking spaces shall
be provided within a garage or carport.
46-21 rc Chapter 25. 46 Off- Street Parking and Loading
ORDINANCE NO. 1259
Each space shall contain 10 feet by 20 feet of unobstructed area. This
requirement shall be met by utilizing the interior dimensions of the garage
or carport.
ii. Multiple-family residential districts.
In multiple-family residential districts, including apartments, parking shall
be provided as follows:
iii. One space for each one-bedroom unit shall be provided within a garage
or carport.
iv. A minimum of one of the required parking spaces for each 2 or more
bedroom units shall be provided within a garage or a carport for each
living unit.
v. Parking development standards contained within this chapter.
E. Parking design standards.
All parking areas, other than single-family conventional development, shall be subject to
the design standards set by the City.
Figure 25.46-1: Parking Lot Design Requirements
Public street
Public walkway 2'overhang 48 sq ft.Tree planter
Bumper or tire guards _ _ ---._-- -i 2'overhang
shall be provided along
any property line that
abuts a public walkway, '1Or'
street or alley - Q
r r Irs
-
11'min for end spaces _
where clear back-out N
space is restricted on
one side
15'min for 9'Min
spaces adjacent
to tree planters—
Parking areas shall be
paved and maintained Planter beds and
with asphalt or concrete tree planters shall
cement surfacing be bordered by a
concrete curb at
least Cull
2'overhang
All spaces shall be PIO Where trees already
outlined by 4"wide exist,the parking lot
parking lines h Q' shall be designed to
make the best use of
this existing growth
! and shade
46-31Page Chapter 25. 46 Off- Street Parking and Loading
ORDINANCE NO. 1259
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
Childrens homes 1 per 4 beds'
Cluster housing
Studio and one bedroom 2 per unit
Two and more bedrooms 2.5 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 beds'
Residential care home 1 per 4 beds'
Agricultural and Animal-Related Uses
Stables, boarding 1 per 5 stables2
Veterinary facility 3 per 1,000 sq.ft.
Recreation, Resource Preservation, Open Space, Education,and Public Assembly Uses
Assembly uses 1 per 3 seats3
Billiard halls 2 per billiard table
Bowling alleys 2 per alley
Golf-related uses
Driving ranges 1 per tee4
Golf courses 5 per hole4
Pitch and putt 3 per hole4
Libraries 2 per 1,000 sq.ft.
46-4lPaye Chapter 25. 46 Off- Street Parking and Loading
ORDINANCE NO. 1259
Use Minimum Stalls Required
Lodge halls 13 per 1,000 sq.ft.
Preschools,nursery schools,and day nurseries 2 per 3 employees+ 1 per 8 children
Private clubs 13 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.4
Sports arenas and stadiums 1 per 3 seats3
Swimming pools,commercial 2 per 1,000 sq.ft.of pool area4
Tennis facilities, commercial 3 per court4
Theater/auditorium 1 per 3 seats3
Union halls 13 per 1,000 sq.ft.
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.
111 Banks 5 per 1,000 sq.ft.
Drugstores 5 per 1,000 sq.ft.
Financial institutions and savings and loan offices 4 per 1,000 sq.ft.
Furniture stores 2 per 1,000 sq.ft.
Plant nursery with outdoor sales and displays 4 per 1,000 sq.ft. of gross building area + 2 per 1,000 sq.ft.
of outdoor display and greenhouse area
Grocery stores 5 per 1,000 sq.ft.
Health,figure,and exercise salons and spas 6 per 1,000 sq.ft.6
Hotels 1.1 per guest unit4
Lumber yards 2 per 1,000 sq.ft. of floor area + 1 per 1,000 sq.ft. of open
area for sales and display+ 1 per 2 employees
Medical,clinics 6 per 1,000 sq.ft.7
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 unit4
Offices 4 per 1,000 sq.ft.s
Personal services 4 per 1,000 sq.ft.
Resort hotels 1.1 per guest unit4
Restaurants 10 + 10 per 1,000 sq.ft. for first 3,000 sq.ft. + 15 per each
additional 1,000 sq.ft.
Retail uses,general 4 per 1,000 sq.ft.s
46-5IPage Chapter 25 . 46 Off- Street Parking and Loading
ORDINANCE NO. 1259
Use Minimum Stalls Required
Shopping centers,community and regional 5.5 per 1,000 sq.ft.
1,000-car parking area 10%reduction
1,500-car parking area 12%reduction
2,000-car parking area 14%reduction
2,500-car parking area 15%reduction
Shopping centers, specialty and district 5 per 1,000 sq.ft.
Automobile and Vehicle Uses
Auto rental agencies 2.5 per 1,000 sq.ft.of gross rentals
•
Auto repair 2.5 per 1,000 sq.ft.
Auto service stations 10 spaces
Auto washing,full service 16 spaces
Auto washing, self service 5 per 2 stalls
Auto and vehicle sales 2.5 per 1,000 sq.ft.
Industrial, Manufacturing, and Processing Uses
Industrial uses,generals 2 per 1,000 sq.ft.10
Storage, personal storage facility 6+2 per caretaker unitll
Support facilities for construction, renovation, and Provide as needed
equipment installations
2 per 3 employees and not less than 1 per 1,000 sq.ft. for
Warehouses and storage facilities the first 20,000 sq.ft. 1 per 2,000 s sq.ft. for the second
20,000 sq.ft., 1 per 4,000 sq.ft. for area in excess of initial
40,000 sq.ft.
Wholesaling and distribution 1 per 3,000 sq.ft.
Notes:
1. The number of beds used in the calculation shall match the resident capacity of the home as listed on the required license or
permit.
2. Parking areas for boarding stables should be treated to prevent dust and designed to provide for the needs of customers and
employees.
3. For facilities that include benches, 18 linear inches of bench shall be considered a fixed seat. For facilities, or portions thereof,
that do not include fixed seats,parking shall be provided at the ratio of 1 space to 35 square feet of seating area.
4. As is needed,additional parking should be provided for other uses on the site.
5. Excluding greenhouses.
6. Swimming pool area shall be counted as part of a facility's floor area.
7. Based upon submittal of a tenant improvement floor plan, Commission may grant up to a 15 percent parking reduction. Items
to be considered in granting such reduction include elevators, stairways, and landings;interior utility facilities;restroom areas;
and non-leasable common areas.
8. Exclusive of stairways,elevators,landings,and mechanical rooms,not exceeding 15 percent of the gross floor area.
9. Excepting structures used exclusively for warehousing purposes.
10. Loading spaces may be counted as part of the required parking at a rate not to exceed 1 per 2,500 gross square feet.
11. Additional parking may be required by the Director through the precise plan process.
B. Conditional use permit required.
1. Within the C-1 zone, parking is limited to a maximum of one space for every 250
square feet of floor area. To exceed this maximum, a conditional use permit may
be required.
46-61Payo Chapter 25. 46 Off- Street Parking and Loading
ORDINANCE NO. 1259
2. As part of said conditional use permit the Commission may modify the parking
requirements for said use. In modifying such requirements the Commission shall
consider:
i. The parking demand generated by said use in relation to other uses in the
area.
ii. The hours of operation of said use in relation to the hours of operation of
other uses in the area.
iii. The relationship of the type of use to other uses in the area.
iv. Any other factor the Commission might deem necessary in making its
decision.
C. 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 public works department but not until one year after occupancy
resulting from the conditional use permit. Existing commercial uses utilizing valet parking
must have an approved valet parking plan which includes provisions for insurance for
the patrons to the satisfaction of the city attorney.
D. In-lieu parking payments.
In commercial districts, parking spaces required by the provisions of this chapter may be
satisfied by the payment of a fee per parking space to the off-street parking fund of the
city prior to issuance of a building permit provided that the district in which the use is to
be established is within an established parking district. Funds placed into the off-street
parking fund pursuant to the provisions of this chapter shall be used exclusively for the
purpose of acquiring and developing off-street parking facilities, limited insofar as
practicable to the general vicinity of the premises for which in-lieu payments were made.
The payment shall be in an amount set forth by Council resolution. This provision shall
apply only to projects in the C-1 and OP districts and may not be used to replace more
than 50 percent of the required spaces.
25.46.050 Golf Cart, Motorcycle and Scooter Parking Requirements
Up to 10 percent of a development's parking requirement may be met by parking for golf carts,
motorcycles, and scooters. Parking spaces for these vehicles shall not measure less than 5 feet
wide by 10 feet long.
46-7IPage Chapter 25 . 46 Off- Street Parking and Loading
ORDINANCE NO. 1259
Figure 25.46-2: Typical Golf Cart, Motorcyle and Scooter Parking Space
001
koi
r N r r
L 5'Min
25.46.060 Bicycle Parking Requirements
Each parking area associated with any type of land use listed under Section 25.46.040 (Parking
Requirements) of this chapter, except for single-family and two-family residential dwellings, shall
provide a number of bicycle parking spaces in accordance with the following:
A. Number of required bicycle parking spaces.
1. Short-term Bicycle Parking. If a land use or project is anticipated to generate
visitor traffic, the project must provide permanently anchored bicycle racks within
200 feet of the visitor's entrance. To enhance security and visibility, the bicycle
racks shall be readily visible to passersby. The bicycle capacity of the racks must
equal an amount equivalent to 5 percent of all required off-street vehicle parking,
as identified in Section 25.46.040 (Parking Requirements). There shall be a
minimum of one rack with capacity for two bicycles.
2. Long-term Bicycle Parking. Buildings with over 10 tenant-occupants (e.g.,
multifamily tenants, owners, employees) shall provide secure bicycle parking for
5 percent of all required off-street vehicle parking spaces, as identified in Section
25.46.040 (Parking Requirements). There shall be a minimum of one long-term
bicycle parking space. Acceptable parking facilities shall be convenient from the
street and include one or a combination of the following:
i. Covered, lockable enclosures with permanently anchored racks for
bicycles.
ii. Lockable bicycle rooms with permanently anchored racks.
iii. Lockable, permanently anchored bicycle lockers.
iv. In the case of residential development, a standard garage is sufficient, if
available.
B. Bicycle racks. Required bicycle parking may be provided in floor, wall, or ceiling racks.
Where required bicycle parking is provided with racks, the racks must meet the following
requirements:
46-81 Pa ye Chapter 25 . 46 Off- Street Parking and Loading
ORDINANCE NO. 1259
1. The bicycle frame and one wheel can be locked to the rack with a high-security
U-shaped shackle lock if both wheels are left on the bicycle.
2. A bicycle of 6 feet in length can be securely held with its frame supported so that
the bicycle cannot be pushed or fall in a manner that will damage the wheels or
components.
C. Parking and maneuvering areas. Each required bicycle parking space must be
accessible without moving another bicycle. There must be an aisle at least 5 feet wide
adjacent to all required bicycle parking to allow room for bicycle maneuvering. Where the
bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the
right-of-way. The area devoted to bicycle parking must be hard surfaced.
1. Visibility. If required bicycle parking is not visible from the street or main building
entrance, a sign must be posted at the main building entrance indicating the
location of the bicycle parking.
Figure 25.46-3: Required Bicycle Parking
._110111111111 __=-"""`" Outdoor short-term
bicycle parking areas shall
��� not be separated from a
building's main entrance
SO
�s��ft
by more than 200:
14 -
•f
11,1
1. Parking area length-6'min n
2. Access aisle width-5'min , 1-�1
25.46.070 Clean Air Vehicle Parking Requirements
A. Clean air vehicle parking for nonresidential uses. The following is required by Title
24, Part 11 (CALGreen) of the California Building Code. Of the required off-street
parking requirements for nonresidential uses identified in Section 25.46.040 (Parking
Requirements), approximately 8 percent of these spaces should be designated parking
spaces for any combination of low-emitting, fuel-efficient, and carpool/vanpool vehicles
(including electric vehicles). There are no requirements for residential uses. Table 25.46-
2 (Clean Air Parking Spaces for Nonresidential Uses) shows the number of required
clean air vehicle parking spaces for nonresidential uses.
46-9lPage Chapter 25. 46 Off- Street Parking and Loading
ORDINANCE NO. 1259
Table 25.46-2: Clean Air Parking Spaces for Nonresidential Uses
Total Number of Off-Street Parking Spaces Number of Off-street Parking Spaces to Be Clean Air
(as identified in Section 25.46.040) Vehicle Parking Spaces
0-9 0
10-25 1
26-50 3
51-75 6
76-100 8
101-150 11
151-200 16
201 and over At least 8 percent of total
B. Parking stall marking. Paint, in the paint used for stall striping, the following characters
such that the lower edge of the last word aligns with the end of the stall striping and is
visible beneath a parked vehicle:
1. Clean Air
2. Vehicle
25.46.080 Joint Use Parking
Dual use of parking may be allowed where the operating hours of the uses involved do not
overlap. Joint use of parking shall not exceed 50 percent of the required spaces of any uses
involved. The agreement for the joint use shall be in the form of a recorded covenant and shall
be acceptable to the city attorney. The approval for the joint use can be granted only by the
Commission and shall apply exclusively to the C-1 and OP zoning districts.
25.46.090 Exceptions
A. Precise plan exception.
The standards of Sections 25.46.030 (Parking Lot Design Requirements) and the design
standards for off-street parking facilities shall be required unless modified by the precise
plan.
25.46.100 Off-Street Loading
A. Off-street loading requirements.
Every hospital, institution, hotel, motel, commercial, or industrial building hereafter
erected or established shall have and maintain loading spaces as provided subject to the
following standards:
1. Each loading berth shall not be less than 45 feet in length and 12 feet in width
exclusive of aisle or maneuvering space, and shall have an overhead clearance
of not less than 14 feet.
46-101Page Chapter 25. 46 Off-Street Parking and Loading
ORDINANCE NO. 1259
2. Such space may occupy all or any part of any required yard space, except front
and exterior side yards, and shall not be located closer than 50 feet to any lot in
any residential zone unless enclosed on all sides except the entrance by a wall
not less than 8 feet in height.
3. Sufficient room for turning and maneuvering vehicles shall be provided on the
site so that vehicles shall cross a property line only by driving forward.
4. Each loading berth shall be accessible from a street or alley or from an aisle or
drive connecting with a street or alley.
5. Entrance from and exits to streets and alleys shall be designed to minimize traffic
congestion.
6. The loading area, aisles, and access drives shall be paved so as to provide a
durable, dustless surface and shall be so graded and drained so as to dispose of
surface water without damage to private or public properties, streets, or alleys.
7. Bumper rails shall be provided at locations where needed for safety or to protect
property.
8. If the loading area is illuminated, lighting shall be deflected away from abutting
residential sites so as to cause no annoying glare.
9. No repair work or servicing of vehicles shall be conducted in a loading area.
10. Off-street loading facilities shall be located on the same site with the use for
which the berths are required.
Figure 25.46-4: Typical Loading Space
as•,y�
Q50P
14'Minimum
Overhead Clearance
50 min setback for loading spaces Dorn
parcels in residential districts unless the
spaces are enclosed by an 8 wall
11. If more than one use is located on a site, the number of loading berths provided
shall be equal to the sum of the requirements prescribed in this title for each use.
Where the gross floor area of each use is below the minimum requirement, the
aggregate gross floor area should be used to determine the number of off-street
46-11IPage Chapter 25. 46 Off- Street Parking and Loading
ORDINANCE NO. 1259
loading berths and should be applied to the use requiring the greatest number of
loading berths.
12. Off-street loading facilities for a single use shall be considered as providing
required off-street loading facilities for any other use as long as sufficient spaces
are provided to meet the requirements of all uses.
13.At the time of initial occupancy, major alterations or enlargement of a site or of
completion of construction of a structure or of a major alteration or enlargement
of a structure, there shall be provided off-street loading berth requirements. The
number of loading berths provided for a major alteration or enlargement of a site
or structure shall be in addition to the number existing prior to the alteration or
enlargement.
14. Space allocated to any off-street loading berth shall not be used to satisfy the
space requirements for any off-street parking facility.
15. Loading space being maintained in connection with any main building existing on
the effective date of the ordinance codified in this chapter shall thereafter be
maintained so long as the building remains, unless an equivalent number of such
spaces are provided on a contiguous lot in conformity with the requirements of
this chapter; however, this regulation shall not require the maintenance of such
space for any type of main building other than those specified above.
16. No loading space which is provided for the purpose of complying with the
provisions of this title shall hereafter be eliminated, reduced, or converted in any
manner below the requirements established in this title, unless equivalent
facilities are provided elsewhere, conforming to this title.
B. Loading spaces required.
Table 25.46-3 (Off-Street Loading Spaces) identifies how many loading spaces are
required for all hospitals, institutions, hotels, motels, and commercial and industrial uses.
Table 25.46-3: Off-Street Loading Spaces
Total Square Feet of Building Space(gross floor area) Loading Spaces Required
Commercial and industrial buildings
less than 6,000 sq.ft. 0
6,000-15,000 sq.ft. 1
15,001-40,000 sq.ft. 2
40,001 sq.ft. and over 3
Hotels and motels 1
Hospitals and institutions
10,000-50,000 sq.ft. 1
50,001-100,000 sq.ft. 2
100,001 sq.ft. and over 3
46-1212 Chapter 25. 46 Off-Street Parking and Loading
ORDINANCE NO. 1259
Chapter 25.52 — Landscaping
Sections in this Chapter
25.52.010 Purpose 52-1
25.52.020 Applicability 52-1
25.52.030 Residential Landscape Provisions 52-1
25.52.040 Nonresidential Landscape Provisions 52-3
25.52.050 Parking Lot Landscaping Standards 52-5
25.52.060 Landscape Maintenance Requirements 52-8
25.52.070 Landscape and Irrigation System Plan Reivew 52-8
25.52.010 Purpose
The purpose of this chapter is to establish minimum landscape standards to enhance the
appearance of developments, provide shade, reduce heat and glare, control soil erosion,
conserve water, ensure the ongoing maintenance of landscape areas, and ensure that
landscape installations do not create hazards for motorists or pedestrians. All landscaping shall
be planted and maintained according to Chapter 24.04 (Water-Efficient Landscape), and the
landscape installation and maintenance guidelines in such a manner to maximize the growth,
health, and longevity of the plantings.
25.52.020 Applicability
The regulations of this chapter apply to new and existing development, as follows. Deviations
from the development standards of this article may be allowed on a case-by-case basis by the
designated approving authority through site plan and architectural review.
A. New projects. New commercial, industrial, mixed-use, multifamily residential and single-
family residential projects shall be reviewed by the designated approving authority to
ensure landscaping is provided in compliance with the requirements of this article and
Chapter 24.04 (Water-Efficient Landscape).
B. Existing development. Where an existing nonresidential, mixed-use, and/or multifamily
residential project requests an amendment that increases the building square footage by
10 percent or more, the designated approving authority shall evaluate the existing
landscape to ensure compliance with applicable requirements of this chapter and
Chapter 24.04 (Water-Efficient Landscape).
25.52.030 Residential Landscape Provisions
A. Single-family residential landscape installations equal to or greater than 5,000 square
feet in size installed as part of new construction or remodel are subject to the standards
of Chapter 24.04 (Water-Efficient Landscape) of the municipal code.
B. For residential districts, at least 25 percent of the lot area shall be pervious surface. No
more than 40 percent of the front yard area shall be non-pervious surface (e.g., used as
a driveway). Deviations from these standards may be allowed through site plan and
architectural review for small-lot single-family developments at the time of master home
52-1I Chapter 25 . 52 Landscaping
ORDINANCE NO. 1259
plan review where these standards preclude the maximum lot coverage from being
achieved.
C. Remaining unpaved portion of the setback areas shall be landscaped, irrigated, and
maintained. All landscaping shall be maintained per the City's Maintenance Guidelines
and/or as often as necessary to prevent a nuisance. No junk, debris, or other similar
materials shall be stored in the landscaped areas.
D. Landscaping shall be designed to prevent irrigation water from flowing over paved
surfaces. Techniques include:
1. Off-setting any turf areas from driveways and sidewalks a minimum of 24 inches
to prevent overspray from sprinklers.
2. Using a subterranean irrigation system (versus spray irrigation) or drip irrigation
system.
3. Other water conservation techniques.
E. A minimum of two 24-inch box shade trees are required within the front yard setback of
all single-family residences.
Figure 25.52-1 Maximum Non-Pervious Surface Areas
// Front Yard '
Non-pervious I I
Surfaces
Detached
I Garage
(Non-
Pervious)
At least 25%of I '
the lot area shall be I
pervious surface
' I
Single Family Home
(Non-Pervious)
' I
' I
'r V
No more than 40%of
the front yard area shall
be non-pervious surface Street
52-21 Chapter 25 . 52 Landscaping
ORDINANCE NO. 1259
25.52.040 Nonresidential Landscape Provisions
A. Commercial landscaping requirements.
Table 25.52-1 (Commercial Landscaping Requirements) identifies the minimum required
depth of landscaped areas adjacent to residential districts and public right-of-ways and
the minimum required coverage of landscaping for commercial districts and specific
commercial uses.
Table 25.52-1: Commercial Landscaping Requirements
Minimum Landscaping Minimum Landscaping
District/Use Depth Required along Depth Required within Minimum Required
Property Lines Adjacent Required Setback Adjacent Coverage
to Residential Districts to Public Right-of-Ways
Commercial Districts
C-1 —General 10'1 - -
Commercial District
PC—Planned Commercial District
District Commercial _ 20'2 15%
Center
Regional Commercial - 30,2 20%
Center
Resort Center
Hotels - 25%3
Other Uses - - 20%
Specialty Commercial - 10'2 15%
Center
Specific Commercial Uses
Automobile Service - - 20%4
Stations
Take-Out Restaurants - - 20%
Notes:
1. This area shall be landscaped with plant materials.
2. Landscaping in these areas shall consist of an effective combination of street trees, trees,ground cover and shrubbery and may
include such items as sidewalks,access driveways,flagpoles,fountains,and other similar appurtenances.
3. Landscaping shall be developed as usable landscaped open space and outdoor living and recreation area with an adequate
irrigation system.
4. Area shall be landscaped with plant materials designed to provide beautification and screening.
B. Commercial landscape provisions.
1. C-1 — General Commercial District.
i. All non-paved areas shall be landscaped and maintained to control dust.
ii. Wherever off-street parking areas are situated across the street from
property in a residential district, a masonry wall or berm 3 feet in height
shall be erected within the required landscape area, outside of the public
right-of-way to adequately screen the residential properties.
52-31 Chapter 25 . 52 Landscaping
ORDINANCE NO. 1259
iii. An automatic irrigation system shall be provided for all landscaped areas.
2. PC — Planned Commercial District.
Landscaping within required setback adjacent to the public right-of-way shall be
provided and maintained in perpetuity subject to the following conditions:
i. A distinct demarcation between asphalt paving and landscaped area shall
be provided in accordance with Chapter 24.04 (Water-Efficient
Landscape).
ii. Berming (undulating or embanked) shall be required with a minimum
variation of elevation being 30 inches.
Figure 25.52-2: Berm Elevation Requirement
p a
/ n 1, G 7
G b Gaib G
(' J
J '
30"min variation of
—elevation for berms
iii. An automatic irrigation system for landscaped area shall be provided.
iv. No other usage or storage is permitted within required landscaped area.
C. S.I. —Service Industrial landscape provisions.
1. The required front yard and required side yard on the street side of a corner lot,
except for the area occupied by necessary driveways and walkways, shall be
landscaped with trees and other plant materials.
2. Landscaping within required setback adjacent to the public right-of-way shall be
provided and maintained, subject to the following conditions:
i. A distinct demarcation between asphalt paving and landscaped area shall
be provided in accordance with Chapter 24.04 (Water-Efficient
Landscape).
ii. At least one-third of the total landscaped area shall be provided by trees,
shrubs, and other plant material.
52-41 Chapter 25 . 52 Landscaping
ORDINANCE NO. 1259
iii. Berming (undulating or embanked) shall be required with a minimum
variation of elevation being 30 inches.
iv. An automatic irrigation system for the landscaped area shall be provided.
v. No other usage or storage is permitted within the required landscaped
area.
3. PI — Planned Industrial District. All landscaping requirements shall be determined
by the ARC during its site plan review proceeding.
25.52.050 Parking Lot Landscaping Standards
A. Landscaping requirements.
1. A minimum of 15 percent of the total off-street open parking area shall be
landscaped with a mixture of trees, shrubs, vines, ground cover, hedges, flowers,
bark, chips, decorating cinders, gravel, and similar material. A minimum of one-
third of the required landscaping shall be distributed within the interior of the
parking facility and the remaining two-thirds of the required landscaping shall be
provided as peripheral planting on the exterior edges of the parking area.
2. All planter beds and tree planters shall be bordered by a concrete curb not less
than 6 inches in height adjacent to the parking surface.
111 3. All applicants creating new or rehabilitating parking lots shall provide a landscape
plan for review and approval by the landscape manager and ARC for said
parking lots. The landscape plan shall incorporate water-conserving plant
material and irrigation technology in accordance with Chapter 24.04 (Water-
Efficient Landscape).
4. All landscape areas shall be well maintained in perpetuity.
B. Screening requirements.
1. All off-street parking areas shall be screened to minimize the visual impact on
adjacent streets and properties. No parking space shall be located within 6 feet
of a street property line. Any open areas in the interiors shall be landscaped with
appropriate plant materials.
2. Open parking facility or a loading area shall be screened from a residential
district adjoining or directly across a street or alley. Screening shall be 6 feet in
height, except that screening to protect properties across a street may not be
less than 4 feet in height.
I
52-51 Chapter 25 . 52 Landscaping
ORDINANCE NO. 1259
Figure 25.52-3: Parking Lot Landscaping Requirements
67%of the required landscaping shall be 33%of the required
c ,
landscaping shall be
provided as peripheral distributed within
planting the interior of the
CZ')
parking facility
a
y eMy ld�i� coq
VL v 3�
r~ �, tires �lu v �dir/ L
".cJ/6 / .
Public ROW 6'min setback from street-facing property line �J
C. Tree requirements.
1. The intent of this code is to improve and maximize the landscaping within the off-
street open parking areas to provide 50 percent or more of shade coverage in 10
years. In order to achieve this coverage, the applicant shall plant single-trunk,
low-branching trees in windy areas, and design, where possible, north/south-
oriented parking areas to provide maximum shade. Landscaping shall be
provided and maintained to the extent that at least one medium- or large-scale
tree is planted for every three parking stalls. A diversity of tree species is
required.
2. The minimum size tree planted shall be no less than a 24-inch box tree, sized to
specifications according to the American Standard for Nursery Stock (ANSI
Z60.1) and Arizona Nursery Association Grower's standards.
3. Low water use and native plant materials shall be encouraged and used to the
greatest extent possible.
4. Problematic trees having shallow or invasive roots or having brittle or weak
branching structure shall be prohibited.
5. Parking lot trees adaptable to the Coachella Valley environment shall be selected
and planted according to the recommended parking lot tree list in the City's
parking lot tree design criteria and specifications on file in the City Clerk's office.
