HomeMy WebLinkAboutRes No 2871PLANNING COMMISSION RESOLUTION NO. 2871
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA RECOMMENDING APPROVAL OF A ZONING
ORDINANCE AMENDMENT TO AMEND SECTIONS 25.16.030, 25.18.040,
25.28.070, 25.34.120, 25.68.020, AND 25.99.020 OF PALM DESERT
MUNICIPAL CODE TITLE 25 AND MAKING A FINDING THAT THE ACTION
IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NO. ZOA 24-0002
WHEREAS, Government Code Section 65800 et seq. provides for the amendment
of any and all adopted City of Palm Desert (“City”) zoning laws, ordinances, rules and
regulations; and
WHEREAS, the Zoning Ordinance Amendment (ZOA) is initiated by the Palm
Desert Director of Community Development and modifies sections of the Palm Desert
Municipal Code (PDMC) Title 25 (Zoning) to correct typos, to change and update land
uses and definitions; and
WHEREAS, the City has complied with the requirements of the Local Planning and
Zoning Law (Government Code section 65100 et seq.), and the City’s applicable
ordinances and resolutions with respect to approval of amendments to Title 25 of the
Palm Desert Municipal Code (“Zoning Ordinance”); and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367
of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of
Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the
Project; and
WHEREAS, the Project has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the
Director of Development Services has determined that the Project will not have a
foreseeable significant impact on the environment and that the Project is eligible for an
exemption under Section 15061(b)(3) General Rule of the CEQA Guidelines; therefore,
no further environmental review is necessary at this time; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on June 4, 2024, hold a duly noticed public hearing to consider the request by the City of
Palm Desert for approval of Zoning Ordinance Amendment (“ZOA”) 24-0002; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, the Planning
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PLANNING COMMISSION RESOLUTION NO. 2871
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Commission did find the following facts and reasons, which are outlined in the staff report,
to exist to justify approval of said request:
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby
finds that:
A. The City of Palm Desert, California (“City”) is a municipal corporation, duly
organized under the constitution and laws of the State of California; and
1. The Planning and Zoning Law authorizes cities to establish by ordinance the
regulations for land use and development.
SECTION 2. Amendment. The Planning Commission of the City of Palm Desert
recommends that the City Council of the City of Palm Desert, California, approve and adopt
the PDMC amendments to Title 25 as shown in “Exhibit A”, which is attached hereto and
incorporated herewith.
SECTION 3. CEQA. The Planning Commission does recommend that the City Council
finds that adoption of this ordinance is not a “project,” as defined in the California
Environmental Quality Act (CEQA) because it does not have a potential for resulting in either
a direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment and concerns general policy and procedures.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be
unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this ordinance or any
part thereof. The Planning Commission hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective
of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses,
or phrases be declared unconstitutional, invalid, or ineffective.
SECTION 5. Project Recommendation. The Planning Commission hereby
recommends to the Palm Desert City Council approval of Case No. ZOA24-0002 as depicted
in Exhibit A, attached hereto; and
SECTION 6. Execution of Resolution. The Chairperson of the Planning Commission
signs this Resolution, and the Secretary to the Commission shall attest and certify the
passage and adoption thereof.
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ADOPTED ON June 4, 2024.
JOSEPH PRADETTO
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert Planning
Commission, hereby certify that Resolution No. 2871 is a full, true, and correct copy, and was
duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on
June 4, 2024, by the following vote:
AYES: DELUNA, GREENWOOD, HOLT, PRADETTO
NOES: NONE
ABSENT: GREGORY
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on July _3_, 2024.
RICHARD D. CANNONE, AICP
SECRETARY
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“EXHIBIT A”
ZONING ORDINANCE AMENDMENT
SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 25.16.030 is hereby amended as follows:
25.16.030 Allowed Land Uses and Permit Requirements
Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses
and corresponding permit requirements for commercial and industrial districts and all
other provisions of this title. Descriptions/definitions of the land uses can be found in
Chapter 25.99 (Definitions). The “Special Use Provisions” column in the table identifies
the specific chapter or section where additional regulations for the specific use type are
located within this title.
