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Home My WebLink AboutORD 1449ORDINANCE NO. 1449 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ADOPTING HILLSIDE RESIDENTIAL DESIGN STANDARDS, AMENDING PALM DESERT MUNICIPAL CODE TITLE 25 AND MAKING A FINDING THE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO. ZOA 25-5001 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 City of Palm Desert to adopt Hillside Residential Design Standards and modifiy sections of the Palm Desert Municipal Code (PDMC) Title 25 (Zoning) to incorporate objective standards and processes for new residential developments within the Hillside Residential zoning district; 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 this ZOA; and WHEREAS, the ZOA has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2024-035, in that the Director of Development Services has determined that the ZOAis not a project subject to CEQA under section 15378, or in the alternative, is exempt from CEQA under State CEQA Guidelines section 15061(b)(3) and categorically exempt under section 15320; and WHEREAS, all other legal prerequisites to the adoption of this ZOA have occurred; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on December 16, 2025, hold a duly noticed public hearing to previously consider the request by the City of Palm Desert for approval of ZOA 25-5001 and adopted Planning Commission Resolution No. 2909 recommending that the City Council approve the ZOA; and WHEREAS, the City Council of the City of Palm Desert, California, did on January 8, 2026, hold a duly noticed public hearing to previously consider the request by the City of Palm Desert for approval of ZOA 25-5001; and Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Ordinance No. 1449 Page 2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on March 3, 2026, hold a duly noticed public hearing to consider revised ZOA 25-5001, and unanimously recommended that the City Council approve the revised ZOA; and WHEREAS, the City Council of the City of Palm Desert, California, did on April 23, 2026, hold a duly noticed public hearing to consider the revised ZOA 25-5001 as recommended by the Planning Commission; 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, to 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 of the City of Palm Desert hereby finds that: 1. The City of Palm Desert, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and 2. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. 3. The Hillside Residential Design Standards and ZOA adopted by this Ordinance are intended to constitute objective development standards as defined by Government Code section 65589.5. SECTION 2. CEQA. The City Council finds that adoption of this ZOA is not a “project” within the meaning of State CEQA Guidelines section 15378. The ZOA adopts and clarifies objective Hillside Residential Design Standards applicable to properties within the existing HPR zoning district and corrects internal inconsistencies within the Palm Desert Municipal Code. The ZOA does not increase allowable density or expand the geographic area subject to development. Rather, it refines and implements development standards governing building pad size, allowable building area, grading, and design requirements intended to protect hillside views, natural landforms, and neighborhood character, while improving clarity and consistency in the City’s development review process. Because the ZOA does not authorize new development or increase the intensity of development beyond that already allowed under existing regulations, it will not result in a reasonably foreseeable significant physical change in the environment and therefore does not constitute a “project” under CEQA. In addition, the ZOA constitutes an organizational and Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Ordinance No. 1449 Page 3 administrative activity of government that will not result in direct or indirect physical changes in the environment and is therefore excluded from the definition of a “project.” Even if adoption of this ZOA were a “project” under CEQA, it would be exempt from environmental review. The ZOA is exempt pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment, as the ZOA does not increase development intensity or density and instead imposes standards that limit and regulate development within an existing zoning designation. In addition, the ZOA is categorically exempt pursuant to State CEQA Guidelines section 15320 because it does not change the geographic area in which the City’s existing land use regulatory authority is exercised and instead refines the manner in which such authority is implemented within the existing HPR zoning district. Finally, none of the exceptions to the use of categorical exemptions set forth in State CEQA Guidelines section 15300.2 applies, as the ordinance will not result in cumulative impacts, does not present unusual circumstances that would result in a significant environmental effect, will not damage scenic resources within a designated scenic highway, is not located on a hazardous waste site pursuant to Government Code section 65962.5, and will not cause a substantial adverse change in the significance of a historical resource. The City Council directs staff to file a Notice of Exemption for this ZOA with the County Clerk and State Clearinghouse in accordance with State CEQA Guidelines. SECTION 3. Adoption of Hillside Residential Design Standards. The City Council approves and adopts the Hillside Residential Design Standards as attached hereto and incorporated herein as Exhibit A. SECTION 4. Zoning Ordinance Amendment. The City Council adopts ZOA 25-5001, as attached hereto and incorporated herein as Exhibit B. The PDMC Sections and Subsections amended by this ZOA include Subsection (A) of Section 25.10.050, Section 25.72.080 in its entirety, and Section 25.78.020 in its entirety. SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption. SECTION 6. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law. Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Ordinance No. 1449 Page 4 SECTION 7. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 73-510 Fred Waring Drive, Palm Desert, CA. SECTION 8. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. ADOPTED ON MAY 14, 2026. EVAN TRUBEE 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. 1449 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on April 23, 2026, and adopted at a regular meeting of the City Council held on May 14, 2026, by the following vote: AYES: HARNIK, MORENO, NESTANDE, PRADETTO, AND TRUBEE 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 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 5/15/2026 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 § 25.10.050 Development Standards. The development standards on Table 25.10-3 (Residential Zoning District Development Standards) are applicable to the residential zoning districts. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) in this title, are intended to assist property owners and project designers in understanding the City's minimum requirements and expectations for high-quality development. A. Hillside Pplanned Rresidential District development standards. The following standards must be met prior to the approval of a hillside development plan as described in Section 25.78.020: 1. Density. Each lot shall be limited to a maximum of 1 unit per 5 acres. All lots will be entitled to at least 1 unit. 2. Hillside Objective Design Standards. Hillside dDevelopment Pplans shall be consistent comply with the standards and process identiﬁed in the City’s adopted Hillside Residential Design Standards document. Grading. Location of building pads and access roads shall be evaluated, approved, or adjusted based on consistency with the following: a. Preserved natural contours of the land to avoid extensive cut and ﬁll slopes to reduce the need for a staircase eﬀect within developments. b. Architecture and landscape design which blends with the natural terrain to the greatest practical extent. c. Retention and protection of undisturbed viewsheds, natural landmarks, and features including vistas and the natural skyline as integral elements. d. Building Pad Area. The maximum area permanently disturbed by grading shall not exceed 10,000 square feet. e. Access Road or Driveway. Maximum permanent grading disturbance of natural terrain for development of access to the approved building pad shall be 3,000 square feet. Roads shall be located and designed to blend with the natural terrain to the greatest practical extent consistent with the grading provisions listed in this subsection (A)(2). f. Renaturalization. All cuts, ﬁlls, or other areas temporarily disturbed by grading shall be renaturalized, colored, and landscaped to blend with the adjacent undisturbed natural terrain to the satisfaction of the city council. Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 g. Maximum Dwelling Unit Size. Total dwelling unit, garage and accessory building size on any 1 lot shall not exceed 4,000 square feet. 3. Exception. The standards of subsections (A)(1) through (A)(3) of this section shall be required unless modiﬁed by one of the following: a. Precise Plan. Upon recommendation of the Architectural Review Commission, Tthe Planning Commission and Council may approve a precise plan of design through public hearing process that modiﬁes up to a maximum of three (3) standards from the Hillside Residential Design Standards. the standards in subsections (A)(1) through (A)(3). Said precise plan shall take into consideration any and all circumstances, including, but not limited to, viewshed, topography, color, texture, and proﬁle of any structure that the Commission or Council may determine to be in conformity with the purposes set forth in this section. b. Previously Approved Existing Building Pads. If a property owner can demonstrate that a previous building pad was approved by the City or County before incorporation, a home and accessory structure(s) may be built on a previously approved building pad without a public hearing. The building size shall be limited to 35 percent of the lot approved building pad, which may be increased up to 50 percent with ARC approval. Enlarging a previously approved existing building pad shall require a new public hearing subject to the provisions of this chapter. 4. Previously approved existing building pads shall be subject to the standard coverage limitations of 35 percent, which may be increased up to 50 percent with ARC approval. Any change to an existing approved building pad shall require a new public hearing subject to the provisions of this chapter. 5.4. Development on or across ridges is prohibited. 6. 5. Building pads and architecture shall be designed to eliminate or minimize any visual impact on the City to the maximum extent feasible. 7. All common open space shall be preserved for that purpose as shown in the development plan. The developer shall choose one or a combination of the following 3 methods of administering common open space: a. Dedication of common open space to the City, which is subject to formal acceptance. b. Establishment of an association or nonproﬁt corporation of all property owners or corporations within the project area to ensure perpetual maintenance of all common open space. c. Retention of ownership, control, and maintenance of all common open space by the developer; all privately owned common open space shall continue as such and shall only be Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 used in accordance with the development plan; appropriate land use restrictions shall be contained in all deeds to ensure that the common open space is permanently preserved according to the development plan; said deed restrictions shall run with the land and be for the beneﬁt of present as well as future property owners, and shall contain a prohibition against partition of common open space. 8. Design Criteria. The following design criteria are established: a. The overall plan shall achieve an integrated land and building relationship. b. Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site. c. The layout of structures and other facilities shall aﬀect a conservation in street and utility improvements. d. Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units. e. Architectural unity and harmony within the development and with the surrounding properties shall be attained. § 25.72.080 Hillside Development Plan, Commission Role. A. Purpose and applicability. The purpose of a Hhillside Ddevelopment Pplan is to provide for the review of projects within the hillside planned residential district to ensure that the design of projects is consistent with the hillside conditions on each development site. A Precise Plan may be used as a Hillside Development Plan. Within the hillside planned residential district, no building permit shall be issued for any new building or structure unless a Hhillside Ddevelopment Pplan has been approved by the Council according to Section 25.78.020 (Hillside Development Plan). B. Procedure and required Planning Commission action. 