6. Where trees already exist, the parking lot shall be designed to make the best use
of this existing growth and shade wherever it is reasonably possible.
52-61 Chapter 25 . 52 Landscaping
ORDINANCE NO. 1259
D. Parking lot hardscape requirements.
Parking lot dividers, islands, planters, and planting areas shall be a minimum of 5 feet
wide and 10 feet long except that all new or retrofitted tree planters shall be a minimum
of 9 feet by 7 feet, measured to the inside perimeter of the planter, and shall have no
less than 48 square feet of permeable soil planting area.
Figure 25.52-4: Parking Lot Hardscape Requirements
II
9'Min
- . 5'Min •—+ 5'Min
Dividers/Planting Areas Islands Tree Planters
E. Parking lot tree irrigation requirements.
Automatic irrigation systems within parking lots shall be installed. Trees shall be irrigated
with drip emitters, bubbler heads, or subterranean low-volume drip system. Trees shall
be irrigated separately from shrubs and ground covers.
F. Parking lot tree maintenance and installation requirements.
All plants and irrigation systems shall be installed according to Chapter 24.04 (Water-
Efficient Landscape). The owner shall guarantee the quality of work, health, and
condition of plants and installation of materials including but not limited to plant types,
size, spacing, and irrigation systems. Prior to final acceptance of the project, the City
shall inspect and verify that the installation is in compliance with the approved plans and
specifications. All corrections, adjustments, and/or replacement of landscape elements
shall be done prior to final approval by the City. In the event corrections cannot be made
or an installation cannot be completed prior to issuance of a certificate of occupancy, the
City shall require a cash deposit equal in value to the amount of landscaping not
completed. A cash deposit is returned only when the City gives final approval of the
project.
G. Carport structures in lieu of required trees.
Shade coverage requirements may be replaced by installing carport structures
throughout the parking lot with some trees throughout the parking lot. The use of carport
structures shall be approved through the architectural review process. The provision of
carports shall not preclude the necessity for providing on-site perimeter landscaping.
52-71 Chapter 25 . 52 Landscaping
ORDINANCE NO. 1259
The carport design shall be integrated with the project architecture and landscaping
providing space for trees between rows of carports creating an aesthetically well-
designed project. Three carport-covered parking spaces shall be considered the
equivalent of planting of one required tree.
25.52.060 Landscape Maintenance Requirements
1. Maintenance shall include, but not be limited to: proper pruning, watering, and
fertilization of plants; periodic replacement of decomposed granite; irrigation system
repairs and adjustments; removal, adjustment, and/or replacement of tree stakes;
and weed removal. All missing, dead, dying, or significantly injured tree(s) must be
replaced. Unless otherwise approved, a replacement tree(s) shall be the same size
and type as removed. The minimum size replacement tree(s) allowed shall be no
less than a 24-inch boxed tree.
2. All major tree-pruning work for maintenance shall be supervised by an International
Society of Arboriculture-certified arborist. All pruning shall be performed with an
overall goal of providing maximum tree canopy development. The topping of trees is
prohibited. Pruning to reduce the canopy coverage is also prohibited unless
otherwise approved by the landscape manager. All significantly injured, decayed or
dead trees, and trees found to be significantly damaged by improper pruning shall be
removed and replaced. All maintenance work performed shall be in accordance with
the City of Palm Desert's landscape maintenance guidelines.
25.52.070 Landscape And Irrigation System Plan Review
Landscape and irrigation plans shall be submitted for review and approval through the
architectural review process. All submittals must be in compliance with this chapter and Chapter
24.04 (Water-Efficient Landscape).
52-8 Page Chapter 25 . 52 Landscaping
ORDINANCE NO. 1259
Chapter 25.56 — Signs
Sections in this Chapter
25.56.010 Purpose and Intent 56-1
25.56.020 Applicability 56-1
25.56.030 Sign Permit and Design Review Requirements 56-2
25.56.040 Exempt signs 56-3
25.56.050 Prohibited Signs 56-4
25.56.060 General Provisions for All Signs 56-5
25.56.070 Permanent Signs 56-10
25.56.080 Standards for Specific Types of Permanent Signs 56-16
25.56.090 Temporary Signs 56-26
25.56.100 Comprehensive Sign Program 56-30
25.56.110 Nonconforming Signs 56-32
25.56.120 Abandoned Signs 56-33
25.56.130 Abatement of Illegal Signs 56-33
25.56.140 Penalties 56-34
25.56.010 Purpose and Intent
The intent of this chapter is to implement the goals and policies of the General Plan, particularly
with regard to developing a City that is visually attractive and preserving and enhancing the
111 visual aspects of the City's streets, highways, vistas and view sheds. The purpose of these
regulations is to:
A. Provide each sign user an opportunity for adequate identification while guarding against
excessive advertising and the confusing proliferation of signs by regulating the time,
place, manner, and design quality under which signs may be displayed.
B. Ensure signs are in harmony with the building, the neighborhood (both existing
commercial and residential or existing or proposed residential communities), and other
signs in the area by eliminating sign clutter and promoting compatibility, proportion,
simplicity, design quality, and sign effectiveness.
C. Protect the safety of motorists and pedestrians by minimizing the distraction of excessive
and intrusive signs as well as to protect the life, health, property, and general welfare of
residents and visitors.
25.56.020 Applicability
A. Signs allowed. The sign standards provided in this chapter are intended to apply to all
types of signs in all zoning districts in the City. Only signs authorized by this chapter
shall be allowed. Signs erected illegally shall be abated in compliance with Section
25.56.130 (Abatement of Illegal Signs).
B. New zoning district. If a new zoning district is created after the enactment of this
chapter, no signs shall be allowed until this chapter is amended to govern the new
zoning district.
56-Il Chapter 25 . 56 Signs
ORDINANCE NO. 1259
C. Sign review criteria. The sign review criteria specified in this section shall be used by
the applicable review authority during the design review process to ensure that signs are
well designed, compatible with their surroundings, and do not detract from the overall
visual quality of the City.
D. Nonconforming signs. An existing legally permitted sign that does not conform to the
requirements of this chapter shall be deemed a lawful nonconforming sign and shall be
subject to the requirements of Section 25.56.110 (Nonconforming Signs).
E. Official signs. Nothing contained in this chapter shall prevent the installation,
construction, or maintenance of official traffic, fire, or police signs, temporary traffic-
control signs used during construction and maintenance of utility facilities, and
substructure location and identification signs required to protect these facilities, devices,
and markings of the state Department of Transportation, Director, Council, or of other
competent public authorities, or the posting of the notices required by law.
25.56.030 Sign Permit and Design Review Requirements
A. Purpose and applicability. This section provides a review procedure prior to the
installation of signs, to ensure that the design implements the objectives of the General
Plan and is consistent with the building site design and building architecture.
B. Sign permit application. It is unlawful for any person to place, alter, or to permit the
placement or alteration of a sign, including painted signs, upon any property without first
obtaining an approved sign permit application from the Department. Signs that are
exempt from this requirement are listed in Section 25.56.040 (Exempt Signs).
C. Application contents. Applications for sign permits shall be made on a form provided
by the Department and shall be accompanied by a fee as established by Council
resolution. The application shall provide the information and material specified in the
department's handout for a sign permit application. The applicant shall also provide a
signed statement from the property owner or authorized representative that the owner or
representative has reviewed the proposed sign(s) and approves of the proposed sign(s)
and their location prior to submittal of the sign permit application to the City.
D. Design review required. The following sign types and sign programs shall be submitted
to the ARC for approval prior to approval of a sign permit application:
1. Freestanding signs (monument signs) require a sign design review as required
by Section 25.68.050 (Sign Design Review).
2. All new awnings, including color change to existing awnings, shall require design
review required by Section 25.68.050 (Sign Design Review).
3. Comprehensive sign programs shall be reviewed for compliance with Section
25.68.060 (Comprehensive Sign Programs).
4. Individual signs for any building with more than 100 lineal feet of building
frontage facing a public or private right-of-way shall be reviewed according to
Section 25.68.050 (Sign Design Review).
56-21 Chapter 25 . 56 Signs
ORDINANCE NO. 1259
5. Any sign that the Director determines should be reviewed by the ARC due to the
unique design, context, color, size, shape, location, or circumstance of the sign
are subject to the requirements of Section 25.68.050 (Sign Design Review).
E. Sign Review Criteria. In approving or rejecting a sign permit application, the reviewing
authority shall consider the design review criteria provided herein. The design criteria
shall not be construed or applied in a manner as to violate any legal rights bestowed by
state or federal law. The reviewing authority shall find:
1. That the sign is necessary for the applicant's enjoyment of substantial trade and
property rights;
2. That the sign is consistent with the intent and purpose of this chapter and title;
3. That the sign does not constitute a detriment to public health, safety and welfare;
4. That the size, shape, color, height, and placement of the sign is compatible with
and will have a harmonious relationship to the building it identifies, the
surrounding neighborhoods, and other signs in the area;
5. That both the location of the proposed sign and the design of its visual elements
(lettering, words, figures, colors, decorative motifs, spacing, and proportions) are
legible under normal viewing conditions prevailing where the sign is to be
located;
6. That the location, height, and design of the proposed sign does not obscure from
view or unduly detract from existing or adjacent signs;
7. That the location and design of the proposed sign, its size, shape, illumination,
and color are compatible with the visual characteristics of the surrounding area
so as not to detract from or cause depreciation of the value of adjacent
developed properties;
8. That the location and design of a proposed sign in close proximity to a residential
district does not adversely affect the value or character of the adjacent residential
uses;
9. That any neon tubing used in conjunction with any sign is incorporated as an
integral part of the sign design with careful attention to color, intensity of light,
and the use of colors that are not overly bright; and
10. That the quantity of information displayed in the sign does not cause visual
clutter.
25.56.040 Exempt signs
The following signs, if not illuminated, shall be allowed in residential, commercial, and industrial
zoning districts without a sign permit application subject to any specific limitations provided
below:
56-31 Chapter 25 . 56 Signs
ORDINANCE NO. 1259
A. Nonresidential only; one identification sign not exceeding 1 square foot in area
displaying only the name and address of the owner or occupant and/or hours of
business operation.
B. Temporary signs in compliance with Section 25.56.090 (Temporary Signs). A temporary
sign permit may be required in some instances.
C. Signs inside a building set back 5 feet or more from a window and not readily visible
from public right-of-way.
D. Directional or safety signs provided that signs do not exceed 3 square feet per face.
E. Official emblems or flags of nonprofit organizations.
F. Religious, charitable, educational, or cultural posters not exceeding 16 square feet in
area and not displayed for a period greater than 30 days.
G. A "no trespassing" or "no dumping" sign not exceeding 3 square feet shall be permitted
for each property in addition to other authorized signs.
H. Governmental or other legally required posters, notices, or signs.
I. Political signs in compliance with the provisions of Section 25.56.090.C.
J. Directional and public convenience signs for public and quasi-public uses. The total
number of signs allowed shall be based on the minimum number necessary for
adequate public identification as determined by the Director.
K. Utility or telephone pay station signs.
L. Bingo signs provided that said signs shall not exceed a maximum of 3 square feet in
area; are not installed more than 48 hours before the event; and are removed
immediately following the event.
M. Lottery signs for a business licensed to sell California State Lottery tickets shall be
entitled to one window- or door-mounted lottery decal 5.5 inches by 5.5 inches and no
more than one specific identification poster not to exceed 7 square feet.
N. "Open" signs, either mounted on the inside of a window or on a pedestal near the main
entrance if a window sign is not used. Maximum sign area shall be 3 square feet. Signs
may be double-sided. Pedestal signs shall be located on private property and shall not
interfere with pedestrian movement. Signs shall not flash, move, blink, rotate, or appear
to do any of the foregoing.
25.56.050 Prohibited Signs
The following signs, displays, and devices, as defined in Chapter 25.99 are prohibited in the
City:
A. Advertising devices.
B. Awnings that are back-lit (internally illuminated) so that the awning radiates light.
56-41r'age Chapter 25 . 56 Signs
ORDINANCE NO. 1259
C. Business and identification signs that mention more than two goods or services sold or
available on the premises.
D. Cabinet or can signs that are internally illuminated with translucent panels that allow the
entire sign background to be illuminated. Signs with internal illumination are permitted
only if the sign background is opaque and the only portion of the sign that appears
illuminated is the lettering and/or a registered trademark or logo.
E. Electronic changeable copy signs.
F. Commercial mascots.
G. Neon signs, except those placed in windows.
H. Off-site outdoor advertising signs (billboards).
I. Pole signs.
J. Roof signs.
K. Signs that rotate, move, flash, blink, or appear to do any of the foregoing with the
exception of approved time and temperature displays.
L. Signs on public property, in the public right-of-way, or on public utility poles unless
otherwise authorized by this chapter. Signs shall include, but not be limited to, Realtor,
open house, and garage sale signs. This prohibition shall include all portable signs
including those placed on vehicles with the exception of vehicle identification signs, and
permitted signs on taxicabs.
M. Temporary or portable freestanding signs, except as otherwise provided in this chapter.
N. Vehicle signs.
25.56.060 General Provisions for All Signs
A. Compliance required. No person shall erect, re-erect, construct, enlarge, alter, change
copy, repair, move, improve, remove, convert, or equip any sign or sign structure in the
City, or cause or permit the same to be done, contrary to or in violation of any of the
provisions of this chapter.
B. Uncertainty of chapter provisions. The ARC shall have the authority to interpret the
provisions of this chapter at the request of the Director, or when an appeal of a decision
of the Director is filed with the ARC.
C. Sign integration requirement. All signs shall be designed as an integral part of the
overall building design and shall be located in a manner consistent with the building's
design.
D. Sign construction. Signs that are not temporary signs shall be constructed of
permanent materials, including but not limited to metal, wood, acrylic, or other
comparable durable weatherproof materials.
56-51 Chapter 25 . 56 Signs
ORDINANCE NO. 1259
E. Sign area computation. The area of signs shall be calculated according to Figure
25.56-1 (Sign Area Calculations).
Figure 25.56-1: Sign Area Calculations
LETTERING WITH NO SIGN BOARD
LSIGN ► -_
SIGNro
I I_ ____ _ _1 sIGN ,„
_ _---rFoR TENANt
Sign Width
1, ,I r ►
LETTERING WITH SIGN BOARD
k
A
ODD
SHAPED SIGN .
SIGN i
Sign Width
J k
L
1. The area of a sign shall be measured within a single continuous perimeter of not
more than eight straight lines enclosing the extreme limits of writing,
representation, emblem, or any figure of similar character, together with any
material or color forming an integral part of the display or used to differentiate the
sign from the background against which it is placed.
2. In the case of a sign designed with more than one exterior surface (e.g., two
sides), the area shall be computed as including only the maximum single display
surface that is visible from any ground position at one time.
I
56-61 Chapter 25 . 56 Signs
ORDINANCE NO. 1259
3. The supports, uprights, or structure on which any sign is supported shall not be
included in determining the sign area unless the supports, uprights, or structures
are designed in a manner as to form an integral background of the display.
F. Sign height measurement—monument signs. The height of a monument sign shall
be measured from the highest part of the text area of the sign to the grade of the
adjacent street or the surface grade beneath the sign, whichever the Director determines
is appropriate given the physical characteristics of the site. Decorative features of the
sign approved by the ARC may be excluded from the measurement of sign height.
Figure 25.56-2: Sign Height Measurement—Monument Signs
li ' ' r I
Sign
��� Height
G. Sign height—wall signs. The uppermost part of a wall-mounted sign shall not be higher
than the eave line of the building on which it is located as measured from the underside
of the eave and in no event higher than 20 feet.
Figure 25.56-3: Sign Height Measurement—Wall Signs
The upper most part of a wall-mounted
sign shall not be higher than the eave line r---
of the building on which it is located
.....alill0 ___—__ —
20, _.
111,1 Tall r
Max
i
1
I ---
56-71Page Chapter 25 . 56 Signs
ORDINANCE NO. 1259
H. Electrical raceways and conduits. Electrical raceways and conduits shall be placed so
that they are not within public view. Where this is physically impractical, or doing so
would damage significant architectural features or materials, the ARC may grant a
waiver of this requirement provided all raceways, conduits, and similar devices are
designed in a way that they appear to be part of the overall sign or building design.
I. Frontage on two or more streets. A business on a lot that has frontage on more than
one street shall be allowed the authorized sign area on each street; provided, that the
permitted sign areas may not be accumulated on one street and shall not exceed the
allowed sign area of any one street.
J. Sign removal or replacement. When a sign is removed all brackets, poles, and other
structural elements that supported the sign shall also be completely removed. All holes
and affected building surfaces shall be restored to match the adjacent portion of the
building.
K. Sign colors. The standards for signs in this chapter are premised aesthetically on the
use of limited colors per sign so as to minimize excessive contrast and thereby establish
more readable, less confusing signs. Signs for commercial complexes, shopping
centers, other commercial and industrial development, including individual businesses,
shall be limited by the following:
1. Signs shall be limited to a maximum of three colors per sign. If a federally
regulated trademark sign has more than three, then the maximum size allowed
for that sign shall be reduced by 20 percent for each additional color.
2. For purposes of calculating reductions in size where more than three colors are
involved, the maximum sign size resulting from the first 20 percent reduction
shall form the basis for the second 20 percent reduction, and so on for each
subsequent 20 percent reduction. For example, if the maximum size allowed for
a given three-color sign is 10 square feet, then the maximum size allowed for a
five-color sign would be 6.4 square feet: 80% x (10 x 80%).
3. The ARC may waive the above-noted required size reduction or part thereof if it
specifically finds that the proposed sign is desirable due to its quality,
uniqueness, design, or other features determined by the ARC.
L. Illuminated signs and lights. The following standards shall apply to all illuminated
signs:
1. All illuminated signs shall be designed with a dimmer system to avoid undue
glare or reflection of light on private property in the surrounding area.
2. External light sources shall be shielded from view and directed to illuminate only
the sign face (see Figure 25.56-4 below).
56-8I .'age Chapter 25 . 56 Signs
ORDINANCE NO. 1259
Figure 25.56-4 Sign Illumination
Do This Don't Do This
3. Internal illumination is permitted only if the sign background is opaque and the
only portion of the sign that appears as illuminated is the actual lettering and/or a
registered trademark or logo.
4. Reflective-type bulbs and incandescent lamps shall not be used on the exterior
surface of signs so that the bulb or lamp is exposed to view from any direction.
5. Each new illuminated sign shall be subject to a 30-day review period during
which time the Director may determine that a reduction in illumination is
necessary due to negative impacts on surrounding property or the community in
general. In addition, and at any time, the Director may order the dimming of any
illumination found to be excessively bright.
M. Signs to face public or private right-of-way. All signs permitted under this chapter
shall be placed on the side of property facing a public or private right-of-way.
N. Maintenance of signs.
1. For the public health, safety, and welfare all signs shall be maintained in a safe,
presentable, and good structural condition at all times, including the replacement
of defective parts, wiring, ballast, painting, repainting, cleaning, and other acts
required for the maintenance of the sign. If the sign is not made to comply with
safety standards, the Director shall require its immediate repair or removal in
compliance with this chapter.
2. Signs illuminated either internally or externally shall be capable of being fully
illuminated and legible with the face(s) intact (without holes or other exterior
damage). Any illuminated sign not in compliance with these and other
maintenance standards in this section shall be cited by the Director and shall be
brought into compliance with applicable standards or proof of a contract for repair
and maintenance shall be approved within 30 days or shall be subject to
abatement as a public nuisance. Illuminated signs that, because of expired or
damaged lighting elements, become non-legible shall be ordered to remain
unlighted until repaired.
56-91 Chapter 25 . 56 Signs
ORDINANCE NO. 1259
3. When a sign is removed or replaced, all brackets, poles, and other structural
elements that supported the sign shall also be removed. Affected building
surfaces shall be restored to match the adjacent portion of the structure.
4. In the case of abandoned signs, the identification, name, and copy pertaining to
the abandoned business shall be removed and replaced with a blank panel or
white space within 30 days of vacating the business.
5. When it is determined by the City that a sign may cause imminent danger to the
public safety and contact cannot be made with a sign owner or building owner,
no written notice shall be required. In this situation, the City may correct the
danger. The City shall Cause to have removed any sign that endangers the
public safety, including abandoned, materially dangerous, electrically, or
structurally defective signs.
6. Notices of violation shall be sent by the Director by certified mail. Time periods
provided in this section shall be deemed to commence on the date of the mailing.
Any person having an interest in the sign or the property may appeal the citation
ordering the removal of compliance by filing a written notice of appeal with the
Director within 30 days after the date of mailing the notice, or 30 days after
receipt if the notice was not mailed.
7. Signs removed by the City shall become the property of the City and may be
disposed of in any matter deemed appropriate by the City. The cost of the
removal of any sign by the City shall be considered a debt owed to the City by
the owner of the sign and the owner of the property and may be recovered in an
appropriate court action by the City or by assessment against the property. The
cost of removal shall include any incidental expenses incurred by the City in
connection with the sign's removal.
25.56.070 Permanent Signs
A. Purpose. The number and area of signs as provided in this chapter are intended to be
maximum standards. However, the standards do not necessarily ensure architectural
compatibility. Therefore, in addition to the enumerated standards, the approving
authority shall also give consideration to a sign's relationship to the overall appearance
of the subject property, as well as the surrounding community with the goal being to
minimize visual pollution, excessive illumination, and excessive contrasting colors.
Compatible design, simplicity, and sign effectiveness are to be used in establishing
guidelines for sign approval.
B. Relationship to other provisions. The tables contained within this section provide
regulations for permanent signs in residential and nonresidential zoning districts.
References in the last column provide additional regulations for specific sign types
located elsewhere in this chapter. In the case of an inconsistency between regulations
provided in the tables and regulations provided for specific sign types, the regulations for
specific sign types shall take precedence.
C. Signs allowed in residential zoning district. Table 25.56-1 (Signs Allowed in
Residential Zoning Districts) provides dimension and other development standards.
56-10I Chapter 25 . 56 Signs
ORDINANCE NO. 1259
Table 25.56-1: Signs Allowed in Residential Zoning Districts
Allowed Max. Max.Sign Max.Sign Lighting
Sign Class Sign Number Area Height Location Allowed Additional
Types
1.Name plate Below eave
One per Name of
Single-family Wall single-family 2 sq.ft. of roof or Near main Internal occupancy and
uses use parapet or 4 entrance only address only
ft.if on pole
2.Identification One sign per 10 sq.ft.plus
sign complex one
Multifamily or Wall or Alternative:2 additional sq. Below eave At or near
condominium signs per of roof or Name of
monument ft.for each 10 main External
complex sign main units. parapet for entrance complex only
entrance wall sign
with max. 15 Max.50 sq.
sq.ft.each ft.total
3.Identification At primary
sign Wall or Two signs per entrances to External Name of
monument primary 40 sq.ft.total 6 ft. residential onlycomplex only
Residential sign entrance p
community community
One sq.ft.of
sign area for
4.Identification each 10 At primary
sign Wall or One sign per lineal ftstreet .of entrances to External Name of
Mobile home s 9n ument frontage street 6 ft' mobile home only complex only
park frontage. park
Max.40 sq.
ft.total
Below eave
5.Identification of roof or Allowed for
Wall or parapet for churches,day
sign monument One sign 20 sq.ft. wall sign. At primary External care centers,
Nonresidential sign 6 ft.for entrance only private clubs,
uses
monument and similar uses
sign
Below eave Only for
6.Identification of roof or commercial
Wall or parapet for uses allowed
sign At primary External
Commercial monument One sign 20 sq.ft. wall sign. entrance only with a
uses(offices) sign 6 ft.for conditional use
monument permit(offices)
sign in the R-3 zone
Only for hotels
7.Identification and motels
sign Standards shall be the same as for uses in commercial and industrial zones.However,the allowed with a
number of signs,sign area,height,and illumination may be reduced if the use is located in conditional use
Hotels and or adjacent to a residential zone
motels permit in the R-3
zone
8.Temporary See Section 25.56.090(Temporary Signs)
signs
D. Signs allowed in commercial and industrial zoning district. Table 25.56-2 (Signs
Allowed in Commercial and Industrial Zoning Districts) provides dimension and other
development standards.
I
56-11l Chapter 25 . 56 Signs
ORDINANCE NO. 1259
Table 25.56-2: Signs Allowed in Commercial and Industrial Zoning Districts
Allowed Max. Max. Sign Max. Sign Sign Lighting Additional
Sign Class Sign Types Number of Area Height Location Allowed Requirements
Signs
Building-Mounted Signage
Sign shall
1a.Business
Flush- be located
identification Below eave
mounted or adjacent to
signOne per line of
projecting the right-of-
YesSection
Up Building- building building and
to 50 ft.of frontage not higher way from 25.56.080.A
building mounted wall which its
frontage sign than 20 ft.
area is
determined
1 sq.ft.of
sign area per
lineal foot of
Within 100 ft. building
of public frontage
ROW
Max.sign
area 50 sq.
ft.
1.5 sq.ft.of
sign area per
More than lineal foot of
building
100 ft.from
frontage
public ROW
Max.sign
area 75 sq.
ft.
50 sq.ft.of
sign area for Sign shall
lb.Business Flush- first 50 ft.of be located
identification Below eave
mounted or frontage;and
One er line of adjacent to
sign projecting building 0.5 sq.ft.of building and the right of- Yes Section
50-100 ft.of building- sign area for way from 25.56.080.A
mounted wall frontage each lineal ft. not higher which its
building than 20 ft.
frontage sign of building area is
frontage up determined
to 100 ft.
Within 100 ft. Max sign
of public area 75 sq.
ROW ft.
75 sq.ft.of
sign area for
first 50 ft.of
frontage;and
0.5 sq.ft.of
More than sign area for
100 ft.from each lineal ft.
public ROW of building
frontage up
to 100 ft.
Max.sign
area 100
sq.ft.
56-12I Chapter 25 . 56 Signs
ORDINANCE NO. 1259
Allowed Max. I
Signs Max. Sign Max. Sign Sign Lighting Additional
Sign Class Sign Types Number of Area Height Location Allowed Requirements
75 sq.ft.of
sign area for Sign shall
1c.Business Flush- first 100 ft.of be located
identification frontage;and Below eave
mounted or adjacent to
sign One per 0.25 sq.ft.of line of
projecting the right-of- Section
building- building sign area for building and wayfrom Yes 25.56.080.A
More thanfrontage each lineal ft. not higher
100 ft.of mounted wall of building than 20 ft. which its
frontage sign frontage in area is
excess of determined
100 ft.
100 sq.ft.of
sign area for
first 100 ft.of
frontage;and
Within 100 ft. 0.25 sq.ft.of ARC
of public sign area for approval
ROW each lineal ft. required
of building
frontage in
excess of
100 ft.