Use regulations in the table are shown with representative symbols by use classification
listing: “P” symbolizes uses permitted by right, “A” symbolizes uses that require approval
of an administrative use permit, “C” symbolizes uses that require approval of a conditional
use permit, and “N” symbolizes uses that are not permitted. Uses that are not listed are
not permitted. However, the Commission may make a use determination as outlined in
Section 25.72.020 (Use Determinations).
Table 25.16-1: Use Matrix for Commercial and Industrial Districts
Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit; C=Conditional Use
Permit; N=Not Permitted)
OP PC-1 PC-2 PC-3 PC-4 SI Special Use
Provisions
Residential Uses
Caretaker housing N N N N N P 25.16.040.A
Condominium C C C N C C 25.16.040.B /
25.42
Dwelling, duplex C C C C C C 25.16.040.B
Dwelling, multifamily C C C C C C 25.16.040.B /
25.42
Dwelling, single-family C C C N C C 25.16.040.B
Group home C C N N C C 25.16.040.B /
25.42
Single-room occupancies N N N N N C
Homeless shelter N N N N N P
Recreation, Resource Preservation, Open Space, and Public Assembly Uses
Amusement facility, indoors N N C C C N
Amusement facility, outdoors N N N C C N
Community facility N N N N N P
Day care center N A A A A N
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Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit; C=Conditional Use
Permit; N=Not Permitted)
OP PC-1 PC-2 PC-3 PC-4 SI Special Use
Provisions
Emergency shelters N P N N N P
Entertainment facility, indoor N N N P P N
Entertainment facility, outdoor N N N P P N
Institution, educational C C C N N C
Institution, general C N C N N C
Institution, religious C N C N N C
Open space (developed or natural) N P P N P N
Recreation facility, commercial N N P P P N
Recreation facility, private N N N P P N
Theater/auditorium N N P P N N
Utility, Transportation, Public Facility, and Communication Uses
Commercial communication tower C C C C C C 25.16.040.C
Commercial parking lot C N N N N N
Public utility installation N N N N N P
Public facility (utility or service) N N N N N P
Utility facility N N C N N P
Retail, Service, and Office Uses
Accessory massage establishment P N P P P N 25.34.160
Adult entertainment N N N N N C 25.16.040.D
Ancillary commercial A P P P N A 25.16.040.E
Art gallery A P P P P C
Art studio A P P P P C
Bed and breakfast N A A A A N
Business support services N N N N P P
Cannabis Storefront retail N C C C C N 25.34.120
Cannabis testing and research laboratory C N N N N C 25.34.120
Convention and visitors bureau N N P N P N
Drugstore N P P P N N
Financial institution C P P P N N
Grocery store N P P P N N 25.16.040.F
Health club, gyms or studios N A P P P A
Hotel N A A A P N 25.34.070
Independent stand-alone massage N N P P N N 25.34.160
Liquor store N P P P N N
Liquor, beverage and food items shop N P P P P N
Medical, clinic P N P P N N
Medical, office P P P P N N
Medical, hospital N N N N N C
Medical, laboratory P N N N N P
Medical office, accessory N N N N N P 25.16.040.G
Medical, research facility P P N N N C
Mortuary N N N N N P
Office, professional P N P P P P
Office, local government P N N N N P
Office, travel agency P P P P P N
Outdoor sales N N A A A A
Personal services N P P P P N
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Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit; C=Conditional Use
Permit; N=Not Permitted)
OP PC-1 PC-2 PC-3 PC-4 SI Special Use
Provisions
Restaurant A A A A P A 25.16.040.E / H
Retail N P P P P N
Retail, bulky items N N N P P N
Spa N N P P P N
Time-share project N N N C C N
Veterinary clinics/animal hospitals A N A A N A
Pet boarding N A A A N A
Automobile and Vehicle Uses
Automotive rental agency N N N N P P
Automotive gasoline station N N C C N C 25.34.090
Automotive service facility N N C C N P 25.34.090
Automotive sales new and used
(outdoor/indoor) N N N N N C
(outdoor) A
(indoor)
Automotive sales new and used (indoor) N N N N N A
Automotive sales new and used (outdoor) N N N N N C
Automotive sales of accessory parts and
supplies N N N P P N
Vehicle storage facility N N N N N P 25.16.040.I
Industrial, Manufacturing, and Processing
Uses
Cannabis cultivation N N N N N C 25.34.120
Cannabis delivery N N N N N C 25.34.120
Cannabis distribution N N N N N C 25.34.120
Cannabis manufacturing N N N N N C 25.34.120
Cannabis Microbusiness N N N N N C 25.34.120
Industrial planned unit development N N N N N P
Light industrial and research and
development N N N N N P
Maintenance facility N N N N N P
Pest control facility N N N N N P
Preparation of foodstuffs N N N N N P
Production of home and office decor
accessories N N N N N P
Warehouse or storage facility N N N N N P
Temporary Uses See Section 25.34.080
1 The establishment may be permitted with an administrative use permit but may be
elevated to a conditional use permit at the discretion of the ZA based on: parking, traffic,
or other impacts.
