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Home My WebLink About2013-08-06 PC Regular Meeting Agenda Packet CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELMINARY MINUTES TUESDAY,JULY 16, 2013–6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 ______________________________________________________________________ I.CALL TO ORDER Chair Nancy DeLunacalled the meeting to order at 6:00p.m. II.ROLL CALL Present:Absent: CommissionerKen StendellVice Chair Roger Dash Commissioner John Greenwood Commissioner Sonia Campbell Chair Nancy DeLuna Staff Present: Dave Erwin,City Attorney Lauri Aylaian, Director of Community Development Tony Bagato, Principal Planner Kevin Swartz, Assistant Planner Christina Canales, Assistant Engineer Monica O’Reilly, Administrative Secretary III.PLEDGE OF ALLEGIANCE Commissioner Stendell led the Pledge of Allegiance. IV.SUMMARY OF COUNCIL ACTION None V.ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 16, 2013 VI.CONSENT CALENDAR A.MINUTESof the Planning Commission meeting of July 2, 2013. Rec: By Minute Motion, approve as presented. Upon a motion by Campbell, second by Stendell, and a4-0 vote of the Planning Commission, the Consent Calendar was approved as presentedwith Commissioner Dash ABSENT. VII.CONSENT ITEMS HELD OVER None VIII.PUBLIC HEARINGS A.REQUEST FOR CONSIDERATIONto approve a Mitigated Negative Declaration of Environmental Impact, and Tentative Tract Map 36554 to subdivide 10 acres (two existing parcels) into 32 single-family residential lots. The project site is located on the southwest corner of Portola Avenue and Julie Lane at 36-333 Portola Avenue. Case No. TT 36554 / HTE 13-173(GHA Communities,30-875 Date PalmDrive,Cathedral City,CA 92234,Applicant) Mr. Kevin Swartz, Assistant Planner, reported that the two parcels are located north of Frank Sinatra Drive, south of Gerald Ford Drive, east of Shepherd Lane, and west of PortolaAvenue. The property is zoned Planned Residential 5 (five dwelling units per acre), which is consistent with the surrounding area. He stated that the applicant is proposing to subdivide the two five-acre parcels into32 single-family residential lots. He presented photos of the site and the Tentative Tract Map. The lots will range in size from 7,472 to 13,927 square feet. He said that the project will create two 550-foot long cul-de-sacs. Mr. Swartz reported that the Tentative Tract Map will be built in two phases: Phase One is Anastacia Lane,and Phase Two is Encore Lane,with improvements to be made to both phases. He also reported that the applicant is proposing to acquire .36 acres from the successor agency to the Palm Desert Redevelopment Agency, which takes approval from the State of California Department of Finance. The .36 acres would be dedicated for right-of-way purposes. The .36 additional acres allows the lot sizes within the development to be consistent with lots in the surrounding area. It also allows for Julie Lane to be modified to provide for better circulation. On August 14, 2012, the Architectural Review Commission approved the architectural and landscapeplansfor 16 single-family homes. The homes that are located along University Pointe Court have been built and sold. He said that the applicant is proposing to use the same product for the proposed 32 single-family homes.Mr. Swartz presented photos of the architectural elevations, and provided a brief description of the proposed homes. He stated the homes are consistent with the development standards of other tract maps in the area. Staff recommended that the Planning Commission adopt Resolution No. 2605 2 G:\\Planning\\Monica OReilly\\Planning Commission\\2013\\Minutes\\7-16-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 16, 2013 approving the Tentative Tract Map and the Mitigated Negative Declaration of Environmental Impact. He offered to answer any questions. Commissioner Sonia Campbell asked why gates are not necessary for this development when all the other developments have them onPortola Avenue. Mr. Swartz responded that the Fire Department said that gates werenot necessary. Commissioner Campbell inquired if the other developments would remove the gates and fill in with a block wall so they are all uniform, or will the gates be left as they are. Mr. Swartz replied that he believes the gates will remain at this time. Chair DeLuna clarified that it is .36 acres that the applicant is proposing to acquire. Mr. Swartz answered yes. Chair DeLuna mentioned that the acquisition isdependentupon the State of California Department of Finance approval, and Phase Two is the section that contains that parcel of land. She asked staff if they have any idea how long it will take to receive approval from the State. Mr. Swartz responded that staff does not know how long it will take. Assembly Bill 1484 did not give the StateDepartment of Finance a time frame for the approval of the Property Management Plan. Chair DeLuna inquired if the approval would take a year or two from now. Mr. Swartz replied that staff did not know. He noted that this is the first project that has been sent to the State. Commissioner Ken Stendell asked what would happen if the State does not give approval. Will the land be modified or will the land be less desirable? Mr. Swartz responded that the applicant will have to redesign Phase Two of the Tentative Tract Map. Chair DeLuna declared the public hearing openand invited the applicant to address the Commission on this matter, followed by any public testimony IN FAVOR or OPPOSITION. MR. MARIO GONZALEZ, 30875 Date Palm Drive, Cathedral City, California, thanked staff for their diligence. He stated that they have some challenges with respect to Julie Lane. He said that he is hopeful that they will be able to acquire the .36 acres.If not approved, they will work with staff to redesign the parcelso 3 G:\\Planning\\Monica OReilly\\Planning Commission\\2013\\Minutes\\7-16-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 16, 2013 the project cancontinue moving forward. He also stated that they have reviewed andarein favor of the conditionsof approval. He mentioned that John Rodriguez fromHeitecEngineering is also present to answer any questions. He offered to answer any questions. Commissioner Stendell asked if the stucco will be painted or colored stucco. MR. GONZALEZ respondedthat they will use acrylic paint for the stucco. Chair DeLuna said that in the event the StateDepartment of Finance does not approve of the acquisition, she asked if the lots will become narrower. MR. GONZALEZ replied that they would propose to leave the south section of the north tract (Lots 17 through 24) alone, and for the other lots they will modify theplan. MR. JIMMY BERRYHILL, 74098 Academy Lane East, Palm Desert, California, commented that he lives in the home on the corneradjacent to the first property. He mentioned that when they first bought the property, they were told that a Jewish Community Center was going to be built. The community addressed their concern with line of sight, andthose issues were resolved. He said that they again have a concern with the line of sight with the proposed homes. He stated that they are requesting that the height elevation on the lots behind them be brought down. He mentioned that there is a lot of traffic onShepherd Lane and out to Julie Lane. He said there is a vault on the north corner of Portola Avenue, which might need to be lined up. He asked if that has been discussed with the Planning Department. Mr. Swartz interjected that it has been discussed, and a Southern California Edison pole will have to be moved. MR. BERRYHILL expressed that the road will have to be wide enough and well maintained due to traffic. He inquired if there is a landscape agreement with the applicant. Mr. Swartz replied that there will be an agreement, and that the applicant is proposing a homeowners’ association. MR. BERRYHILL said that his community wants to make sure the applicant will maintain their rights-of-way because it can become a problem. He also would like to make sure that during the development of the homes, the applicant complies with the City’s noise ordinance. MR. JOHN RODRIGUEZ, 42575 Melanie Place, Palm Desert, California, remarked that the natural contour of the land falls to the northeast and drops off significantly to that point. He noted that the parcels fall towards Portola Avenue and will drain in that direction. In response to the comment regarding the elevation, the applicant has taken into consideration the elevations of the houses 4 G:\\Planning\\Monica OReilly\\Planning Commission\\2013\\Minutes\\7-16-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 16, 2013 adjacent to them.He believes they are two-tenths of a foot lower than the property south of Lot 1 as it currently sits,then they fall off to the east with the grading. He mentioned that the intersection of Julie Lane and Portola Avenue is narrow in its current condition;however, they have worked with staff to make sure they are using a full width street. He offered to answer any questions. Commissioner Stendell said that the minimum setback for the front elevation is 20 feet. He asked what the maximum is, and are they going to offset some of the setbacks so that they do not have a linear look. MR. RODRIGUEZ responded that the plans are different. Some homes will have a casita or third car garage that will help with that effect. Commissioner Stendell interjected that he understood; however, that theyare 70- foot narrow lots, and can become a tunnel of garage doors. He noted that the elevations are nice, but having every garage 20 feet off the street starts looking monotonous after a while. MR. GONZALEZ stated that some planshave a structure in the front to give it a different elevation. They also attempt to mound the fronts, and have movement in their contours as well as in their elevations. He mentioned that they will make some of the setbacks at 20, 23, 25, and 22feet. At the same time, they will look at the backyard to make sure they leave a proper backyard. Chair DeLuna inquired if the location of the trees will be altered so that it does not look like a row of trees. MR. GONZALEZ responded yes. He also mentioned that they willtry to bringthe side property line walls beyond garages and step them down toward the street. Thisallows for privacy, defines thelot, and allows for some growth to go up on the walls,which will break up the front scene. He askedthatthe Planning Commission support the project, and support staff’s recommendation. He thanked the Commission for their time. With no further testimony offered, Chair DeLuna declared the public hearing closed. Commissioner Campbell stated that she is favor of the development. She commented that she likes the consistency of the homes. She said that she would rather see homes in the area instead of aJewish Community Center and a school. She commented thatwhen you put a school next to homes, people complain about the noise and traffic. She stated she would move for approval. Commissioner Campbell moved, by Minute Motion, to approve a Mitigated Negative Declaration of Environmental Impact, and Tentative Tract Map 36554 to subdivide 10 acres into 32 single-family residential lots. Motion was seconded by Greenwood and carried by a 4-0 vote with Commissioner Dash ABSENT. 5 G:\\Planning\\Monica OReilly\\Planning Commission\\2013\\Minutes\\7-16-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 16, 2013 Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No.2605, subject to conditions. Motion was seconded by Stendell and carried by a 4-0 vote with Commissioner Dash ABSENT. Chair DeLuna thanked the applicantfor choosing to do business in Palm Desert. IX.MISCELLANEOUS None X.COMMITTEE MEETING UPDATES A.ART IN PUBLIC PLACES None B.PARKS & RECREATION None XI.COMMENTS None XII.ADJOURNMENT Upon a motion by Stendell, second by Greenwood, and a 4-0vote of the Planning Commissionwith Commissioner Dash ABSENT,Chair DeLunaadjourned the meeting at 6:30p.m. NANCY DE LUNA, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION 6 G:\\Planning\\Monica OReilly\\Planning Commission\\2013\\Minutes\\7-16-13 min.docx CITY OF PALM DESERT Zoning Ordinance Public Hearing Draft August2013 Table of Contents Chapter 25.02 –Introductory Provisions 25.02.010Title and Purpose............................................................................................02-1 25.02.030Scope, Interpretation, and Application.............................................................02-2 25.02.040Administrative Responsibility...........................................................................02-4 25.02.050Rules and Interpretation..................................................................................02-6 Chapter 25.04–Establishment of Zoning Districts 25.04.010Purpose..........................................................................................................04-1 25.04.020Zoning Districts...............................................................................................04-1 25.04.030Zoning Map.....................................................................................................04-3 Chapter 25.10–Residential Districts 25.10.010Purpose .........................................................................................................10-1 25.10.020Characteristics of the Residential Districts .....................................................10-1 25.10.030Allowed Land Uses and Permits Required .....................................................10-2 25.10.040Specific Use Standards...................................................................................10-5 25.10.050Development Standards..................................................................................10-8 Chapter 25.16–Commercial and Industrial Districts 25.16.010Purpose..........................................................................................................16-1 25.16.020Characteristics of the Commercial and Industrial Districts...............................16-1 25.16.030Allowed Land Uses and Permit Requirements................................................16-2 25.16.040Specific Use Standards...................................................................................16-5 25.16.050Development Standards..................................................................................16-6 Chapter 25.22–Special Districts 25.22.010Purpose..........................................................................................................22-1 25.22.020Characteristics of Special Districts..................................................................22-1 25.22.030Allowed Land Uses and Permit Requirements................................................22-1 25.22.040Development Standards..................................................................................22-3 25.22.050Study District...................................................................................................22-4 Chapter 25.28 –Overlay Districts 25.28.010Purpose..........................................................................................................28-1 25.28.020Senior Housing Overlay District......................................................................28-2 25.28.030Medium/High Density Housing Overlay