More than Max sign ARC
100 ft.from area as approval
public ROW ARC approved by required
The total
aggregate
sign area of
the
secondary
sign(s) Sign design shall
Building- Two per together with be consistent with
2.Business mounted wall primary business
identification sign business the primary Below eave signand shall be
sign subject to the sign shall not line of
Secondary maximum sign exceed the building and Yes ancillary to the
Flush- area allowed maximum not higher main business
business for the sign area than 20 ft. sign
signs mounted or business allowed for Section
projecting
the business 25.56.080.0
as
determined
by items la,
1b,and 1c
above
Single tenant
building;one- Signs shall be
half the sign reverse"halo"lit
3.Business area allowed Below eave or non-illuminated
identification Building- One sign for the front line of On the individual letters
of the freeway
sign mounted wall facing the building building and side of the Yes Illuminated signs
Freeway- sign freeway Multitenant not higher building turned off at
oriented signs than 20 ft. 11:00 p.m.
building: 16-
inch high Section
letters 25.56.080.H
maximum
I
56-13IPage Chapter 25 . 56 Signs
ORDINANCE NO. 1259
Allowed Max. Max. Sign Max. Sign Sign Lighting Additional
Sign Class Sign Types Number of Area Height Location Allowed Requirements
Signs
Shall be
located on
4.Business a
Building-
area 50/o of sign the side of
identification g area allowed Below eave the building
sign mounted, One sign per for business line of where the Yes
flush business
Second story mounted only in single- building majority of
business sign story building the
business is
located
Freestanding monument signs
Maximum of
one-half the
total sign
area allowed To identify a
for the front 6 ft.unless building,
of the topographic commercial or
5a. Business building.The or other industrial
identification sign area of features complex,or
sign Freestanding One sign per the necessitate shopping center
Multitenant monument street frontage monument a higher Yes with frontage on a
sign sign shall be sign.In no
sites less than in addition to event shall public or private
street
5 acres
the allowed total sign
sign area for height
the building exceed 10 ft. Section
or business. 25.56.080.E
Maximum
sign area 50
sq.ft. I
10 sq.ft.per
acre of 6 ft.unless
subject site. topographic
5b.Business The sign or other
identification area of the features
monument
sign Freestandingnecessitate
One sign per sign shall be Section
Multitenant monument a higher Yes
street frontage in addition to 25.56.080.B
sites with sign the allowed sign.
more than 5 sign area for In no event
acres the building shall total
Maximum sign height
sign area 100 exceed 10 ft.
sq.ft.
Miscellaneous signs
One sign per Letter height Placed on
6.Business shall not
identification awning the awning
Permanent exceed one- Section
sign awning sign Allowed in third of the or awning No 25.56.080.E
Awning sign addition to awning valance,but
other signs height not on both
I
56-14I Chapter 25 . 56 Signs
ORDINANCE NO. 1259
Max.
Allowed Max. Sign Max. Sign Sign Lighting Additional
Sign Class Sign Types Number of
Signs Area Height Location Allowed Requirements
25%of total
One sign per window area
7. Business individual facing a Not allowed
identification window public street On inside of
Permanent above Section
or public window Yes
sign window sign Allowed in ground floor 25.56.080.D
Window sign addition to parking area including windows surface
other signs temporary
window signs
Near main
8. Business A-frame, One per entrance on
identification pedestal,or establishment 3 sq.ft. private Section
sign another well- Allowed in May be two- 54 inches property, No
Pedestrian- designed addition to sided and oriented 25.56.080.G
oriented sign sign stand other signs to
pedestrians
Building- One per 25 sq.ft.for
Below eave
9.Attraction flush-
mounted establishment line of
boards mounted Section
Theaters and Flush- Allowed in 15 s ft.per building and Yes 25.56.080.J
nightclubs mounted or addition to sidefor not higher
projecting other signs than 20 ft.
projecting
Building-
mounted or Shall not
window encroach
10.Menu Within into the
board May be on One per window area public right- Section
Restaurant pedestal if establishment 3 sq.ft. or 6 ft.if on of-way or Yes 25.56.080.K
menu board restaurant is pedestal obstruct
set back pedestrian
more than 5 movement
ft.from ROW
1.5 sq.ft.of
11. One er sign area per
Multitenant courtyard or tenant,plus Near main
Y entrance to
courtyard orplaza an additional
Y Wall or courtyard or Section
plaza ground sign Allowed in 2 sq.ft.to 7 ft• plaza and No 25.56.080.1
Business addition to drovide ectiurs oriented to
directory sign other signs courtyard pedestrians
the
or plaza
12.Gasoline service stations.See Section 25.56.080(L)(Gasoline Service Stations)
13.Temporary signs.See Section 25.56.090(Temporary Signs)
I
56-15lPage Chapter 25 . 56 Signs
ORDINANCE NO. 1259
25.56.080 Standards for Specific Types of Permanent Signs
A. Building-mounted wall signs.
Figure 25.56-5: Wall Sign Examples
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1. Signs shall be located only on a building frontage and shall not extend above an
eave or parapet, or above or below a fascia on which they are located.
56461 Chapter 25 . 56 Signs
ORDINANCE NO. 1259
Figure 25.56-6: Appropriate Wall Sign Location
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2. Electrical raceways for signs shall be designed as an integral part of the sign or
building design and shall not be visible.
Figure 25.56-7: Electrical Raceways
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56-171 Chapter 25. 56 Signs
ORDINANCE NO. 1259
3. Signs shall be placed flat against the wall and shall not project from the wall more
than required for normal construction purposes and in no case more than 12
inches.
4. Signs shall be located within the middle 50 percent of the building or occupancy's
frontage (e.g., in-line tenant) measured from lease line to lease line.
Figure 25.56-8: Appropriate Wall Sign Location (In-line Tenant)
Middle 50%of Building Middle 50%of Building
' or Occupany Frontage )1 k or Occupany Frontage
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Building or Occupany Frontage Building or Occupany Frontage r
5. Signs located on adjacent walls on the same building shall be separated at the
corners of the building with adequate spacing.
Figure 25.56-9: Required Separation for Wall Signs
Adequate Spacin
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56-18IPage Chapter 25 . 56 Signs
ORDINANCE NO. 1259
B. Freestanding monument signs.
Figure 25.56-10: Freestanding Sign Examples
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1. A single-tenant building, multitenant building with unshared access, commercial
or industrial complex, or shopping center shall be entitled to one freestanding
monument sign per frontage on a public or private street.
56-191I.' ,,r ,:, r' Chapter 25 . 56 Signs
ORDINANCE NO. 1259
2. When a shopping center or industrial park has street frontage on any one street
in excess of 1,600 lineal feet, one additional sign shall be permitted.
Freestanding signs on the same street shall be separated by a minimum distance
of 400 lineal feet.
3. All freestanding monument signs shall be placed within a permanently
landscaped area not less than 24 square feet, be architecturally compatible with
the building or complex, and not encroach in the public right-of-way.
4. When approving any freestanding sign the ARC shall affirmatively make the
finding that the approval shall visually enhance the aesthetic quality of the
property on which the sign is to be located.
5. Freestanding monument signs shall not contain phone numbers.
C. Secondary business signs.
Figure 25.56-11: Secondary Business Signs
-�. Main Building Sign
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1. Secondary business signs shall be clearly ancillary to the main business sign and
in no event shall the aggregate sign area exceed the maximum permitted under
this chapter.
2. The design of secondary business signs shall be architecturally consistent with
the main business identification sign.
3. The total aggregate sign area of the primary sign together with the secondary
sign shall not exceed the maximum sign area allowed for the business.
4. Where a proposed secondary business sign is a registered federally regulated
trademark sign, the size of the trademark sign may be subject to size reduction
requirements in compliance with Section 25.56.060 (General Provisions for All
Signs).
5. No more than two secondary signs allowed except as otherwise provided in this
chapter.
56-20I / c Chapter 25 . 56 Signs
ORDINANCE NO. 1259
6. Secondary signs shall not contain phone numbers.
7. Slogans, mottos, or sayings may be used instead of secondary business
signage.
D. Window signs—permanent.
Figure 25.56-12: Window Signs (Permanent)
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1. Signs shall be allowed only on windows located on the ground floor of a building
frontage.
2. Signs shall be permanently painted, etched, or mounted on the inside of
windows.
56-211 Chapter 25 . 56 Signs
ORDINANCE NO. 1259
3. Signs located more than 5 feet from a window are not considered a window sign
and shall be allowed.
4. Window signs shall be allowed in addition to the aggregate sign area allowed for
wall and projecting signs.
E. Signs on awnings, marquees, canopies, arcades, or similar structures.
Figure 25.56-13: Awning Signs
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1. All awnings shall be reviewed and approved by the ARC. The awning shall be
architecturally compatible with the building and as a result an awning may not be
appropriate for every building.
2. Signs on awnings shall be kept in good repair, clean, and not faded.
56-221Page Chapter 25 . 56 Signs
ORDINANCE NO. 1259
3. Signs on awnings (lettering and numbers), including lettering style and colors
shall blend aesthetically with the awning and building to which it is attached.
4. When required by the building official, street address numbers shall comply with
the requirements of Palm Desert Municipal Code Section 15.15.010 and Table
15.15.020(A).
5. Awnings shall not contain phone numbers.
F. Projecting signs. Projecting signs shall not extend below 8 feet from the sidewalk or the
right-of-way.
Figure 25.56-14: Projecting (Blade) Signs V
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56-23IPage Chapter 25 . 56 Signs
ORDINANCE NO. 1259
G. Pedestrian-oriented signs.
1. Where the principal sign for a business is located so that it cannot be seen by
pedestrians on the same side of the street, one business identification sign, in
addition to other signs allowed in this Chapter, shall be permitted subject to the
following standards:
i. Maximum sign area shall be 3 square feet.
ii. Signs shall be projecting, hanging, or mounted on a pedestal. Signs on
pedestals shall not exceed 54 inches in height.
iii. Signs shall not be used as "open" signs.
iv. Signs shall be designed and located so as to not distract from the
appearance of the building or violate the intent of this Chapter.
2. Businesses in the commercial and industrial districts may place a pedestrian-
oriented sign, pedestal mounted "open" signs in front of their place of business
subject to the following standards:
i. Maximum sign area shall be 3 square feet.
ii. Maximum sign height shall be 54 inches.
iii. Signs shall be placed on private property in a location that does not
impede pedestrian traffic flow.
iv. Signs shall not include extraneous verbiage advertising the business,
specials, or sales events.
v. Signs shall be removed when the business is not open for business.
3. For businesses on El Paseo between Portola Avenue and Highway 74, the
above standards apply with the following additional standards:
i. Signs permitted under this Subsection shall be limited to the word "open"
and the business name only.
ii. Logos are not permitted.
iii. Signs shall be in two colors only, excluding florescent colors; black and
white will be considered colors and the sign shall not contain extraneous
decoration.
iv. Signs shall be mounted on pedestal using one of the two sign colors.
v. Signs shall be professionally manufactured and well-maintained at all
times.
56-241 ' <,; s e Chapter 25 . 56 Signs
ORDINANCE NO. 1259
H. Signs facing the freeway. Businesses located in buildings with one side facing the
freeway shall be entitled to one sign on the freeway side of the building in addition to
other allowed signs for the front of the building, provided the freeway facing sign
complies with the following requirements:
1. Signs for single-tenant buildings shall be limited to 50 percent of the total sign
area allowed on the front of the building.
2. Signs for multitenant buildings and individual business signs shall be limited to a
maximum of 16-inch high letters.
3. All signs facing the freeway shall use black font type Bernard Gothic T Medium,
except for federal trademark signs.
4. All signs facing the freeway shall be either reverse "halo" lit or non-illuminated
individual letters.
5. Illuminated signs shall be turned off and non-illuminated after 11 p.m.
6. No logos, slogans, or phone numbers as part of the signage allowed.
I. Directional signs for courtyard or plaza businesses. Where commercial buildings or
complexes are designed to contain tenant spaces oriented to an interior courtyard or
plaza and where the principal business identification sign is located on that courtyard or
plaza frontage, the commercial building or complex shall be permitted a pedestrian
directional sign(s). The directional sign shall group the names of businesses and/or
principal services to be found in the courtyard or plaza subject to the following
standards:
1. Signs shall be located at major pedestrian entrances to the plaza or courtyard.
2. Signs shall not encroach into the public right-of-way.
3. Signs shall be properly integrated into the architectural and landscape design of
the building.
4. Signs including supports shall have a maximum width of 4 feet, whether wall-
mounted or freestanding.
J. Attraction boards for theaters and nightclubs. In addition to the principal sign area,
one attraction board to advertise nightclub or theater entertainment shall be allowed. The
information on the attraction board shall be limited to coming and current entertainment
only. Attraction boards shall not be used to advertise rates or prices of attractions.
K. Restaurant menu boards. In addition to the principal sign area, a restaurant may have
one sign on a wall or window displaying the menu and/or daily specials. When a
restaurant is set back more than 5 feet from the public right-of-way or pedestrian
walkway, a freestanding easel may be set up within the setback to display the menu
board during hours when meals are being served. The sign shall not encroach into the
public right-of-way or obstruct pedestrian movement.
56-251r' Chapter 25 . 56 Signs
ORDINANCE NO. 1259
L. Gasoline service stations. Gasoline service stations shall be limited to those signs
approved by the ARC as a part of their action on a conditional use permit and/or
amendment thereto. Service station signs shall not exceed the following limitations:
1. One double-faced freestanding monument sign not to exceed 24 square feet in
area or not to exceed 8 feet in height, and advertising only the name of the
company.
2. One 10-square-foot maximum wall sign advertising the company name and/or
operator.
3. One wall or ground sign, not exceeding 8 square feet in area and 8 feet in height
for a ground sign, advertising the actual lowest price per gallon including all taxes
at which gasoline are currently being offered. Any special conditions required for
sale at the lowest price shall also be indicated.
25.56.090 Temporary Signs
A. Applicability. The temporary signs listed below in Table 25.56-3 (Temporary Sign
Standards) shall be allowed subject to the requirements of this section. Temporary signs
in violation of this section shall be treated as illegal signs and shall be subject to
abatement under the requirements of Section 25.56.130 (Abatement of Illegal Signs).
B. Civic events. Nothing contained in this section shall prevent the Council from granting a
special permit application or otherwise permitting signs, displays, or advertising
pertaining to a civic, patriotic, or special event of general public interest taking place
within the City when it can be found that the signs, displays, or advertising will not be
materially detrimental to the public welfare, interest, or safety, nor injurious to adjacent
property or improvements.
C. Number, size, height, and duration. Table 25.56-3 (Temporary Sign Standards)
provides standards for temporary signs. Temporary signs are allowed in addition to the
number of permanent signs allowed for the property.
56-261 Chapter 25. 56 Signs
ORDINANCE NO. 1259
Table 25.56-3: Temporary Sign Standards
I Sign Type Maximum Maximum Area Maximum Duration Additional
Number Height Standards
Temporary window signs'2
Commercial and
industrial zones Allowed for sales
and promotions
only
Lineal feet of
window area
50 feet or less One sign 10%of total N/A 30 days Placed on inside
window area of window
51-100 feet One sign 15%of total
window area
More than 100 One sign 25%of total
feet window area
Special signs
Special event One sign building- Below eave line of
banner mounted or 30 sq.ft. building 30 days per year Section 25.56.090.D
freestanding
See Section
New business Allowed only while
25.56.070 Table Below eave line of
establishment One sign 25.56 2 la, 1b or building 60 days permanent signs are
identification 1cbeing obtained
One sign per During active On property where
Trade and street frontage 16 sq.ft.per building permit construction is
20,000 sq.ft.of taking place
construction Shall not obstruct 8 ft. Removed before
project signs site area Shall list only firms
P 1 9 visibility at Max.32 sq.ft. notice of connected with the
intersections completion
development project
New Residential Development
New subdivision One double-face 48 sq.ft.per sign 8 ft. Until all units in the
identification sign sign,or two single- face project are sold
face signs per
street frontage
New subdivision Two signs per 15 sq.ft.each 8 ft. Until all units in the Sign placement to
directional signs street frontage project are sold direct persons to the
subdivision entrance
Realty and lease signs
Realty sign One sign per 3 sq.ft.,plus one 4 ft. During time when Section 25.56.090
Single-family street frontage rider sign;5 in.x realty is offered for
residential 16 in. sale or rent
Realty sign One on-site,three 3 sq.ft. 4 ft.on-site While a Section 25.56.090.G
Open house signs off-site 3 ft.off-site salesperson is
physically present
on the premises
56-27IPage Chapter 25 . 56 Signs
ORDINANCE NO. 1259
Sign Type Maximum Maximum Area Maximum Duration Additional
Number Height Standards
Realty sign One sign per 12 sq.ft. 4 ft. During time when Section 25.56.090
Other than single street frontage realty is offered for
family in residential sale or rent
zone
Lease potential One two-sided 32 sq.ft. 6 ft. Displayed after May advertise lease
sign sign per street ARC project potential for future
Future frontage approval development prior to
development Removed before and during
notice of construction
completion No riders outside of
the 32 sq.ft.area
Realty sign One two-sided 16 sq.ft. 6 ft. During time when No riders outside of
sign per street realty is offered for the 16 sq.ft.area
frontage sale or rent
Personal property Three signs 3 sq.ft. 4 ft. Two days within a One on the property
sale, block party, 30-day period where the event is
or similar event being held,and two
off-site on private
property.
Political signs See Section 25.56.090.E(Political Sign Regulations)
Notes:
1. Businesses that are set back more than 250 feet from a public right-of-way(street)may double the temporary window sign area.
Businesses that are set back more than 600 feet from a public right-of-way (street) may triple their otherwise entitled temporary
window signage.
2.Does not include signs and decorations painted on or applied to windows pertaining to holidays and seasonal events when the
signs contain no reference to the goods or services sold or provided by the establishment. All signs and decorations shall be
removed within 10 days following the applicable holiday.
D. Standards for temporary signs. Temporary signs shall be subject to the following
standards and any additional standards for specific types of temporary signs:
1. Signs are allowed on private property only and shall not be placed in public
rights-of-way or at off site locations.
2. Signs shall not be attached to roofs, temporary structures, trees, utility poles,
light standards, and similar items in the public right-of-way.
3. Signs shall not be illuminated
4. Signs shall not move in any manner.
5. Signs shall be constructed of durable material suitable to their location and
purpose.
6. Signs and their components shall be promptly removed at the time of expiration.
7. Window signs with non-commercial content or messages shall comply with all
regulations of temporary signs related to number, area, size and height.
E. Political sign regulations. Political signs shall comply with the following requirements:
1. Political signs shall not be located in the public right-of-way.
56-28lP i Chapter 2 5 . 5 6 Signs
ORDINANCE NO. 1259
2. No fee or permits shall be required for the right to erect political signs.
3. Where the sign is proposed to be placed on private property, the applicant shall
secure the permission of the property owner.
4. Signs shall not be placed in any manner to create a hazard to public health or
safety.
5. Signs shall be removed within 30 days following the election.
F. Special event signs.
1. With the approval of the Director, a business may erect one temporary sign,
freestanding or mounted on a wall fascia, advertising special events, promotions,
or sales. Approval of a sign permit application may allow up to 30 square feet of
sign area depending upon the type of event, building design, and right-of-way
frontage for a period not to exceed 30 days per year.
2. Signs approved under this section shall be compatible and harmonious with the
color of the building and adjacent buildings. When improperly used, special event
signs constitute a public nuisance and may be abated. Special event signs for
periods in excess of 30 days may only be permitted in compliance with a
resolution of the Council, which shall specify the period during which the banner
may be displayed.
G. Open house signs. Open house signs shall be permitted for an open house, subject to
the following provisions:
1. On-site Signs:
i. No flags or banners shall be used.
ii. Individual logos and colors are allowed for on-site open house signs.
iii. Signs shall be located on private property only, unless prior written
approval for unique circumstances is obtained from the Director.
2. Off-site Direction Signs:
i. Sign lettering must be brown on a beige background, but may include
Realtor name and phone number in 2-inch high maximum, plain font. No
logos or branding are permitted on off-site directional signs.
ii. One off-site directional sign per intersection. One sign permitted on each
corner of an intersection, such that no more than three off-site directional
signs are allowed in addition to one on-site open house sign for a total of
four open house signs.
iii. Signs shall be located a minimum of 5 feet from curb with property owner
permission for sign location.
iv. Sign placement in any City median is prohibited.
56-291 Chapter 25 . 56 Signs
ORDINANCE NO. 1259
v. Additional lighting, flags, balloons, or any other advertising device as
defined in this chapter shall be prohibited.
Figure 25.56-15: Open House Off-site Direction Signs
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25.56.100 Comprehensive Sign Program
A. Purpose. The purpose of a comprehensive sign program is to integrate all of a
nonresidential project's signs with the overall site design and the structures' design into
a unified architectural statement. A comprehensive sign program provides a means for
the flexible application of sign regulations in order to provide incentive and latitude in the
design and display of multiple signs and to achieve, not circumvent, the purpose of this
chapter. Approval of a comprehensive sign program may modify the standards provided
in this chapter as to sign number, size, height, illumination, location, orientation, or other
aspects of signs within the limits of this section.
B. Applicability. The approval of a comprehensive sign program by the ARC shall be
required whenever any of the following circumstances exist:
1. Whenever three or more separate tenant spaces are present on the same site.
2. Whenever three or more nonexempt signs are proposed for a single tenant.
56-301 Chapter 25 . 56 Signs
ORDINANCE NO. 1259
3. Whenever signs are proposed to be located on the second story on a multistory
building.
4. Whenever an existing multitenant development of three or more tenants is being
remodeled or rehabilitated to the extent that it requires review and approval by
the ARC.
5. Whenever the Director determines that a comprehensive sign program is needed
because of special project characteristics (e.g., the size of proposed signs,
limited site visibility, the location of the site relative to other lots, buildings, or
streets, etc.).
C. Application requirements. A sign permit application for a comprehensive sign program
shall include all information and materials required by the Director.
D. Standards. A comprehensive sign program shall comply with the following standards:
1. The proposed sign program shall comply with the purpose and intent of this
chapter.
2. The proposed signs shall enhance the overall development, be in harmony with,
and relate visually to other signs included in the comprehensive sign program, to
the structures and/or developments they identify, and to surrounding
development when applicable.
3. The sign program shall address all signs, including permanent, temporary, and
exempt signs.
4. The sign program shall accommodate future revisions that may be required
because of changes in use or tenants.
5. The sign program shall comply with the standards of this chapter, except that
deviations are allowed with regard to sign area, total number, location, and/or
height of signs to the extent that the comprehensive sign program will enhance
the overall development and will more fully accomplish the purposes and intent of
this chapter.
6. Approval of a comprehensive sign program shall not authorize the use of signs
prohibited by this chapter.
7. Review and approval of a comprehensive sign program shall not consider the
signs' proposed message content.
E. Findings. In order to approve a comprehensive sign program the following findings shall
be made:
1. The comprehensive sign program complies with the purpose of this chapter,
including the design criteria.
I
56-31IPage Chapter 25 . 56 Signs
ORDINANCE NO. 1259
2. Proposed signs enhance the overall development and are in harmony with other
signs included in the plan with the structures they identify and with surrounding
development.
3. The comprehensive sign program contains provisions to accommodate future
revisions that may be required because of changes in use or tenants.
4. The comprehensive sign program complies with the standards of this chapter,
except that flexibility is allowed with regard to sign area, number, location, and/or
height to the extent that the signs proposed under the comprehensive sign
program will enhance the overall development, achieve superior quality design,
and will more fully accomplish the purposes of this chapter.
F. Revisions to comprehensive sign programs. The Director may approve revisions to a
comprehensive sign program if the intent of the original approval is not affected.
Revisions that would substantially deviate from the original approval shall require the
approval of a new/revised comprehensive sign program by the ARC.
25.56.110 Nonconforming Signs
A. Lawfully permitted nonconforming signs.
1. Lawfully permitted on-premises signs existing at the time of the adoption of the
ordinance codified in this chapter on September 10, 2009, that do not comply
with the requirements of this chapter shall be deemed lawful nonconforming
signs.
2. Nonconforming signs shall not be expanded, extended, rebuilt, altered, or
reconstructed in any way, except for normal maintenance or to protect public
safety.
3. It shall be the express responsibility of the seller of property or a business to
advise the buyer of the provisions of this section relating to the removal of
nonconforming signs upon the transfer of ownership of a business.
B. Lawful nonconforming signs to be removed. It shall be the responsibility of the
business owner, sign owner, or property owner to ensure compliance with this section.
Nonconforming signs shall be removed or made to comply with the requirements of this
chapter as follows:
1. Within 30 days of the issuance of a sign permit application for a sign on a
property on which a nonconforming sign(s) exists. Prior to the issuance for a
property on which a nonconforming sign(s) exists, the applicant or owner shall
file with the City an irrevocable bond in the amount of $10,000 to guarantee the
nonconforming sign(s) shall removed or made to conform with the requirements
of this chapter within a specified time.
2. Upon the transfer of ownership of the business.
3. Upon the altering of the nonconforming sign or sign structure in any way or the
addition of new sign(s) or a new sign structure.
56-321 Chapter 25 . 56 Signs
ORDINANCE NO. 1259
4. After 90 days of the discontinuance of a business or before a new business
occupies the building, whichever comes first.
C. Nonconforming signs maintenance. Except for normal repair or maintenance not
exceeding 50 percent of the value of the sign, nonconforming signs shall not be
modified, altered, moved, or replaced except in compliance with the requirements of this
chapter.
D. Lawful nonconforming off-site signs (i.e., billboards). Nothing contained in this
chapter shall be construed to limit the ability of an owner of a lawful nonconforming off-
site sign (i.e., billboard) to periodically change advertising copy.
25.56.120 Abandoned Signs
A. Removal of abandoned signs.
1. An abandoned sign or an abandoned nonconforming sign shall be removed
within 30 days by the owner or lessee of the premises upon which the sign is
located or by a person, organization, or other entity that directly or indirectly
receives a benefit from the information contained on the sign. All wording
advertising or relating to the discontinued business shall be removed from all
nonconforming signs.
2. A sign frame or structure that has been abandoned shall be removed within 30
days by the owner or lessee of the premises upon which the sign frame or
structure is located.
B. Presumption that a sign is abandoned. A sign that identifies or advertises a business
that has ceased; is located upon a structure that has been abandoned by its owner; has
not identified a bona fide business, lessor, service, owner, product, or activity available
upon the site, for more than 90 days shall be presumed abandoned.
C. Notice that a sign is presumed abandoned. The Director shall send the person
responsible for a sign presumed to be abandoned an abandoned sign notification.
Failure of the person to respond within 30 days to the abandoned sign notification shall
serve as prima facie evidence of intentional permanent abandonment of the sign.
25.56.130 Abatement of Illegal Signs
A. Enforcement authority. The Director shall be the enforcement authority for this chapter.
B. Abatement of illegal signs. The Director shall not permit, and shall abate, any sign
within the City that fails to meet the requirements of this chapter or other applicable law,
including temporary signs. Any illegal permanent signs shall be abated by the City.