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SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.18.040 is hereby amended as follows:
25.18.040 Land Use and Permit Requirements
Table 25.18-1 (Use Matrix for Downtown Districts) identifies allowed uses and
corresponding permit requirements for the downtown districts and all other provisions of
this title. Descriptions/definitions of the land uses can be found in
Chapter 25.99 (Definitions). The special use provisions column in the table identifies the
specific chapter or section where additional regulations for that use type are located within
this title.
Uses that are not listed are not permitted. However, the Commission may make a use
determination as outlined in Section 25.72.020 (Use Determinations).
TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS
P = use permitted by right
A = use requires administrative use permit
C = use requires approval of conditional use permit
N = use not permitted
Land Use Zone Special Use
Provisions D D-O DE DE-O
Residential Uses
Accessory dwelling unit P P P P 25.34.030
Assisted Living N N N C
Condominium C 1 C 1 C C 25.16.040.B
Dwelling, duplex C 1 C 1 C P 25.16.040.B
Dwelling, multifamily C 1 C 1 C P 25.16.040.B
Dwelling, single-family C 1 C 1 C N 25.16.040.B
Group home C 1 C 1 C N 25.16.040.B
Junior accessory dwelling unit P P P P 25.34.030
Home-based business P4 P4 P4 P4 25.34.020
Agriculture-Related Uses
Garden, private C 1 C 1 N P
Greenhouse, private N N C P
Horticulture, private N N C P
Recreation, Resources Preservation, Open Space, and Public Assembly Uses
Club, private N N N C
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Land Use Zone Special Use
Provisions D D-O DE DE-O
Day care center C 1 C 1 N N
Day care, large family N N N P 25.10.040.F
Day care, small family N N N P
Institution, educational N N C C
Institution, general N N C C
Institution, religious N N C C
Mechanical or electronic games, ≤ 4 P 1 P 1 P N
Mechanical or electronic games, ≥ 5 C 1, 2 C 1, 2 C N
Recreational facility, incidental N N N C 25.10.040.H
Recreation facility, private N N N P
Recreation facility, public N N N C
Retail, Service, and Office Uses
Accessory massage establishments P P P N 25.34.160
Ancillary commercial N N A N 25.16.040.E
Animal Clinic C1,6 C1,6 C1,6 N 25.34.210
Art gallery P P P A
Art studio P 1 P 1 A A
Book and card shops P P N N
Bed and breakfast N N C C
Cannabis Storefront retail C N C N 25.34.120
Cannabis testing and research laboratory C N N N 25.34.120
Clothing and apparel shops P P P N
Convention and visitors bureau P 1 P 1 C N
Drugstore P 1 P 1 N N
Financial institution P 1 P 1 C N
Furniture stores and home furnishings P P P N
Gift and accessories boutiques (including small
antiques) P P P N
Grocery store < 35,000 SF C 1 C 1 N N
Health club, gyms or studios C 1 ,
2
C 1 ,
2 C 2 N
Hotel C C C C
Independent stand-alone massage establishments P 1 P 1 C N 25.34.160
Jewelry shops P P P N
Liquor store P 1 P 1 N N
Liquor, beverage and food items shop P 1 P 1 N N
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Land Use Zone Special Use
Provisions D D-O DE DE-O
Luggage shops P P P N
Medical, clinic P 1 P 1 P N
Medical, office P 1 P 1 P A5
Medical, hospital P 1 P 1 C C
Medical, laboratory N N P N
Mortuary C 1 C 1 N N
Office, professional P 3 P 3 P P3 25.28.040.C
Office, local government P 1 P 1 P N
Office, neighborhood government N N N C
Office, travel agency P 3 P 3 P N 25.10.040.K
Outdoor sales A 1 A 1 A N
Personal services P P P N
Restaurant C 2 C 2 C 1 N 25.16.040.H
Retail P P P N
Retail, bulky items P 1 P 1 C N
Retail, Golf carts and neighborhood electric vehicles
(NEV) C N C N 25.34.190
Spa P P P C