District...............................................28-6 25.28.040El Paseo Overlay District................................................................................28-9 25.28.050Mixed Use Overlay District............................................................................28-10 25.28.060PlannedCommunity Overlay District.............................................................28-10 25.28.070Freeway Commercial Overlay District...........................................................28-12 25.28.080Scenic Preservation Overlay District.............................................................28-13 25.28.090Drainageway, Floodplain, Watercourse Overlay District................................28-14 25.28.100Natural Factors/Restricted Development Overlay District..............................28-15 25.28.110 Seismic Hazard Overlay District...................................................................28-16 25.28.120Bermuda Dunes Airport Area........................................................................28-17 Chapter 25.34–Special Use Provisions 25.34.010Purpose and Applicability................................................................................34-2 25.34.020Home Occupations.........................................................................................34-2 25.34.030Second Dwelling Units....................................................................................34-6 25.34.040Affordable Housing and Density Bonus Provisions..........................................34-7 25.34.050Residential Condominium Conversions.........................................................34-14 25.34.060Time-Share Projects.....................................................................................34-21 25.34.070Hotels...........................................................................................................34-22 25.34.080Temporary Uses...........................................................................................34-23 25.34.090Automotive Service Stations.........................................................................34-24 25.34.100Restaurants..................................................................................................34-25 25.34.110Adult Entertainment Establishments..............................................................34-26 25.34.120Medical Marijuana Dispensaries...................................................................34-28 25.34.130Communication Tower and Antenna Regulations.........................................34-28 25.34.140Exceptions Based on Unconstitutional Takings.............................................34-35 25.34.150 Conversion of Abandoned Public Utility Well Sites........................................34-36 Chapter 25.40 –SiteDevelopment Provisions 25.40.010Purpose and Applicability................................................................................40-1 25.40.020Yard Measurements........................................................................................40-1 25.40.030Projections into Required Setbacks................................................................40-6 25.40.040Height Measurements.....................................................................................40-8 25.40.050Accessory Structures......................................................................................40-9 25.40.050Swimming Pools and Equipment...................................................................40-10 25.40.070Private Tennis Courts and Sports Courts......................................................40-11 25.40.080Fences and Walls.........................................................................................40-12 25.40.090Screening.....................................................................................................40-16 25.34.100Traffic Sight Obstruction................................................................................40-19 25.34.110Exterior Modifications....................................................................................40-19 25.40.120Undergrounding of Utilities............................................................................40-19 25.40.130Required Park Dedication Fees....................................................................40-20 Chapter 25.46 –Off-Street Parking and Loading 25.46.010Purpose..........................................................................................................46-2 25.46.020Applicability.....................................................................................................46-3 25.46.030Parking Lot Design Requirements...................................................................46-3 25.46.040Parking Requirements....................................................................................46-5 25.46.050Golf Cart, Motorcycle, and Scooter Parking Requirements.............................46-9 25.46.060Bicycle Parking Requirements......................................................................46-10 25.46.070Clean Air Vehicle Parking Requirements......................................................46-11 25.46.080Joint Use Parking..........................................................................................46-12 25.46.090Exceptions....................................................................................................46-12 25.46.100Off-Street Loading.........................................................................................46-12 Chapter 25.52–Landscaping 25.52.010Purpose..........................................................................................................52-2 25.52.020Applicability.....................................................................................................52-2 25.52.030Residential Landscape Provisions..................................................................52-2 25.52.040Nonresidential Landscape Provisions.............................................................52-3 25.52.050Parking Lot Landscaping Standards................................................................52-6 25.52.060 Landscape Maintenance Requirements..........................................................52-9 25.52.070Landscape and Irrigation System Plan Reivew...............................................52-9 Chapter 25.56–Signs 25.56.010Purpose and Intent..........................................................................................56-1 25.56.020Applicability.....................................................................................................56-2 25.56.030Sign Permit and Design Review Requirements...............................................56-2 25.56.040Exempt signs..................................................................................................56-4 25.56.050Prohibited Signs..............................................................................................56-5 25.56.060General Provisions for All Signs......................................................................56-8 25.56.070Permanent Signs..........................................................................................56-13 25.56.080Standards for Specific Types of Permanent Signs........................................56-19 25.56.090Temporary Signs...........................................................................................56-29 25.56.100Comprehensive Sign Program......................................................................56-33 25.56.110Nonconforming Signs....................................................................................56-35 25.56.120Abandoned Signs..........................................................................................56-36 25.56.130Abatement of Illegal Signs............................................................................56-36 25.56.140Penalties.......................................................................................................56-37 Chapter 25.60–Procedures 25.60.010Purpose..........................................................................................................60-1 25.60.020Application and Fee........................................................................................60-1 25.60.030Determination of Completeness......................................................................60-2 25.60.040Environmental Analysis...................................................................................60-2 25.60.050Application Review and Report.......................................................................60-3 25.60.060Public Hearing and Public Notice....................................................................60-3 25.60.070Approving Authority.........................................................................................60-4 25.60.080Appeals...........................................................................................................60-6 25.60.090Effective Date.................................................................................................60-6 25.60.100Land Use Permit Time Limits and Extensions.................................................60-7 25.60.110Modification.....................................................................................................60-8 25.60.120Revocation......................................................................................................60-8 25.60.140Enforcement and Penalties.............................................................................60-9 Chapter 25.62–Nonconforming Provisions 25.62.010Purpose..........................................................................................................62-1 25.62.020Nonconforming Lots, Buildings, and Uses in Residential Zones......................62-1 25.62.030Nonconforming Lots, Buildings and Uses in Nonresidential Zones..................62-1 25.62.040Reconstruction of Nonconforming Building Partially Destroyed.......................62-2 25.62.050Nonconforming Uses and Buildings Resulting from Reclassification...............62-2 25.62.060Outdoor Storage in Nonresidential Zones.......................................................62-2 25.62.070Public Acquisition............................................................................................62-2 25.62.080Conforming Process for Legal Nonconforming Residential Uses in Residential Zones and Office Professional Zones.............................................................62-3 25.62.090Notice of Nonconformity..................................................................................62-3 25.62.100Abatement Hearings.......................................................................................62-4 Chapter 25.64–Decisions by the Zoning Administrator 25.64.010Purpose..........................................................................................................64-1 25.64.020Large Family Day Care Use Permits...............................................................64-1 25.64.030Adjustments....................................................................................................64-5 25.64.040Administrative Use Permits.............................................................................64-7 25.64.050Reasonable Accommodation..........................................................................64-8 Chapter 25.68–Decisions by the Architectural Review Commission 25.68.010Purpose..........................................................................................................68-1 25.68.020Design Review Required.................................................................................68-1 25.68.030Exceptions to ARC review...............................................................................68-1 25.68.040Findings of the ARC........................................................................................68-2 25.68.050Sign Design Review........................................................................................68-2 25.68.060Comprehensive Sign Programs......................................................................68-4 Chapter 25.72–Decisions by the Planning Commission 25.72.010Purpose..........................................................................................................72-1 25.72.020Use Determinations........................................................................................72-1 25.72.030Precise Plan....................................................................................................72-2 25.72.040Development Plan...........................................................................................72-4 25.72.050Conditional Use Permit...................................................................................72-6 25.72.060Condominium Conversion Permit....................................................................72-8 25.72.070Variances......................................................................................................72-10 25.72.080Hillside Development Plan, Commission Role...............................................72-12 25.72.090Zoning Amendments(Text and Map), Commission Role..............................72-13 Chapter 25.78–Decisions by the City Council 25.78.010Purpose..........................................................................................................78-1 25.78.020Hillside Development Plan..............................................................................78-1 25.78.030Amendments—Zoning Ordinance...................................................................78-3 25.78.040Amendments—Zoning Map............................................................................78-3 25.78.050Prezoning for Annexed Areas.........................................................................78-4 25.78.060Development Agreements...............................................................................78-5 25.78.070General Plan Updates.....................................................................................78-6 Chapter 25.00 –Definitions 25.99.010Purpose...............................................................................................................1 25.99.020Land Use Definitions............................................................................................1 ! 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Chapter 25.02–Introductory Provisions Sections in This Chapter 25.02.010Title and Purpose..................................................................................02-1 25.02.030Scope, Interpretation, and Application..................................................02-2 25.02.040Administrative Responsibility................................................................02-4 25.02.050Rules and Interpretation........................................................................02-6 Changes from existing ordinance: Renumbering/renaming existing code sections Section 25.02.020 moved to 25.02.010 Section 25.02.030 moved to 25.02.030 Section 25.06.010 moved to 25.02.030 A Section25.06.020 moved to 25.02.030 B Section25.06.040 moved to 25.02.030 C Section 25.06.050 moved to 25.02.030 D Section25.06.060 moved to 25.02.030 E Section25.06.070 moved to 25.02.030 F Section25.06.080 moved to 25.02.030 G Section25.06.090 moved to 25.02.030 H Section 25.06.100 moved to 25.02.030 I Section 25.06.110 moved to 25.02.030 J Substantive edits to existing code sections Section 25.02.040 Administrative Responsibility is new to help define the city’s “planning agency” andidentify to code users who administers and makes decisions in relationship to the zoning ordinance. 