C. Notification and appeal. The Director shall notify the owner or user of a permanent sign
that has been installed without a sign permit that the illegal sign shall be removed within
10 days. Upon receipt of this notice, the owner or user of a permanent sign that is
determined to be illegal does have the right to file an appeal regarding the decision or
notice within 10 days thereafter to the Council pursuant to the provisions of Chapter 8.20
of this title.
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25.56.140 Penalties
A. Violations of any of the provisions of this chapter are infractions and/or misdemeanorsI
punishable as provided for in Palm Desert Municipal Code, Section 8.20.020(L).
B. If the installation of a sign is commenced prior to obtaining an approved sign permit
application, the applicable fee for a sign permit application shall be doubled.
I
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Chapter 25.60 — Procedures
Sections in This Chapter
25.60.010 Purpose 60-1
25.60.020 Application and Fee 60-1
25.60.030 Determination of Completeness 60-1
25.60.040 Environmental Analysis 60-2
25.60.050 Application Review and Report 60-2
25.60.060 Public Hearing and Public Notice 60-3
25.60.070 Approving Authority 60-4
25.60.080 Appeals 60-6
25.60.090 Effective Date 60-6
25.60.100 Land Use Permit Time Limits and Extensions 60-7
25.60.110 Modification 60-8
25.60.120 Revocation 60-8
25.60.120 Reapplications 60-9
25.60.140 Enforcement and Penalties 60-9
25.60.010 Purpose
The purpose of this chapter is to establish the general requirements of this title for the review
and approval of proposed development and new land uses in the City.
25.60.020 Application and Fee
A. Application. Applications pertaining to this title shall be submitted in writing to the
Director on a completed City application form designated for the particular request.
Every application shall include the signatures of the applicant and property owner, agent
authorization as appropriate, and any fee prescribed by Council resolution to cover the
cost of investigation and processing. Applications shall be submitted together with all
plans, maps, and data about the proposed project development or land use entitlements
requested, project site, and vicinity deemed necessary by the Director to provide the
approving authority with adequate information on which to base decisions. Each permit
application checklist lists the minimum necessary submittal materials for that particular
type of permit.
B. Fee. The Council sets, by resolution, the fees for processing the various applications
authorized or required by this code. All required fees shall be paid at the time an
application is filed and no processing shall commence until the fee is paid in full.
25.60.030 Determination of Completeness
A. Application completeness. Within 30 days of application submittal, the Director shall
determine whether or not the application is complete. The Director shall notify the
applicant in writing of the determination that either:
1. All the submittal requirements have been satisfied and the application has been
accepted as complete.
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2. Specific information is still necessary to complete the application. The letter may
also identify preliminary information regarding the areas in which the submitted
plans are not in compliance with City standards and requirements.
B. Application completeness without notification. If the written determination is not
made within 30 days after receipt, and the application includes a statement that it is an
application for a development permit, the application shall be deemed complete for
purposes of this chapter.
C. Resubmittal. Upon receipt and resubmittal of any incomplete application, a new 30-day
period shall begin during which the Director shall determine the completeness of the
application.
D. Incomplete application. If additional information or submittals are required and the
application is not made complete within one year, or some greater period as determined
by the Director, of the completeness determination letter, the application may be
deemed by the City to have been withdrawn and no action will be taken on the
application. Unexpended fees, as determined by the Director, will be returned to the
applicant. If the applicant subsequently wishes to pursue the project, a new application,
including fees, plans, exhibits, and other materials, must then be filed in compliance with
this article.
E. Right to appeal. The applicant may appeal the determination in accordance with
Section 25.60.080 (Appeals) and the Permit Streamlining Act (California Government
Code Section 65943).
25.60.040 Environmental Analysis
A. Intent and purpose. It is the intent of this chapter to relate the provisions of this title and
all other applicable projects to the appropriate City provisions that have been adopted in
order to comply with the California Environmental Quality Act of 1970 and subsequent
standards as established by the state legislature, the Secretary of Resources, and the
City.
B. Scope of regulations. This chapter shall be applied pursuant to the adopted
"Resolution of the City Council of the City of Palm Desert Establishing Procedures to
Implement the Environmental Quality Act of 1970," as amended.
25.60.050 Application Review and Report
After acceptance of a complete application, the project shall be reviewed in accordance with the
environmental review procedures of the California Environmental Quality Act. The Director will
consult with other departments and committees as appropriate to ensure compliance with all
provisions of the municipal code and other adopted policies and plans. The Director will prepare
a report to the designated approving authority describing the project, and his or her
recommendation to approve, conditionally approve, or deny the application. The report shall be
provided to the applicant prior to consideration of the entitlement request. The report may be
amended as necessary or supplemented with additional information at any time prior to the
hearing to address issues or information not reasonably known at the time the report is
prepared.
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25.60.060 Public Hearing and Public Notice
A. Public hearing required. The following procedures shall govern the notice and public
hearing, where required pursuant to this title. The designated approving authority shall
hold a public hearing to consider all applications for a conditional use permit, variance,
architectural review, precise plan, planned development, master plan, specific plan,
zoning code and/or map amendment, prezoning, development agreement, and General
Plan amendment considered by the Commission or Council.
B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094,
not less than 10 days before the scheduled date of a hearing, public notice shall be
given of such hearing in the manner listed below. The notice shall state the date, time,
and place of hearing, identify the hearing body, and provide a general description of the
matter to be considered and the real property which is the subject of the hearing.
1. Notice of public hearing shall be published in at least one newspaper of general
circulation in the City.
2. Except as otherwise provided herein, notice of the public hearing shall be mailed,
postage prepaid, to the owners of property within a radius of 300 feet of the
exterior boundaries of the property involved in the application, using for this
purpose the last known name and address of such owners as shown upon the
current tax assessor's records. The radius may be increased as determined to be
necessary and desirable by the Director based on the nature of the proposed
project. If the number of owners exceeds 1,000, the City may, in lieu of mailed
notice, provide notice by placing notice of at least one-eighth (1/8) page in one
newspaper of general circulation within the City.
3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the
subject real property or the owner's authorized agent and to each local agency
expected to provide water, sewerage, streets, roads, schools, or other essential
facilities or services to the proposed project.
4. Notice of the public hearing shall be posted at City Hall.
5. Notice of the public hearing shall be mailed to any person who has filed a written
request for notice.
6. In addition to the notice required by this section, the City may give notice of the
hearing in any other manner it deems necessary or desirable.
C. Notice of Zoning Administrator decision.
1. Notice. The notice of decision shall be provided, in writing, to the applicant,
interested parties, neighborhood associations within proximity of the subject site,
and properties within 300 feet of the property. The notice shall include:
i. A brief statement explaining the criteria and standards considered
relevant to the decision.
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ii. A statement of the standards and facts relied upon in rendering the
decision.
iii. Findings as listed for each entitlement or justification for the decision
based on the criteria, standards, and facts set forth.
iv. An explanation of appeal rights and appeal deadlines.
2. Decision. The ZA may approve, approve with conditions, or deny the application.
Decisions shall be based on standards and criteria set forth within this code and
shall be accompanied by brief, written findings and a determination.
3. Appeal. A ZA determination may be appealed to the Council for a final
determination according to Section 25.60.080.
D. Requests for notification. Any person who requests to be on a mailing list for notice of
hearing shall submit such request in writing to the Department. The City may impose a
reasonable fee for the purpose of recovering the cost of such notification.
E. Receipt of notice. Failure of any person or entity to receive any properly issued notice
required by law for any hearing required by this title shall not constitute grounds for any
court to invalidate the actions of a designated approving authority for which the notice
was given.
F. Hearing procedure. Hearings as provided for in this chapter shall be held at the date,
time, and place for which notice has been given as required in this chapter. The
approving authority shall conduct the public hearing and hear testimony from interested
persons. The summary minutes shall be prepared and made part of the permanent file of
the case. Any hearing may be continued to a date certain. If the hearing is not continued
to a specific date/time, then the hearing shall be re-noticed.
25.60.070 Approving Authority
A. Designated approving authority. The approving authority as designated in Table
25.60-1 (Approving Authority for Land Use Permits/Entitlements) shall approve,
conditionally approve, or deny the proposed land use or development permit or
entitlement in accordance with the requirements of this title. Table 25.60-1 identifies
recommending (R), final (F), and appeal (A) authorities for each permit or entitlement. In
acting on a permit, the approving authority shall make all required findings.
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Table 25.60-1: Approving Authority for Land Use Permits/Entitlements
Type of Entitlement, Permit,or Decision ZA Director ARC PC CC
Certificates of use and occupancy F A A
Temporary use permits F A A
Home-based business permits F A A
Large family day care use permits F A A A
Adjustments F A A A
Administrative use permits F A A A
Reasonable accommodation F A A A
Design reviews R F A
Sign design review R F A
Use determinations R F A
Precise plans R R F A
Development plans R R F A
Conditional use permits R R F A
Condominium conversion permits R F A
Variances R R1 F A
Planned community developments R R R F
Amendments—zoning ordinance R R F
Amendments—zoning map R R F
Prezoning for annexed areas R R F
Development agreements R R F
General Plan updates R R F
Director=Director of Community Development, ZA=Zoning Administrator, ARC=Architectural Review Commission,
PC=Planning Commission, CC=City Council,R=Review Body,F=Final Decision(unless appealed),and A=Appeal Body.
Footnotes:
1. A final determination is made by the ARC for design-related variances as specified in Chapter 25.68 (Decisions by the
Architectural Review Commission)
B. Multiple entitlements. When a proposed project requires more than one permit with
more than one approving authority, all project permits shall be processed concurrently
and final action shall be taken by the highest-level designated approving authority for all
such requested permits.
C. Referral to the Commission. At any point in the application review process, the
Director may transfer decision-making authority to the Commission at his/her discretion
because of policy implications, unique or unusual circumstances, or the magnitude of the
project. Decisions referred to the Commission shall be considered as a noticed public
hearing. A referral to another decision-maker is not an appeal and requires no appeal
application or fee.
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25.60.080 Appeals
A. Appeal authority. Any interested person may appeal certain actions of the ZA, Director
or Commission made pursuant to this article to the designated appeal authority listed in
Table 25.60-1 (Approving Authority for Land Use Permits/Entitlements) within 15
calendar days from the date of the action. Actions by the Council are final and no further
administrative appeals are available.
B. Filing an appeal. All appeals shall be submitted in writing, identifying the determination
or action being appealed and specifically stating the basis or grounds of the appeal.
Appeals shall be filed within 15 calendar days following the date of determination or
action for which an appeal is made, accompanied by a filing fee established by Council
resolution, and submitted to the City Clerk.
C. Stay pending appeal. Timely filing of a written appeal shall automatically stay all
actions and put in abeyance all approvals or permits that may have been granted, and
neither the applicant nor any enforcing agency may rely upon the decision, approval, or
denial or other action appeal, until the appeal has been resolved.
D. Appeal hearing schedule.
1. Unless otherwise agreed to by the applicant, an appeal for consideration by the
Commission shall be scheduled for a public hearing by the Department within 40
days of the date of appeal filing.
2. Unless otherwise agreed to by the applicant, an appeal for consideration by the
Council shall be scheduled for a public hearing by the City Clerk within 40 days
of the date of appeal filing.
E. Notice of appeal hearings. Notice of hearing for the appeal shall be provided pursuant
to noticing requirements of Section 25.60.060 (Public Hearing and Public Notice).
F. Appeal hearing and action. Each appeal shall be considered a de novo (new) hearing.
In taking its action on an appeal, the appeal authority shall state the basis for its action.
The appeal authority may act to confirm, modify, reverse the action of the approving
authority, in whole or in part, or add or amend such conditions as it deems necessary.
The action of the appeal authority is final on the date of decision and, unless expressly
provided by this chapter, may not be further appealed. Copies of the decision shall be
mailed to the appellant and to the appealed deciding body. The decision of the Council
shall be final.
25.60.090 Effective Date
Generally, the action to approve, conditionally approve, or deny a permit or entitlement
authorized by this title shall be effective on the 16th day after the date of action, immediately
following expiration of the 15-day appeal period. Legislative actions by the Council involving
adoption by ordinance (e.g., zoning code and map amendment, specific plan) become effective
30 days from the date of final action and may not be appealed. Permit(s) shall not be issued
until the effective date of required permit.
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25.60.100 Land Use Permit Time Limits and Extensions
A. Time limits. Unless a condition of approval or other provision of this title establishes a
different time limit, any permit not exercised within one year of approval shall expire and
become void, except where an extension of time is approved pursuant to this section.
B. Exercising permits. The exercise of a permit occurs when the property owner has
performed substantial work as determined by the Director and the building official and
incurred substantial liabilities in good faith reliance upon such permit(s). A permit may be
otherwise exercised pursuant to a condition of the permit or corresponding legal
agreement that specifies that other substantial efforts or expenditures constitute exercise
of the permit. Unless otherwise provided, permits that have not been exercised prior to a
zoning amendment which would make the permitted use or structure nonconforming
shall automatically be deemed invalid on the effective date of the zoning amendment.
C. Permit extensions. The approval of an extension extends the expiration date for two
years from the original permit date. After this initial permit extension, a final one-year
extension of time may be granted pursuant to the same process as set forth in this
section.
1. Process. The same approving authority that granted the original permit may
extend the period within which the exercise of a permit must occur. Notice and/or
public hearing shall be provided in the same manner as for the original permit. An
application for extension shall be filed not less than 30 days prior to the
expiration date of the permit, along with appropriate fees and application
submittal materials.
2. Conditions. The permit, as extended, may be conditioned to comply with any
development standards that may have been enacted since the permit was initially
approved.
3. Permit extension findings. The extension may be granted only when the
designated approving authority finds that the original permit findings can still be
made and there are no changed circumstances or there has been diligent pursuit
to exercise the permit that warrants such extension.
4. Expiration. If the time limits are reached with no extension requested, or a
requested extension is denied or expires, the permit expires.
D. Permit expiration for a closed business. All permits and entitlements shall expire
when a business is closed for more than one calendar year. If a new business is
established within the calendar year, all permits and entitlements received will remain
valid. After one calendar year, the City may require the approval of new permits and
entitlements based on current requirements shall be required prior to any business
activity on the site.
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25.60.110 Modification
A. Any person holding a permit granted under this title may request a modification or
amendment to that permit. For the purpose of this section, the modification of a permit
may include modification of the terms of the permit itself, project design, or the waiver or
alteration of conditions imposed in the granting of the permit.
B. Minor revisions or modifications may be approved by the Director if determined that the
changes would not affect the findings prescribed in Section 25.72.050 (Conditional Use
Permits) and the application for revision or modification is filed within one year from the
date the original conditional use permit becomes final, does not change the use
designated in the original conditional use permit, does not increase, reduce, or alter the
size or shape of the premises to which the original conditional use permit pertained, and
does not extend the time in which the actual establishment of the conditional use permit
or the commencement of construction under the conditional use permit shall take place.
C. If the Director determines that a proposed project action is not in substantial
conformance with the original approval, the Director shall notify the property owner of the
requirement to submit a permit modification application for consideration and action by
the same approving authority as the original permit. A permit modification may be
granted only when the approving authority makes all findings required for the original
approval.
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 his or her sole discretion.
3. Except as specified in 1. and 2. above, the decision to revoke an entitlement or
permit granted pursuant to the provisions of this title shall be considered at a
noticed public hearing by the review body that originally approved the permit.
Public notice shall be provided and public hearing conducted pursuant to Section
25.60.060 (Public Hearing and Public Notice).
C. Findings. A decision to revoke an entitlement or permit may be made if any one of the
following findings can be made:
1. Circumstances under which the entitlement or permit was granted have been
changed to a degree that one or more of the findings contained in the original
entitlement or permit can no longer be met.
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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.
25.60.130 Reapplications
A. An application shall not be accepted or acted upon if within the past 12 months the City
has denied an application for substantially the same project on substantially the same
real property, unless the Director finds one or more of the following circumstances to
exist:
1. New evidence. There is new evidence that would support approving the project that
was not presented at the previous hearing and could not have been previously
discovered in the exercise of reasonable diligence by the applicant.
2. Substantial and permanent change of circumstances. There has been a substantial
and material change of circumstances since the previous hearing that affects the
applicant's real property.
3. Mistake at previous hearing. A mistake was made at the previous hearing that was a
material factor in the denial of the previous application.
25.60.140 Enforcement and Penalties
A. Enforcement duties.
1. It shall be the duty of the Director to enforce the provisions of this title pertaining
to the use of land, and the erection, construction, reconstruction, moving,
conversion, alteration, or addition to any building or structure.
2. It shall be the duty of the health department of Riverside County to enforce the
provisions of this title pertaining to the maintenance and use of property,
structures, and buildings so far as matters of health are concerned.
3. It shall be the duty of the City and of all officers of the City otherwise charged
with the enforcement of the law to enforce this title and all the provisions of the
same.
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B. Nuisance declared—abatement. Any building or structure set up, erected, built,
moved, or maintained and/or any use of property contrary to the provisions of this title
and/or any conditions attached to the granting of permits is declared to be unlawful and
a public nuisance. The duly constituted authorities of the City shall, upon order of the
Council, immediately commence action or actions, proceeding or proceedings for the
abatement, removal and adjournment thereof in the manner provided by law and shall
take such other steps and shall apply to such court or courts as may have jurisdiction to
grant such relief as will abate and remove such building, structure, or use of any
property contrary to the provisions of this title.
C. Violation—Penalty
1. Violation—Infraction. Any person, firm or corporation, whether as principal,
agent, employee or otherwise, violating any provisions of this title or any land use
permit granted under this title, is guilty of an infraction for the first instance of any
such violation, and shall be guilty of a misdemeanor for a second or any
subsequent violation of the same provision of this section or of any order or
regulation made hereunder.
2. Continuing Violation—Misdemeanor. Such person, firm, or corporation is deemed
guilty of a separate offense for each and every day during any portion of which
any violation of this title is committed, continued, or permitted by such person,
firm, or corporation, and shall be punishable as provided in Section 25.60.120
(Revocation).
3. Penalties. Any person, firm, or corporation found guilty of an infraction shall be
subject to a fine. Any person, firm, or corporation convicted of a misdemeanor
under the provisions of this section shall be punishable pursuant to the provisions
of Chapter 1.08 (Citations for Code Violations) of the Palm Desert municipal
code.
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Chapter 25.62 — Nonconforming Provisions
Sections in This Chapter
25.62.010 Purpose 62-1
25.62.020 Nonconforming Lots, Buildings, and Uses in Residential Zones 62-1
25.62.030 Nonconforming Lots, Buildings and Uses in Nonresidential Zones 62-1
25.62.040 Reconstruction of Nonconforming Building Partially Destroyed 62-2
25.62.050 Nonconforming Uses and Buildings Resulting from Reclassification 62-2
25.62.060 Outdoor Storage in Nonresidential Zones 62-2
25.62.070 Public Acquisition 62-2
25.62.080 Conforming Process for Legal Nonconforming Residential Uses in
Residential Zones and Office Professional Zones 62-2
25.62.090 Notice of Nonconformity 62-3
25.62.100 Abatement Hearings 62-4
25.62.010 Purpose
Where lots, buildings, or uses legally existing prior to the adoption of certain zoning provisions
are not in conformity with the provisions of this title, it is the intent and purpose of this chapter to
declare such lots, buildings, uses and land to be nonconforming, for the purpose of protecting
the public health, safety, and general welfare.
25.62.020 Nonconforming Lots, Buildings, and Uses in Residential Zones
A. All nonconforming uses within any single-family residential zone shall be terminated or
made to conform within 5 years after the adoption of any new zoning regulations.
B. Nonconforming buildings within a residential zone shall be permitted to expand providing
the expanded area conforms to this title.
C. A nonconforming lot may be developed if it has been legally created and the
construction proposed is conforming.
25.62.030 Nonconforming Lots, Buildings, and Uses in Nonresidential Zones
A. Nonconforming use limits other uses. While a nonconforming residential use exists
on any lot, no new use may be established on any portion of the lot, even though such
new use would be a conforming use.
B. Nonconforming use of conforming building. The nonconforming use of a building
may be continued, provided that such nonconforming use shall not be expanded or
extended into any other portion of the conforming building, and if such nonconforming
use is discontinued, any future use of such building shall conform to the provisions of
this title.
C. Nonconforming use of a nonconforming building. The nonconforming use of a
nonconforming building may be continued but may not be expanded or extended within
such building. If such nonconforming use is discontinued, any future use of such
nonconforming building shall conform to the provisions of this title.
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D. Change in status of nonconforming use. If a nonconforming use is discontinued for a
period of six months or is succeeded by another and conforming use, it is evidence that
the nonconforming use has ended and any vested right to the continuance of such use is
terminated.
E. Nonconforming buildings. A nonconforming building may be expanded, provided the
expansion conforms to the requirements of this title
25.62.040 Reconstruction of Nonconforming Building Partially Destroyed
A nonconforming building that is destroyed to the extent of not more than 50 percent of its
reasonable replacement value at the time of its destruction may be restored and the occupancy
or use of such building or part thereof that existed at the time of such partial destruction may be
continued subject to all other provisions of this title.
25.62.050 Nonconforming Uses and Buildings Resulting from Reclassification
The provisions of Sections 25.62.010 through 25.62.040 shall apply to buildings, land, and uses
that become nonconforming due to any reclassification of zones under this title.
25.62.060 Outdoor Storage in Nonresidential Zones
Notwithstanding any other provision of this title, the outdoor storage of materials and goods
associated with a lawful use carried on within a building shall be permitted, provided that the
outdoor storage is effectively screened from view by a wall, fence, or landscaping buffer
complying with the height and setback restrictions of the zone in which it is located.
25.62.070 Public Acquisition
Whenever any lot, any building, any structure, or any use is rendered nonconforming within the
meaning of this title solely by dedication to, or purchase by, the city for any public purpose, or by
eminent domain proceedings that result in the acquisition by the City of a portion of such
property, the same shall not be deemed nonconforming within the meaning of this chapter;
provided, however, that if subsequent to such acquisition, the buildings and/or structures
located upon such a lot are wholly destroyed, no reconstruction shall take place unless
compliance is had with all applicable provisions of this title. In the event, however, subsequent
to such acquisition, the buildings and/or structures located upon such a lot are destroyed to the
extent of not more than 50 percent of their reasonable replacement value, at the time of their
destruction, the provisions of Section 25.62.040 of this chapter shall apply to any reconstruction
of the buildings and/or structures.
25.62.080 Conforming Process for Legal Nonconforming Residential Uses in
Residential Zones and Office Professional Zones
Legal nonconforming residential uses in R-1, R-2, R-3, and OP zones may apply for legal
conforming status if they are brought into substantial compliance with present design quality
standards. The ARC shall receive and review applications for conforming status. As part of its
review the ARC may require significant upgrading and rehabilitation of the existing facility
consistent with the constraints of the original site plan. Reduction in the project dwelling unit
total will only be considered if it is required to protect public health and safety. If a rehabilitation
plan is approved by the ARC, required work must occur within one year. Once the plan has
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been satisfactorily completed, a certificate of conforming status will be issued. Certificates of
conformance include a requirement that the project be maintained substantially in the condition
specified by the rehabilitation plan, in perpetuity. Failure to maintain the property could result in
revocation of conforming status. Decisions of the ARC may be appealed to the Council.
25.62.090 Notice of Nonconformity
The owner or occupant of property that is determined to be a nonconforming lot, building, or use
under this chapter shall receive a notice, in writing, of that determination.
A. Notice contents. The notice shall state the grounds for the decision and shall require
the nonconforming lot, building, use, or land to be abated within a time determined by
the City staff to be reasonable. The letter shall advise that if the nonconforming lot,
building, or use is not abated within the time specified, the abatement work will be
completed by the City and the costs thereof will be charged against the property or its
owner. The notice shall furthermore provide that any person having any record title or
legal interest in the building or lot may request a hearing, provided that the request is
made in writing, as provided in this section, and filed with the City within 30 days from
the date of service of such notice. The notice shall finally provide that failure to request a
hearing will constitute a waiver of all right to an administrative hearing and determination
of the matter.
B. Service of notice of nonconformity. The notice and order, and any amended or
supplemental notice and order, shall be served upon the record owner, and posted on
the property. One copy thereof shall be served on each of the following persons, if
known to the City or disclosed from public records:
1. The holder of any mortgage or deed of trust or other lien or encumbrance of
record.
2. The owner or holder of any lease of record.
3. The holder of any other estate or legal interest of record in or to the building, or
the land on which it is located. The failure of the City to serve any person
required in this subsection to be served shall not invalidate any proceedings
under this section as to any other person duly served or relieve any such person
from any duty or obligation imposed on him by the provisions of this section.
C. Method of service—effective date of service. Service of the notice shall be made
upon all persons entitled thereto, either personally, or by mailing a copy of such notice
and order by certified mail, postage prepaid, return receipt requested, to each such
person at his address as it appears on the last equalized assessment role of the County
or as known to the City. If no address of any such person so appears, or is known to the
City, then a copy of the notice shall be so mailed, addressed to such person at the
address of the lot or building involved in the proceedings. The failure of any such person
to receive such notice shall not affect the validity of any proceedings 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 affecting such
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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.
25.62.100 Abatement Hearings
A. Request for hearing. Any person entitled to notice under Section 25.60.090 of this
section may, within 30 days of receipt of the notice, request a hearing. The request for
hearing shall be in writing, and shall contain the following information:
1. A brief statement setting forth the legal interest of each of the persons requesting
the hearing in the building, land, or lot involved.
2. A brief statement in ordinary and concise language of the specific City action
protested, together with any material facts claimed to support the contentions of
the persons requesting the hearing.
3. A brief statement, in ordinary and concise language, of the relief sought, and the
reasons why it is claimed the protested City action should be reversed, modified,
or otherwise set aside.
4. The signatures of all parties requesting the hearing, and their official mailing
addresses.
5. The verification, by declaration under penalty of perjury, of at least one person
who is requesting the hearing, as to the truth of the matters stated in the request
for hearing.
B. Abatement hearing board established. In order to provide for final interpretation of the
provisions of this chapter, and to conduct hearings provided for below, there is
established an abatement hearing board, hereinafter referred to as the "board,"
consisting of three members. One such member shall be a member of the Council. A
second member shall be a member of the Commission. A third member shall not be an
employee of the City. The Director shall be an ex-officio member of, and shall act as
secretary to the board. The board shall be appointed by the Council and shall hold office
at its pleasure. The board shall adopt reasonable rules and regulations for conducting its
business, and shall render all decisions and findings, in writing, to the person requesting
a hearing, with a copy to the Director. Copies of all rules and regulations adopted by the
board shall be delivered to the Director, who shall make them freely accessible to the
public.