Sundries shops (general merchandise) P P P N
Time-share project C 1 C 1 N N
Utility, Transportation, Public Facility, and
Communication Uses
Fire station C C C C
Commercial communication tower
C C C
Commercial parking lot P P C C 25.10.040.I
Office parking lot N N N C 25.10.040.L
Public service facility N N N C
Utility facility N N N C
Utility installation C C N N
Automobile and Vehicle Uses
Automotive rental agency P P C N
Automotive service station C C N N
Temporary Uses See Section 25.34.080
1 Uses prohibited along El Paseo facing ground floor frontages.
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2 The establishment may be permitted with an administrative use permit but may be
elevated to a conditional use permit at the discretion of the ZA based on parking, traffic,
or other impacts.
3 Office professional uses along El Paseo facing ground floor frontages within the El
Paseo Overlay District may be allowed subject to a Conditional Use Permit per
Section 25.28.040 El Paseo Overlay District.
4 Home Occupation Uses are permitted in residential dwelling units in approved
residential and mixed-use developments.
5. Medical Offices existing and operating with an appropriate City business license prior
to 2023 are permitted by right to continue operating without requiring an Administrative
Use Permit.
6. Use only permitted on properties with frontage along Highway 111.
SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code Section 25.28.070 is hereby amended as follows:
25.28.070 Freeway Commercial Overlay Zone
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 2 or more of the above uses.
6. Hotel.
7. Commercial recreation and amusement establishments.
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8. Personal storage.
9. Outdoor recreational vehicle and boat storage.
10. Automotive Sales New and Used (Outdoor). Automotive Sales New and Used
(Indoor) may be permitted by Administrative Use Permit in accordance with Chapter
25.64.
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. (Ord.
1324 § 7, 2017; Ord. 1303 § 5, 2016; Ord. 1302 § 4, 2016; Ord. 1259 § 1, 2013)
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SECTION 4: Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code Section 25.34.120 is hereby amended as follows:
25.34.120. Commercial Cannabis Business and Personal Cultivation
A. Purpose and intent. It is the purpose and intent of this section to regulate the
commercial cultivation, manufacturing, testing and research, distribution, delivery, retail
sale and personal cultivation, of medicinal cannabis and non-medicinal adult-use
cannabis within the City of Palm Desert. This section is prepared in accordance with the
Compassionate Use Act of 1996 ("CUA"), the Medical Marijuana Program Act ("MMP"),
and the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA")
(collectively, "state law"), which give local jurisdictions the authority to establish land use
regulations related to the personal and commercial uses of cannabis. Nothing in this
chapter shall be construed to: (1) permit persons to engage in conduct that endangers
others or causes a public nuisance; (2) permit the use or cultivation of cannabis beyond
the limits established in state law related to cannabis; or (3) permit any activity relating to
the cultivation, processing, sale, or distribution of cannabis that is illegal under state law,
generally. Nothing in this chapter shall be construed to prohibit primary caregivers and
qualified patients to lawfully act under state law.
B. Definitions. For the purpose of this chapter, the following definitions shall apply:
"Applicant" means an owner that applies for a conditional use permit under this chapter.