25.02.010Titleand Purpose A.Title.This title shall be known as the zoning ordinance of the city. B.Relation to the general plan.The city council has instituted a comprehensive planning program in order to ensure that the anticipated growth within the city is organized, planned, and coordinated in a manner that will not place undue burdens on the city in its ability to provide urban services and facilities. This planning program has culminated in the preparation and adoption of a comprehensive general plan. 02-1|PageChapter 25.02 Introductory Provisions C.Role of zoning ordinance.The implementation element of the general plan recommends the orderly development of the city and the elimination of the potential for haphazard land development through a variety of implementation measures. Among the methods noted is a regulatory zoning ordinance to govern the uses of land and the density and intensity of development. D.Purpose of zoningordinance.The zoning regulations of the city are adopted to protect, promote, and enhance the public health, safety, and general welfare, ensuring that development within the city is related to the city’s ability to provide essential urban services and is consistent with the Palm Desert general plan. More specifically, these regulations are adopted to achieve the following objectives: 1.Relate proposals for development to the provisions and recommendations to the city’s general plan and ensure the consistency of development with the general plan. 2.Foster a harmonious, convenient, workable relationship among land uses. 3.Ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial to the city as a whole. 4.Prevent the creation of population densities that will adversely affect the city’s ability to provide community facilities, utilities, and services. 5.Ensure adequate consideration for urban design in the development process so that new development enhances the city as it matures. 6.Foster the provision of adequate off-street parking and off-street truck loading facilities. 7.Promote consideration of natural environmental features in the development and use of land within the city. 8.Develop land use regulations that will encourage infill development in existing sections of the city and provide for innovative development in undeveloped areas. 25.02.030Scope, Interpretation,and Application A.Scope of regulations.This title is adopted to accomplish the stated objective of and to implement the general plan of the city. To accomplish these objectives the city shall regulate the use, location, area,and dimension of sites for development:the bulk and height of structures, the appearance of certain uses, structures, and signs, open space, landscaping, access and egress, off-street parking, and other such aspects of land use which may be deemed necessary for the public peace, health, safety, and general welfare of the people working and living within the city. Chapter 25.02 Introductory Provisions02-2|Page B.Authority for regulations.The authority for the regulations contained within this title is based on Section 7, Article XI of the California Constitution; the provisions of the California Planning and Zoning Lawwhich provide for the regulation of the intensity of land use, and the adoption of standards for the regulation of population density; and the police power granted to municipalities by the laws of the state. C.Applicability and conformity.The provisions ofthis title are not intended to revoke any easements, codes, covenants,and restrictions or other existing agreements which are more restrictive than the provisions of this title.Unless otherwise specified, existing development is not required to comply with new regulations. Any use or development made nonconforming by new regulations is subject to the requirements of Chapter 25.62 (Nonconforming Provisions). D.Relation to less restrictive regulations.Whenever the provisions of this title impose more restrictive regulations upon buildings or structures and the use of them or the use of lands or premises and require larger open spaces or yards or setbacks than are imposed by other ordinances, the provisions of this title or the rules or regulations included within this title shall govern. E.Effective in incorporated city.The provisions of this title are declared to be in effect upon all land within the incorporated jurisdiction of the city as exists or is hereafter changed by annexation. F.Relationship to prior ordinances.Any building for which a building permit has been issued and is valid under the provisions of earlier ordinances of the city which are in conflict with this title may be continued and completed in accordance with the plans and specifications upon which the permit was issued. G.Continuity.Notwithstanding the provisions of this chapter or any other provisions of this title, no new or additional variance, conditional use permit,or license shall be required for any land use heretofore authorized by the city or the county by a variance, conditional use permit, building permit, license, or tentative or final tract map,provided there has been substantial reliance upon the governmental entitlement mentioned in this chapter and,provided further, that conditions thereof are complied with and that substantial construction has begun on a portion of the project. H.Procedure regarding pending action.The repeal or substitution of any ordinance shall not affect any prosecution which may be pending in any court for the violation of any provision of the ordinance at time of the repeal or substitution. I.Violation of previous ordinances.The substitution or repeal of any ordinance is not deemed to ratify or legalize any violation of any provision of such ordinance nor to affect the prosecution or punishment of any person, firm,or corporation for any act done or committed in violation of any provision of the ordinance prior to the taking effect of this title. J.Conviction of crimes continued.Any ordinance to be repealed or substituted by this title is deemed to continue and be in full force and effect for the purpose of prosecuting and meeting punishment for any violation presently pending in any court. 02-3|PageChapter 25.02 Introductory Provisions 25.02.040Administrative Responsibility California Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the planning agency, as designated by the title, shall be carried out by the following bodies. In the absence of an assignment, the city council shall retain responsibility and authority as the legislative body of the city. A.Zoning administrator.The zoning administrator shall be appointed bythe director of community development and shall have discretionary review authority over permits and entitlements as specified in the ordinance, such as large family day care use permits, adjustments, and administrative use permits. B.Director of community development.The director, or designee, shall have the responsibility and authority to administer and enforce this title as follows: 1.Application process. Receive and review all applications for development pursuant to this title. Processing includes but isnot limited to the certification of completed applications, the establishment of a permanent file, posting of public notices, collection of applicable fees, preparation of reports, processing of appeals, and presentation of staff reports to the architectural review commission, planning commission,and city council. 2.Interpretation. Interpret the provisions and advise the public on the requirements of this title. 3.Amendment. Initiate action for amendment of this title where it is determined that such amendment would better implement the general plan goals and objectives and increase its effectiveness and/or improve or clarify the contents of this title. 4.Permit issuance. Issue administrative permits, including certifications of use and occupancy, temporary use permits, home-based business permits and other designated permits under this title and certify that all such permits are in full conformance with its requirements. 5.Coordination. Refer and coordinate matters related to the administration of this title with other agencies and city departments and provide information on the status of all development permits. 6.Authority. Serve as the administrative zoning body and exercise that authority set forth in California Government Code Section 65900 et seq. C.City manager.The city manager or designee shall oversee the work of the director and shall exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the city council. D.Architecturalreview commission.The city has established the architecturalreview commission to serve as a decision-making and advisory body with the following land use responsibilities: Chapter 25.02 Introductory Provisions02-4|Page 1.Hear and decide applications for entitlements as provided in this ordinance, such asbuilding and landscapingdesign review,color changes, sign permits,and comprehensive sign programs. 2.Hear appeals of the decision of the zoning administrator for design review and signs. 3.Hear and make recommendations to the planning commission on applicationsfor precise plans,developmentplans, certain variances, and new homes for tentative tract map applications. E.Planning commission.Pursuant to California Government Code Section 65101, the City of Palm Deserthas an established planning commission. The planning commission shall have the following land use responsibilities: 1.Hear and decide applications for entitlements as provided in this ordinance, includinguse determinations, precise plans, development plans, conditional use permits, condominium conversion permits,and variances. 2.Hear appeals of the decisions of the zoning administrator. 3.Initiate studies of amendments to this title and make recommendations to the city council for amendments as provided in this ordinanceand in California Government Code Section65853. 4.Hear and make recommendations to the city council on applications for planned community development overlays, zoning amendments(ordinance and map), the general plan and amendments thereto, prezonings,hillside development plans, and other related planning studies. 5.Exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the city council. F.City council.The city council is the legislative body of the city and shall have the following land use responsibilities: 1.Hear and decide appeals of the planning commission. 2.Hear and decide applications for permits and entitlements as identified in this ordinance, such as planned community overlays, zoning amendments (ordinance and map), general plan updates and amendments, prezonings, hillside development plans, and development agreements. 3.Direct planning-related policy amendments and special studies as necessary or desired. 4.Exercise such other powers and duties as are prescribed by state law or local ordinance. 02-5|PageChapter 25.02 Introductory Provisions 25.02.050Rules and Interpretation The director shall have the authority and responsibility to interpret terms, provisions, and requirements of this code in accordance with the rules listed below. A.Abbreviations.The following phrases, personnel, and document titles are shortened in this code: 1.City of Palm Desert=City 2.Director of community development=Director 3.Zoning administrator = ZA 4.Architectural review commission = ARC 5.Planning commission = Commission 6.City council = Council 7.Planning department = Department B.Terminology.The following rules apply to all provisions in this code: 1.Language. The words “shall,” “will,” “is to,” and “are to” and similar words and phrases are always mandatory. “Should” is not mandatory but is strongly recommended, and “may” is permissive. 2.Tense and number. The present tense includes the past and futuretense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular unless the natural construction of the word indicates otherwise. 3.Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either…or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including but not limited to.” 4.Number of days. Whenever a number of days is specified in this code, or in any entitlement, condition of approval, or notice issued or given as provided in this code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day whenthe last of the specified number of days falls on a day that the city is not open for business. C.Minimum requirements.All provisions of this code are considered to be minimum requirements, unless specifically stated otherwise. Chapter 25.02 Introductory Provisions02-6|Page D.Calculations –rounding.Where any provision of this code requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down). E.Zoning regulations.Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted unless the use is determined to be similar to a listed use or use category. F.Zoneboundaries.Where uncertainty exists as to the boundaries of any districts shown on the official zoning map, the rulesestablished under section 25.04.030 (Zoning Map) apply. G.Consistency of text and diagrams.Diagrams are provided within this code to illustrate the requirements of the zoning code’s text. In the event of conflict between the text of this code and provided diagrams, the text shall determine the city’s regulations. H.Conflicts with other regulations.Wherever conflict occurs between the provisions of this title and any other provision of law, the more restrictive of any such provisions shall apply. 02-7|PageChapter 25.02 Introductory Provisions ! ! ! Dibqufs!36/15 \[pojoh!Ejtusjdut DIBQUFS!36/15! ! ! Ftubcmjtinfou!pg FTUBCMJTINFOU!PG! ! \[POJOH!EJTUSJDUT! ! ! Chapter 25.04–Establishment of Zoning Districts Sections in This Chapter 25.04.010Purpose................................................................................................04-1 25.04.020Zoning Districts.....................................................................................04-1 25.04.030Zoning Map...........................................................................................04-3 Changes from existing ordinance: Renumbering/renaming existing code sections Contents of Chapter 25.08 has been moved to Chapter 25.04 Contents of Chapter 25.94 has been moved to Section 25.04.030 Substantive edits to existing code sections Chapter 25.08 is replaced with Chapter 25.04 and more details are provided to describe the purpose and intent of each zoning district. 25.04.010Purpose This chapter establishes the framework for zoning districts within the city and their relationship to the City’s general plan land use categories. This chapter also establishes the zoning map as the official designation of zoning district boundaries. 