C. Notice of hearing—form. As soon as practicable, after receiving the written request for
a hearing, the board shall fix a date, time, and place for the hearing by the board. Such
date shall be not less than 10 days or more than 60 days from the date the request for
hearing was filed. Written notice of the time and place of the hearing shall be given at
least 10 days prior to the date of the hearing, to each person requesting a hearing by the
secretary of the board, either by causing a copy of such notice to be delivered to the
persons requesting the hearing personally, or by mailing a copy thereof, postage
prepaid, addressed to the person requesting the hearing at his 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:
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1. You are hereby notified that a hearing will be held before the abatement hearing
board at on the day of , , at the hour of
, upon the notice served upon you. You may be present at the
hearing. You may be, but need not be, represented by counsel. You may present
any relevant evidence and will be given full opportunity to cross-examine all
witnesses testifying against you. You may request the issuance of subpoenas to
compel the attendance of witnesses, and the production of books, documents, or
other things by filing an affidavit therefore with the abatement hearing board.
D. Hearing procedures. The following procedures shall apply to the conduct of the
hearing:
1. The hearing shall take place before the three members of the abatement hearing
board, who shall act as hearing examiners to conduct the hearings.
2. A record of the entire proceeding shall be made by tape recording, or by any
other means of permanent recording, determined to be appropriate by the board.
3. The proceedings at the hearing shall also be reported by a stenographic reporter,
if requested by any party thereto. A transcript of the proceedings shall be made
available to all parties, upon request and upon payment of the fee prescribed
therefore. Such fees may be established by the board, but shall, in no event, be
greater than the cost involved.
4. The board may grant continuances for good cause shown.
5. In any proceedings under this chapter, the board, or any board member, has the
power to administer oaths and affirmations and to certify to official acts.
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 therefore, which states
the name and address of the proposed witness; specifies the exact things sought
to be produced and the materiality thereof in detail to the issues involved; and
states that the witness has the desired things in his possession or under his
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.
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11. Any relevant evidence shall be admitted, if it is the type of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rule, which might
make improper the admission of such evidence over objection in civil actions in
courts of competent jurisdiction in this state.
12. Irrelevant and unduly repetitious evidence shall be excluded.
13. In reaching a decision, official notice may be taken, either before or after
submission of the case for decision, of any fact which may be judicially noticed
by the courts of this state, or of official records of the board or departments and
ordinances of the city, or rules and regulations of the hearing board.
14. The board may inspect any buildings or lots involved in the hearing during the
course of the hearing, provided that notice shall be given to the parties before the
inspection is made, the parties are given an opportunity to be present during the
inspection, and the board shall state for the record, upon completion of the
inspection, the material facts observed and the conclusions drawn there from.
Each party then shall have a right to rebut or explain the matters so stated by the
board.
15. The hearing shall be open to the public.
16. The City shall have the burden of proof, and shall first present its evidence as the
first order of business. The party requesting the hearing may then cross-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 him
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.
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4. To impeach any witness, regardless of which party first called him to testify.
5. To rebut the evidence against him.
6. To represent himself, or to be represented by anyone of his choice, including an
attorney at law, who is lawfully permitted to do so.
F. Appeal to Council. The decision of the board may be appealed to the Council within 15
days of the date of service of the decision of the board. The Council shall hear the
appeal as soon as practicable. The appeal shall not be de novo, and shall be based only
on the hearing transcript, the evidence presented at the hearing, those matters officially
noticed, and the written decision of the board. Any action of the board shall be stayed
pending the outcome of the appeal. The decision of the Council shall be final.
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Chapter 25.64 — Decisions by the Zoning Administrator
Sections in This Chapter
25.64.010 Purpose 64-1
25.64.020 Large Family Day Care Use Permits 64-1
25.64.030 Adjustments 64-4
25.64.040 Administrative Use Permits 64-6
25.64.050 Reasonable Accommodation 64-7
25.64.010 Purpose
The purpose of this chapter is to establish procedures for planning- and zoning-related permits
that are decided by the designated Zoning Administrator(ZA). Each permit and entitlement type
is described in this chapter in terms of purpose and applicability, approving authority, and
unique processing provisions. General processing procedures are established in Chapter 25.60
(Procedures). Table 25.60-1 (Approving Authority for Land Use Permits/Entitlements) provides a
summary of the administrative permits and entitlements decided by the ZA.
25.64.020 Large Family Day Care Use Permits
A. Purpose. Pursuant to California Health and Safety Code Section 1597.46, the City of
Palm Desert prescribes reasonable land use standards, restrictions and requirements
concerning space and concentration, traffic control, parking, and noise control relating to
large family day care homes. A permit allows for the operation of a large family day care
home in conformance with such standards, restrictions, and requirements. Its purpose is
not to license, certify, or otherwise regulate the quality and safety of day care services
provided by family day care homes and those who operate them, which are governed
exclusively at the state level by the Department of Social Services.
B. Application process. Applications for use permits to operate a large family day care
home shall be made to the ZA or his or her designee, who shall specify the form of said
applications consistent with this section. At a minimum, application forms shall indicate
all of the following:
1. Number of children to be cared for by the applicant, including the applicant's own
children less than 10 years of age.
2. Number of employees.
3. State license number.
4. Proof that the applicant is in lawful possession and control of the real property
proposed to be used as a large family day care home.
5. In addition to submission of a completed application form and application fee as
provided by this chapter, the applicant shall submit the following documentation:
i. One copy of the assessor's parcel map.
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ii. One copy of a site plan (8.5 by 11 inches) showing: location and
dimension of existing residence and other structures, including permanent
outdoor play structures and equipment, and fencing; distance to property
line; parking areas and number of spaces both on-site and off-site;
access to and exits from the home; floor(s) on which day care is to be
provided; traffic circulation; and location of fire extinguishers and smoke
detectors.
iii. An accurate traffic circulation plan showing parking, circulation, and drop-
off areas.
C. Application fee. There is established an application fee for the review and processing of
applications for use permits pursuant to this chapter in an amount to be set by resolution
of the Council. Said fee shall not exceed the City's cost of administering the review and
permit process.
D. Notice to property owners. Not less than 10 days prior to the date on which the
decision will be made on the application, the ZA or his or her designee shall give notice
of the proposed use by mail or delivery to all owners shown on the last equalized
assessment roll as owning real property within a 300-foot radius of the exterior
boundaries of the proposed large family day care home. A copy of the notice shall also
be sent to the applicant. The notice shall inform its recipient that no hearing shall be held
before a decision on the application unless requested by the recipient.
E. Decision by the Zoning Administrator. After proper notice has been given to affected
property owners, the ZA or his or her designee shall render a decision on the
application. Unless requested by the applicant or other affected person, no hearing shall
be held on the application before a decision is made. The application shall be approved
if all of the following standards and requirements are met:
1. Space and Concentration. Properties proposed for use as large family day care
homes shall be located no closer than 300 feet in all directions from another
large family day care home, subject to an application for an exception to said
300-foot distance which may, after a public hearing and notice to the adjacent
property owners in accordance with this chapter, cause the reduction to no more
than 100 feet from another large family day care home. The foregoing spacing
and concentration requirements shall not apply to large family day care homes
which are already operating in the City on the date this chapter takes effect.
2. Traffic Control. The traffic circulation plan shall be designed to diminish traffic
safety problems. Residences located on major arterial streets (as shown on the
General Plan circulation map) must provide a drop-off/pickup area designed to
prevent vehicles from backing onto the arterial roadway. The applicant may be
required to submit a plan of staggered drop-off and pickup time ranges to reduce
congestion in neighborhoods already identified as having traffic congestion
problems.
3. Parking. All homes used for large family day care facilities shall provide at least
three automobile parking spaces, no more than one of which may be provided in
a garage or carport. Parking may be on-street if contiguous to property. These
may include spaces already provided to fulfill residential parking requirements.
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4. Noise Control. Operation of the facility shall comply with all provisions of Chapter
9.24 of this code. Additional conditions may be placed on use permits to reduce
noise impact if ongoing problems exist.
5. Signage. No signs or other exterior markings identifying a large family day care
operation shall be allowed on the applicant's home.
6. Residency. The applicant must be a primary resident of the home that is
proposed as a large family day care home.
7. Contact Person. The current name(s) and telephone number(s) of the applicant,
and all other operators if different from the applicant, of the family day care home
shall be on file with the department of community development at all times.
8. State Licensing. All appropriate licensing from the state Department of Social
Services shall be obtained prior to commencing operation of any large family day
care home in the City.
9. Building and Fire Code Compliance. Consistent with Section 1597.46 of the
Health and Safety Code, the proposed large family day care home must comply
with all building and fire code provisions applicable to single-family residences,
and with such additional standards as the State Fire Marshal from time to time
adopts pursuant to Section 1597.46(d) of the Health and Safety Code to promote
the fire and life safety of children in family day care homes. (See Title 22 of the
California Code of Regulations.) No application shall be approved unless and
111 until the City's building inspector and fire marshal, or their designees, have first
inspected the premises and approved that the home does comply with the
foregoing building and fire code provisions. However, a copy of the applicable
state licensing evaluation report covering these issues may be found by the City
staff to be sufficient.
10. Smoking Restricted. Consistent with Section 1596.795 of the Health and Safety
Code, smoking of tobacco and other substances—whether in pipe, cigar, or
cigarette form—shall not be allowed in the applicant's home during its hours of
operation as a large family day care home with respect to those areas of the
home where children are present.
11. Single-family Zoning. No use permit shall be issued unless the dwelling unit
proposed to be used as a large family day care home is located on a lot zoned or
used for single-family dwellings under this chapter.
12. Proof of Control. No use permit shall be issued unless the applicant can
demonstrate legal authority and control over the real property proposed to be
used as a large family day care home.
F. Appeal of decision. The applicant or other affected person may appeal the decision to
grant or deny an application for a use permit pursuant to this chapter to the Commission.
The Commission's decision shall be final unless the matter is called up for review by the
Council. The appellant shall pay the City's costs, if any, of processing and conducting
the appeal. The amount of such costs shall be estimated in advance by the ZA or his or
her designee and the appellant shall deposit said amount with the City before the City
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will process the request for an appeal. If at the end of the appeal the City's actual costs
were less than the estimate, then the City shall refund the unused portion of the deposit
to the appellant. In the event that the City's costs exceeded the amount of the deposit,
then the appellant shall pay the amount of the difference to the City.
G. Expiration of permit. If a large family day care home possessing a use permit ceases
to operate for a period greater than 365 consecutive days or its state license expires,
whichever occurs first, and then its use permit shall be considered null and void. Permits
are nontransferable.
H. Review of permit—Suspension or revocation.
1. Upon determination that the holder of a large family day care home use permit
has not complied with all of the standards and requirements of this chapter, the
ZA may require the use permit to be reviewed by the Commission at a public
hearing. A noticed public hearing to review the use permit is mandatory when the
City receives six substantiated complaints alleging violations of this chapter.
2. If the Commission determines that the holder has failed in a material way to
comply with all of the standards and requirements of this chapter, then the
Commission may suspend or revoke the permit or may, in its discretion, impose
additional reasonable standards and requirements consistent with state law,
based on findings derived from testimony and evidence presented at the public
hearing.
25.64.030 Adjustments
A. Purpose.
1. Adjustments shall be granted only when, because of special circumstances
applicable to the property, including size, shape, topography, location or
surroundings, the strict application of this title deprives such property of privileges
enjoyed by other property in the vicinity and under identical zoning classification.
Any adjustment granted shall be subject to such conditions as will assure that the
adjustment thereby authorized shall not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and district in
which such property is situated.
2. The power to grant adjustments does not extend to use regulations. Flexibility to
the zoning regulations is provided in the conditions use provisions of this title.
B. Application—Submittal requirements. Application for an adjustment shall be filed with
the Department on a form, and include application materials prescribed by the ZA.
C. Permissible adjustments. Deviations from the following development standards may
be permitted with approval of an adjustment:
1. A decrease of not more than 10 percent of the building lot coverage or width.
2. A decrease of not more than 20 percent of the required width of a side yard or
the yard between buildings.
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3. A decrease of not more than 40 percent of the required rear yard.
4. A decrease of not more than 40 percent of the distance required between the
front property line and the building line.
5. A decrease of not more than 10 percent of the required parking spaces.
6. An increase of not more than 10 percent of the permitted projection of steps,
stairways, landings, eaves, overhangs, masonry chimneys, and fireplaces, into
any required front, rear, side or yard between buildings.
7. Other deviations from the zoning regulations may be considered by the
Commission through the variance procedure (Section 25.72.070).
D. Public hearing. No public hearing is required for the consideration of an adjustment
application.
E. Action of the Zoning Administrator. The ZA may grant an adjustment as the
adjustment was applied for or in modified form, or the application may be denied. An
adjustment may be granted for a limited time period, or may be granted subject to
conditions as the ZA may prescribe.
F. Findings. The ZA may grant an adjustment to a regulation prescribed by this title if, on
the basis of the evidence submitted, the ZA makes the following findings of fact:
1. That strict or literal interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship inconsistent
with the objectives of the ordinance codified in this title.
2. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property that do
not apply generally to other properties in the same zone.
3. That strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the same vicinity and zone.
4. That the granting of the adjustment will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
G. Effective date. A decision of the ZA shall be effective 15 days after the date of the
decision unless an appeal has been issued. An adjustment shall become effective
immediately after it is granted by the ZA.
H. Lapse of adjustment. An adjustment shall lapse and shall become void one year
following the date on which the adjustment 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 adjustment
application, or a permit is issued authorizing occupancy of the site or structure which
was the subject of the adjustment application, or the site is occupied if no building permit
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or certificate of occupancy is required. Prior to the expiration of a permit, an applicant
may request a 12-month time extension by filing with the ZA.
I. Revocation. An adjustment granted by the ZA subject to conditions shall be revoked by
the ZA if the applicant has not complied with the conditions. The decision of the ZA
revoking an adjustment shall become effective 15 days following the date on which it
was revoked unless an appeal has been filed. An adjustment granted by the Council
shall be revoked only by the Council.
J. New application. Following the denial or revocation of an adjustment application, no
application for the same or substantially the same adjustment on the same or
substantially the same site shall be filed within one year of the date of denial or
revocation of the adjustment.
K. Adjustment related to plans submitted. Unless otherwise specified at the time an
adjustment is granted, it shall apply only to the plans and drawings submitted as part of
the application.
25.64.040 Administrative Use Permits
A. Purpose. Administrative use permits allow for approval of uses and activities whose
effects on adjacent sites and surroundings need to be evaluated in terms of a specific
development proposal. It is anticipated that uses qualifying for an administrative use
review are minor in nature, only have an impact on immediately adjacent properties, and
can be modified and/or conditioned to ensure compatibility.
B. Applicability. This section applies to land use requiring an administrative use review as
designated with an "A" on the allowed use tables, including Table 25.10-1 (Use Matrix
for Residential Districts), and Table 25.16-1 (Use Matrix for Commercial and Industrial
Districts).
C. Review process. The ZA is the approving authority for administrative use permits.
However, the ZA may refer an administrative use permit to the Commission for review
and approval.
1. Public notice of the application submittal and pending determination shall be
made in accordance with Section 25.60.060.0 (notice of Zoning Administrator
decision).
2. ZA determination shall be based on standards and criteria set forth within this
code and shall be accompanied by brief, written findings and a determination.
D. Findings. The ZA shall approve, or approve with conditions, an application for an
administrative use permit after making all of the findings below. If the ZA does not make
all of these findings, he/she shall deny the administrative use permit.
1. The proposed use is allowed within the applicable zoning district and complies
with all other applicable provisions of this zoning code, municipal code, General
Plan, and any applicable specific plans or City regulations/standards.
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2. The site is physically suited for the type, density, and intensity of the proposed
use, including access, utilities, and the absence of physical constraints, and can
be conditioned to meet all related performance criteria and development
standards.
3. Granting the permit would not be detrimental to the public interest, health, safety,
convenience, or welfare, or materially injurious to persons, property, or
improvements in the vicinity in which the project is located.
E. Conditions. In approving an administrative use review, the ZA may impose any
reasonable conditions to ensure that the approval will comply with the findings required,
as well as any performance criteria and development standards contained within this
code.
25.64.050 Reasonable Accommodation
A. Purpose. In accordance with federal and state fair housing laws, it is the purpose of this
section to allow for reasonable accommodations in the City's zoning and land use
regulations, policies, and practices when needed to provide an individual with a disability
an equal opportunity to use and enjoy a dwelling.
B. Application.
1. Applicant. A request for reasonable accommodation may be made by any person
with a disability, their representative, or a developer or provider of housing for
individuals with a disability. A reasonable accommodation may be approved only
for the benefit of one or more individuals with a disability.
2. Application. An application for a reasonable accommodation from a zoning
regulation, policy, or practice shall be made on a form specified by the ZA. No
fee shall be required for a request for reasonable accommodation, but if the
project requires another discretionary permit, then the prescribed fee shall be
paid for all other discretionary permits.
3. Other Discretionary Permits. If the project for which the request for reasonable
accommodation is made requires another discretionary permit or approval, then
the applicant may file the request for reasonable accommodation together with
the application for the other discretionary permit or approval. The processing
procedures of the discretionary permit shall govern the joint processing of both
the reasonable accommodation and the discretionary permit.
4. Required Submittals. In addition to materials required under other applicable
provisions of this code, an application for reasonable accommodation shall
include the following:
i. Documentation that the applicant is: (a) an individual with a disability; (b)
applying on behalf of one or more individuals with a disability; or (c) a
developer or provider of housing for one or more individuals with a
disability.
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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 other individuals or substantial
physical damage to the property of others.
E. Alternative reasonable accommodations. The decision-maker may approve
alternative reasonable accommodations that provide an equivalent level of benefit to the
applicant.
F. Consideration factors. The City may consider, but is not limited to, the following factors
in determining whether the requested accommodation is necessary to provide one or
more individuals with a disability an equal opportunity to use and enjoy a dwelling:
1. Whether the requested accommodation will affirmatively enhance the quality of
life of one or more individuals with a disability.
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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 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.
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K. Time extension. The ZA may approve a single one-year time extension for a
reasonable accommodation for good cause. An application for a time extension shall be
made in writing to the ZA no less than 30 days or more than 90 days prior to the
expiration date. The request for an extension shall be subject to the same notice,
hearing, and appeal requirements applicable to the original application.
L. Violation of terms. Any reasonable accommodation approved in accordance with the
terms of this code may be revoked if any of the conditions or terms of such reasonable
accommodation are violated, or if any law or ordinance is violated in connection
therewith. Revocation of a reasonable accommodation shall be subject to the same
notice, hearing, and appeal requirements applicable to the original application.
M. Discontinuance. A reasonable accommodation shall lapse if the exercise of rights
granted by it is discontinued for 180 consecutive days. If the persons initially occupying a
residence vacate, the reasonable accommodation shall remain in effect only if the ZA
determines that: (1) the modification is physically integrated into the residential structure
and cannot easily be removed or altered to comply with the zoning code, or (2) the
accommodation is necessary to give another disabled individual an equal opportunity to
enjoy the dwelling. The ZA may request the applicant or his or her 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.
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Chapter 25.68 — Decisions by the Architectural Review Commission
Sections in This Chapter
25.68.010 Purpose 68-1
25.68.020 Design Review Required 68-1
25.68.030 Exceptions to ARC review 68-1
25.68.040 Findings of the ARC 68-2
25.68.050 Sign Design Review 68-2
25.68.060 Comprehensive Sign Pograms 68-3
25.68.010 Purpose
The purpose of this chapter is to establish permits and entitlements that are decided by the
Architectural Review Commission (ARC). Each permit and entitlement type is described in this
chapter in terms of purpose and applicability, unique review process, findings for approval, and
conditions. General processing procedures are established in Chapter 25.60 (Procedures).
25.68.020 Design Review Required
A. Purpose and applicability. Design review allows for specified projects to be reviewed
by the ARC to ensure that design objectives of Palm Desert as specified in the General
Plan are achieved. Design review is required, as follows:
1. Prior to permit issuance. No plan, elevation for buildings or structures, or
alterations shall be approved and no permit shall be issued for any building,
structure, sign, or other development of property or appurtenances or alterations
thereto, except in single-family residential districts, without review and approval
by the ARC.
2. The ARC shall review all plans submitted with applications for moving buildings
within or into the City. Photographs shall be included with the application showing
all elevations, the structure proposed to be moved, the proposed site, and the
buildings adjacent to the proposed site. The ARC shall determine whether the
building proposed to be moved will fit harmoniously into the neighborhood
wherein it is to be located. It may approve, approve with conditions, or
disapprove the issuance of a permit to move such building.
25.68.030 Exceptions to ARC review
A. Minor modifications. When in the opinion of the ZA, the approval of an application
for a minor or insignificant permit does not defeat the purposes and objectives of this
chapter; he or she may grant the permit without submitting the matter to the ARC for
its approval, notwithstanding any other provisions of this chapter.
B. Staffs 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.
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25.68.040 Findings of the ARC
To approve a design review application, the ARC shall find the following:
A. That the proposed development conforms to any legally adopted development
standards.
B. That the design and location of the proposed development and its relationship to
neighboring existing or proposed developments and traffic is such that it will not impair
the desirability of investment or occupation in the neighborhood; and that it will not
unreasonably interfere with the use and enjoyment of neighboring existing or proposed
developments and that it will not create traffic hazards or congestion.
C. That the design and location of the proposed development is in keeping with the
character of the surrounding neighborhood and is not detrimental to the harmonious,
orderly, and attractive development contemplated by this title and the General Plan of
the City.
D. That the design and location of the proposed development would provide a desirable
environment for its occupants, as well as for its neighbors and that it is aesthetically of
good composition, materials, textures, and colors.
E. That the proposed use conforms to all the requirements of the zone in which it is located
and all other applicable requirements.
F. That the overall development of the land shall be designed to ensure the protection of
the public health, safety, and general welfare.
25.68.050 Sign Design Review
A. Application contents. Applications for sign design review shall be made on a form
provided by the Department and shall be accompanied by a fee as established by
Council resolution. The application shall provide the information and material specified in
the Department's handout for a sign permit application. The applicant shall also provide
a signed statement from the property owner or authorized representative that the owner
or representative has reviewed the proposed sign(s) and approves of the proposed
sign(s) and their location prior to submittal of the sign permit application to the City.
B. Minor signs. The ZA shall be authorized to conduct and approve sign design reviews
for signs not described in item C, below. The decision of the ZA shall be subject to
appeal made to the ARC.
C. Design review required. The following sign types and sign programs shall be submitted
to the ARC for approval prior to approval of a sign permit application:
1. Freestanding signs (monument signs).
2. All new awnings, including color change to existing awnings (awning signs).
3. Comprehensive sign programs in compliance with Section 25.56.100
(Comprehensive Sign Programs).
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4. Individual signs for any building with more than 100 lineal feet of building
frontage facing a public or private right-of-way.
5. Any sign that the ZA determines should be reviewed by the ARC due to the
unique design, context, color, size, shape, location, or circumstance of the sign.
D. Sign review criteria. In approving or rejecting a sign permit application, the reviewing
authority shall consider the design review criteria provided herein. The design criteria
shall not be construed or applied in a manner as to violate any legal rights bestowed by
state or federal law. The reviewing authority shall find:
1. That the sign is necessary for the applicant's enjoyment of substantial trade and
property rights.
2. That the sign is consistent with the intent and purpose of this chapter and title.
3. That the sign does not constitute a detriment to public health, safety, and welfare.
4. That the size, shape, color, height, and placement of the sign is compatible with
and will have a harmonious relationship to the building it identifies, the
surrounding neighborhoods, and other signs in the area.
5. That both the location of the proposed sign and the design of its visual elements
(lettering, words, figures, colors, decorative motifs, spacing, and proportions) are
legible under normal viewing conditions prevailing where the sign is to be
located.
6. That the location, height, and design of the proposed sign does not obscure from
view or unduly detract from existing or adjacent signs, and does not in any way
compromise the health or safety of any person(s).
7. That the location and design of the proposed sign, and its size, shape,
illumination, and color are compatible with the visual characteristics of the
surrounding area so as not to detract from or cause depreciation of the value of
adjacent developed properties.
8. That the location and design of a proposed sign in close proximity to a residential
district does not adversely affect the value or character of the adjacent residential
uses.
9. That any neon tubing used in conjunction with any sign is incorporated as an
integral part of the sign design with careful attention to color, intensity of light,
and the use of colors that are not overly bright.
10. That the quantity of information displayed in the sign does not cause visual
clutter.
25.68.060 Comprehensive Sign Programs
A. Purpose. The purpose of a comprehensive sign program is to integrate all of a
nonresidential project's signs with the overall site design and the structures' design into
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a unified architectural statement. A comprehensive sign program provides a means for
the flexible application of sign regulations in order to provide incentive and latitude in the
design and display of multiple signs and to achieve, not circumvent, the purpose of this
chapter. Approval of a comprehensive sign program may modify the standards provided
in this chapter as to sign number, size, height, illumination, location, orientation, or other
aspects of signs within the limits of this section.
B. Applicability. The approval of a comprehensive sign program shall be required
whenever any of the following circumstances exist:
1. Whenever three or more separate tenant spaces are present on the same site.
2. Whenever three or more nonexempt signs are proposed for a single tenant.
3. Whenever signs are proposed to be located on the second story on a multistory
building.
4. Whenever an existing multitenant development of three or more tenants is being
remodeled or rehabilitated to the extent that it requires review and approval by
the ARC.
5. Whenever the Director determines that a comprehensive sign program is needed
because of special project characteristics (e.g., the size of proposed signs,
limited site visibility, the location of the site relative to other lots, buildings, or
streets, etc.).
C. Approval authority and procedures. The ARC shall be the review authority for a
comprehensive sign program as described in Section 25.56.100.
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Chapter 25.72 — Decisions by the Planning Commission
Sections in This Chapter
25.72.010 Purpose 72-1
25.72.020 Use Determinations 72-1
25.72.030 Precise Plan 72-2
25.72.040 Development Plan 72-4
25.72.050 Conditional Use Permit 72-5
25.72.060 Condominium Conversion Permit 72-8
25.72.070 Variances 72-9
25.72.080 Hillside Development Plan, Commission Role 72-12
25.72.090 Zoning Amendments (Text and Map), Commission Role 72-12
25.72.010 Purpose
The purpose of this chapter is to establish permits and entitlements that are decided by the
Planning Commission (Commission). Each permit and entitlement type is described in this
chapter in terms of purpose and applicability, unique review process, findings for approval, and
conditions. General processing procedures are established in Chapter 25.60 (Procedures).
25.72.020 Use Determinations
A. Purpose. In order to ensure that the zoning regulations will permit all similar uses in
each district, the Commission, upon its own initiative or upon request, shall determine
whether a use not specifically listed as a permitted or conditional use in any district shall
be deemed a permitted use or a conditional use in any one or more districts on the basis
of similarity to uses specifically listed. The procedures of this chapter shall not be
substituted for the amendment procedure as a means of adding new uses to the list of
permitted or conditional uses.
B. Application—submittal requirements. Application for determination of similar uses
shall be made in writing to the Director and shall include a detailed description of the
proposed use and such other information as may be required to facilitate the
determination.
C. Investigation and report. The Director shall make such investigation of the application
as necessary to compare the nature and characteristics of the proposed use with those
uses specifically listed and shall make a report of his 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 Chapter 25.60.080 (Appeals).