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude
or purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin.
"Cannabis" also means the separated resin, whether crude or purified, obtained from
cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from
the stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin
extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination. For the purpose of this division, "cannabis" does not mean
"industrial hemp" as defined by Section 11018.5 of the California Health and Safety
Code.
"Cannabis products" means cannabis that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not limited to,
concentrated cannabis, or an edible or topical product containing cannabis or
concentrated cannabis and other ingredients.
"City" means the City of Palm Desert.
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"Commercial cannabis business" means any business which engages in the medicinal or
adult-use commercial cannabis activity defined and authorized by this Chapter.
commercial operation associated, in whole or in part, with the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing and research,
packaging, labeling, transportation, delivery or sale of cannabis and cannabis products.
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of cannabis.
"Daycare center" means any child day care facility other than a family day care home,
and includes infant centers, preschools, extended day care facilities, and school-age child
care centers.
"Delivery" means the commercial transfer of cannabis or cannabis products to a
customer. "Delivery" also includes the use by a retailer of any technology platform owned
and controlled by the retailer.
"Distribution" means the procurement, sale, and transport of cannabis and cannabis
products between entities permitted or licensed by the City and/or State of California.
“Dried flower” means all dead cannabis that has been harvested, dried, cured, or
otherwise processed, excluding leaves and stems.
"Licensee" means the holder of any state issued license related to Commercial Cannabis
Businesses, including, but not limited to, licenses issued under Division 10 of the
California Business and Professions Code.
"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare
a cannabis product.
"Manufacturer" means a permittee that conducts the production, preparation,
propagation, or compounding of cannabis or cannabis products either directly or indirectly
or by extraction methods, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis at a fixed location that packages or
repackages cannabis or cannabis products or labels or relabels its container.
"Owner" means any of the following:
(1) a person with an aggregate ownership interest of 20 percent or more in the
person applying for the permit, unless such interest is solely a security, lien, or
encumbrance;
(2) the chief executive officer of a nonprofit or other entity;
(3) a member of the board of directors of a nonprofit; or
(4) an individual who will be participating in the direction, control, or management
of the person applying for the permit.
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“Non-Storefront retailer” is a business that is closed to the public and provides cannabis
or cannabis product to customers solely by means of a delivery service which the retailer
owns and controls.
"Permittee" means any person granted a conditional use permit under this chapter.
"Person" means any individual, firm, partnership, joint venture, association, corporation,
limited liability company, estate, trust, business trust, receiver, syndicate, or any other
group or combination acting as a unit, and the plural as well as the singular.
"Private residence" means a house, an apartment unit, mobile home, or other similar
dwelling unit.
“Microbusiness” means a business that engages in at least three (3) of the following
commercial cannabis activities:
1. Indoor cultivation of cannabis in an area less than 10,000 square feet on
the same licensed premises.
2. Distribution.
3. Manufacturing, limited to packaging and labeling of dried flower.
4. Non-storefront retailer (delivery only).
"Storefront Retail cannabis business" or "storefront retailer" or "Cannabis Storefront retail
” means a business that sells and/or delivers cannabis or cannabis products to customers.
Storefront retailers may also deliver cannabis or cannabis products to customers.
"Sell," sale," and "to sell" include any transaction whereby, for any consideration, title to
cannabis is transferred from one person to another, and includes the delivery of cannabis
or cannabis products pursuant to an order placed for the purchase of the same and
soliciting or receiving an order for the same, but does not include the return of cannabis
or cannabis products by a permittee or licensee to the permittee or licensee from whom
such cannabis or cannabis product was purchased.
"State license" means a state license issued under Division 10 of the California Business
and Professions Code.
"Testing or research laboratory" means a laboratory, facility, or entity in the City that offers
or performs tests or research of cannabis or cannabis products and meets the licensing
requirements found in MAUCRSA.
"Youth center" means any public or private facility that is primarily used to host
recreational or social activities for minors, including, but not limited to, private youth
membership organizations or clubs, social service teenage club facilities, video arcades,
or similar amusement park facilities.