25.04.020Zoning Districts The city is divided into zoning districts that are generally grouped into fivecategories: (A) residential districts,(B) commercialdistricts, (C)industrial districts, (D)special districts, and (E) overlay districts. These districts implement the City’s general plan land use categories as described in Table 25.04-1(Zoning Districts).Each zone is further defined and regulated in the subsequent sections of thischapter. A.Residential districts.The residential districts provideappropriately located areas for residential living at a range of population densities consistent with the general plan, implement standards that will protect these residential areas with sound standards of public health and safety, and provide space for semipublic facilities needed to complement urban residential areas and for institutions that require a residential environment. B.Commercialdistricts.Thecommercial districts provide appropriately located areas for retail stores, offices, service establishments, amusement establishments, and businesses,offering commodities and services required by residents of the city and its surrounding market area,and implement standards to ensure that these areas function appropriately and are compatible with surrounding land uses. 04-1|PageChapter 25.04 Establishment of Zoning Districts C.Industrial districts. The industrial districts allow for the manufacture, distribution,and service of products intended primarily for local usage within Palm Desert, its sphere of influence, and surrounding core communities,and allow for research and development facilities to enablehigh-caliber technological centers to develop in a manner compatible with the intended character of the community.Development standards are included to ensure that industrial uses do not conflict with the overall character of a resort community. D.Special districts.Special districts allow for theestablishment or expansion of public facilitiesor change in the use of lands owned, leased,or otherwise controlled by governmental agencies. Certain special districts also allowfor theestablishment of quasi-public institutional uses, and the reservation ofareasfor parks, public or private recreation, open space,andrelated governmental public uses.The purpose of the study district is to provide the opportunity for review of areas where changing conditions or inadequacy of existing zoning regulations indicate the need for special study and possible amendments to this title. E.Overlay districts.The purpose of overlay districts is to allow the city to adequately provide for special environmental constraints thatexist in the city and to provide the means by which developmental controls may be exercised to assure that such environmental constraints are adequately considered when development occurs in these areas.Furthermore, overlay districtsare utilized: 1.To allow more flexibility from the standard provisions of the underlying base zone. 2.When special provisions are needed to protect unique site features or implement location-specific provisions. 3.To specify a particular standard or guideline for an area. In theevent of a conflict between an overlay district and any base zoning district (residential, commercial,industrial,or special district)the provisions of the overlay district apply. Table 25.04-1: Zoning Districts General Plan Land Use Designation SymbolZoning District Name/Description Implemented by Zoning District Residential Zoning Districts Residential –Desert Estates (R-DE); Residential – REEstate Residential Mountain Estates (R-ME) R-1Single-Family ResidentialLow Density Residential (R-L) R-2Single-Family ResidentialMedium Density Residential (R-M) R-3Multifamily ResidentialHigh Density Residential (R-H) R-1MSingle-Family/Mobile Home Residential Medium Density Residential (R-M) HPRHillside Planned ResidentialResidential Hillside Reserve (R-HR) PRPlanned Residential Varies Chapter 25.04 Establishment of Zonig Districts04-2|Page General Plan Land Use Designation SymbolZoning District Name/Description Implemented by Zoning District Commercial Districts OPOffice Professional DistrictOffice Professional (C-OP) C-1General Commercial DistrictCommunity Commercial (C-C) PCPlanned Commercial Districts PC-1Specialty Commercial CenterCommunity Commercial (C-C) PC-2District Commercial CenterCommunity Commercial (C-C) PC-3Regional CenterRegional Commercial (C-R) PC-4Resort CenterResort Commercial (C-R/H) Industrial Districts SIService Industrial DistrictBusiness Park (B-P) PIPlannedIndustrial DistrictLight Industrial (I-L) Special Districts PPublic/Institutional DistrictPublic/Quasi-Public (PF) OSOpen Space DistrictOpen Space (OS) SStudy DistrictSpecial Study Area (SSA) Overlay Districts HDMedium/High Density Housing OverlayMedium/High Density Overlay (MHDO) SOSenior Housing Overlay Varies MUMixed Use OverlayVaries EPEl Paseo Pedestrian Commercial OverlayCommunity Commercial (CC) SPScenic Preservation OverlayVaries DDrainageway, Floodplain, Watercourse OverlayOpen Space –Floodways (OS-FW) NNatural Features/Restricted Development OverlayVaries SHSeismic Hazard OverlayVaries FCOZFreeway Commercial Overlay ZoneVaries –I-10 Intersections BDAABermuda Dunes Airport AreaWashington Street area –See map on file 25.04.030Zoning Map TheCity of Palm Desertzoning map (hereafter referred to as the zoning map) isthe official designation of zoning district boundaries onreal property within the city.The zoning mapshall beregulated as set forth below. A.Incorporated by reference.The zoning map is hereby incorporated into this zoning code by reference as though it werefully included. B.Map amendments.Amendments to the zoning map shall follow the process established in Section25.78.050 (Amendments –Zoning Map). 04-3|PageChapter 25.04 Establishment of Zoning Districts C.Relationship to general plan and other plans.The zoning map shall implement and shall be consistent with the City’s adopted general plan.The zoning map shall be specifically consistent with the general plan land use planand any adopted specific plans, special planning areas, or master plans. D.Zoning district symbol.Zoning districts shall be illustrated on the zoning map as follows: 1.Each residential, commercial, or industrialzoning district shall be described on the zoning map by use of its identified zoning district symbol, as listed in Table 25.04-1(Zoning Districts). 2.Overlay districts or special zoning districts shall be designated by their representative symbol along with any related residential, commercial,or industrial base zoning district in a format determined by theZA. E.Zoning map interpretation.If there is uncertainty about the location of any zoning district boundary shown on the zoning map, the precise location of the boundary shall be determined bytheDirectoras follows: 1.The boundaries of a zoning district shall be the centerlines of either streets or alleys, or lot lines of real property, unless otherwise shown. Where a district’s boundaries approximately follow centerlines or lot lines, those lines shall be interpreted as the district boundaries. 2.If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary shall be determined bythe ZA.Each portion ofthe property shall be developed to the standards and allowed use provisions of the applied zoning district and any applied overlay or special zone(s). 3.Where the street layout on the ground or the lot lines differ from such layout or lines shown on the zoning map, the ZA shall determine the exact boundaryand the map shall be amended to conform to the layout on the ground. 4.Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley shall be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley. Chapter 25.04 Establishment of Zonig Districts04-4|Page ! ! ! DIBQUFS!36/21! ! SFTJEFOUJBM!EJTUSJDUT! Dibqufs!36/21! ! Sftjefoujbm!Ejtusjdut ! Chapter25.10–Residential Districts Sections inThis Chapter 25.10.010Purpose...............................................................................................10-1 25.10.020Characteristics of the Residential Districts...........................................10-1 25.10.030Allowed Land Uses and Permits Required ...........................................10-2 25.10.040Specific Use Standards.........................................................................10-5 25.10.050Development Standards.......................................................................10-8 Changes from existing ordinance: Renumbering/renaming existing code sections All chapters related to residential districts have been consolidated into this chapter. Substantive edits to existing code sections Chapter 25.10 (Agriculture district) has been eliminated and some of the permitted uses have been moved where appropriate to the RE district. All of the residential districts, Chapter 25.14 through Chapter 25.24,have been consolidated into this chapter. A land use matrix and a development standards table have been created to capture many of the provisions. An administrative use permit has been created and is utilized in the use matrix. A section on Specific Use Standardshas been included to capture any special requirements related to the use permitted within each district. 25.10.010Purpose The purpose of this chapteris to establish residential zoning districts in the city,along with allowed use and development standards applicable to those districts. These districts are consistent with and implement the City’s general plan residential land use categoriesas indicated in Table 25.04-1(Zoning Districts). 25.10.020Characteristics of the Residential Districts The following descriptions of each residential district identify the characteristic uses, intensity of uses, and level of development intended for that district. A.Residential Estate (RE).Thedistrict is intendedfor residential estates with large-lot development or lower-density cluster-style projects. B.Single-Family Residential (R-1).The intent of this district is to encourage the preservation of residential neighborhoods characterized by single-family homes on medium-sized lots and to preserve undeveloped lands for similar types of residential development by permitting a minimum of auxiliary nonresidential uses. C.Single-Family Residential (R-2).The intent of this district is to reserve appropriately located areas for families living in a variety of dwelling types at a medium range of population densities consistent with sound standards of public health and safety. 10-1|PageChapter 25.10 Residential Districts D.Multifamily Residential (R-3).The specific purposes of this district are to provide suitablylocated areas for residents to live in a variety of housing types at high population densities consistent with sound standards of public health and safety. E.Single-Family/Mobile Home Residential (R-1M).This district provides for the permanent placement and occupancy of single-family dwelling units, factory-built dwelling units,or mobile homes for residential purposes on purchased, rented,or leased lots.It is further the intent of this district to stabilize and protect the residential character of the area and to promote a better living environment through high-quality property development standards. F.Hillside Planned Residential (HPR).The purpose of thehillside planned residential district is toencourage minimal grading in hillside areas that relate to the natural contours of the land,avoiding extensive cut and fill slopes that result in a padding or staircase effect within the development; encouragearchitecture and landscape design that blends with the natural terrain to the greatest practical extent; and retain and protect undisturbed viewshedsandnatural landmarks and features,including vistas and the natural skyline,as integral elements in development proposals in hillside areas. G.Planned Residential (PR).The purpose of this district is to provide for flexibility in development, creative,and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types and community facilities, both public and private. The district is further intended to provide for the optimum integration of urban and natural amenities within developments. The PR district is also established togive a land developer assurance that innovative and unique land development techniques will be given reasonable consideration for approval,and to provide the city assurances that the completed project will contain the character envisioned at the time of approval. 25.10.030Allowed Land Usesand Permit Requirements Table25.10-1(Use Matrix for Residential Districts) identifies allowed uses and corresponding permit requirements for the residential districtsand all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99(Definitions). The special useprovisionscolumn in the tableidentifies the specific chapteror sectionwhere additional regulations for that use type are located within thistitle. Use regulations in the tableare shown with arepresentative symbol by use classification listing: “P” symbolizes uses permitted by right,“A” symbolizes uses that require approval of an administrative use permit,“L” symbolizes uses that require approval of a large family day care use permit, “C” symbolizes uses that require approval of a conditional use permit, and “N” symbolizes uses that are not permitted. Uses that are not listed arenot permitted. However,the Commissionmay make a use determination as outlined in Section 25.72.020 (Use Determinations). Chapter 25.10 Residential Districts10-2|Page Table 25.10-1:Use Matrixfor Residential Districts Residential Zoning District Special Use (P=Permitted; A=Administrative Use Permit;L=Large Family Day Care Use PermitC=Conditional Use Provisions Permit; N=Not Permitted) RER-1R-2R-3R-1MHPRPR 1 Residential Uses CondominiumNNCCNNC Dwelling, duplexNNPPNNN Dwelling, multifamilyNNPPNNN25.10.040.A Dwelling, secondPPPNNPN25.34.030 Dwelling, single-familyPPPNNPN Farmworker housingNNNNNNN Group homePPPNNPN25.10.040.B Guest dwellingPPNNNPP Home-based businessPPPPPPP Manufactured home parksNNNNCNN Planned unit development, NNCCNCC25.10.040.C residential Transitional and supportive housingsee footnote 1 Agriculture-Related Uses ApiaryANNNNAN Botanical conservatoryANNNNNN Crops and horticulture, limitedANNNNNN Garden, privatePPPPPPP Greenhouse, commercialCNNNNNN Greenhouse, privatePPPAAPP Horticulture, privatePPPPPPP KennelCNNNNNC25.10.040.D Livestock raising, noncommercialCNNNNNN NurseryCNNNNNN OrchardANNNNNN Stable, boardingANNNNNN25.10.040.E. Stable, privateANNNNNN25.10.040.E. Recreation, Resource Preservation, Open Space, and Public Assembly Uses CemeteryNNNNNNC Community facilityNNNNNNC Club, privateNNCCNNC CrematoryNNNNNNN 10-3|PageChapter 25.10 Residential Districts Residential Zoning District Special Use (P=Permitted; A=Administrative Use Permit;L=Large Family Day Care Use PermitC=Conditional Use Provisions Permit; N=Not Permitted) RER-1R-2R-3R-1MHPRPR Day care, large familyLLLLLLL25.10.040.F Day care, small familyPPPPPPP Institution, educationalCCCCCNC Institution, generalNNNCNNC Institution, religiousCCCCNNC Public parkPPPNPNP Recreational use, commercial NNNNNNC25.10.040.G Recreational vehicle parkNNNNCNC Recreation facility, commercialNNNNNNN Recreation facility, incidentalCCCCCNC25.10.040.H Recreation facility, privatePNNPPNP Recreation facility, publicCCCCCNC Utility, Transportation, Public Facility, and Communication Uses Electric substationNNNNNNN Fire stationCCCCNNC Public service facilityCCCCCNN Public utilityCCCCCNN Utility facilityNNNNNNC Retail, Service, and Office Uses Bed and breakfastCNNCNNN Commercial parking lotNCNCNNN25.10.040.I Condominium hotel, convertedNNCCNNC HospitalNNCCNNC HotelNNNCNNN25.10.040.J Neighborhood government officeNNCCNNN25.10.040.K Office parking lotNCCCNNN25.10.040.L Professional officeNNCCNNN25.10.040.M Resort hotelNNNNNNC25.10.040.J TimesharesNNNNNNC Temporary Uses See Section 25.34.080 Footnotes: 1. Transitional and supportive housing shall be subject to only those restrictions that apply to other residential uses of the same type in the same zone. 2. Trade schools are not permitted Chapter 25.10 Residential Districts10-4|Page 25.10.040SpecificUse Standards The following provisions applyas indicated to the uses listed in Table 25.10-1(UseMatrix for Residential Districts): A.Multifamily.Multifamily dwelling units are permitted within the R-2district up to a maximum of 10 dwelling units per acre,or as indicated on the zoning map. Multifamily dwelling units are permitted within the R-3district up to a maximum of 18 dwelling units per acre,or as indicated on the zoning map. B.Group home.When permittedaccording to Table 25.10-1 (Use Matrix for Residential Districts),group homes are limited to six or fewerresidents. C.Planned residential.Cluster developmentand/or condominiums are permitted as part of a planned development. D.Kennel.Excluding domestic pets, all boarding for animals or fowl must beat least 100 feet away from any neighboring residential home. E.Stables.The stabling of horses (or mules) is permitted with an administrative use permit in the residential estate district subject to the following provisions: 1.Two standard horses (or mules) over 14.2 hands, 58inches shall be permitted on a lot of 40,000square feet minimum area with a total number of horses all sizes not exceeding three. (This would allow one additional pony or the temporary keeping of one foal) 2.Horses must be kept within a corral and/or enclosed stable of the following minimum dimensions: i.Corral. 