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25.72.030 Precise Plan
A. Purpose. A precise plan allows for the review of uses, sites, and structures to ensure
that the applicable design and development standards are implemented as intended.
B. Applicability. A precise plan is required as follows:
1. No person shall commence any use for which a conditional use permit is required
or any use not permitted in either the R-1 or RE zone. No building permit shall be
issued for any structure to be used for, or in conjunction with any such use, until
a precise plan of design covering the parcel or parcels to be so used shall be
approved and adopted as provided in this chapter.
2. Notwithstanding any provision of the Uniform Building Code, no grading permit
shall be issued for the grading or excavation of any land, until a precise plan of
design, tentative tract map, or tentative parcel map covering the property
proposed to be graded or excavated has been approved and adopted as
provided in this chapter.
C. Exceptions. This subsection shall not apply to the grading or excavation required in
connection with:
1. The construction of a swimming pool on property in the residential zone.
2. The movement of less than 50 cubic yards of earth.
3. The grading of any parcel of property outside of the hillside overlay zone so as to
improve the land for emergency drainage purposes.
D. Application requirements. The applications for a precise plan shall be submitted on a
form as provided by the Director and include submittal materials as required.
E. Review criteria. Any such precise plan of design may be rejected, approved, modified
and approved, or approved subject to conditions. Any such precise plan of design after
approval may be amended, in the same manner as a precise plan of design is first
approved under this chapter. The following criteria apply:
1. In the approval or rejection of a precise plan of design, consideration shall be
given and restrictions shall be imposed to the extent necessary, in view of the
size and shape of the parcel and the present and proposed zoning and use of the
subject property and the surrounding property, to permit the same degree of
enjoyment of the subject property, but subject to the same degree of protection of
adjoining properties, as would be accorded in normal circumstances by the
standard restrictions imposed by this chapter. The standard restrictions imposed
in the various zones by this chapter are intended as minimum restrictions
necessary in normal circumstances to prevent substantial depreciation of
property values in the vicinity and unreasonable interference with the use and
enjoyment of property in the vicinity by the occupants thereof for lawful purposes,
and for the protection of the public peace, health, safety, and general welfare.
"Normal circumstances" are intended to refer to the case of a permitted case
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upon a lot of a normal size and shape surrounded by property in the same zone
as the lot in question.
2. If the proposed precise plan of design would substantially depreciate property
values in the vicinity or would unreasonably interfere with the use or enjoyment of
property in the vicinity by the occupants thereof for lawful purposes or would
endanger the public peace, health, safety, or general welfare, such plan shall be
rejected or shall be so modified or conditioned before adoption as to remove said
objections.
3. If required, the design review approval by the ARC (Section 25.68.020 9 Design
Review Required) must be obtained prior to the precise plan review by the
Commission.
F. Approval subject to condition. A precise plan of design may be approved subject to
the granting of a change of zone, a conditional use permit, a variance, or the approval of
a final subdivision map, and the Commission or Council may require such a precise plan
of design to be submitted prior to the granting or recommending of a zone change,
variance, or conditional use permit.
G. Compliance required. No person shall violate or fail to comply with any approved
precise plan of design or any conditions or provisions thereof nor shall a building permit
be issued for any structure which would violate or fail to comply with any approved
precise plan of design for the parcel or parcels on which such structure is to be located.
In the event any such permit is issued, it shall be null and void and have no further
effect.
H. Continuance of existing plans. Any precise plan previously approved and in effect
shall remain in effect regardless of any changes to zoning regulations subsequently
adopted, unless the precise plans are made null and void or amended at the time of
adoption.
I. Distinction from other precise plans. The precise plans of design referred to in this
chapter are not to be confused with or considered to be precise plans as referred to in
the Government Code of the State.
J. Street frontage requirements. No building or other structure to be used for any
business or commercial purpose shall hereafter be erected unless the frontage of the lot,
or parcel of land upon which such building or structure is erected, abuts on one side of a
public street, unless an unnecessary hardship would result as determined by the
Commission.
K. Failure to utilize a precise plan.
1. Failure to utilize a precise plan within one year of its effective date (unless
extended by action of the Commission) will automatically void such precise plan.
In the event construction work is involved, such work must actually commence
within the stated period and be diligently pursued.
2. Extension of time up to a maximum one year may be granted from the date of
expiration of the precise plan by the Commission when extenuating
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circumstances can be clearly shown by the applicant. The request for same shall
be submitted to the Commission in writing prior to the expiration date and shall
clearly state the reasons why construction has not commenced.
3. The Commission may grant additional time extensions up to a maximum of three
years providing that there has not been adopted any changes to zoning
regulations that would impact said precise plan.
L. Amendment to a precise plan.
1. The Commission may grant an amendment to the approved precise plan only
after all procedures as set forth in the original application are met except that the
request for such amendment may be in letter form in lieu of being placed on the
official form of application for a precise plan of design.
2. The Director may approve in writing on the approved precise plan minor
modifications without the benefit of public hearing when such modifications do
not adversely affect the public interest or the interest of owners of neighboring
properties or substantially alter the plan, and so long as the modification would
not affect any other condition of approval.
25.72.040 Development Plan
A. Purpose. A development plan may be filed that is consistent with an approved master
plan in accordance with the Planned Community Overlay described in Section
25.28.060. A development plan may cover all or a portion of a master plan area. No
building permit shall be issued for any new building or structure unless a development
plan covering the area within the master plan area has been approved.
B. Application requirements. A development plan application shall be submitted on the
form provided by the Director and shall contain the material specified by the Director and
be based on materials provided by the Department.
C. Common open space. 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 three methods of administering common open space:
1. Dedication of common open space to the City, which is subject to formal
acceptance.
2. 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.
3. 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
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as future property owners, and shall contain a prohibition against partition of
common open space.
D. Design criteria. The following design criteria are established:
1. The overall plan shall achieve an integrated land and building relationship.
2. 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.
3. The layout of structures and other facilities shall effect conservation in street and
utility improvements.
4. Recreational areas, active and passive, shall be generally dispersed throughout
the development and shall be easily accessible from all dwelling units.
E. Procedure for development plan application.
1. Application. The owner, authorized agent, or the purchaser with the consent of
the owner may submit an application for development plan approval to the
community development department.
2. The ARC shall approve a design review application.
3. The Commission shall hold a public hearing and approve the development plan if
it finds the criteria set forth in this chapter have been satisfied subject to such
conditions as it deems necessary. The Commission may deny the application if it
finds the criteria are not being satisfied or that such application would be
detrimental to the public peace, health, safety, or welfare. The decision of the
Commission shall be final unless appealed to the Council.
F. Public hearing and appeal. Public hearing and appeal procedure shall be governed by
Chapter 25.60 (Procedures).
G. Application fee. An application for a development plan shall be accompanied by a filing
fee as specified by the City.
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.
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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:
1. That the proposed location of the conditional use is in accord with the objectives
of this title and the purpose of the district in which the site is located.
2. That the proposed location of the conditional use and the conditions under which
it would be operated or maintained will not be detrimental to the public health,
safety, or welfare, or be materially injurious to properties or improvements in the
vicinity.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
4. That the proposed conditional use complies with the goals, objectives, and
policies of the City's General Plan.
G. Effective date of the use permit. The decision of the Commission shall be final within
15 days from the date of the decision unless an appeal has been filed with the Council.
H. Lapse of conditional use permit. A conditional use permit shall lapse and shall
become void one year following the date on which the use permit became effective,
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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 he or she determines that the changes would not affect the findings prescribed
in Section 25.72.050.F. (Findings), and the application for revision or modification is filed
within one year from the date the original conditional use permit becomes final, does not
change the use designated in the original conditional use permit, does not increase,
reduce, or alter the size or shape of the premises to which the original conditional use
permit pertained, and does not extend the time in which the actual establishment of the
conditional use permit or the commencement of construction under the conditional use
permit shall take place.
J. Suspension and revocation. Any conditional use permit issued pursuant to the
provisions of this title may be modified, discontinued, suspended or revoked by the
Commission upon receiving satisfactory evidence that the permittee, its agent(s),
employee(s), or any person connected or associated with the permittee: (1) has failed to
111 comply with any applicable provision of the Palm Desert Municipal Code, including but
not limited to the City's building, zoning, and health regulations; (2) has failed to comply
with any condition imposed by the conditional use permit; or (3) has allowed the
existence of or created a public nuisance in violation of the Palm Desert Municipal Code.
The modification, discontinuance, suspension, or revocation shall be made only after a
duly noticed hearing before the Commission, which hearing shall be conducted within 40
days of learning of the violation.
K. Commission determination.
1. Not more than 30 days or less than 10 days prior to the hearing, written notice of
the time and place of hearing shall be given to the permittee. The notice shall
specify in general terms the grounds upon which the Commission intends to
modify, discontinue, suspend, or revoke the conditional use permit. The notice
shall be deemed complete when delivered to the permittee by personal service,
when sent by certified mail to the permittee's last known address, or when posted
in a conspicuous place on the property for which the conditional use permit was
issued.
2. Notice of the hearing shall also be mailed not more than 30 days or less than 10
days prior to the hearing to all persons whose names appear on the latest
adopted tax roll of Riverside County as owning property within 300 feet of the
exterior boundaries of the property subject to the hearing and all persons who
have filed written complaints with the City regarding the subject property.
3. After giving notice and conducting the hearing, the Commission may modify,
discontinue, suspend, or revoke the conditional use permit. As part of any such
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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.
25.72.060 Condominium Conversion Permit
A. Purpose and intent. This section provides standards and criteria for regulating the
conversion of rental housing to residential condominium units or rental housing to a
condominium hotel, community apartment, or stock cooperative types of ownership and
for determining when such conversions are appropriate; mitigates any hardship to
tenants caused by their displacement; and provides provisions to protect public health,
safety, and general welfare.
B. Applicable standards.
The Commission/Council is the review authority for condominium conversion projects.
All condominium conversion projects shall conform to: (1) the applicable standards and
requirements of the zoning district in which the project is located at the time of approval;
(2) Section 25.34.050 of the Palm Desert Municipal Code; and (3) all other applicable
local, state, and/or federal laws and codes.
C. Findings—Condominium conversion projects. The Commission/Council shall not
approve a condominium conversion permit for same unless it finds all of the following:
1. The condominium conversion project is consistent with the applicable findings
specified in Section 25.72.050 (Conditional Use Permits) of this code.
2. That the applicant does not seek to convert an apartment complex or
development, which received a certificate of occupancy for any unit, located
therein within the preceding 12 months.
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3. That the average rental vacancy rate in apartment dwelling units within the city
during the 24 months proceeding the filing of the application is equal to or greater
than 5 percent. Upon submission of the application, the City Manager or
designee shall obtain, at applicant's sole expense, a written study or report from
an objective, unbiased third party which provides such studies and/or reports as
part of its ordinary course and scope of business on a statewide or nationwide
basis, which, in the reasonable opinion of the City Manager or designee, reflects
that the average rental vacancy rate in apartment units then available in the city
is 5 percent or higher. If the average rental vacancy rate in the city during the 24
months preceding the filing of the application is less than 5 percent or if as a
result of the approval of said condominium conversion the vacancy rate would be
less than 5 percent, the condominium conversion project shall be denied unless
the Commission/Council determines that at least one of the following overriding
considerations exist:
i. Evidence has been submitted that at least 50 percent plus one of the
eligible tenants has voted to recommend approval of the conversion.
ii. That the evidence presented to the Commission/Council as part of the
application for the project overwhelmingly complies with the policies and
intent of this chapter. Applicants shall be able to request that the
Commission/Council allow for a condominium conversion project to be
considered for approval where the vacancy rate and/or tenant approval
percentage requirements have not been met but have been substantially
complied with.
4. Conversions of projects containing four units or less shall not be subject to the
above vacancy rate provisions.
D. Planning Commission/City Council determination.
1. The Commission shall hold a duly noticed public hearing on a condominium
conversion project, and the decision of the Commission shall be final unless a
timely appeal is filed.
2. When a timely appeal is filed to a decision of the Commission, the Council shall
hold a public hearing on a condominium conversion project, and the decision of
the Council shall be final and subject to appeal only by way of writ of mandate to
a court of appropriate jurisdiction. A condominium conversion project conditional
use permit may be approved subject to such conditions as the
Commission/Council may prescribe.
25.72.070 Variances
A. Purpose. Variances from the terms of this title shall be granted only when, because of
special circumstances applicable to the property, including size, shape, topography,
location, or surroundings, the strict application of this title deprives such property of
privileges enjoyed by other property in the vicinity and under identical zoning
classification. Any variance shall be subject to such conditions as will assure that the
adjustment thereby authorized shall not constitute a grant of special privileges
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inconsistent with the limitations upon other properties in the vicinity and district in which
such property is situated.
B. Applicability. The power to grant variances and adjustments does not extend to use
regulations. Flexibility to the zoning regulations is provided in the conditions use
provisions of this title.
C. Application—submittal requirements. Application for a variance shall be filed with the
Department on a form prescribed by the Commission and shall include the following data
and maps:
1. Name and address of the applicant.
2. Statement that the applicant is the owner or the authorized agent of the owner of
the property on which the variance is being requested.
3. Address and legal description of the property.
4. Statement of the precise nature of the variance requested and the practical
difficulty or unnecessary physical hardship inconsistent with the objectives of the
zoning regulations that would result from a strict or literal interpretation and
enforcement of the specified regulation, together with any other data pertinent to
the findings prerequisite to the granting of a variance.
5. An accurate scale drawing of the site and any adjacent property affected,
showing, when pertinent, the contours at intervals of not more than 2 feet, and all
existing and proposed locations of streets, property lines, uses, structures,
driveways, pedestrian walks, off-street parking facilities, and landscaped areas.
6. A list of all owners of property located within 300 feet of the exterior boundaries
of the subject property. The list shall be keyed to a map showing the location of
these properties.
7. The Director may require additional information or plans, if they are necessary, to
enable a determination as to whether the circumstances prescribed for the
granting of a variance exist. The Director may authorize omission of any or all of
the plans and drawings required by this title if they are not necessary.
D. Investigation and report. The Department shall make an investigation of each
application that is subject of a public hearing and shall prepare a report thereon which
shall be submitted to the Commission, and made available to the applicant prior to the
public hearing.
E. Hearing responsibility. All variance applications shall be heard and a determination
shall be made by the Commission. The Commission shall hold a public hearing on an
application for a variance. The hearing shall be set and notice given as prescribed in
Section 25.60.060 (Public Hearing and Public Notice). At a public hearing, the
Commission shall review the application, statements, and drawings submitted therewith
and shall receive pertinent evidence concerning the variance, particularly with respect to
the findings.
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F. Action of the Planning Commission. The Commission may grant a variance as the
variance was applied for or in modified form, or the application may be denied. A
variance may be granted for a limited time period, or may be granted subject to
conditions as the commission may prescribe.
G. Findings. The Commission may grant a variance to a regulation prescribed by this title
with respect to fences, walls, hedges, screening, or landscaping; site area, width, or
depth; front, rear, or side yards; coverage, height of structures; distances between
structures, usable open space, frontage on a public street, or other development
standards as the variance was applied for or in modified form, if, on the basis of the
application and the evidence submitted, the Commission makes findings of fact that
establish that the circumstances prescribed in subsections 1, 2, 3 and 4 do apply:
1. That strict or literal interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship inconsistent
with the objectives of the ordinance codified in this title.
2. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property that do
not apply generally to other properties in the same zone.
3. That strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the same vicinity and zone.
4. That the granting of the variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
H. Determination. The Commission shall hold a public hearing on a variance as prescribed
in Chapter 25.60.060 (Public Hearing and Public Notice) if an appeal has been filed
within the prescribed 15-day appeal period.
I. Effective date. A decision of the Commission on a variance shall be effective 15 days
after the date of the decision unless an appeal has been filed. A variance shall become
effective immediately after it is granted by the Council.
J. Lapse of variance. A variance shall lapse and shall become void one year following the
date on which the variance 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 variance application, or a permit is
issued authorizing occupancy of the site or structure which was the subject of the
variance application, or the site is occupied if no building permit or certificate of
occupancy is required. Prior to the expiration of a permit, an applicant may request a 12-
month time extension by filing with the Commission.
K. Revocation. A variance granted by the Commission subject to conditions shall be
revoked by the Commission if the applicant has not complied with the conditions. The
decision of the Commission revoking a variance shall become effective 15 days
following the date on which it was revoked unless an appeal has been filed. A variance
granted by the Council shall be revoked only by the Council.
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L. New application. Following the denial or revocation of a variance application, no
application for the same or substantially the same variance on the same or substantially
the same site shall be filed within one year of the date of denial or revocation of the
variance.
M. Variance related to plans submitted. Unless otherwise specified at the time a variance
is granted, it shall apply only to the plans and drawings submitted as part of the
application.
25.72.080 Hillside Development Plan, Commission Role
A. Purpose and applicability. The purpose of a hillside development plan is to provide for
the review of projects within the hillside planned residential district to ensure that the
design of projects is consistent with the hillside conditions on each development site.
Within the hillside planned residential district, no building permit shall be issued for any
new building or structure unless a hillside development plan has been approved by the
Council according to Section 25.78.020 (Hillside Development Plan).
B. Procedure and required Planning Commission action.
1. Hillside development plan shall be reviewed and processed according to Section
25.78.020 (Hillside Development Plan). Final approval by the Council is required,
but the Commission may deny a hillside development plan.
2. Prior to Commission action, the ARC shall hold a public hearing on such
application and consider a recommendation to the Commission.
3. The Commission shall hold a public hearing and either:
i. Recommend to the Council that the development plan is approved if it
finds the criteria set forth in Section 25.78.020 (Hillside Development
Plan) have been satisfied subject to such conditions as it deems
necessary.
ii. Deny the application if it finds the criteria are not being satisfied or that
such application would be detrimental to the public peace, health, safety,
or welfare.
4. Decision of the Commission to deny the development plan shall be final unless
appealed to the Council.
25.72.090 Zoning Amendments (Text and Map), Planning Commission Role
A. Purpose. The text of this title may be amended by changing the district regulations or
any other provision of this title and the zoning map may be amended by changing the
boundaries of any district in accord with the procedures described in this title. Council
action is required prior to the approval of a text or map amendment, but the Commission
plays a key role.
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B. Initiation of a zoning amendment.
1. For a zoning text amendment, the Council may initiate proceedings by motion
and then submit the matter to the Commission for public hearings. The Council
process is provided in Section 25.78.040 (Amendments—Zoning Ordinance)
2. For a zoning map amendment the property owner, or an authorized agent, may
file an application. If the property for which a change of district is proposed
involves more than one owner, all the owners or their authorized agents shall join
in the filing of the application. A change in the boundaries of any district may
additionally be initiated by resolution of the Commission or the Council.
C. Public hearing. The Commission shall hold at least one public hearing on each
proposal for text or map amendment as provided in Section 25.60.060 (Public Hearing
and Public Notice).
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Chapter 25.78 — Decisions by the City Council
Sections in This Chapter
25.78.010 Purpose 78-1
25.78.020 Hillside Development Plan 78-1
25.78.030 Amendments—Zoning Ordinance 78-3
25.78.040 Amendments—Zoning Map 78-3
25.78.050 Prezoning for Annexed Areas 78-4
25.78.060 Development Agreements 78-5
25.78.070 General Plan Updates 78-6
25.78.010 Purpose
The purpose of this chapter is to establish permits and entitlements that are decided by the City
Council (Council). Each permit and entitlement type is described in this chapter in terms of
purpose and applicability, unique review process, findings for approval, and conditions. General
processing procedures are established in Chapter 25.60 (Procedures).
25.78.020 Hillside Development Plan
A. Purpose and applicability. The purpose of a hillside development plan is to provide for
the review of projects within the hillside planned residential district to ensure that the
design of projects is consistent with the hillside conditions on each development site.
Within the hillside planned residential district, no building permit shall be issued for any
new building or structure unless a hillside development plan covering the area has been
approved.
B. Hillside development plans. In addition to application forms and materials required by
the Director, the following additional application information is required within the hillside
planned residential district.
1. Accurate topographic maps indicating the following:
i. Natural topographic features with an overlay of the proposed contours of
the land after completion of the proposed grading.
ii. Slope analysis with at least 5-foot contour intervals and a slope analysis
showing the following slope categories:
a. 10% — 15%
b. 16% — 20%
c. 21% —25%
d. 26% —30%
e. 31% — 35%
f. 36% and over
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iii. Elevations of existing topographic features and the elevations of any
proposed building pads, street centerlines, and property corners.
iv. Locations and dimensions of all proposed cut and fill operations.
v. Locations and details of existing and proposed drainage patterns,
structures, and retaining walls.
vi. Locations of disposal sites for excess or excavated material.
vii. Locations of existing trees and other significant vegetation and biological
features.
viii. Locations of all significant geological features, including bluffs, ridgelines,
cliffs, canyons, rock outcroppings, fault lines, and waterfalls.
ix. Locations and sizes of proposed building areas and lot patterns.
2. Reports and surveys with recommendations from foundation engineers or
geologists based upon surface and subsurface exploration stating land
capabilities, including soil types, soil openings, hydrologic groups, slopes, runoff
potential, percolation data, soil depth, erosion potential, and natural drainage
patterns.
3. Archeological studies in areas where existing evidence seems to indicate that
significant artifacts of historic sites are likely to be encountered in order to ensure
that these artifacts and/or sites are not inadvertently destroyed.
C. Procedure for hillside development plan application.
1. Application. The owner, authorized agent, or the purchaser with the consent of
the owner may submit an application for development plan approval to the
Department.
2. The ARC shall hold a public hearing on such application and consider a
recommendation to the Commission.
3. The Commission shall hold a public hearing and make a recommendation to
Council to approve the development plan if it finds the criteria set forth in this
chapter have been satisfied subject to such conditions as it deems necessary.
The Commission may deny the application if it finds the criteria are not being
satisfied or that such application would be detrimental to the public peace, health,
safety, or welfare. The decision of the Commission to deny the development plan
shall be final unless appealed to the Council.
D. Public hearing and appeal. Public hearing and appeal procedure shall be governed by
Chapter 25.60 (Procedures).
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25.78.030 Amendments—Zoning Ordinance
A. Purpose. The text of this title may be amended by changing the district regulations or
any other provision of this title in accord with the procedure described in this section.
B. Initiation. The Council may initiate proceedings by motion and then submit the matter to
the Commission for public hearings.
C. Action by the Council. The Council shall hold at least one public hearing on the
proposal within 40 days after receipt of the report of the Commission. The hearing shall
be set and notice given as prescribed in Section 25.60.060 (Public Hearing and Public
Notice).
D. New proposal following denial. Following the denial for an amendment to the zoning
ordinance text, a request for the same or substantially the same change shall not be filed
within one year of the date of denial.
25.78.040 Amendments—Zoning Map
A. Procedure. The zoning map may be amended by changing the boundaries of any
district in accord with the procedures described in this chapter.
B. Initiation. A change in the boundaries of any district may be initiated by the owner, or
the authorized agent of the owner of the property, by filing an application for a change in
district boundaries. If the property for which a change of district is proposed with more
than one owner, all the owners or their authorized agents shall be part of the application.
A change in the boundaries of any district may additionally be initiated by resolution of
the Commission or the Council.
C. Application—submittal requirements. A property owner desiring to propose a change
in the boundaries of the district in which his property is located, or his 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.
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D. Action by the Council.
1. The Council shall hold at least one public hearing on an application within 40
days after the receipt of the resolution or report by the Commission, provided that
no hearing shall be held on an application which has been denied by the
Commission unless an appeal is filed. The hearing shall be set and notice given
as prescribed in Section 25.60.060 (Public Hearing and Public Notice).
2. If the Council finds that the change is not consistent, it shall deny the application
pursuant to a resolution of denial.
E. New application following denial. Following the denial of an application for a change
in district boundaries, an application or request for the same or substantially the same
change shall not be filed within one year of the date of denial.
F. Change of zoning map. A change in district boundaries shall be indicated by listing on
the zoning map the number of the ordinance amending the map.
25.78.050 Prezoning for Annexed Areas
A. District designation. Territory annexed to the City shall, upon the date that the
annexation becomes effective, become a part of the study district, unless the Council
determines otherwise by ordinance. The districting shall be temporary and the
Commission shall recommend to the Council within a period of not to exceed one year a
final zoning plan for the annexed territory.
B. Prezoning unincorporated territory. Unincorporated territory may be prezoned by the
City for the purpose of determining the zoning that will apply to such territory in the event
of subsequent annexation to the City.
C. Procedure. Consideration of the zoning classification, conditional use, or variances to
be applicable to the property to be annexed shall be in accordance with the procedure
provided in the case of property already in the City.
D. Property classification. The prezoning designation as approved shall be shown on the
zoning map with a UA ("unannexed") prefix attached to the designation to indicate upon
annexation—for example, PR-10 (UA). Once the annexation is completed, the UA
additive shall be removed.
E. Annexation schedule. Any prezoned classification may be subject to a specific
timetable for annexation of all or part of the property to the City. The City reserves the
right to review annually whether the prezoned property is being annexed to the City in
conformity with the timetable and the Council may, and expressly reserves the right and
power, to revoke the prezoned classification solely upon the ground that annexation has
not taken place according to the timetable.
F. Notification of the board of supervisors. In addition to any other public notice
required, the City shall, as a part of any rezoning request, notify the board of supervisors
of the county of the proposed application of the prezoning process.
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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.
F. Rules, regulations, and official policies. Unless otherwise provided by the
development agreement, rules, regulations and official policies governing uses of the
land, density, design, improvement and construction standards and specifications,
applicable to development of the property subject to the agreement, shall be those rules,
regulations, and official policies in force at the time of the execution of the agreement. A
development agreement shall not prevent the City from subsequent actions applicable to
the property from applying new rules which do not conflict with those contained within
the agreement, nor shall a development agreement prevent the City from denying or
conditionally approving any subsequent development application on the basis of such
existing or new rules, regulations, and policies.
G. Periodic review. The Director, or his or her designee, shall review a development
agreement every year, at which time the applicant or his 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
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applicant has not complied in good faith with terms or conditions of the agreement, it
shall recommend to the Council that the agreement be modified or terminated. If the
Council concurs with the Director recommendation, the agreement shall be modified or
terminated. Proceedings before the Council shall be a noticed public hearing per Section
25.60.060 (Public Hearing and Public Notice).
H. Amendment or cancellation. A development agreement may be amended or canceled
in whole or in part by mutual consent of the parties to the agreement or their successors.
I. Recording of agreement. No later than 10 days after the City enters into a
development agreement, the City clerk shall record with the County recorder a copy of
the agreement, which shall describe the land subject thereto. From and after the time of
such recordation, the agreement shall impart such notice thereof to all persons as is
afforded by the recording laws of this state. The burdens of the agreement shall be
binding upon, and the benefits of the agreement shall inure to, all successors in interest
to the parties to the agreement.