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C. Conditional use permit required.
1. The City may authorize a total of six (6) conditional use permits for retail cannabis
businesses to operate in the City of Palm Desert. No more than one (1) retail
cannabis business may locate on El Paseo, which must be located east of
Larkspur Lane. If applications are submitted for a greater number of conditional
use permits than are permitted by this section, selection among the applicants shall
be made by a process, and subject to criteria, established by City Council
resolution. Conditional use permits for all other commercial cannabis businesses
shall be issued in accordance with the zoning and separation requirements
established in this section. Prior to initiating operations and as a continuing
requisite to operating a commercial cannabis business in the City, an applicant
must obtain and maintain a valid conditional use permit, regulatory permit as
required under Chapter 5.101, and a state license for each commercial cannabis
business use authorized under the conditional use permit. Unless otherwise stated
in this section, the provisions found in Section 25.72.050 Conditional Use Permit,
shall apply.
2. Building permits for improvements associated with a commercial cannabis
business may be issued once an applicant has obtained a conditional use permit
and regulatory permit; however, a certificate of occupancy to operate will not be
issued until said commercial cannabis business has obtained and provided proof
of a state license for each commercial cannabis business use authorized under
the conditional use permit.
3. Changes in state license type, business owner, or operation will require an
amendment to the approved conditional use permit.
4. A cannabis delivery service business with a physical address outside the City is
not required to obtain a conditional use permit under this chapter but is required to
obtain a City business license.
5. This section does not apply to cannabis possession or use, as allowed by state
law. Regulations regarding personal use can be found in Chapter 8.38.
D. Permitted locations and standards.
1. Commercial cannabis businesses may operate in the City's commercial,
industrial, office, and downtown zoning districts as identified in
Section 25.16.030 "Allowed Land Uses and Permits Requirements" and
Section 25.18.040 "Land Use and Permit Requirements" of the Palm Desert
Municipal Code, with the exception of the City's Downtown Core Overlay
District, upon issuance of a conditional use permit, regulatory permit, and state
license.
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a. Storefront Retailers are conditionally permitted in the Planned Commercial
("PC") -1 District, PC-2 District, PC-3 District, PC-4 District, and
Downtown (D) District. No more than six (6) conditional use permits will be
issued for retail cannabis businesses. No more than three (3) retail cannabis
businesses may locate on any single street, and no more than one (1) retail
cannabis business may locate on El Paseo, which must be located east of
Larkspur Lane.
b. Testing or research laboratories are conditionally permitted in the Office
Professional (OP) district and Service Industrial (SI) district.
c. Commercial cultivation businesses are conditionally permitted in the SI
district.
d. Delivery-only businesses are conditionally permitted in the SI district.
e. b. Distribution businesses are conditionally permitted in the SI district in
conjunction with a storefront retailer and the distribution activities shall be
limited to the physical location that both uses occupy.
f. Manufacture businesses are conditionally permitted in the SI district.
c. Microbusinesses are conditionally permitted in the SI district and shall be
limited to one (1) conditional use permit.
2. Commercial cannabis businesses shall conform to the following separation
requirements:
a. No conditional use permit shall be issued to a cannabis storefront retailer
that is located within 1,500 feet of another approved commercial cannabis
business. No more than three (3) cannabis retailers will be permitted to operate
on a single street.
b. A commercial cannabis business whose main business function is cannabis
cultivation, distribution, manufacturing, transportation, or delivery, and whose
location is limited to the City'swithin the Service Industrial zoning district only,
shall be separated by 1,500 feet from another approved commercial cannabis
business.
c. A commercial cannabis business whose main business function is to
operate as a testing or research laboratory is not subject to a separation
requirement from another approved commercial cannabis business and is
exempt from the 1,500 foot separation requirement listed in subsection
(D)(2)(a) and (b).
d. c. No conditional use permit will be issued for commercial cannabis business
located within 1,000 feet of a school providing instruction in kindergarten or
any grades 1 through 12, daycare center, or youth center that is in existence
at the time the license is issued.