288square feet per horse; minimum dimensions of 12by 24feet, andone-third shaded. ii.Stable. 144square feet, minimum dimension 12feet by 12feet per horse. Stable shall be ventilated for the desert environment. iii.Construction. Corrals and stables shall be constructed of material and in such a manner to adequately contain the horses. 3.Barns, corrals or stables constructed to maintain horses shall be located not less than 35feetfrom any residence or habitable structure on the same lot and not less than 50feet from any residence or habitable structure on adjacent lots. Barns, corrals,or stables may be located within 50feet of a front property line if the finding can be made that the design and appearance of such structures are compatible with surrounding properties. No horses shall be permitted within 100 feet of an adjacent property not zoned RE (i.e., R1, O.P., PR). 4.Animal manure shall be stored in appropriate receptacles andproperly disposed of not less than once per week. 10-5|PageChapter 25.10 Residential Districts 5.Barns, corrals,or stables shall be cleaned and maintained such that dust, flies, and odors shall not create a nuisance for adjacent properties and not less than once per day. F.Large family day care.Largefamily day care facilitiesrequire the issuance of a large family day care use permit (Section 25.64.020) andare permitted subject to the following requirements: 1.Space and concentration. Properties proposed for use as large family day care homes shall be located no closer than 300feet in all directions from another large family day care home. An adjustmentmay be granted according to Chapter 25.64.030(Adjustments) of this ordinance to reduce this distanceto no more than 100 feet. 2.Traffic control. Atraffic circulation plan shall be designed to diminish traffic safety problems. Residences located on major arterial streets (as shown on the general plan circulation map) must provide a drop-off/pickup area designed to prevent vehicles from backing onto the arterial roadway. The applicant may be required to submit a planof staggered drop-off and pickup time ranges to reduce congestion in neighborhoods already identified as having traffic congestion problems. 3.Parking. All homes used for large family day care facilities shall provide at least three automobile parking spaces, no more than one of which may be provided in a garage or carport. Parking may be on-street if contiguous to property. These may include spaces already provided to fulfill residential parking requirements. 4.Noise control. Operation of the facility shall comply with all provisions of Chapter 9.24 (Noise Control) of the Palm Desert Municipal Code. Additional conditions may be placed on use permits to reduce noise impact if ongoing problems exist. 5.Signage. No signs or other exterior markings identifying a large family day care operation shall be allowed on the applicant’s home. 6.Residency. The applicant must be a primary resident of the home that is proposed as a large family day care home. 7.Contact person. The current name(s) and telephone number(s) of the applicant, and all other operators if different from the applicant, of the family day care home shall be on file with theCityat all times. 8.State licensing. All appropriate licensing from the CaliforniaDepartment of Social Services shall be obtained prior to commencing operation of any large family day care home in the city. Chapter 25.10 Residential Districts10-6|Page 9.Building and fire code compliance. Consistent with Section 1597.46 of the Health and Safety Code, the proposed large family day care home must comply with all building and fire code provisions applicable to single-family residences, and with such additional standards as the State Fire Marshal from time to time adopts pursuant to Section 1597.46(d) of the Health and Safety Code to promote the fire and life safety of children in large family day care homes. (See Title 22 of the California Code of Regulations.) 10.Smoking restricted. Consistentwith Section 1596.795 of the Health and Safety Code, smoking of tobacco and other substances—whether in pipe, cigar, or cigarette form—shall not be allowed in the applicant’s home during its hours of operation as a large family day care home with respect to those areas of the home where children are present. 11.Proof of control. No use permit shall be issued unless the applicant can demonstrate legal authority and control over the real property proposed to be used as a large family day care home. G.Recreational use, commercial.Commercial recreation uses are limited to the PR zone only with the issuance of a conditional use permit when not directly related to a permitted residential development. H.Recreation facility, incidental.Limited commercial uses are authorized as part of this use classification which are commonly associated with and directly related to the primary use. I.Commercial parking lot.Parking lots that service commercial establishments are permitted within 300feet of the related commercial establishment. J.Hotel and resort hotel.These usesare permitted up to a maximum of 18 units per gross acrewith the issuance of a conditional use permit. K.Government office building.Small neighborhood government office buildings are permitted up to 5,000 square feetinsizeas indicated. L.Office parking lot.Parking lots that serve office developments are permitted when located directly adjacent to the office professional zone and consistent with recommendations of an adopted specific plan. M.Professional office within residential district.These usesare permitted with the issuance of a conditional use permit, provided property to be developed is abutting or across the street, or across an alley from commercially zoned property. Residential development standards are to be used to ensure compatibility. 10-7|PageChapter 25.10 Residential Districts 25.10.050Development Standards The development standardson Table 25.10-2(Residential Zoning District Development Standards) are applicable to the residential zoning districts.These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) in this title,are intended to assist property owners and project designers in understanding the City’s minimum requirements and expectations for high-quality development. A.Hillside planned residential development standards.The following standards must be met prior to the approval of a hillside development plan as described in Section 25.78.020: 1.Density. Each lot shall be limited to a maximum of one unit per five acres. All lots will be entitled to at least one unit. 2.Grading. Location of building pads and access roads shall be evaluated, approved, or adjusted based on consistency with the following: i.Preserved natural contours of the land to avoid extensive cut and fill slopes to reduce the need for a staircase effect within developments. ii.Architecture and landscape design which blends with the natural terrain to the greatest practical extent. iii.Retention and protection of undisturbed viewsheds, natural landmarks, and features including vistas and the natural skyline as integral elements. iv.Building PadArea. The maximum area permanently disturbed by grading shall not exceed 10,000 square feet. v.Access Road or Driveway. Maximum permanent grading disturbance of natural terrain for development of access to the approved building pad shall be 3,000 square feet. Roads shall be located and designed to blend with the natural terrain to the greatest practical extent consistent with the grading provisions listed in number 2 above. vi.Renaturalization. All cuts, fills, or other areas temporarily disturbed by grading shall be re-naturalized, colored, and landscaped to blend with the adjacent undisturbed natural terrain to the satisfaction of the city council. 3.Maximum Dwelling Unit Size. Total dwelling unit, garage and accessory building size on any one lot shall not exceed 4,000 square feet. 4.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.Development on or across ridges is prohibited. Chapter 25.10 Residential Districts10-8|Page 6.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 three methods of administering common open space: i.Dedication of common open space to the city, which is subject to formal acceptance. ii.Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to ensure perpetual maintenance of all common open space. iii.Retention of ownership, control, and maintenance of all common open space by the developer; all privately owned common open space shall continue as such and shall only be used in accordance with the development plan; appropriate land use restrictions shall be contained in 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: i.The overall plan shall achieve an integrated land and building relationship. ii.Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site. iii.The layout of structures and other facilities shall effect a conservation in street and utility improvements. iv.Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units. v.Architectural unity and harmony within the development and with the surrounding properties shall be attained. B.Planned residential districtstandards. 1.Purpose.It is the purpose of the PR district to provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types, and community facilities, both public and private. The PR district is further intended to provide for the optimum integration of urban and natural 10-9|PageChapter 25.10 Residential Districts amenities within developments. The PR district is also established to give a land developer assurance that innovative and unique land development techniques will be given reasonable consideration for approval and to provide the City with assurances that the completed project will contain the character envisioned at the time of approval. 2.Prefiling procedure. Prior to the submittal of the complete official application, an applicant must pre-file a preliminary draft of the requireddocuments and sketch plans for the project with the Director for review. It shall be the responsibility of the Directorto contact interested department and agency personnel regarding necessary meetings with the applicant. After review, the Directorshall furnish the applicant with written comments regarding the project, including appropriate recommendations to inform and assist the applicant prior to preparing the final components of the application. 3.Filing procedure. To initiate the review process, the applicant shall file a petition for a change of zone(if needed)to a PR district along with a precise plan and supporting. 4.Maximum project densities. The maximum project density shall be as expressed in dwelling units per gross acre of not more than the number following the zoning symbol PR.The Councilshall determine the densities to be allowed within each PR district at the time the involved properties are rezoned and as designated on the zoning map within the following range: one to 18dwelling units maximum per average gross acre. The density designation shall mean dwelling units per average gross acre. For example, PR-7 means a planned residential development with seven units per gross acre 5.Maximum density for “affordable projects.” For projects containing at least 20 percent units affordable to low income households as defined by the Riverside County Housing Authority, a maximum density of 25dwelling units per acre may be allowed by preciseplan. To be eligible for this program, the developer must enter into a development agreement which will tie the zoning designation and the precise plan approval to affordable housing performance standards. 6.Design review. At the time a precise plan is submitted, the applicant shall file for the design review of theproject.The design review process, in addition to its normal finding, shall deem the precise construction plans and precise landscape plans in substantial compliance with the precise plan, provided modification by the applicant does not involve a change of one or more of the following: i.Violate any provision of the zoning ordinance; ii.Vary the lot area requirements by more than 10percent; iii.Involve a reduction of more than ten percent of the area reserved for the common open space and/or usable open space; iv.Increase or decrease the floor areas proposed by more than ten percent; Chapter 25.10 Residential Districts10-10|Page v.Increase the total ground area covered by buildings by more than five percent. 7.Development standards applicable. All areas on the precise plan shall be subject to the following:The standards for development of PR districts set forth in this chapter and any supplemental standards for the planned community designated in the precise plan.In addition, the following development standardsapply: i.Off-street parking and loading requirements. All parking and loading shall comply with the provisions of Chapter 25.46. ii.Utilities. For provisions regarding utilities, see Section 25.40.100. iii.Signs. All signs shall be in compliance with Chapter 25.56. iv.Outside storage. No outside storage shall exceed the height of actual perimeter screening. v.Screening. All screening requirements for developments within the PR district shall be determined by theARCduring its site plan review proceedingsin Section 25.40.070. vi.Trash handling. Trash handling facilities shall be provided for all developments within the PR district with the exception of single-family detached dwellings. A trash enclosure will be provided for all but excepted uses, unless the proposed location of the trash area is completely enclosed by walls or buildings. The freestanding trash enclosure shall be constructed of masonry block. No trash shall be allowed to extend above or beyond the enclosure. 