J. Modification or suspension to comply with state or federal laws or regulations. In
the event that state or federal laws or regulations, enacted after a development
agreement has been entered into, prevent or preclude compliance with one or more
provisions of the development agreement, such provisions of the agreement shall be
modified or suspended as may be necessary to comply with such state or federal laws or
regulations.
K. Reversion of zoning in the event of noncompliance with terms and conditions. In
the event the terms and conditions are not met by the developer, the zoning shall revert
to the zoning which existed prior to the development.
25.78.070 General Plan Updates
A. Purpose. The purpose of a General Plan amendment is to allow for modifications to the
General Plan text (e.g., goals, policies, or implementation programs) or to change the
General Plan land use designation on any parcel(s). This section is intended to guide
updates to the General Plan according to applicable state governmental code provisions.
B. Council action.
1. The designated approving authority for General Plan amendments is the Council,
which shall hold a public hearing prior to taking action.
2. Public hearing and corresponding notice shall be consistent with provisions of
Section 25.60.060 (Public Hearing and Public Notice).
3. The Council approves by resolution or denies the General Plan amendment in
accordance with the requirements of this title.
C. Frequency of amendment. Pursuant to California Government Code Section 65358, no
mandatory element of the General Plan may be amended more frequently than four
times during any calendar year. Subject to that limitation, an amendment may be made
at any time and may include more than one change to the General Plan.
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D. Initiation of amendment. A General Plan amendment may be initiated by the
Commission or the Council, by application of property owner(s) of parcel(s) to be
affected by the General Plan amendment, or by recommendation of the Director to
clarify text, address changes mandated by state law, maintain internal General Plan
consistency, address boundary adjustments affecting land use designation(s), or for any
other reason beneficial to the City.
E. Findings. The Council may approve a General Plan amendment upon finding that the
amendment is in the public interest and that the General Plan as amended will remain
internally consistent. In the event that a General Plan amendment is requested by a
private property owner, the applicant shall demonstrate to the Council that there is a
substantial public benefit to be derived from such amendment and how the proposed
amendment furthers the goals of the General Plan.
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Chapter 25.99 Definitions.
Sections in this chapter
25.99.010 Purpose 1
25.99.020 Land Use Definitions 1
25.99.010 Purpose
The purpose of this chapter is to provide definitions that will assist with the interpretation of the
zoning ordinance and provide descriptions for each of the land use categories used in this title.
25.99.020 Land Use Definitions
For the purposes of this title, certain words, phrases, and terms used in this title shall have the
meanings assigned to them by this chapter.
Abandoned sign. A sign that is advertising a use that has ceased; is located upon a structure
that has been abandoned by its owner; does not identify or advertise a current bona fide
business, lessor, service, owner, or product available upon the site; or that identifies or
advertises an event or activity that has occurred.
Abut. Two adjoining parcels of property with a common property line, including two or more lots
adjoining only at a corner, except where such common property line is located in a public street
right-of-way.
Access or accessway. The place, means, or way by which pedestrians and vehicles shall have
safe, adequate, and usable ingress and egress to a property or use as required by this title.
Accessory building. A subordinate building located on a building site, the use of which is
customarily related to that of a main building or to the use of the land.
Addition. An extension or increase in floor area or height of a building or structure.
Adult entertainment. Any sexually oriented business, including an adult bookstore or video
store, cabaret, adult motion picture theater, sexual device shop, or semi-nude model studio.
Advertising device. Any balloon, flag, pennant, propeller; oscillating, rotating, pulsating light; or
other contrivance except a sign used to attract attention for the purpose of promoting (either
directly or indirectly), the sale of products of any person.
Advertising display. Any device, contrivance, statue, or structure other than a sign used as a
display, regardless of size and shape, for the purposes of attracting attention or making
anything known, the origin or place of sale of which is on the property with the advertising
display.
Air contaminant. Particulate matter, dust, fumes, gas, mist, smoke, vapor, or any combination
thereof having or tending to have a deleterious effect on human beings, vegetation, animals or
property.
Alley. An access roadway or drive that provides service access to the rear or sides of a parcel.
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Alteration. Any work on a structure that does not result in any addition to the structure.
Ambient noise level. General noise level one finds in a certain area at a given time.
Amendment. A change in the wording, context, or substance of this title, or an addition or
deletion or a change in the zone boundaries or classifications upon the zoning map, which
imposes any regulation not theretofore imposed, or removes or modifies any such regulation
theretofore imposed.
Amusement arcade. Any business having five or more mechanical or electronic games. See
also mechanical or electronic game.
Amusement facility, indoors. An establishment providing indoor amusement and
entertainment services for a fee or admission charge, including dance halls and ballrooms, and
electronic game arcades, as primary uses. Five or more mechanical or electronic games in any
establishment are considered an amusement arcade as described above.
Amusement facility, outdoors. An establishment providing outdoor amusement and
entertainment services for a fee or admission charge.
Ancillary commercial. Commercial operations or sales incidental or subservient to the primary
use. For instance, a coffee kiosk within an office building would be considered ancillary to the
use.
Animal clinic. A place where animals no larger than the largest breed of dogs are given
medical or surgical treatment; a facility primarily for treatment of outpatients and where for only
a short time, critical patients are kept longer than 24 hours. Boarding of animals shall be
incidental to such clinic use.
Apartment. A habitable room or suite of two or more habitable rooms with a single kitchen, in a
multiple dwelling, occupied or suitable for occupancy as a residence for one family and shall be
considered a dwelling unit.
Apiary. A place where bees and their hives are kept for their honey.
Architectural projections. Projections from a building which are necessary for the shading of a
building or features such as sills, cornices, and chimneys. Such projections may extend into
required yards only as allowed by the provisions of this title.
Art gallery. An establishment where works of art are exhibited and/or sold.
Art studio. A workplace for the teaching or practice of an art.
Automotive sales and rentals. A retail establishment for the display, sales, or rental of new or
used automobiles, trucks, vans, motorcycles, mobile homes, recreation vehicles, and/or boats.
Automotive service station. A retail place of business engaged primarily in the sale of motor
fuels and supplying only those incidental goods and services which are required in the day-to-
day operation of automotive vehicles and the fulfilling of motorist needs.
Awning sign. A sign painted on, printed on, or attached to the surface of an awning.
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Back-lit awning. An internally illuminated, fixed, space-frame structure with translucent,
flexible, fabric reinforced covering designed in awning form and with graphics or copy applied to
the visible surface of the awning.
Balcony. An unroofed or roofed platform enclosed by a railing or parapet projecting from the
wall of a building for the private use of occupant or for exterior access to the above-grade living
units. When a balcony is roofed and enclosed with operating windows, it is considered part of
the room it serves.
Figure 25.99-1 Balcony
When a Balcony is Roofed and Enclosed
with Operating Windows,it is Considered
Part of the Room that it Serves.
000
Bar or lounge. Any use where the on-site sale and consumption of alcoholic beverages equals
or exceeds 50 percent of gross sales of food and beverages from that location.
Basement. That portion of a building between floor and ceiling which is partly or wholly
underground. A basement shall be counted as a story for purposes of height measurement
where more than one-half of its height is above the average level of the adjoining ground.
Bed and breakfast. Residential structures with one family in permanent residence with up to
five bedrooms rented for overnight lodging, where meals may be provided subject to applicable
health department regulations. A bed and breakfast inn with more than five guest rooms is
considered a hotel or motel and is included under each definition of Hotels and Motels.
Botanical conservatory. A room having glass roof and walls, typically attached to a house on
only one side, used to grow plants.
Building. A structure having a roof supported by columns or walls.
Building frontage. That building elevation that fronts on a public street, alley, driveway, parking
area, pedestrian plaza, courtyard, or arcade.
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Building height. Vertical distance from the average elevation of the finished grade to the
highest point on the structure directly above; provided that a roof shall be measured to the
highest point of the roof.
Building line. A line in the interior of a lot parallel to the property line and located at a distance
equal to setback distance.
Building, main. A building or buildings within which is conducted the principal use permitted on
the lot, as provided by this title.
Building site. A legally created parcel or contiguous parcels of land in single ownership, which
provides the area and open spaces required by this title, exclusive of all vehicular and
pedestrian rights-of-way and all other easements that prohibit the surface use of the property by
the owner thereof.
Building site coverage. The percentage of the building site covered by structures, open or
enclosed, excluding courts, patios, terraces, swimming pools, and post-supported roofs over
walkways.
Building site, through. A building site having frontage on two parallel or approximately parallel
streets.
Business. Management, operation, sale, purchase, or other transaction involving the handling
or disposition of commodities or services.
Business sign. A sign displaying information pertaining to goods or services offered or
produced by the business located on the property, but not including advertising devices or
advertising displays.
Business support services. Establishments primarily within buildings, providing other
businesses with services such as maintenance, repair and service, testing, rental, etc. Support
services include but are not limited to:
A. Equipment repair services (except vehicle repair; see Vehicle services)
B. Commercial art and design (production)
C. Computer-related services (rental, repair)
D. Copying, quick printing, and blueprinting services (other than those defined as Printing
and publishing)
E. Equipment rental businesses within buildings (rental yards are storage yards)
F. Film processing laboratories
G. Heavy equipment repair services where repair occurs on the client site
H. Janitorial services
I. Mail advertising services (reproduction and shipping)
99-41r'age Chapter 25 . 99 Definitions
ORDINANCE NO. 1259
J. Mailbox services
K. Outdoor advertising services
L. Photocopying and photofinishing
Cabinet sign. A sign that has one or more plastic, acrylic or similar material faces (panels)
attached to a metal frame (cabinet). These signs may or may not be internally illuminated.
Caretaker housing. A residence that is accessory to a site with a nonresidential primary use
and that is needed for security, 24-hour care, or supervision, or monitoring of facilities,
equipment, or other conditions on the site.
Carport. A roofed structure or a portion of a building, enclosed on two or more sides, primarily
for the parking of automobiles belonging to the occupants of the property.
Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including
crematories, columbariums, and mausoleums. Also see Mortuary.
Certificate of occupancy. A required document issued by the building and safety division prior
to the occupation or use of vacant land or prior to occupation or use of buildings erected or
structurally altered.
Club, private. An association of persons for some common purpose but not including groups
organized primarily to render a service which is customarily carried on as a business.
Cluster development. An arrangement of dwelling units, attached or detached, which provides
a number of dwelling units sufficient to meet density requirements, constructed on smaller lots in
return for the restriction or dedication of the remaining acreage as permanent open space.
Commercial. Operated or carried on primarily for financial gain. Commercial complex means
two or more businesses shown on a common development plan, plot plan, or precise plan of
design functioning as a unit, with common off-street parking provided on the property as an
integral part of the unit.
Commercial communication tower. A tower greater than 35 feet in height (including antenna)
which supports commercial communication (transmission or receiving) equipment. The term
commercial communication tower shall not include amateur radio operators' equipment, as
licensed by the Federal Communications Commission (FCC) or home satellite/television
antennas.
Commercial mascot. Humans or animals used as advertising devices, typically by the holding
or wearing of insignia, masks, or costumes associated with or advertising the commercial
establishment. Includes sign twirlers, sign clowns, etc.
Commission or planning commission. The City planning commission.
Community collector. A medium-speed highway abutting similar land uses. The primary
function is to collect and distribute trips within a hierarchy of roads and, secondarily, to carry
short trips between adjacent neighborhoods. A community collector has emergency parking only
and has a significant amount of parallel and perpendicular pedestrian traffic.
99-51 .°=age Chapter 25 . 99 Definitions
ORDINANCE NO. 1259
Community facility. A noncommercial use established primarily for the benefit and service of
the population of the community in which it is located.
Conditional use. A use which requires a special degree of control because of characteristics
peculiar to it, or because of size, technological processes of type of equipment, or because of
the exact location with reference to surroundings, streets and existing improvements or
demands upon public facilities.
Condominium. A state of realty consisting of separate interests in residential buildings together
with undivided interests common in other portions of the same property unit as a separate
interest, and common areas are entire condominium except units granted; thus, owners of
condominiums are grantees of units. Each grantee owns a separate interest in his or her 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.
Condominium conversion project. A project for which a valid map and conditional use permit
application have been submitted to the City after the adoption of the ordinance codified in this
chapter to divide one or more parcels of real property into condominiums/condominium hotels
and the creation of separate ownership of the units therein with a separate interest in the space
within all structures thereon. This shall not apply to those conversion projects for which a valid
map was approved by the City prior to adoption of said ordinance.
Condominium hotel or "condotel." Any condominium hotel that is intended for transient use
and is subject to Chapter 3.28, Transient Occupancy Tax. A condominium hotel is a commercial
use and can only be located within a commercial zone or multifamily residential zone with
approval of a conditional use permit. A condominium hotel is not considered a residential
property and may not be used as a permanent place of residence.
Construction sign. A temporary sign stating the names of those individuals or firms directly
connected with the construction or development project, their addresses and their telephone
numbers.
Convalescent home, nursing home, rest home, and home for the aged. Each is a facility
licensed by the state Department of Public Health, the state Department of Social Welfare, or
the county, which provides bed and ambulatory care for patients with post-operative
convalescent, chronically ill, or dietary problems, and persons unable to care for themselves;
but not including alcoholics, drug addicts, or persons with mental or contagious diseases or
afflictions.
Convention and visitors bureau. An establishment primarily engaged in marketing and
promoting communities and facilities to businesses and leisure travelers through a range of
activities, such as assisting organizations in locating meeting and convention sites; providing
travel information on area attractions, lodging accommodations, restaurants; providing maps;
and organizing group tours of local historical, recreational, and cultural attractions.
Conventional development. A development, other than a condominium, apartment, or cluster
development, with each dwelling unit situated on a residential lot of record and no lot containing
more than one dwelling unit.
99-6l Chapter 25 . 99 Definitions
ORDINANCE NO. 1259
Country club. A club organized and operated primarily for social and outdoor recreation
purposes, including incidental accessory uses and structures.
Crematory. Land used for the cremation of the dead.
Crops and horticulture, limited. Raising and harvesting of plants, tree crops, row crops, or
field crops on an agricultural or commercial basis, including packing and processing as part of
an established residential use. Includes horticulture establishments engaged in the cultivation of
flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail
sales. This classification includes accessory agricultural buildings accessory to such uses and
roadside stands for display/sale of agricultural products grown on the premises. Excludes uses
for which other garden, nursery, or landscape merchandise are stored and sold on the site.
Day care facilities. Facilities that provide care and supervision of minor children for periods of
less than 24 hours. These facilities include the following, all of which are required to be licensed
by the state Department of Social Services:
A. Day care center. A commercial or nonprofit child or adult day care facility not operated
as a small or large family day care home. Includes infant centers, preschools, extended
day care facilities, and facilities for adults who require supervision and care because of
advanced age, mental or physical deterioration, dementia, Alzheimer's disease, or
similar disabling condition. These may be operated as part of a business, school, or
religious facility, or as an independent land use.
B. Day care, large family. A day care facility located in a single-family residence where an
occupant of the residence provides care and supervision for 9 to 14 children. Children
under the age of 10 years who reside in the home count as children served by the day
care facility.
C. Day care, small family. A day care facility located in a single-family residence where an
occupant of the residence provides care and supervision for eight or fewer children.
Children under the age of 10 years who reside in the home count as children served by
the day care facility.
Density, gross. The total number of dwelling units permitted on an acre of land exclusive of all
existing public streets and right-of-way, but including all streets or right-of-way to be developed.
Density, net. The same as density except proposed streets and rights-of-way shall be
excluded.
Disabled person. Persons as defined in United States Code, Title 42, Section 423 and shall
also include handicapped persons, as defined in the California Health and Safety Code Section
50072.
Driveway. A vehicular passageway for the exclusive use of the occupants of a property and
their guests. A driveway shall not be considered as a street.
Drugstore. An establishment engaged in the retail sale of prescription drugs, nonprescription
111 medicines, cosmetics, and related supplies, including tobacco stores.
Dwelling, duplex. An attached permanent building containing two dwelling units.
99-71Page Chapter 25 . 99 Definitions
ORDINANCE NO. 1259
Dwelling group. One or more buildings, not more than two stories in height, containing dwelling
units and arranged around two or three sides of a court which opens onto a street, including
single-family, duplex, and multiple-family dwellings.
Figure 25.99-2 Example of a Dwelling Group
-- ------------
,, ,V I /
i ..i i-- ,/i �,,
J
Dwelling, guest. Living quarters within an accessory building which occupies not more than
one-tenth of the area of the lot on which it is situated, for use exclusively by temporary,
nonpaying guests of the resident family, such quarters having no kitchen.
Figure 25.99-3 Guest Dwelling
Z------.„.._AOIPr
40 / ,,
7 ,/
/C //
' /
Dwelling, multiple-family. A permanent building containing three or more dwelling units.
99-81 Chapter 25 . 99 Definitions
ORDINANCE NO. 1259
Figure 25.99-4 Multi-family Dwelling
I --
1- -_ ----------
1 .
*4 1
, \ ,)-' 7 - - -- -
`1 , /
Dwelling, second unit. A dwelling unit, attached or detached, that provides complete
independent living facilities for one or more persons on a parcel zoned for residential uses. It
shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the single-family dwelling is situated.
Dwelling, single-family. A permanent building containing one dwelling unit.
I
99-91 Chapter 25 . 99 Definitions
ORDINANCE NO. 1259
Figure 25.99-5 Single Family Dwelling
Dwelling unit. One or more rooms and a single kitchen, designed for occupancy by one family
for living and sleeping purposes.
Easement. A recorded right or interest in the land of another, which entitles the holder thereof
to some use, privilege, or benefit out of or over the land.
Electric substation. A moderate- to large-scale facility serving a subarea, entire City, or region,
including power substations, water transmission lines, wireless base stations, sewer collectors
and pump stations, switching stations, gas transmission lines, water storage tanks and
reservoirs, and similar structures.
Eligible tenant. A tenant who has had a valid lease or rental agreement in a unit that is
proposed to be converted in connection with a condominium conversion project or for a
minimum of 36 months prior to the first tenant notification prior to filing the application for a
condominium conversion project pursuant to Section 66427.1(b) of the Subdivision Map Act. In
the event that occupancy of the unit was first permitted more recently than 36 months prior to
the first tenant notification, then eligible tenant means a tenant who has had a valid lease or
rental agreement since a date within 30 days of the date on which occupancy was first
permitted.
99-101Page Chapter 25 . 99 Definitions
ORDINANCE NO. 1259
Emergency shelter. A facility that provides immediate short-term housing and supplemental
services for the homeless. Supplemental services may include food, counseling, and access to
other programs.
Externally lighted sign. A sign whose immediate source of illumination is not enclosed by the
surface of the sign structure.
Face or wall of a building. The outer surface of any main exterior wall or foundation of a
building, including windows and store fronts.
Family. Any group of individuals living together as the functional equivalent of a family where
the residents may share living expenses, chores, eat meals together and are a close group with
social, economic and psychological commitments to each other. A family includes, for example,
the residents of residential care facilities and group homes for people with disabilities. A family
does not include larger institutional group living situations such as dormitories, fraternities,
sororities, monasteries or nunneries.
Farmworker housing. A property which consists of a tract of land and all vehicles, mobile
homes, buildings or other structures pertaining thereto, any part of which may be used or
occupied by persons employed as migrant farmworkers including sleeping facilities, provided in
whole or in part by the employer of such persons, owner, lessee, or operator thereof, with or
without stipulated agreement as to the duration of their stay, whether or not they are supplied
with meals but who are supplied with such utility services as are necessary for their habitation of
such property.
Fence. A freestanding structure of metal, masonry, composition, or wood or any combination
thereof resting on or partially buried in the ground level, and used for confinement, privacy,
protection, screening or partition purposes.
Financial institution. An establishment such as a bank or trust company, credit agency,
holding (but not primarily operating) company, lending and thrift institution, or investment
company. Also includes automated teller machines (ATM).
Fire station. A building housing firefighting apparatus and firefighters.
Floor area, gross. The total horizontal area, in square feet, including the exterior walls of all
floors of a structure.
Floor area ratio. The numerical value obtained by dividing the gross floor area of a building or
buildings located upon a lot or parcel of land by the total area of such lot or parcel of land.
I
99-111Page Chapter 25 . 99 Definitions
ORDINANCE NO. 1259
Figure 25.99-6 Floor Area Ratio
The following are examples of how a building with a total floor area of 100,000 sf can be
configured on 50,000 sf lot to achieve a FAR of 2.0.
;�/
441,
100% Lot Coverage: 50% Lot Coverage: 25%Lot Coverage:
• 50,000 sf Floor Plate • 25,000 sf Floor Plate • 12,500 sf Floor Plate
• 2 Stories • 4 Stories • 8 Stories
Freestanding sign. A sign supported by upright pedestals or braces placed upon or into the
ground and detached from any building.
Freeway. A high-speed divided arterial highway for through traffic with full control access and
grade separations at major intersections. A freeway has emergency parking only and no parallel
and perpendicular pedestrian movements.
Freeway signage. Any building sign that is visible and has frontage along the Interstate 10.
Garage, private. A building, or a portion of a building, enclosed and used primarily for the
parking of automobiles belonging to the occupants of the property.
Garage, public. A building other than a private garage used for the maintenance or temporary
storage of motor vehicles.
Garden, private. A predominately landscaped area adjacent to and accessible from a
residential unit for the sole use of the occupants of the residential unit.
General plan, the Palm Desert general plan. The general plan of the City.
Grade, ground elevation. The average elevation of the finished ground surface surrounding a
building.
Grazing. The act of pasturing livestock on growing grass or other growing herbage, or on dead
grass or other dead herbage existing in the place where grown, as the principal sustenance of
the livestock so grazed.
99-121Page Chapter 25. 99 Definitions
ORDINANCE NO. 1259
Greenhouse, commercial. A facility for the indoor propagation of plants for commercial sale.
Greenhouse, private. A private facility for the indoor propagation of plants.
Grocery store. A self-serve retail market selling foods and household merchandise.
Gross area. The horizontal area within the lot lines of a lot or parcel of land, before public
streets, easements, or other areas to be dedicated or reserved for public use are deducted from
such lot or parcel.
Group home. Any facility used to provide nonmedical residential care, day treatment, adult day
care, or foster family agency services. Typically used to assist abused or neglected children,
people who are physically disabled, or the mentally impaired.
Habitable room. Any room for sleeping or living purposes excluding such enclosed places as
closets, bath, or toilet rooms, connecting corridors, unfinished attics, foyers, storage spaces,
utility rooms, spaces used exclusively for cooking or eating, and similar spaces.
Health club. Fitness centers, gymnasiums, health, and athletic clubs including indoor sauna,
spa, or hot tub facilities; and indoor tennis, handball, racquetball, and other indoor sports
activities.
Height of a sign. The greatest vertical distance measured from the ground level directly
beneath the sign to the top of the sign.
111 Helicopter. A form of aircraft in the broad category of rotorcraft which depends for its support
and motion in the air principally on lift generated by one or more power-driven rotors that rotate
on a substantially vertical axis, or any steep gradient aircraft.
Heliport. An area of land or water or a structural surface which is used, or intended for use, for
the landing and take-off of helicopters whether on a regular or irregular basis, and any
appurtenant areas which are used, or intended for use, for heliport buildings and other heliport
facilities.
Helistop. An area on a roof of a building or other structure, or on the ground, used by
helicopters or steep gradient aircraft for the purpose of picking up or discharging passengers or
cargo.
Hillside areas. Those areas of land which are so designated in Chapter 25.78.020 (Hillside
Development Plan).
Hillside ridge, A ridgeline that is formed by the juncture of two or more sloping planes that
project outward from a mountain range and descend towards the valley floor more particularly
identified on the exhibit labeled Hillside Planned Residential Zone Ridges, on file in the office of
the City clerk.
Home-based business. An occupation conducted as an accessory use within a dwelling unit.
Horticulture, private. The private cultivation of ornamental plants, native plants, fruits,
vegetables, and flowers in gardens and landscapes. This use type does not include retail sales
on premises.
99-131 ' age Chapter 25 . 99 Definitions
ORDINANCE NO. 1259
Hotel. Any building or portion thereof with access provided through a common entrance, lobby,
or hallway to six or more guestrooms, and which rooms are designed, intended to be used or
are used, rented, or hired out as temporary or overnight accommodations for guests.
Identification sign. A sign limited to the identifying name, symbol, or insignia, or any
combination thereof, of a building, use, or persons occupying the premises on which the sign is
located.
Improvements. Any manmade actions which add to the value or enhance the value of land,
e.g., streets, utilities, and buildings.
Industry. The manufacture, fabrication, processing, reduction, or destruction of any article,
substance, or commodity, or any other treatment thereof in such a manner as to change the
form, character, or appearance thereof, and includes storage elevators, truck storage yards,
warehouses, wholesale storage, and other similar types of enterprise.
Institution, educational. Private or public schools, colleges or universities qualified by the state
Board of Education to give general academic instruction.
Institution, general. Publicly or privately owned and operated activities, nonprofit
organizations, or philanthropic activities that cannot be considered residential, commercial, or
industrial uses.
Institution, religion. A church or other religious organization.
Intensity. The magnitude of activity affecting the development of densities, traffic flow,
commercialism, tourism, and land use.
Internally lighted sign. A sign with an immediate source of illumination that is completely
enclosed by the surface of the sign structure.
Junk. Any worn-out, cast-off, or discarded article or material.
Junk and salvage yard. Any property used for the breaking up, dismantling, sorting, storage,
distribution, or sale of any scrap, waste material, or junk.
Kennel. Any lot where four or more dogs or cats over the age of four months are kept or
maintained.
Kitchen. Any room in a building or dwelling unit which is used for cooking and preparation of
food.
Landscaping. The planting of suitable plant materials or a combination of plant materials with
minimum areas of paving, gravel, or otherwise dust-free materials including an adequate
irrigation system.
Laundry. A building where clothing and fabrics are washed, other than a launderette, and is
defined in this title as an industrial use.
Library. A place in which literary, musical, artistic, or reference materials (as books,
manuscripts, recordings, or films) are kept for use but not for sale.
99-141Page Chapter 25 . 99 Definitions
ORDINANCE NO. 1259
Light industrial and research and development. A laboratory facility that is primarily used for
non-office scientific research. This use can include the design, development, and testing of
biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of
product manufacturing. This use does not involve the fabrication, mass manufacture, or
processing of the products.
Line of sight. A visual path emanating from an average eye level adjudged to be five feet
above the ground level.
Liquor, beverage and food items shop. A retail establishment that sells a variety of alcoholic
and nonalcoholic beverages and food items.
Liquor store. A retail establishment that primarily sells a variety of alcoholic beverages for off-
premise consumption.
Livestock raising, noncommercial. The raising and keeping of livestock, poultry, or insects for
any noncommercial purposes.
Loading space. An off-street space or berth on the same lot with a main building, or contiguous
to a group of buildings, for the temporary parking of a group of commercial vehicles, while
loading or unloading, and which has access from a street, alley, or other permanent means of
ingress or egress.
