HomeMy WebLinkAboutORD 1416ORDINANCE 1416
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA APPROVING A ZONING ORDINANCE AMENDMENT FOR
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 exempt 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 project and
unanimously voted to adopt Planning Commission Resolution No. 2871 recommending
the City Council approve the ordinance amendment as presented; and
WHEREAS, the City Council of the City of Palm Desert, California, did on June 27,
2024, hold a duly noticed public hearing to consider the recommendation of Planning
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Commission Resolution No. 2871 with modifications which affected Sections 25.16.030
and 25.34.120 of the above noted requests ; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on July 16, 2024, adopt Resolution No. 2876 recommending approval of the modifications
to Sections 25.16.030 and 25.34.120 in accordance with California Government Code
Section 65857; and
WHEREAS, at the said public hearing of June 27, 2024, upon hearing and
considering all testimony and arguments, if any, of all interested persons desiring to be
heard, the City Council did find the following facts and reasons, which are outlined in the
staff report, exist to justify approval of said request:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council hereby finds that:
A. The City of Palm Desert, California (“City”), a municipal corporation duly
organized under the constitution and laws of the State of California; and
B. The Planning and Zoning Law authorizes cities to establish by ordinance the
regulations for land use and development.
SECTION 2. Amendment. The City Council of the City of Palm Desert does hereby
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 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 City Council 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 Approval. The City Council approval of Case No. ZOA24-0002
as depicted in Exhibit A, attached hereto; and
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SECTION 6. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be in
full force and effective thirty (30) days after its adoption.to the Commission shall attest
and certify to the passage and adoption thereof.
ADOPTED ON AUGUST 22, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Ordinance No. 1416 is a full, true, and correct copy, and was introduced at a regular
meeting of the City Council of the City of Palm Desert on June 27, 2024, and adopted at
a regular meeting of the City Council held on August 22, 2024, by the following vote:
AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on _______________.
ANTHONY J. MEJIA
CITY CLERK
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8/23/2024
Ordinance No. 1416 Page 4
“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 foun d 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
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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
Day care center N A A A A N
Emergency shelters N P N N N P
Entertainment facility, indoor N N N P P N
Entertainment facility, outdoor N N N P P N
Institution, educational C C C N N C
Institution, general C N C N N C
Institution, religious C N C N N C
Open space (developed or natural) N P P N P N
Recreation facility, commercial N N P P P N
Recreation facility, private N N N P P N
Theater/auditorium N N P P N N
Utility, Transportation, Public Facility, and Communication Uses
Commercial communication tower C C C C C C 25.16.040.C
Commercial parking lot C N N N N N
Public utility installation N N N N N P
Public facility (utility or service) N N N N N P
Utility facility N N C N N P
Retail, Service, and Office Uses
Accessory massage establishment P N P P P N 25.34.160
Adult entertainment N N N N N C 25.16.040.D
Ancillary commercial A P P P N A 25.16.040.E
Art gallery A P P P P C
Art studio A P P P P C
Bed and breakfast N A A A A N
Business support services N N N N P P
Cannabis Storefront retail N C C C C N 25.34.120
Cannabis testing and research laboratory N N N N N N 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
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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
Personal services N P P P P N
Restaurant A A A A P A 25.16.040.E / H
Retail N P P P P N
Retail, bulky items N N N P P N
Spa N N P P P N
Time-share project N N N C C N
Veterinary clinics/animal hospitals A N A A N A
Pet boarding N A A A N A
Automobile and Vehicle Uses
Automotive rental agency N N N N P P
Automotive gasoline station N N C C N C 25.34.090
Automotive service facility N N C C N P 25.34.090
Automotive sales new and used (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 N 25.34.120
Cannabis delivery N N N N N N 25.34.120
Cannabis distribution N N N N N N 25.34.120
Cannabis manufacturing N N N N N N 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.
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
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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
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
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Land Use Zone Special Use
Provisions D D-O DE DE-O
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 N N N N 25.34.120
Clothing and apparel shops P P P N
Convention and visitor’s 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
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
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Land Use Zone Special Use
Provisions D D-O DE DE-O
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.
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.
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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.
8. Personal storage.
9. Outdoor recreational vehicle and boat storage.
10. Automotive Sales New and Uses (Outdoor). Automotive Sales New and Used
(Indoor) may be permitted by administrative use permit in accordance with Chapter
25.64.
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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 developmen ts.
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 requir ement. (Ord.
1324 § 7, 2017; Ord. 1303 § 5, 2016; Ord. 1302 § 4, 2016; Ord. 1259 § 1, 2013)
SECTION 4: Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code Section 25.34.120 is hereby amended as follows:
25.34.120. 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 an d 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"),
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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, whe ther 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 t opical product containing cannabis or
concentrated cannabis and other ingredients.
"City" means the City of Palm Desert.
"Commercial cannabis business" means any business which engages in the medicinal
or adult-use commercial cannabis activity authorized by this Chapter.
"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.
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"Delivery" means the commercial transfer of cannabis or cannabis products to a
customer. "Delivery" also includes the use by a retailer of any technology platfor m
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 th at 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.
"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.
“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.
"Storefront Retail cannabis business" or "storefront retailer" or "Cannabis Storefront
retail ” means a business that sells 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
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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.
"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.
C. Conditional use permit required.
1. The City may authorize a total of 6 conditional use permits for retail cannabis
businesses to operate in the City of Palm Desert. No more than 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 applic ant 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 secti on, 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.
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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.
a. Storefront Retailers are conditionally permitted in the Planned Comm ercial
("PC") -1 District, PC-2 District, PC-3 District, PC-4 District, and
Downtown (D) District. No more than 6 conditional use permits will be
issued for retail cannabis businesses. No more than 3 retail cannabis
businesses may locate on any single street, and no more than 1 retail
cannabis business may locate on El Paseo, which must be located east of
Larkspur Lane.
b. Distribution businesses are conditionally permitted in conjunction with a
storefront retailer and the distribution activities shall be limited to the physical
location that both uses occupy.
2. Commercial cannabis businesses shall conform to the following separation
requirements:
a. No conditional use permit shall be issued to a storefront retailer that is
located within 1,500 feet of another approved commercial cannabis business.
No more than 3 cannabis retailers will be permitted to operate on a single
street.
b. A cannabis business within the Service Industrial zoning district shall be
separated by 1,500 feet from another approved cannabis business.
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.
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.
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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.
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;
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.
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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 1 residential dwelling unit. No more than 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 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
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 a n
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
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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 a ny
other remedy for the purpose of enforcing the provisions hereof.
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.
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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:
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.
b. Placement of windows and doors should have minimal impact to the
neighboring property.
c. Line of sight analysis shall be provided.
d. To mitigate privacy impacts of new two -story homes and additions, tree and/or
shrub planting is required.
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.
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 fol lowing
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 automotives occurs only indoors within an
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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 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.
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