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e. With the exception of commercial cannabis businesses whose business is
located within a mixed-use building or whose primary business function is as
a testing or research laboratory, no conditional use permits shall be issued for
commercial and industrial properties abutting public parks or private
residence.
f. d. All separation requirements will be measured from the outer extents of the
commercial cannabis businesses lease space to the outer extents of another
commercial cannabis businesses lease space, or to the property line of a
school, daycare center and youth center.
3. Conditional use permit submittal requirements. In addition to the requirements
listed in the conditional use permit, all commercial cannabis business
applicants shall submit the following information:
a. Exterior façade. Renderings of the business façade shall be provided
and reviewed as part of the conditional use permit. Building façade plans
shall include renderings of the exterior building elevations for all sides of
the building. All building façades shall be tastefully done and in keeping
with the high architectural quality and standards of the City of Palm
Desert. Because state law limits certain advertising, the business façade
and building signs shall be compatible and complimentary to surrounding
businesses and shall add visual quality to the area.
b. Energy and water assessments. Commercial cannabis
Microbusinesses shall supply energy and water assessments for review
as part of the conditional use permit process. These assessments shall
estimate the total amount of annual electrical and water use required to
operate the commercial cannabis business. Review of the assessment
may require the applicant to supplement electrical and water use at the
site to minimize adverse environmental impacts.
E. Grounds for permit denial, suspension, and revocation. Any conditional use permit
issued pursuant to the provisions of this section may be denied, suspended, or revoked
by the Planning Commission upon receiving satisfactory evidence that the applicant or
permittee or owner, its agent(s), employee(s), or any person connected or associated
with the applicant or permittee:
1. Has knowingly made false statements in the applicant's application or in any
reports or other supporting documents furnished by the applicant;
2. Has failed to maintain a valid state license;
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3. Has failed to comply with any applicable provision of the Palm Desert
Municipal Code, including, but not limited to, this chapter, the City's building,
zoning, and health and public safety regulations;
4. Has failed to comply with any condition imposed on the conditional use
permit; or
5. Has allowed the existence of or created a public nuisance in violation of the
Palm Desert Municipal Code.
6. No conditional use permit will be issued where commercial cannabis
businesses are prohibited by covenants, conditions, and restrictions (CC&Rs)
that clearly prohibit such use. For buildings located in any area governed by
CC&Rs, the applicant must additionally submit a statement certifying that any
applicable CC&Rs do not prohibit the use for which the applicant is seeking
approval.
F. Personal cultivation. City residents are permitted to cultivate cannabis on private
residential property for personal use and in accordance with MAUCRSA, subject to the
following standards:
1. Outdoor cultivation.
a. Cultivation for personal use is only permitted on private residential property
developed with at least one (1) residential dwelling unit. No more than six (6)
plants are permitted to be cultivated at a private residence. Property owners
retain the ability to prohibit renters from cultivation and any renter choosing to
cultivate shall first obtain written authorization from the property owner to
cultivate on site.
b. Outdoor cultivation is limited to rear and side yard areas and only if
screened by a solid block wall no less than six (6) feet in height.
c. Outdoor cultivation shall not be visible from surrounding public streets or
adjoining properties. As such, cannabis plants may not grow above the height
of the property line walls unless screened by another approved screening
method.
d. Outdoor cultivation within 600 feet of a school, daycare center, or youth
center is prohibited.
2. Indoor cultivation.
a. Indoor cultivation must have adequate ventilation. Structural, ventilation,
electrical, gas, or plumbing changes to accommodate indoor cultivation are
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required to obtain a building permit from the City's Building and Safety
Department.
b. The use of volatile solvents, as defined in Section 11362.3d of the California
Business and Professions Code, including, but not limited to, butane, propane,
xylene, gasoline, kerosene, and other dangerous and poisonous toxins or
carcinogens, are prohibited for indoor cultivation at a private residence.
G. Application fee and reimbursement agreement. At the time an applicant submits
an application under this section, the applicant shall also supply an application fee in an
amount to be determined by resolution by the City Council, an executed reimbursement
agreement on a form provided by the City to fully reimburse the City for all costs,
expenses, and fees, including, but not limited to, attorney fees and consultant fees,
incurred by the City related to the commercial cannabis business, and a deposit in an
amount as provided for in the reimbursement agreement terms.