Local street. A low-speed, low-volume highway primarily for access to residential, business,
and other abutting property. A local street has parking and a significant amount of parallel and
perpendicular pedestrian traffic.
Lot. Any numbered or lettered parcel shown on a recorded tract map, a record of survey
recorded pursuant to an approved division of land, or a parcel map.
99-151Page Chapter 25. 99 Definitions
ORDINANCE NO. 1259
Figure 25.99-7 Standard Lot Configuration
Rear Lot Line
2 I
Carport ,---,.7
Alley
Building Height / �� " ;,/
- O �� _ ___ _., Accessory
Lot Depth `�'-!,i 1 ® of
Building
„cz .7„,s,Ittl 10
y,
Afr
Z. fir' Main Building
/ ,'
Interior , /
Lot Line I '
/ Side lot Line
/
\ /
Building Line /
Setback Distance
Front Lot Line ;? Setback Area
Lot, corner. A lot located at the intersection or interception of two or more streets at an angle of
not more than 135 degrees, which lot shall be considered a corner lot. If greater than one 135
degrees, the lot shall be considered an exterior lot.
Lot depth. The average horizontal distance between the front and rear lot lines measured in the
mean direction of the side lot lines.
Lot, flag. A lot so shaped and designed that the main building site area is set back from the
street on which it fronts and includes an access strip not less than 20 feet in width at any point
connecting the main building site area to the frontage street.
Lot, interior. A lot other than a corner or reverse corner lot.
Lot, key. The first lot to the rear of a reverse corner lot and not separated by an alley.
I
99-161 Chapter 25 . 99 Definitions
ORDINANCE NO. 1259
Figure 25.99-8 Lot Types
II
Interior Lot
Interior Lot Corner Lot
Corner Lot Interior Lot --
Flag Lot Through
Lot
Interior Lot Corner Lot
Reverse Corner Lot Interior
Lot
i i f
-
I
Lot line. Any line bounding a lot. Property line means the same as lot line.
Lot line, front. On an interior lot, the front lot line is the property line abutting the street. On a
corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except
in those cases where the subdivision or parcel map specified another line as the front lot line.
On a through lot or a lot with three or more sides abutting a street or a corner or reverse corner
lot with lot lines of equal length, the zoning administrator shall determine which property line
shall be the front lot line for the purposes of compliance with yard and setback provisions of this
title. On a private street or easement, the front lot line shall be designed as the edge of the
easement.
Lot line, interior. A lot line not abutting a street.
Lot line, rear. A lot line not abutting a street which is opposite and most distant from the front
lot line; in the case of an irregularly shaped lot, a line within the lot, having a length of not less
than 10 feet. A lot which is bounded on all sides by streets may have no rear lot lines.
Lot line, side. Any lot line not a front lot line or rear lot line.
Lot, reverse corner. A corner lot, the side line of which is substantially a continuation of the
front lot lines of the lot to its rear, whether across an alley or not.
Lot, through. A lot having frontage on two dedicated parallel or approximately parallel streets.
99-171 Chapter 25 . 99 Definitions
ORDINANCE NO. 1259
Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot
depth at a point midway between the front and rear lot lines.
Low income. Income does not exceed 80 percent of the then-current area median household
income of the County of Riverside adjusted for family size by the state Department of Housing
and Community Development in accordance with adjustment factors adopted and amended
from time to time by the US Department of Housing and Urban Development pursuant to
Section 8 of the United States Housing Act of 1937.
Maintenance facility. A facility used for providing maintenance and repair services for vehicles
and operational equipment.
Maintenance yard. An area of land devoted to maintenance and repair services for vehicles
and operational equipment. Outdoor storage and repair activities may have noise and visual
impacts on the surrounding areas.
Manufactured home park. Any area or tract of land where one or more manufactured home
lots are sold, rented, or leased or held out for rent or lease to accommodate manufactured
homes used for human habitation, and includes mobile home accommodation structures. The
rental paid for any such manufactured home is deemed to include rental for the lot it occupies.
Manufactured housing. A structure that meets the following criteria:
1. Transportable in one or more sections.
2. When in the traveling mode, is 8 body feet or more in width, or 40 body feet or more in
length, or, when erected on site, is 320 or more square feet.
3. Built on a permanent chassis.
4. Designed to be used as a residential dwelling.
5. Erected with or without a permanent foundation when connected to the required utilities.
6. Includes the plumbing, heating, air conditioning, and electrical systems contained
therein.
This term shall include any structure which meets all the requirements of this definition except
the size requirements so long as the manufacturer voluntarily files a certification and complies
with the standards established under this definition. Manufactured home includes a mobile
home subject to the National Manufactured Housing Construction and Safety Act of 1974 (42
USC Section 5401 et seq.). See also mobile home.
Marquee. A roofed structure or awning or canopy attached to and supported by the building and
extended over a building line and into public property.
99-181 Chapter 25 . 99 Definitions
ORDINANCE NO. 1259
Figure 25.99-9 Marquee
•
n. s
Master plan of arterial highways. The master plan of the City designating adopted and
proposed routes for all arterial highways within the City.
Master plan of drainage. An engineering report outlining the drainage facilities needed for the
proper development of a specific increment of the City, and duly adopted by the Council.
Mechanical or electronic game. Any machine, apparatus, contrivance, appliance, or device
which may be operated or played upon the placing or depositing therein of any coin, check,
slug, ball, or any other article or device, or by paying therefore either in advance of or after use,
involving in its use either skill or chance, including but not limited to tape machine, card
machine, pinball machine, bowling game machine, shuffle board machine, marble game
machine, horseracing machine, baseball game machine, football game machine, electronic
video game, or any other similar machine or device.
Medical, clinic. An organization of doctors providing physical or mental health service and
medical or surgical care of the sick or injured but does not include inpatient or overnight
accommodations. May also include laboratories that are ancillary to the primary use.
Medical, hospital. Hospitals and similar facilities engaged primarily in providing diagnostic
services and extensive medical treatment, including surgical and other hospital services. These
establishments have an organized medical staff, inpatient beds, and equipment and facilities to
provide complete healthcare. May include on-site accessory clinics and laboratories, accessory
retail uses, and emergency heliports.
99-191 Chapter 25 . 99 Definitions
ORDINANCE NO. 1259
Medical, laboratory. An establishment primarily engaged in providing professional analytic or
diagnostic services to the medical profession, or to the patient on direction of a physician; or an
establishment primarily engaged in making dentures, artificial teeth, and orthodontic appliances
to order for the dental profession.
Medical marijuana dispensary, as set forth in the Compassionate Use Act, or dispensary.
Any facility or location where medical marijuana is publicly made available to and/or distributed
by or to one or more of the following: a primary caregiver, a qualified patient, or a person with an
identification card, in strict accordance with California Health and Safety Code Section 11362.5
et seq.
Medical, offices. A health facility in an office environment providing health services including
without limitation preventative and rehabilitation treatment, diagnostic services, testing and
analysis. This use includes offices providing medical, dental, surgical, rehabilitation, podiatric,
optometric, chiropractic, and psychiatric services, and medical or dental laboratories incidental
to these offices, but excluding inpatient services and overnight accommodation.
Medical, research facility. A laboratory facility that is primarily used for medical scientific
research.
Mobile home. A structure designed and equipped for human habitation, and for being drawn by
a motor vehicle, to be used with or without a foundation system. Mobile home does not include
a recreational vehicle, commercial coach, or factory-built housing.
Moderate income. Income does not exceed 120 percent of the then-current median household
income of the County of Riverside adjusted for family size by the State Department of Housing
and Community Development in accordance with adjustment factors adopted and amended
from time to time by the US Department of Housing and Urban Development pursuant to
Section 8 of the United States Housing Act of 1937.
Mortuary. Facilities providing funeral preparation and funeral services including embalming,
memorial services, and cremation.
Motel. Shall be referred to in this title as hotel, inn, motor inn, or lodge and means a building or
group of buildings containing guest rooms or dwelling units designed, intended, or used
primarily for the accommodation of transient automobile travelers; including but not limited to
buildings or building groups designated as auto cabins, motor courts, or motor hotels.
Motor vehicle. A self-propelled device used or intended to be used for the transportation of
freight or passengers upon a street or highway, excepting a device moved by human power or a
device used exclusively upon stationary rails or tracks.
Nameplate. A sign not exceeding 1 foot by 3 feet signifying only the name of the occupant and
his or her occupation or specialty.
Net area. The total horizontal area within the property lines of a lot or parcel of land exclusive of
all rights-of-way and all easements that physically prohibit the surface use of a portion of the
property.
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Nightclub. A place of business open after 10 p.m. which provides for the on-site consumption
of food or alcoholic beverages with entertainment which includes, but is not limited to, music,
dancing, comedy, and karaoke.
Noncommercial. An enterprise or activity which is not normally conducted for profit or gain.
Nonconforming structure. A lawfully established building or structure that does not conform to
the regulations of this title or is designed for a use that does not conform to the regulations of
this title for the district in which it is located, either on December 11, 1975, or as the result of
subsequent amendments to this title.
Nonconforming use. The lawfully established use of a building, structure, or land that does not
conform to the use regulations of this title for the district in which it is located, either on
December 11, 1975, or as the result of subsequent amendments to this title.
Nursery. An establishment providing for the cultivation and sale of ornamental trees, shrubs,
and plants, including the sale of garden and landscape materials (packaged and/or bulk sale of
unpackaged materials) and equipment.
Office, accessory. An office that is incidental and accessory to another business or sales
activity which is the primary use (part of the same tenant space or integrated development). The
qualification criteria for this definition is that the floor area of the accessory office use shall not
exceed 50 percent of the total net habitable or leasable floor area of the tenant space for a
single-use development or the combined floor area of an integrated development for a mixed-
use project.
Office, local government. An administrative, clerical, or public contact office of a government
agency, including postal facilities, together with the incidental storage and maintenance of
vehicles.
Office, professional. Offices of administrative businesses providing direct services to
consumers (e.g., insurance companies, utility companies), government agency and service
facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys,
employment, public relations), and offices engaged in the production of intellectual property
(e.g., advertising, architectural, computer programming, photography studios). This use does
not include medical offices (see Medical, offices), financial institutions (see Financial institution),
temporary offices, or offices that are incidental and accessory to another business or sales
activity that is the primary use (see Office, accessory). Outdoor storage of materials is
prohibited.
Office, travel agency. A business that accommodates travelers, as by securing tickets,
arranging for reservations and giving information.
Open space, developed. Open space substantially free of structures but possibly containing
improvements which are part of a development plan or are appropriate for the residents of any
residential development.
Open space, natural. Any parcel of land or water which is essentially unimproved and devoted
to an open space use.
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Orchard. An area of land devoted to the cultivation of fruit or nut trees.
Organizational documents. The declaration of restrictions, articles of incorporation, bylaws, 111
and any contracts for the maintenance, management, or operation of all or any part of a
condominium conversion project.
Outdoor advertising structure or sign. A sign placed for the purpose of advertising products
or services that are not produced, stored, or sold on the property upon which the sign is located.
Outdoor sales. Permanent outdoor sales and rental establishments including equipment and
other uses where the business is not conducted entirely within a structure.
Parcel. The same definition as lot.
Parking lot, commercial. A designated outdoor area used for parking motor vehicles that
serves commercial establishments.
Parking lot, office. A designated outdoor area used for parking motor vehicles that serves
office developments.
Parking stall. The space within a building or a private or public parking area, exclusive of
driveways, ramps, columns, office, and working areas, for the parking of one automobile, not
less than 20 feet in length and not less than 9 feet in width.
Park, public. Parks, play lots, playgrounds, and nonprofessional/noncommercial athletic fields,
including park and playground equipment, accessory structures, and facilities.
Parkway. A relatively low-speed arterial highway abutting and distributing trips to a variety of
land uses. This facility primarily serves short-range trips. A parkway has emergency parking
only and will have considerable parallel and perpendicular pedestrian movement.
Pathway. An access way to accommodate pedestrians, bicycles, and electric carts.
Pedestrian-way. A right-of-way for pedestrians, free from vehicular traffic and including access
ramps, stairs, and mechanical lifts and routes through buildings which are available for public
use.
Personal services. Establishments providing nonmedical services as a primary use, including
but not limited to barber and beauty shops, clothing rental, dry cleaning pick-up stores with
limited equipment, home electronics and small appliance repair, laundromats (self-service
laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of
products related to the services provided, spas and hot tubs for rent, and tanning salons.
Pest control facility. A business establishment specializing in the elimination of vermin,
insects, etc., from a building, especially by the controlled application of toxic chemicals.
Planned development. A development of parcels of land as a coordinated project which has
been developed according to an approved development plan. Adequate control of the
development is provided in order to maintain aesthetic values and to protect the investment of
developers as well as the community as a whole. Planned developments may be residential,
commercial, or industrial in nature or a combination of any two or more.
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Planned street line. The planned right-of-way for a major or secondary highway or traffic
collector street. A yard abutting such a highway or street shall be measured from this planned
right-of-way line.
Planned unit development, industrial. A development of industrial parcels of land as a
coordinated project which has been developed according to an approved development plan.
Adequate control of the development is provided in order to maintain aesthetic values and to
protect the investment of developers as well as the community as a whole.
Planned unit development, residential. A development of residential parcels of land as a
coordinated project which has been developed according to an approved development plan.
Adequate control of the development is provided in order to maintain aesthetic values and to
protect the investment of developers as well as the community as a whole.
Political sign. Any sign concerning candidates for political office or involving a ballot issue.
Pool. Any structure for swimming, bathing, or wading or as a fish pond or similar use.
Price sign. A sign limited to the name or identification of items or products offered for sale on
the premises, and the price of the items or products.
Private. Belonging to or restricted for the use or enjoyment of particular persons.
Projecting sign. A sign other than a wall sign suspended from or supported by a building or
structure and projecting outward there from.
Public safety area. A strip of land adequate in width adjacent to and parallel with a street right-
of-way.
Public service facility. A broad land use category of governmental and quasi-governmental
building or complexes that provide public services, such as municipal buildings, fire stations,
police stations, public information centers, and similar facilities.
Public way. Any street, alley, pedestrian way, pathway, channel, viaduct, subway, bridge,
easement, right-of-way, or other way in which the public has a right of use.
Real estate sign. A temporary sign advertising the sale, lease, exchange, or rent of the
property upon which it is located, and the identification of the person or firm handling the sale,
lease, or rent.
Real estate tract sales office. A temporary use of a building for the sole purpose of selling
tract residences within a particular subdivision or series of subdivisions.
Recording studio. A facility for sound recording and mixing.
Recreational vehicle. A travel trailer, pickup camper, or motorized home, with or without motive
power, designed for human habitation for recreational or emergency occupancy.
Recreation facility, commercial. Any use or development either public or private, providing
amusement, pleasure, or sport, which is operated or carried on primarily for financial gain.
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Recreation facility, incidental. Any use or development either public or private providing
amusement, pleasure, or sport which is subservient to a primary land use (e.g., pool as part of
an apartment complex). These facilities are generally permitted by right if the facilities are
customarily part of the primary use.
Recreation facility, private. Any private use or development providing amusement, pleasure,
or sport, which is not carried on primarily for financial gain.
Recreation facility, public. Any public development either public or private, providing
amusement, pleasure, or sport.
Restaurant. Any use providing for the preparation, retail sale, and on-site consumption of food
and beverages. Restaurants include but are not limited to cafes, coffee shops, sandwich shops,
ice cream parlors, fast food take-out and drive-through stores, and places of business with
similar uses. The term restaurant may include the licensed sale of alcoholic beverages for
consumption on the premises, provided that the sales of food and nonalcoholic beverages
equals or exceeds 51 percent of gross sales of food and beverages. Businesses where the
sales of food and nonalcoholic beverages do not exceed 51 percent of gross sales of food and
beverages shall be deemed a bar or lounge.
Retail. The selling of goods, wares, or merchandise directly to the ultimate consumer.
Retail, bulky items. The selling of large-sized merchandise.
Riding and hiking trail. A trail or way designed for and used by equestrians, pedestrians, and
cyclists using non-motorized bicycles.
Right-of-way. An area or strip of land, either public or private, on which a right of passage has
been recorded.
Roof deck— prohibited. A roof deck is any configuration of the uppermost roof of a building, or
the main roof of a building, which allows regular access by the building's users, tenants, or
visitors for any purpose, is prohibited.
Roof sign. A sign affixed on, above, or over the roof of any building, or any sign affixed to the
wall of a building so that it projects above the eave line of a roof. The lowest point of a mansard
style roof shall be considered the eave line.
Salvage. Any article or material which is to be or intended to be reclaimed or saved from
destruction.
Scenic highway. Any highway designated a scenic highway by an agency of the City, county,
state, or federal government. (Ord. 93 § 1, 1975, Exhibit A § 25.2-19
Senior citizen. Any person who is 62 years of age or older.
Service. An act, or any result of useful labor, which does not, in itself, produce a tangible
commodity.
Setback area. The area between the building line and the property line, or when abutting a
street, the ultimate right-of-way line.
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Setback distance. The distance between the building line and the property line, or when
abutting a street, the ultimate right-of-way line.
Shopping center. An integrated development of retail and service commercial activities on one
lot of land sharing common parking facilities and serving a wide spectrum of community
shopping needs.
Sidewalk. That portion of a thoroughfare, other than a roadway, set apart by curbs, barriers,
markings, or other delineations for pedestrian travel.
Sign. Any device used for visual communications or attraction, including any identification
announcement, declaration, demonstration, display, illustration, insignia, or symbol used to
advertise or promote the interest of any person; together with all parts, materials, frame and
background.
Sign and advertising device do not include the following for purposes of this title:
1. Official notices issued by any court or public body or officer.
2. Notices posted by any public officer in performance of a public duty or by any person in
giving any legal notice.
3. Directional, warning, or information signs or structures required by or authorized by law
or by federal, state, or county authority.
4. The flag of the state or of the United States or any official flag of any other state or
country.
Sign face. The surface or that portion of a sign that is visible from a single point as a flat
surface or a plane and considered together with the frame and the background.
Single-room occupancy (SRO). A residential property that includes multiple single room
dwelling units. Each unit is for occupancy by a single eligible individual. The unit need not, but
may, contain food preparation or sanitary facilities, or both.
Spa. Any premises, place of business, or membership club providing facilities devoted
especially to health, beauty, and relaxation that deal with the cosmetic, therapeutic, and/or
holistic treatments, where people visit for professionally administered personal care treatments.
Special category tenants. Those eligible tenants who also qualify as disabled, senior citizen,
low-income, or very low-income individuals as defined under California law.
Specific plan. A definite statement adopted by ordinance of policies, standards, and
regulations, together with a map or description defining the location where such policies,
standards, and regulations are applicable pursuant to the requirements of the Government
Code of the state.
Sports Courts. As described in Section 25.40.070, a sports court is considered a walled or
fenced area for playing one of various games with a ball such as racquet ball, hand ball,
basketball, badminton and other similar outdoor activities.
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Stable, boarding. The keeping and training of horses which are not owned by the occupant or
owner of the property. Boarding of horses includes the giving of private lessons (one trainer/one
student), but does not include group lessons, group clinics, shows or similar related activities.
Stable, private. A building or a portion of a building used to shelter and feed equines which are
used exclusively by the occupants of the property on which the stable is situated.
Story. That portion of a building included between the upper surface of any floor and the upper
surface of the floor next above, except that the topmost story shall be that portion of a building
included between the upper surface of the topmost floor and the ceiling or roof above.
Street or highway. A public or private vehicular right-of-way other than an alley.
Street centerline. The centerline of a street right-of-way as established by official survey.
Street opening. A curb break, or a means, place, or way provided for the purpose of gaining
vehicular access between a street and abutting property.
Structural alterations. Any change in the supporting members of a building or structure.
Structure. Anything constructed or erected requiring a fixed location on the ground or attached
to something having a fixed location on the ground except business signs and other
improvements of a minor character.
Subdivision Map Act. Those provisions set forth in Government Code Section 66410 et seq.,
as amended or superseded.
Swimming pool. An artificial body of water having a depth in excess of 18 inches, designed,
constructed, and used for swimming, dipping, or immersion purposes by men, women, or
children.
Theater, auditorium. Indoor facilities for public assembly and group entertainment, other than
sporting events (e.g., civic theaters, facilities for live theater and concerts, exhibition and
convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters,
concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events.
Time-share project. One wherein a purchaser receives the right in perpetuity, for life, or for a
term of years to the recurrent, exclusive use, or occupancy of a lot, parcel, unit, room(s), or
segment of real property, annually or on some other seasonal or periodic basis, for a period of
time that has been or will be allotted from the use or occupancy periods into which the project
has been divided and includes but is not limited to time-share estate, interval ownership,
vacation license, vacation lease, club membership, time-share use, and hotel/condominium. A
time-share project is subject to a single conditional use permit for time-sharing purposes and a
plan of time-sharing set forth in covenants, conditions, and restrictions encumbering such real
property, and all real property which is subject to the single conditional use permit and which
shall be subsequently annexed under such plan.
Townhouse development. A cluster development consisting of attached two-story dwelling
units.
99-26IPage Chapter 25 . 99 Definitions
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Figure 25.99-10 Townhouse Development
ti ,�J�i 40,1w.y
li
Vitit 1
Transitional and supportive housing. A shelter provided to the homeless for an extended
period, often as long as 18 months and generally integrated with other social services and
counseling programs to assist in the transition to self-sufficiency through the acquisition of a
stable income and permanent housing.
Ultimate right-of-way. The right-of-way showed as ultimate on an adopted precise plan of
highway alignment; or the street rights-of-way shown within the boundary of a recorded tract
map, a recorded parcel map, or a recorded development plan. The latest adopted or recorded
document in the cases mentioned in this section shall take precedence. If none of these exist,
the ultimate right-of-way shall be considered the right-of-way required by the highway
classification as shown on the master plan of arterial highways. In all other instances, the
ultimate right-of-way shall be considered to be the existing right-of-way.
Unit. The particular area of land or airspace that is designed, intended, or used for exclusive
possession or control of individual owners or occupiers.
Use. The purpose, for which land or a building is occupied, arranged, designed, or intended, or
for which either land or building is or may be occupied or maintained.
Use, accessory. A use customarily incidental and accessory to the principal use of the land or
building site, or to a building or other structure located on the same building site as the principal
use.
Use, principal. The main purpose, for which land or a building is occupied, arranged, designed
or intended, or for which either land or building is or may be occupied or maintained.
Use, temporary. A use which is required for the proper function of the community or temporarily
required in the process of establishing a permitted use, or construction of a public facility. Such
use shall be permitted only after the issuance of a temporary use permit as established by the
provisions of this title.
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Utility facility. Buildings, substations, equipment, and other operations that serve more than
one property and are related to the provisions of public utility services such as electricity, natural
gas, and other utilities. This category includes the following:
• Fixed-base structures and facilities serving as junction points for transferring utility services
from one transmission voltage to another or to local distribution and service voltages. These
uses include any of the following facilities that are not exempted from land use permit
requirements by Government Code Section 53091: electrical substations and switching
stations, natural gas regulating and distribution facilities, public water system wells,
treatment plants and storage, telephone switching facilities, wastewater treatment plants,
settling ponds, and disposal fields. These uses do not include office or customer service
centers or equipment and material storage yards.
• Pipelines for potable water, reclaimed water, natural gas, and sewage collection and
disposal, and facilities for the transmission of electrical energy for sale, including
transmission lines for a public utility company. Also includes telephone, telegraph, cable
television, and other communications transmission facilities utilizing direct physical conduits.
Utility installation. The equipment and utility infrastructure that is required for an individual
development.
Vacancy rate. The number of vacant apartment dwelling units being offered for rent or lease in
the City of Palm Desert shown as a percentage of the total number of apartment dwelling units
offered for or under rental or lease agreement in the City. The vacancy rate shall be established
by a public or private service that monitors apartment vacancies within the City.
Valet parking. Whenever a parking attendant is utilized to park cars in an assigned area that is
not available to the general public.
Vehicle, commercial. A vehicle which when operated upon a highway is required to be
registered as a commercial vehicle by the state Vehicle Code, and which is used or maintained
for the transportation of persons for hire, compensation or profit or designed, and used primarily
for the transportation of property.
Vehicle service and storage facility. A facility to repair and/or store vehicles. It includes the
repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats,
including the sale, installation, and servicing of related equipment and parts. These uses include
auto repair shops, body and fender shops, wheel and brake shops, oil change shops, auto glass
sales and installation, stereo and alarm sales and installation, and tire sales and installation, but
exclude vehicle dismantling or salvage and tire retreading or recapping. In addition, this use
includes the storage of operative or inoperative vehicles. These uses include storage of parking
towaways, impound yards, and storage lots for buses and recreational vehicles, but do not
include vehicle dismantling.
Vehicle sign. Any sign that is attached to or painted on a vehicle or trailer that is parked on or
adjacent to any property, the principal purpose of which is to direct people to a business, or
attract attention to a product sold or business located on the same property or nearby. On
street-legal vehicles, the following signs or insignia are not considered to be vehicle signs, and
are not regulated as vehicle signs:
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1. Messages on a vehicle where the primary purpose of which is to be used in the regular
course of business to transport the personnel or products, or to provide the services (not
including general advertising) that are advertised on the vehicle.
2. Commercial messages that do not exceed a total of 3 square feet in size.
3. Commercial messages on mass transit vehicles that pass through the City.
Vehicular accessway. A private, nonexclusive vehicular easement affording access to abutting
properties.
Very low income. Income that does not exceed 50 percent of the then-current area median
household income of the County of Riverside adjusted for family size by the state Department of
Housing and Community Development in accordance with adjustment factors adopted and
amended from time to time by the US Department of Housing and Urban Development pursuant
to Section 8 of the United States Housing Act of 1937.19.64.020.
Wall sign. A sign attached to or erected on the exterior wall of the building or structure or on a
canopy marquee or similar overhang with the exposed face of the sign in a plane approximately
parallel to the plane of the exterior wall and not extending above the eave line. The lowest part
of a mansard-style roof shall be considered the eave line.
Warehouse or storage facility. A facility for the storage of farm products, furniture, household
goods, or other commercial goods of any nature.
Wholesale. A business establishment engaged in selling to retailers or jobbers, rather than
consumers.
Window sign. A sign posted, painted, placed, or affixed in or on a window exposed to public
view. An interior sign that faces a window exposed to public view that is located within 5 feet of
the window is considered a window sign for the purpose of calculating the total area of all
window signs.
Wing wall. An architectural feature in excess of 6 feet in height which is a continuation of a
building wall projecting beyond the exterior walls of a building.
Yard. Any open space on the same lot with a building or dwelling group, which space is
between the setback lines and the lot lines of the parcel or the planned street line and is
unoccupied and unobstructed except for the projections permitted by this title.
Zone. A zoning district, as defined in the state Conservation and Planning Act, shown on the
zoning map to which uniform regulations apply.
Zoning map. The official zoning map of the City which is a part of this title.
Zoning ordinance, this ordinance. The comprehensive zoning ordinance of the City.
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