HomeMy WebLinkAboutORD 1436ORDINANCE NO. 1436
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESEERT, CALIFORNIA APPROVING A ZONING ORDINANCE
AMENDMENT TO MODIFY TITLE 25 (ZONING) OF THE PALM DESERT
MUNICIPAL CODE TO ADD SINGLE FAMILY RESIDENTIAL AND DAY
CARE CENTERS AS AN ALLOWED LAND USE TYPE AND MAKING A
FINDING OF EXEMPTION UNDER CEQA.
CASE NOS. ZOA25-0001
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;
WHEREAS, the Zoning Ordinance Amendment (“Project”) is initiated by the City
of Palm Desert Development Services Department and modifies Title 25 (Zoning) of the
Palm Desert Municipal Code to add single family residential and day care centers as
allowed land use types; 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, the proposed Project would not create any nonconforming uses or
structures and makes the Municipal Code and General Plan consistent with existing
structures and uses; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367
of the State California Environmental Quality Act (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, pursuant to the requirements of the CEQA, the State Guidelines for
Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA
Implementation Requirements, the City of Palm Desert Development Services
Department has determined that the Project will not have a significant impact on the
environment under Section 15061(b)(3) General Rule of the CEQA Guidelines of the
CEQA Guidelines; therefore, no further environmental review is necessary; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 15th day of July 2025, hold a duly noticed public hearing to consider the request
for approval of the above-noted Project request and adopted Planning Commission
Resolution 2895 recommending the City Council approve said Project; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th
of August, 2025, hold a duly noticed public hearing to consider the request by the
Applicant for approval of the above-noted Project request and approved Council
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Ordinance No. 1436 Page 2
Resolution 2025-063. Resolution 2025-063 was approved in error as it should have been
brought forward as an Ordinance, as it is being introduced today ; and
WHEREAS, the City Council of the City of Palm Desert, California, did on
the 23rd day of October 2025, hold a duly noticed public hearing to consider the request
by the Applicant for approval of the above-noted Project request; 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 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, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are
true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. General Plan Consistency. There is a substantial public benefit to be
derived from the Zoning Ordinance Amendment and the proposed amendment furthers the
goals of the General Plan. The Zoning Ordinance Amendment is in line with the General
Plan, as amended via General Plan Amendment 25-0001, approved by the City Council on
August 28th, 2025 as Ordinance 1435.
The approved General Plan Amendment clarified that single family residential units
are allowed within the City Center/Downtown designation, which is consistent with the Palm
Desert Municipal Code and with existing single family residential units constructed and used
within the area. The removal of a minimum density allows additional opportunities for
development of sites within the area to increase the amount of housing units. The General
Plan Amendment clarified original intention and existing uses for the City Center/Downtown.
SECTION 3. CEQA Determination. The City Council finds that the Project is this 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. Council Resolution 2025-063 Rescinded. The City Council hereby
rescinds Council Resolution 2025-063, which mistakenly approved this Project as a
Resolution instead of as an Ordinance on August 28, 2025.
SECTION 5. Zoning Ordinance Amendment. The City Council approves the
Zoning Ordinance Amendment presented, as depicted in Exhibit “A.”
SECTION 6. Severability. If any section, subsection, sentence, clause, or phrase of
this ordinance is for any reason held to be invalid or unconstitutional, such decision shall
not affect the validity of the remaining portions of this ordinance. The City Council hereby
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Ordinance No. 1436 Page 3
declares that it would have passed this ordinance, and each section, subsection, sentence,
clause and phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
SECTION 7. Posting and Publication. The City Clerk of the City of Palm Desert,
California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a
newspaper of general circulation, published and circulated in the City of Palm Desert,
California, and shall be in full force and effective thirty (30) days after its adoption.
ADOPTED ON NOVEMBER 13, 2025.
JAN C. HARNIK
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1436 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on October 23, 2025, and adopted at a
regular meeting of the City Council held on November 13, 2025, by the following vote:
AYES: NESTANDE, PRADETTO, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: TRUBEE AND HARNIK
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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11/24/2025
Ordinance No. 1436 Page 4
EXHIBIT A
See following pages
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§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 C1 C1 C C 25.16.040.B
Dwelling, duplex C1 C1 C P 25.16.040.B
Dwelling, multifamily C1 C1 C P 25.16.040.B
Dwelling, single-family C1 C1 C N P 25.16.040.B
Group home C1 C1 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 C1 C1 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 C1 C1 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
City of Palm Desert, CA
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C1
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Land Use
Zone Special Use
Provisions D D-O DE DE-O
Institution, general N N C C
Institution, religious N N C C
Mechanical or electronic games, < 4 P1 P1 P N
Mechanical or electronic games, > 5 C1,2 C1,2 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 P1 P1 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 P1 P1 C N
Drugstore P1 P1 N N
Financial institution P1 P1 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 C1 C1 N N
Health club, gyms or studios C1,2 C1,2 C2 N
Hotel C C C C
Independent stand-alone massage
establishments
P1 P1 C N 25.34.160
Jewelry shops P P P N
Liquor store P1 P1 N N
Liquor, beverage, and food items shop P1 P1 N N
Luggage shops P P P N
Medical, clinic P1 P1 P N
City of Palm Desert, CA
§ 25.18.040 § 25.18.040
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Land Use
Zone Special Use
Provisions D D-O DE DE-O
Medical, office P1 P1 P A5
Medical, hospital P1 P1 C C
Medical, laboratory N N P N
Mortuary C1 C1 N N
Office, professional P3 P3 P3 P3 25.28.040.C
Office, local government P1 P1 P N
Office, neighborhood government N N N C
Office, travel agency P3 P3 P N 25.10.040.K
Outdoor sales A1 A1 A N
Personal services P P P N
Restaurant C2 C2 C1 N 25.16.040.H
Retail P P P N
Retail, bulky items P1 P1 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 C1 C1 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).
City of Palm Desert, CA
§ 25.18.040 § 25.18.040
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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.
(Ord. 1313, 2016; Ord. 1329 § 4, 2017; Ord. 1350A § 2, 2019; Ord. 1358 § 2, 2020; Ord. 1393
§ 12, 2023; Ord. 1405 § 2, 2023; Ord. No. 1416, 8/22/2024)
City of Palm Desert, CA
§ 25.18.040 § 25.18.040
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