H. Prohibited operations. Any commercial cannabis business that does not have: (1) an
approved conditional use permit; (2) a regulatory permit required under this code; and (3)
a state license is expressly prohibited in all City zones and is hereby declared a public
nuisance that may be abated by the City and is subject to all available legal remedies,
including, but not limited to, civil injunctions.
I. Violations and penalties.
1. In addition to any other remedy allowed by law, any person who violates a
provision of this chapter is subject to criminal sanctions, civil actions,
administrative penalties, permit suspension, and permit revocation, if
applicable.
2. Violations of this chapter constitute an infraction or misdemeanor and may
be enforced by any applicable law.
3. Violations of this chapter are hereby declared to be public nuisances.
4. Each person is guilty of a separate offense each day a violation is allowed
to continue and every violation of this chapter shall constitute a separate
offense and shall be subject to all remedies.
5. All remedies prescribed under this chapter shall be cumulative and the
election of one or more remedies shall not bar the City from the pursuit of any
other remedy for the purpose of enforcing the provisions hereof.
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SECTION 5: Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code Section 25.68.020 is hereby amended as follows:
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 and developments subject to Objective
Design Standards requirements of Chapter 25.42, 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.
3. The ARC shall review all plans for new two-story residential dwellings and
second story additions within the R-2 Zoning District as required by Table 25.10-3
(Residential Zoning District Development Standards) to ensure second stories are
compatible with surrounding homes including massing, materials, and considers
privacy of adjacent neighbors. The ARC design review shall include the following:
1.a. The mass and bulk of the design should be reasonably compatible with the
predominant neighborhood pattern. New construction should not be
disproportionately larger than, or out of scale with, the neighborhood pattern in terms
of building forms, roof pitches, eave heights, ridge heights, and entry feature heights.
2. b. Placement of windows and doors should have minimal impact to the
neighboring property.
3. c. Line of sight analysis shall be provided.
4. d. To mitigate privacy impacts of new two-story homes and additions, tree
and/or shrub planting is required.
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a. i. Applicability. These requirements shall apply to new two-story homes,
two-story additions, and/or new windows on existing two-story homes that
increase privacy impacts on neighboring residents.
5. e. Planting plan. Proposals for new two-story homes, two-story additions,
and/or new windows on existing two-story homes shall be accompanied by a planting
plan which identifies the location, species and canopy diameter of existing and
proposed trees or shrubs to meet the requirements.
SECTION 6. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 25.99.020 Land Use Definitions is hereby amended with the following
removals and additions to the existing section:
Automotive sales new and used (outdoor/indoor). A commercial establishment
selling and/or renting new and/or used automobiles, boats, vans, campers, trucks, mobile
homes, recreational and utility trailers, motorized farm equipment, motorcycles, mopeds,
snowmobile and jet skis. The sales of all automotives can take place outdoors or indoors.
These uses include parts for sale and repair shops only when part of a dealership selling
new vehicles on the same site. These uses do not include service stations, which are
separately defined.
Automotive sales new and used (indoor). A commercial establishment selling and/or
renting new and/or used automobiles, boats, vans, campers, trucks, mobile homes,
recreational and utility trailers, motorized farm equipment, motorcycles, mopeds,
snowmobile and jet skis. The sales of all automobiles occurs only indoors within an
enclosed commercial building. Displays located outside of a building are not included.
These uses include parts for sale and repair shops only when part of a dealership selling
new vehicles on the same site. These uses do not include service stations, which are
separately defined.
Automotive sales new and used (outdoor). A commercial establishment selling and/or
renting new and/or used automobiles, boats, vans, campers, trucks, mobile homes,
recreational and utility trailers, motorized farm equipment, motorcycles, mopeds,
snowmobile and jet skis. The sales of all automobiles can take place outdoors or indoors.
These uses include parts for sale and repair shops only when part of a dealership selling
new vehicles on the same site. These uses do not include service stations, which are
separately defined.
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