8.Site plan review. A site plan review shall be required before a building permit is issued for any development in the PR district. 9.Special standards. In addition to requiring all development plans to comply to the following special standards the Council and/or Commission may impose such other conditions to the development plan as it deems necessary or desirable in carrying out the general purpose and intent of this chapter. i.Minimum project area.Projects of less than 7dwelling units per acre shall have a minimum area of 5acres.Projects of 7to 18dwelling units per acre shall have a minimum area of 10acres. ii.Minimum project width. Projects of less than 7dwelling units per acre shall have a minimum width of 250feet.Projects of 7to 18dwelling units per acre shall have a minimum width of 500feet. iii.Minimum project perimeter setback.The minimum perimeter setback shall be20feet from all property lines adjacent to existing or proposed public streets. 10-11|PageChapter 25.10 Residential Districts iv.Minimum project building coverage. Projects of less than 7dwelling units per acre shall have a maximum building coverage of 40percent. Projects of 7to 18dwelling units per acre shall have a maximum building coverage of50percent. v.Minimum lot area.For a single-family detached the minimum lot area shall be as approved by the development plan.For a single-family attached the minimum lot area shall be 2,500 square feet.For a two-story family dwelling the minimum lot area shall be 3,000square feet.For multiple-family buildings the minimum lot area shall be as approved on the development plan. 10.Minimum yards –Development standards. i.For single-family attached, two-story family dwellings and multiple-family buildings, the minimum front, side and rear yards shall be as approved on the development plan. However, there shall be a separate private yard with a total area of at least 320squarefeet adjacent to each dwelling unit, unless equivalent alternative arrangements of patios are approved and provided. ii.All single-story, single-family detached buildings shall comply with the provisions ofthis Chapter, with the majority of lot sizes determining the standard. iii.All two-story, single-family detached buildings shall comply to the following development standards: a.Minimum front yard, twenty feet; b.Minimum rear yard, twenty-five feet; c.Minimum side yard, fifteen feet; d.Maximum building coverage, twenty-five percent. e.Second-story windows facing side yards of single-story homes shall be five feet eight inches minimum in height from floor. f.All two-story, single-family homes shall be compatible with surrounding uses. 11.Minimum separation between sides of buildings.For single-story, single-family detached buildings there shall be a minimum of10feet between sides.For two- story, single-family detached buildings there shall be a minimum of 30feet between two-story elements. 12.Minimum common open space. i.Projects of less than 7dwelling units per acre shall have a minimum common open space of 40percent of the net area. Chapter 25.10 Residential Districts10-12|Page ii.Projects of 7to 18dwelling units per acre shall have a minimum common open space of 30percent of the net area. iii.At least 50percent of all required common open space shall be approximately level, defined as not more than 13.5percent grade. iv.The common open space shall be land within the total development site used for recreational, including buildings used for recreation purposes, parks or environmental purposes for enjoyment by occupants of the development and their guests, or dedicated to the City for public parks. v.Common open space shall not include public or private streets, driveways, private yards, or patios and parking areas. 13.Building height. The maximum building height in a PR district shall be 24feet or two-story, whichever is less. 14.Maximum dwelling units per building. The maximum number of dwelling units per building shall be as approved. 15.Required width of private roads. With no parking, the private roads shall be 30 wide.With parking on one side, 32feet wide. With parking on two sides, 40feet wide. The roadways shall be a minimum of asphaltic concrete with concrete curbs and gutters as approved by the Director. Standards of design and construction of roadways, both public and private, within the project may be modified as is deemed appropriate by the City, especially where it is found that the development plan provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off-street parking facilities. 16.RV Park Standards. The following standards apply to recreational vehicle parks: i.Minimum project size of 5acres; ii.Maximum density of 12 spaces per acre; iii.Minimum space area of 1,500square feet, minimum dimension 30feet by 50feet; iv.Minimum 40percent common open space/recreation area; v.Front project setback adjacent to public street of 25feet with combination of 6-foot masonry wall and landscaping to screen all recreation vehicles; vi.Interior property lines to be bounded by 6-foot masonry wall and at least 10feet of landscaping; vii.Projects maybe single-use or developed as part of a larger resort or residential development; viii.RV parks shall be taxed as a transient occupancy use; 10-13|PageChapter 25.10 Residential Districts ix.Permitted Accessory Uses.Private recreational facilities and limited commercial directly associated with primary use as approved by Commission. 17.Building setbacks from the planned street line.The minimum setback in all residential developments within the PR district shall be the designated distances from the ultimate right-of-way line of the streets specified in this title unless otherwise provided in this section: Table 25.10-2: Setbacks from Planned Street Lines Street TypeSetback Distance Freeway50 feet Major32 feet Arterial32 feet Collector25 feet Local25 feet 18.Two-story, single-family detached building setbacks from project perimeter. i.The minimum setback shall be 100feet or one lot depth, whichever is more. ii.TheCommissionmay waive interior setback requirements when adjacent developments are planned simultaneously. 19.Approval criteria. The Commissionand/or Councilmay approve a development plan only after finding that the requirements of this title and other ordinances affecting the property have been satisfied. In granting such approval, the Council may impose and enforce such specific conditions as to site development, phasing and building construction, maintenance and operation as it deems necessary to carry out the purposes of this title and the general plan.All development within the PR district shall comply with the development plan as approved and adopted by the Council. Chapter 25.10 Residential Districts10-14|Page 4 –––––––––_–––––– -- PR 35% H 1/5 ac 4,000 sf 10,000 sf 1 -- / / 5’/ 5’/ 5’ 7––––––––––– -- 1M -/ 5,000 sf 500’ R 20’ 20’10’10’ No max 18’, 1 story 20 ac Chapter 25.10 Residential Districts 1 3 - ––––– -- 8’ 90’15’20’10’10’22’24’ R 100’ 50% story 18’, 300 sf No max 2,500 sf 10,000 sf 8 story 2 7 - – ––––– -- 5’ 70’15’10’20’22’24’ R 14’ 100’ 50% No max 8,000 sf4,000 sf 18’, 1 to the criteria contained within the Development Plan may be appropriate with the application of innovative and 3 2 8 7 –– -- ––––––– 5’ 70’20’10’15’ 14’ 35% (18’ ARC) 8,000 sf9,999 sf ' 1,000 sf <10,000 sf 5 1 3 2 1 - – -- 8’––––––– R 90’20’20’15’20’ 100’ 35% (18’ ARC) ' 10,000 sf14,999 sf 1,000 sf 5 1 >15,000 sf, but Development Standards 3 sf 2 (18’ ––––––––– -- ' 90’25’15’15’20’ 125’ 5 35% ARC) 1 No max 1,250 sf 15,000 sf Roof Decks Prohibited – Zoning District (18’ –––––––––– ' 30’15’15’50’ 1 ac150’200’ 30% 5 ARC) 1 40,000 sf s within the park. The first dimension is for the larger project site. 1 Palm Desert Country Club Setbacks. - ractive developments that fit within the context of the City of Palm Desert. Exceptions Residential : 3 3 - (Accessory Structures) –––––––––– RE 50’15’50’ 5 ac200’250’100’ 20% (18’ ARC) 0.99 ac 2,000 sf ' 25.10 5 40.050 1 >1, but Lots of record: Table (18’ max –––––––––– ' 50’15’50’ 250’300’200’ 10% 5 ARC) >5 ac 1 5.01 ac No See Section 25. 2 would 5 feet for sideyard min2 would have a combined setback of 10 feet (See Figure 25.10 -- of lot area nd R 1 a1 and R age -- , max , min istrict d 1 - , min height, max , min , min, min , min Measurement/Zoning District height, max max yard setback required for corner lot, as well. Residential DensityDensity (du/ac), minLot DimensionsLot size, minLot size, maxLot width, minLot depth, minSetbacksFront yardSide Each sideCombined both sidesStreet side yardRear yardResidential accessory structuresCoverageLot coverage, max percentBuilding MeasurementsHeight, Flat roofPitched roofWithin 120’ of RDwelling unit size, minDwelling unit size, maxSite area per dwelling unit, minBuilding pad area, maxOpen SpaceGroup usable open space per dwelling unit, min The dimension requirements included in this column apply to a manufactured home park project sites as well as individual siteLot coverage may be increased to as much as 50 percent pending ARC approval, through the design review process. Dwelling unit minimums do not apply to second dwelling units.Hillside Development Plan approval process in Section 25.78.02010 feet side yardThe standards and guidelines presented in this section provide design criteria for the achievement of functional and attunique design techniques in keeping with the character envisioned at the time of approval.Setbacks within the Palm Desert Country Clubin RSetbacks within the Palm Desert Country Clubin R Notes1.2.3.4.5.6.7.8. Page | 15 - 10 1 Palm Desert Country Club Setbacks - Page | 16 Figure 25.10 - 10 or new graphic illustrating setbacks for designated parcels in the Country Club\] Placeholder f \[Chapter 25.10 Residential Districts Dibqufs!36/27! ! ! Dpnnfsdjbm!boe!Joevtusjbm!Ejtusjdut ! ! DIBQUFS!36/27! ! DPNNFSDJBM!BOE!JOEVTUSJBM! EJTUSJDUT! ! Chapter25.16–Commercial and Industrial Districts Sections inThis Chapter 25.16.010Purpose................................................................................................16-1 25.16.020Characteristics of the Commercial and Industrial Districts....................16-1 25.16.030Allowed Land Uses and Permit Requirements......................................16-2 25.16.040Specific Use Standards.........................................................................16-5 25.16.050Development Standards.......................................................................16-6 Changes from existing ordinance: Renumbering/renaming existing code sections All chapters related to commercial and industrial districts have been consolidated into this chapter. Substantive edits to existing code sections All of the commercial and industrial districts, Chapter 25.26 through Chapter 25.36,have been consolidated into this chapter. A land use matrix and a development standards table have been created to capture many of the provisions. An administrative use permit has been created and is utilized in the use matrix. A section on Special Use Provisions has been included to capture any special requirements related to the use permitted within each district. 25.16.010Purpose The purpose of this chapteris to establish commercial and industrialzoning districts in the city, along with allowed use and development standards applicable to those districts.These districts are consistent with and implement the city’s general plan residential land use categoriesas indicated in Table 25.04-1(Zoning Districts). 25.16.020Characteristics of the Commercial and Industrial Districts The following descriptions of each district identifythe characteristic uses, intensity of uses, and intended level of development. A.Office Professional(OP).This district is intended for low-intensitybusiness, office, administrative,and/or professional land uses.Whenproperly located and designed, these uses arecompatible with adjacent residential areas. B.General Commercial(C-1).The purpose of the C-1 district is to provide a principal core area where a series of specialty and general commercial shopping facilities serve the needsof aresort communityand city residents. C.Planned Commercial (PC).This districtprovidesfor flexibility in development, for creative and imaginative design,andfor the development of parcels of land as coordinated projects to provide a range of commercial centers, as follows: 16-1|Page Chapter 25.16 Commercial and Industrial Districts 1.Specialty Commercial Center(PC-1).Thespecialty centerprovidesthe specialized needs of locations in the city created by their proximity to particular land uses. 2.District Commercial Center(PC-2).The district centerprovidesconvenient shopping opportunities outside of the core commercial area. Future development in Palm Desert will occur largely as a series of planned residential developments and neighborhoods. The integration of small-scale commercial uses into planned residential developments is recommended as desirable in relation to providing a distinct identity to various residential areas and increasing the convenience of commercial facilities to the market they most directly serve. 3.Regional Center(PC-3).The regional center providesa unified area for commercial uses which offer a wide range of goods and services,including comparison and convenience shopping, major financial and administration center, entertainment, and cultural and recreational uses. 4.Resort Center(PC-4).The resort center concept is to provide for the development ofhotel, entertainment,and restaurant facilities with related commercial uses,particularly for the area along Highway 111, westerly of the Palm Valley Channel. D.Service Industrial (SI).This districtallowsfor the manufacture, distribution,and service of products intended for usewithin Palm Desertand adjacent communities.Large-scale and more intense industrial useswould not be consistent with theresidential, resort, and recreational character of the community. E.Planned Industrial (PI).This districtprovidesfor a mixture of light industrial, research, and community facility uses, both public and private. The PI district is further intended to provide for the optimum integration of urban and natural amenities within developments. 25.16.030Allowed Land Usesand Permit Requirements Table25.16-1(Use Matrix for Commercial and Industrial Districts)identifies allowed uses and corresponding permit requirements for the commercial and industrialdistrictsand all other provisions of this title.Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions).Thespecialuse provisions column in the tableidentifies the specific chapteror sectionwhere additional regulations for that use type are located within this ordinance. Use regulations in the tableare shown with representative symbolsby use classification listing: “P” symbolizes usespermittedby 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 arenot listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). Chapter 25.16 Commercial and Industrial Districts16-2|Page Table 25.16-1:Use Matrix forCommercial and Industrial Districts Commercial/Industrial District Special Use (P=Permitted; A=Administrative Use Permit; Provisions C=Conditional Use Permit; N=Not Permitted) OPC-1PC-1PC-2PC-3PC-4SIPI Residential Uses Caretaker housingNNNNNNPP25.16.040.A CondominiumCCCCNCCN25.16.040.B Dwelling, duplexCCCCNCCN25.16.040.B Dwelling, multifamilyCCCCNCCN25.16.040.B Dwelling, single-familyCCCCNCCN25.16.040.B Group homeCCCCNCCN25.16.040.B Single-room occupanciesNNNNNNCC Homeless ShelterNNNNNNPP Recreation, Resource Preservation, Open Space, and Public Assembly Uses Amusement facility, indoorsNNNPPNNN Amusement facility, outdoorsNNNPPNNN Community facilityNNNNNNPP Day care centerNCCCCCNN Emergency sheltersNNNNNNPP Entertainment facility, indoorNNNNPPNN Entertainment facility, outdoorNNNNPPNN Institution, educationalCNCCCNCC Institution, generalCNCCCNCP Institution, religiousCNCCCNCC Mechanical or electronic games, NPNPPNNN 1 Mechanical or electronic games, NNAANNN C Open space(developed or natural)NNNNNNNP Recreation facility, commercialNNNPPNNN Recreation facility, privateNNNPPNNN Theater/auditoriumNNNPPNNN Utility, Transportation, Public Facility, and Communication Uses Commercial communication towerCCCCCCCC25.16.040.C Commercial parking lotCPNNNNNN Public utility installationNCNNNNPP Public facility (utility or service)NNNNNNPN 16-3|Page Chapter 25.16 Commercial and Industrial Districts Commercial/Industrial District Special Use (P=Permitted; A=Administrative Use Permit; Provisions C=Conditional Use Permit; N=Not Permitted) OPC-1PC-1PC-2PC-3PC-4SIPI Utility facilityNNNCNNPP Retail, Service, and Office Uses AdultentertainmentNNNNNNPN25.16.040.D Ancillary commercialANPNNNNP25.16.040.E Art galleryAPPPPPCN Art studioAPNPPPCN Bed and breakfastNCCCCCNN Business support servicesNNNNNPNN Convention and visitorsbureauNPPPNPNN DrugstoreNPPPPNNN Financial institutionCPPPPNNN Grocery storeNCNPPNNN25.16.040.F 1 Health club, gyms or studiosNNPPPCN C HotelNCPPNPNN Liquor storeNPPPPNNN Liquor, beverageandfood items NPPPPPNN shop Medical, clinicPPNPPNNN Medical, officePPPPPNNN Medical, hospitalNPNNNNCC Medical, laboratoryPNNNNNPP Medical office, accessoryNNNNNNPP25.16.040.G Medical, research facilityNNPNNNCC MortuaryNCNNNNPP Office, professionalPPNPPPPN Office, local governmentPPNNNNPP Office, travelagencyPPNPPPNN 1 Outdoor salesNNAAAAN C Personal servicesNPNNNPNN 1 RestaurantNNCCPCN25.16.040.H C RetailNPPPPPNN Retail, bulky itemsNPNPPPNN Chapter 25.16 Commercial and Industrial Districts16-4|Page Commercial/Industrial District Special Use (P=Permitted; A=Administrative Use Permit; Provisions C=Conditional Use Permit; N=Not Permitted) OPC-1PC-1PC-2PC-3PC-4SIPI Spa NPNNNPNN Time-share projectNCCCCCNN Automobile and Vehicle Uses Automotiverental agencyNPNNNPPN Automotiveservice stationNCNCCNCN Vehicle service andstorage facilityNNNNNNPP25.16.040.I Industrial, Manufacturing, and Processing Uses Industrial planned unit development NNNNNNPP Light industrial and research and NNNNNNPP development Maintenance facilityNNNNNNPP Pest control facilityNNNNNNPP Preparation of foodstuffsNNNNNNPP Production of home and office NNNNNNPP decor accessories Warehouse or storage facilityNNNNNNPP 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. 25.16.040SpecificUse Standards The following provisionsapplyas indicated to the uses listed in Table 25.16-1 (Use Matrix for Commercial and Industrial Districts): A.Caretaker housing.Permitted only when incidental to and on the same site as a permitted or conditionaluse. B.Residential (mixed use).Residential uses may be established and maintained to be compatible with the permitted or the approved conditional uses in the vicinity. C.Commercial communication tower.All communication towersand antennasshall satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna Regulations). D.Adult entertainment.All uses defined as adult entertainment are required to meet the provisions established by Section 25.34.110(Adult Entertainment Establishments). 16-5|Page Chapter 25.16 Commercial and Industrial Districts E.Commercial (ancillary).Applicable only to office complexes that occupy a minimum of two acres. Restaurant uses shall not exceed 10 percent of the gross leasable floorarea and the total ancillary commercial uses, including restaurants, shall not exceed 25 percentof the gross leasable floor area of the complex. F.Grocery stores.Limited to a maximum building size of 60,000 square feetin PC-3. G.Medical services,acessory.Permitted only when ancillary toand in conjunction with the operation of a hotel. H.Restaurants.With the exception of the Freeway Commercial Overlay, drive-in and drive-throughfacilities are prohibited. I.Vehicle service and storage facility.The storage facility must be completely screened. 25.16.050Development Standards The development standardsincluded inTable 25.16-2(Commercial and Industrial District Development Standards) are applicable to the commercial and industrial districts.These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) in this ordinance,are intended to assist property owners and project designers in understanding the City’s minimum requirements and expectations for high-quality development. A.Special setback requirements.In addition to the setback requirements in Table 25.16- 2 (Commercial and Industrial District Development Standards) the following special setback provisions apply: 1.On interior lots in the PC zone districts,setbacks shall be the greater of the setback requirementlisted in Table 25.16-2 (Commercial and Industrial District Development Standards), or as listed in subsection B. below (building setbacks from planned street line), or one foot ofsetback for every foot of building height measured from the ultimate curb location. 2.On corner lots in the PC zone districts, buildings shall be setback from the corner the greater of the setback requirements on Table 25.16-2 (Commercial and Industrial District DevelopmentStandards), or as listed in subsection B. below (building setbacks from planned street line), or a minimum of 2feet for every foot of building height and shall not encroach into the daylight triangle defined below. Said setback shall be measured from the ultimate curb location. Said building height shall be measured from adjacent curb height. 3.Daylight triangle means the triangular area formed by the ultimate curb lines and a base line connecting the two curb lines. The base line shall be established at a setback distance of 2feet for each foot of building height measured from the midpoint on the radius of the curb at the intersection to form a right angle with the base line. 4.Buildings or portions of buildings on corner lots falling outside of the daylight triangle shall be setback the greater of the setback requirements listedin Table 25.16-2 (Commercial and Industrial District Development Standards), or as listed Chapter 25.16 Commercial and Industrial Districts16-6|Page in subsection B. below (building setbacks from planned street line), or a minimum of 1foot of setback for eachfoot of building height measured from the ultimate curb location. 5.On lots where the City has vacated right-of-way in favor of a super block development concept, new buildings shall not encroach into the vacated property and shall be setback as if the former property line wasstill in existence. Where the City wishes to acquire property to implement a super block concept, said acquisition shall be accomplished through purchase of the needed property rather than the trading of development rights. 6.For purposes of this section,ultimate curb location means the curb location when the street is constructed to its ultimate width as shown in the circulation element of the general plan. B.Special Standards within Planned Commercial (PC) districts.The minimum setback within the PC district shall be the designated distances from the ultimate right-of-way line of the streets hereinafter specified unless otherwise provided in this section or in the approved precise plan: 1.Building setbacks from planned street lines: Table 25.16-2: Setbacks from Planned Street Lines Street TypeSetback Distance Freeway50 feet Major32 feet Arterial32 feet Collector25 feet Local25 feet 2.Exceptions:Development standards within the PC districts may be modified through the precise plan process as specified in Section 25.72.030 C.Special standardswithin General Commercial (C-1) district. 1.All uses shall be conducted wholly within enclosed buildings except those specifically approved to be conducted in the open. 2.Where the general commercial district abuts a residential district, a fence or wall 6feet in height shall be located adjoining the property line except adjoining a required front yard. All general commercial district property lines adjoining a residential district shall be landscaped with plant materials for an area 10feet in depth. 3.All nonpaved areas shall be landscaped and treated or maintained to eliminate dust. 16-7|Page Chapter 25.16 Commercial and Industrial Districts 4.The noise level emanating from a commercial use or operation shall not exceed 5dB(A)above the ambient noise level on the site. If the commercial use is adjacent or across a street or alley from a residential use or vacant residentially zoned lot and the increased ambient noise level is above 65dB(A) CNEL at the residential lot line, the commercial operator shall provide mitigation of the noise by 5dB(A) or so that ambient noise level is no higher than 65dB(A) CNEL. D.Special standardswithin the Service Industrial (SI) district. Sound shall be muffled so as not to become objectionable due to intermittence, beat frequency,or shrillness. The measurements of sound shall be measured at the lot lines and shall be measured to decibels with a sound level meter and associated octave band filter, manufactured according to standards prescribed by the American Standards Association. Maximum permissible sound pressure levels shall comply with the limits at table 25.16-2 and the following standards: Table 25.16-3: Maximum Permitted Decibles OctaveBand in Cycles-Adjacent Residential District Lot Line of Use in the SI Second(decibles)Boundaries(decibles)Zone(decibles) 0–757279 76–1505974 151–3005266 301–6004659 601–12004253 1201–24003947 2401–48003441 Above 48003239 1.The maximum sound pressure level in decibels shall be 0.002 dynes per square centimeter. 2.Toxic gases or matter shall not be emitted which can cause any damage to health, animals,or vegetation, or other forms of property, or which can cause any excessive soiling beyond the lot lines of the use. 3.Vibration from any machine, operation,or process which can cause a displacement of .003 of 1inch as measured at the lot lines of the use shall be prohibited. Shock absorbers or similar mounting shall be allowed which will reduce vibration below .003 of 1inch as measured at the lot lines. 4.Glare and heat from any source shall not be produced beyond the lot lines of the use. 5.Storage of refuse, trash, rubbish,or other waste material outside a permanent building shallbe kept in enclosed containersin areas other than the front and side yards. Chapter 25.16 Commercial and Industrial Districts16-8|Page 6.Lighting, including spotlights, floodlights, electrical reflectors,and other means of illumination for signs, structures, landscaping, parking areas, loading and unloading areas,andthe like shall be focused, directed, and so arranged as to prevent glare or direct illumination on streets or adjoining property. 7.Unless specific additional uses are permitted by the certificate of occupancy,the use of radioactive materials within the SIdistrict shall be limited to measuring, gauging and calibration devices, as tracer elements, in x-ray and like apparatus, and in connection with the processing and preservation of foods. In no event shall radioactivity, when measured at each lot line,bein excess of 2.7 x10-11 microcuries per milliliter of air at any moment of time. 8.Electrical and electronic devices and equipment shall be suitably wired, shielded, and controlled so that in operation they shall not, beyond the lot lines, emit any electrical impulses or waves which will adversely affect the operation and control of any other electrical or electronic devices and equipment. (Ord. 96 § 1, 1975, Exhibit A § 25.20-7.16) E.Special standards within the OfficeProfessional (OP) district. 1.When adjacent to single-story residential, the rear and interior side yard setbacks shall be increased by 6.43 feet for each foot of building height above 18 feet up to 25 feet tall. See table below: Table 25.16-4:AdditionalSetbackin OP District HeightSetback Distance 19 feet26.43 feet 20 feet32.86 feet 21 feet39.29 feet 22 feet45.72 feet 23 feet52.15 feet 24 feet58.58 feet 25 feet65 feet 2.Second-story Windows: No second-story windows allowed with open views to adjacent single-story residential zones. 16-9|Page Chapter 25.16 Commercial and Industrial Districts Page | 6 10 - –– – PI 30’30’30’ 5 ac100’100’ 50% None 35’, 2 16 0’/30’ stories 55 –––– SI 20’10’ 100’100’ None 30’, 2 0’/10’0’/25’ stories 20,000 sf 1 10 8 4 - –– – 30’15’20’10’ 35’ 4 ac None PC 20% No minNo min 1 3 - ––––– 35’30’ 40%20% NoneNoneNone 35 ac PC 1 3,43,4 2 - ac –– 30’20’ 5 50%15% NoneNone 15 ac PC 0’/20’0’/20’ 40,000 sf 1 3,43,4 1 - –– 10’ 4 ac 40%15% NoneNone 10 ac25’, 2 Commercial/Industrial District PC stories 0’/20’0’/20’ 30,000 sf 1 - ––– 5’5’ 80’ 30’ C 100’ No max No max 10,000 sf 7 ,7 3,4 3,4 P – 70’ O : Commercial and Industrial District Development Standards aveave 140’min, 15’ 50% None 4 -0’/20’ 15,000 sf0’/20’ 18’ to 25’ 12’12’ min, 15’ Table 25.16 9 min min 2 max Lot DimensionsLot size, minLot size, Lot width, minLot depth,SetbacksFront yard, minSide yard,Street side yard, minRear yard, minCoverageLot coverage, max percent of lot areaBuilding MeasurementsHeight, maxBuilding size, maxLandscapingRequired landscaping, min percentage of lot areaDepth of landscaping in street setback area, min Chapter 25.16 Commercial and Industrial Districts PI SI 46’56’66’ or a joint use commercial and residential 1 4 - ––– PC tion area with an adequate irrigation system. and the minimum rear setback is 25 feet. 1 3 - 10 feet ––– is . PC . 1 2 - ––– 25.72.030 PC the setback is zero 1 1 - ––– Commercial/Industrial District PC me lot line of the abutting parcel is set back at 0 feet and both parcels are developed at the 30 feet. lly zoned property, is Chapter 25.16 Commercial and Industrial Districts 1 - ––– C usable landscaped open space and outdoor living and recrea . must be ements) P ––– O equir ee Section 25.16.050 E (Additional Setback in OP District). . tial zoned property, the height limit of the site area height s ’ percent zone is adjacent to a commercially or industria 2 - 25 story residential, sfamily residen zone is adjacent to a residentially zoned property, the minimum required setback for a commercial structure -- 2 - PC 1 or PC - PC 1, or , 25.16.050 A (Special Setback R- OP nn PC ection Development standards may be modified through the precise plan process as specified in Section See SWhen aWhen astructure is two times the buildingWhen an SI zone is adjacent to or across the street from residentially zoned property, the minimum side setback The side yard setback may be 0 feet where the main building structure on the sasame time.When adjacent to singleWithin 100 feet of singleThis standard refers to the maximum area for any single commercial enterprise.For hotels, a minimum of Page | : 11 - . Private Road WidthNo parking, minParking on 1 side, minParking on both sides, min ....... Notes1.2.345678910 16 ! ! ! Dibqufs!36/33! DIBQUFS!36/33! ! Tqfdjbm!Ejtusjdut TQFDJBM!EJTUSJDUT! ! ! Chapter 25.22–Special Districts Sections in This Chapter 25.22.010Purpose................................................................................................22-1 25.22.020Characteristics of Special Districts........................................................22-1 25.22.030Allowed Land Uses and Permit Requirements......................................22-1 25.22.040Development Standards.......................................................................22-3 25.22.050Study District.........................................................................................22-4 25.22.010Purpose The purpose of this chapter is to establish zoning districts in the cityspecifically reserved for public, institutional,and open space use and to providea list of permitted uses and general development standards. These districts are consistent with and implement the city’s general planas indicated in Table 25.04-1(Zoning Districts). 