1. Hillside Ddevelopment Pplan shall be reviewed and processed according to Section 25.78.020 (Hillside Development Plan) and the City’s adopted Hillside Residential Design Standards. Final approval by the Council is required, but the Commission may deny a hillside development plan. 2. If the Hillside Development Plan is consistent with the Hillside Residential Design Standards, the Planning Commission shall be the ﬁnal and only approval authority, without Architectural Review Commission recommendation required. Decision of the Planning Commission to approve or deny the development plan shall be ﬁnal unless appealed to the Council. The Planning Commission shall hold a public hearing and approve if the following ﬁndings are met: Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 i. That the proposed Hillside Development Plan is consistent with the City’s Hillside Residential Design Standards and all other applicable sections of the Palm Desert Municipal Code, including Section 25.78.020 ii. That the proposed location of Hillside Development Plan under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. iii. That the proposed Hillside Development Plan will comply with each of the applicable provisions of this title, except for approved variances or adjustments. iv. That the proposed Hillside Development Plan complies with the goals, objectives, and policies of the City's General Plan. Prior to Commission action, the ARC shall hold a public hearing on such application and consider a recommendation to the Commission. 3. A Hillside Development Plan may propose to modify a maximum of three (3) standards from the Hillside Residential Design Standards. If a modiﬁcation is proposed, the Hillside Development Plan shall be recommended for approval by the Architectural Review Commission. If the Architectural review Commission approves, the Planning Commission shall hold a public hearing to recommend the City Council approve or deny the proposed Hillside Development Plan. Recommendation shall be based upon the ﬁndings identiﬁed in Section 25.72.080(B). 4. Notice. All public hearings for Hillside Development Plans shall require notice of a public hearing not less than 10 days or more than 30 days prior to the date of the hearing by publication in the newspaper of general circulation in the City and mailing notices via United States Postal Service to parties whose name appear on the latest adopted tax rolls of Riverside County as owning property within 4,000 feet of the exterior boundaries of the property that is the subject of the hearing, and by notiﬁcation to all homeowners associations within the City south of Highway 111. The Commission shall hold a public hearing and either: i. Recommend to the Council that the development plan is approved if it ﬁnds the criteria set forth in Section 25.78.020 (Hillside Development Plan) have been satisﬁed subject to such conditions as it deems necessary. ii. Deny the application if it ﬁnds the criteria are not being satisﬁed or that such application would be detrimental to the public peace, health, safety, or welfare. 4. Decision of the Commission to deny the development plan shall be ﬁnal unless appealed to the Council. Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 § 25.78.020 Hillside Development Plan. A. Purpose and applicability. The purpose of a Hhillside Ddevelopment Pplan is to provide for the review of projects within the hillside planned residential district to ensure that the design of projects is consistent with the hillside conditions on each development site. Within the hillside planned residential district, no building permit shall be issued for any new building or structure unless a Hhillside Ddevelopment Pplan covering the area has been approved. Hillside Development Plans require City Council approval if they are proposing to modify up to three (3) standards from the Hillside Residential Design Standards. B. Hillside Ddevelopment Pplan. In addition to application forms and materials required by the Director, the following additional application information is required within the hillside planned residential district. C. Procedure for Hhillside Ddevelopment Pplan application. 1. Application. The owner, authorized agent, or the purchaser with the consent of the owner may submit an application for development plan approval to the Department. 2. Notice. All public hearings for Hillside Development Plans shall require notice of a public hearing not less than 10 days or more than 30 days prior to the date of the hearing by publication in the newspaper of general circulation in the City and mailing notices via United States Postal Service to parties whose name appear on the latest adopted tax rolls of Riverside County as owning property within 4,000 feet of the exterior boundaries of the property that is the subject of the hearing, and by notiﬁcation to all homeowners associations within the City south of Highway 111. Notice. All development of parcels within the Hillside Planned Residential Zoning District that do not meet the exception's requirement as described in Section 25.10.050 shall require notice of a public hearing not less than 10 days or more than 30 days prior to the date of the hearing by publication in the newspaper of general circulation in the City and mailing notices via United States Postal Service to parties whose name appear on the latest adopted tax rolls of Riverside County as owning property within 4,000 feet of the exterior boundaries of the property that is the subject of the hearing, and by notiﬁcation to all homeowners associations within the City south of Highway 111. 3. If a Hillside Development Plan requires City Council approval per the process outlined in the Hillside Residential Design Standards and 25.72.080, tThe Planning Commission shall hold a public hearing and make a recommendation to Council to approve the development plan if it ﬁnds the criteria set forth in this chapter have been satisﬁed subject to such conditions as it deems necessary. The Council shall then hold a public hearing and approve if the following ﬁndings are met: Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1 i. That the proposed Hillside Development Plan is consistent with the City’s Hillside Residential Design Standards and all other applicable sections of the Palm Desert Municipal Code, including Section 25.78.020 ii. That the proposed location of Hillside Development Plan under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. iii. That the proposed Hillside Development Plan will comply with each of the applicable provisions of this title, except for approved variances or adjustments. iv. That the proposed Hillside Development Plan complies with the goals, objectives, and policies of the City's General Plan. The Commission may deny the application if it ﬁnds the criteria are not being satisﬁed or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Commission to deny the development plan shall be ﬁnal unless appealed to the Council. D. Public hearing and appeal. Public hearing and appeal procedure shall be governed by Chapter 25.60 (Procedures). Docusign Envelope ID: CCB82D03-B287-8DAC-8298-7A24D16A6BD1