25.22.020Characteristics of Special Districts The following descriptions of each residential district identify the characteristic uses, intensity of uses, and level of development intended for that district. A.Public/Institutional (P).The purpose and intent of the P district is to provide for the orderly establishment of public facilities, expansion of their operations, or change in the use of lands owned, leased,or otherwise controlled by governmental agencies and for the orderly establishment of quasi-public institutional uses. B.Open Space (OS).The open space district is intended to provide for areas reserved for parks, public or private recreation, open space and governmental public uses, or areas where a hazard to the public may exist. C.Study District (S).The purpose of the study district is to provide the opportunity for review of areas where changing conditions or inadequacy of existing zoning regulations indicate the need for special study and possible amendments to this title. Table 25.22-1 (Use Matrix for Special Districts) and Table 25.22-2 (Special DistrictDevelopment Standards) do not apply within the study district.Provisions within 25.22.050 apply to this district. 25.22.030Allowed Land Uses and Permit Requirements Table 25.22-1(Use Matrix for Special Districts)identifies allowed uses and corresponding permit requirements for the residential districtsand all other provisions of this title. Use regulations in the table are shown with representative symbol by use classification listing: “P” symbolizes uses allowed by right, “C” symbolizes uses that require approval of a conditional use permit, and “N” symbolizes uses that are not permitted.Uses that are not listed are not permitted. However,the Commission may make a use determination as outlined in Section 25.72.020 (Use Determination). 22-1|PageChapter 25.22 Special Districts Table 25.22-1:Use Matrixfor Special Districts SpecialZoning Special Use Key: DistrictProvisions P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) POS Residential Uses 1 Condominium C N 1 Dwelling, duplex C N 1 Dwelling, manufactured C N 1 Dwelling, mobile homeC N 1 Dwelling, multifamily C N 1 Dwelling, second P N 25.34.030 1 Dwelling, single-family C N 1 Farmworker housing C N 1 Group home C N 1 Planned unit development, residential C N Recreation, Resource Preservation, Open Space, and Public Assembly Uses Apiary A P Botanical conservatory A P Cemetery C C Community facility C P Crops and horticulture, limited C P Historic landmark P P Institution, educational C C Institution, general C P Institution, religious C N Kennel C N Library A P Nursery N P Orchard N P Public park C P Recreation facility, commercial C C Recreation facility, private C N Recreation facility, public C P Stable, boarding N C Utility, Transportation, Public Facility, and Communication Uses Chapter 25.22 Special Districts22-2|Page SpecialZoning Special Use Key: DistrictProvisions P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) POS Commercial communication tower C C Section 25.34.130 Electric substation C N Fire station C P Maintenance facility (public only) C C Maintenance yard (public only) C C Public service facility C P Utility facility C C Retail, Service, and Office Uses Medical, hospital C N Office, local government A P Outdoor sales C N Recording studio C N 2 Restaurant N P Notes: 1. Government-supported,-fundedand/or -operated only. 2. Recreation-oriented restaurants, eating and drinking places. 25.22.040Development Standards The development standardsin Table 25.22-2(Special District Development Standards)are applicable to the special districts.These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) in this ordinance,are intended to assist project designers in understanding the city’s minimum requirements. Table 25.22-2: SpecialDistrictDevelopment Standards SpecialZoning District P OS 1 Dimensional Requirements Lot area (minimum) None None Yard requirements None None Building height, max 35’ 30’ Notes: 1. Additional requirements may be required as part of conditional use permitor administrative use permit approval. 22-3|PageChapter 25.22 Special Districts 25.22.050Study District A.Purpose.The purpose of the study district is to provide the opportunity for review of areas where changing conditions or inadequacy of existing zoning regulations indicate the need for special study and possible amendments to this title. B.Rezoning to study district.Any land may be rezoned to a study districtaccording to the provisions within Section 25.78.040 (Amendments –Zoning Ordinance), if the Commission or City planning staff is conducting or will immediately initiate studies or hearings which directly affect the development of the property. C.Nonconforming uses.No use or structure occupying a site immediately prior to its classification as a study district shall become nonconforming by reason of being classified a study district. D.Uses.No new use shall bepermitted by this chapter, either as a permitted use or as a conditional use. No structure may be altered or enlarged. E.Time limitation.Any ordinance rezoning any property to a study district shall expire 12 months from the date of adoption. Notwithstanding, the ordinance establishing a study district may establish an effective date of a lesser duration. Unless zoned to another district before the date of expiration, the property so affected shall revert automatically to the district or districts in whichthe property was included prior to being rezoned to the study district. Chapter 25.22 Special Districts22-4|Page ! ! ! DIBQUFS!36/39! ! PWFSMBZ!EJTUSJDUT! Dibqufs!36/39! ! Pwfsmbz!Ejtusjdut ! Chapter 25.28–Overlay Districts Sections in This Chapter 25.28.010Purpose................................................................................................28-1 25.28.020Senior Housing Overlay District............................................................28-2 25.28.030Medium/High Density Housing Overlay District....................................28-6 25.28.040El Paseo Overlay District......................................................................28-9 25.28.050Mixed Use Overlay District..................................................................28-10 25.28.060Planned Community Overlay District..................................................28-10 25.28.070Freeway Commercial Overlay District.................................................28-12 25.28.080Scenic Preservation Overlay District...................................................28-13 25.28.090Drainageway, Floodplain, Watercourse Overlay District.....................28-14 25.28.100Natural Factors/Restricted Development Overlay District...................28-15 25.28.110Seismic Hazard Overlay District.........................................................28-16 25.29.120Bermuda Dunes Airport Area..............................................................28-16 Changes from existing ordinance: Renumbering/renaming existing code sections Chapter 25.52 (Senior Housing Overlay) is now Section 25.28.020. Chapter 25.54 (Scenic Preservation Overlay ) is now Section 25.28.080. Chapter 25.46 (Drainageway, Floodplain, Watercourse Overlay) is now Section 25.28.090 Chapter 25.50 (Natural Factors Overlay) is now Section 25.28.100 (Natural Factors/Restricted Development Overlay District). Chapter 25.48 (Seismic Hazards Overlay) is now Section 25.28.110. Substantive edits to existing code sections Section 25.28.030 (High Density Overlay) is new (based on anresolutionthat was never codified by ordinance). Section 25.28.050 (Mixed Use Overlay) is new and is a “floating” overlay which means it can be applied to any parcel with any based zoning designation. 25.28.010Purpose The overlay zoning districts established in this chapter are designed to supplement the use regulations and/or development standards of the applicable underlying base zoning district by recognizing distinctive areas of the city that have special and uniquesocial, architectural, or environmental characteristics which require special considerations not otherwise adequately provided by the underlying base zone applicable to the property. 28-1|PageChapter 25.28 Overlay Districts 25.28.020Senior Housing Overlay District A.Purposeand applicability.The purpose of the Senior Housing Overlay (SO) district is to provide optional standards and incentives for the development of a wide variety of specialized housing designed for and restricted to residents over the age of 55. Whenever the SO has been addedto a base zone, the applicant may choose whether to use the optional SO standards or the standards of the base zone. B.Uses permitted by approved precise plan and conditional use permit.Uses permitted by approved precise plan and conditional use permit shall be residential retirement developments consisting of attached or detached units for rent or sale and associated recreational facilities and involving varying degrees of support arrangements, ranging from completely independent living to community food service and healthcare. C.Development standards.Development standards shall be flexible to ensure efficient site planning and neighborhood compatibility and to reflect the unique requirements of senior citizens. D.Density and intensity. 1.Due to smaller unit and household sizes, project density (units per acre) shall be determined by intensity (persons per acre)and age. 2.Overall project population shall be calculated according to the following factors: Table 25.28-1: Persons Per Unitin Senior Housing Unit SizePersons per Unit Studio1.25 One bedroom1.75 Two bedroom2.00 Chapter 25.28 Overlay Districts28-2|Page Figure 25.28-1: Height and Setback From R-1 Zone 3.Allowable Population/Gross Acre (P/A).Density shall be equal to P/A. The maximum density shall vary with project site area. Projects on larger sites will be allowed greater density due to increased opportunity for common open space and site planning efficiencies of scale. Table 25.28-2:Allowable Population per Gross Acrein Senior Housing Project Site AreaP/A Less than 2.49 acres30 2.5 to 9.99 acres40 10 acres or more+ 50 4.Senior housing projects shall be divided into two age restriction classifications: 55minimum and 62minimum. Due to greater activity levels of age 55projects, allowable P/A shall be reduced by 25percent. 5.Unit Sizes. Minimum allowable unit sizesin square feet (sf) shall vary according to presence or absence of a common project dining facility. Each unit shall contain,as a minimum, akitchen includingtwo burners, anoven, a refrigerator/freezer, asink, counter space,and storage. 28-3|PageChapter 25.28 Overlay Districts Table 25.28-3:Unit Size in Senior Housing Common Dining Unit Size WithWithout Studio360 sf450 sf One bedroom500 sf600 sf Two bedroom700 sf800 sf 6.Example of Density and Intensity Calculations.The following table illustrates how projects of different characteristics would calculate allowable density and intensity limits: Table 25.28-4: Examples of Density and Intensity Calculations PermittedUnit Size Project Permitted Population Size Units (assumes all 2 bedroom)(without common dining) Age 55–62 Age 62 +Age 55–62Age 62 + (25% reduction) 5 acres150200 (40 P/A)75100800 sf 10 acres375500 (50 P/A)188250800 sf E.Height and setbacks. 1.Adjacent to R-2 and R-3 zones, the height restriction associated with those zones shall apply. 2.Adjacent to R-1 zones, the following setback and height limitationsshall apply: Table 25.28-5:Height and Setback for Senior Housing Minimum SetbackHeightMax. 20 feet18 feet 50 feet22 feet 120 feet24 feet 3.The Commission and ARCshall pay special attention to second-story windows facing the rear yards of R-1 properties to ensure privacy. Chapter 25.28 Overlay Districts28-4|Page F.Accessibility. 1.All second-story units shall be serviced by elevators. 2.All common areas shall be wheelchair accessible. 3.Handicapped unit design shall meet requirements for state Title 24 handicapped- access regulations. G.Parking requirement. 1.Parking ratios based on age groupshall be based on the following: Table 25.28-6:Parking Required for Senior Housing Age MinimumParking Ratio 551.25 per unit 621.00 per unit 1 62+0.75 per unit 1. With PC approval according toG.2. 2.Projects which by their design appeal to age categories significantly older than age 62 may request reduced parking requirements if it can be demonstrated that less demand will be generated. The Commission may reduce the parking requirement to 0.75 spaces per unit if the project applicant demonstrates less demand to the satisfaction of the Commission. H.Affordability requirements.A portion of any project with 10or more dwelling units shall be reserved and made affordable to lower-and moderate-income residents. 1.For projects between 10and99units, 10 percent of the units shall be affordable tolower-incomeresidents and 10 percent tomoderate-income residents. 2.Projects with 100or more units shall be required to provide an additional 5 percent affordable tovery low-income residents. 3.The total number of these controlled units shall not exceed the additional units allowed by the SO district or the density allowed by the base zone. 4.The applicant shall be responsible for proposing the methods to achieve the program goal, which may vary depending upon the nature of the housing and the degree of additional services provided. 5.The Commission shall have flexibility in reviewing and approving innovative proposals. 28-5|PageChapter 25.28 Overlay Districts I.Very low, lower, moderate income defined.Very low income shall be equivalent to 50 percent of median income; lower income, 80 percent of median; and moderateincome, 100percent of median as shown on the latest US Department of Housing and Urban Development (HUD) estimates for the Riverside/San Bernardino area or on other,more specific HUD estimates for senior citizens. J.Projects approved under this section must be used solely for senior citizen housing unless special approval is granted by the Council. K.The applicant shall, as a condition of approval, submit a maintenance bond to ensure exterior maintenance for a period of time satisfactory to the City. 25.28.030Medium/High Density Housing Overlay District A.Purpose. The purpose of the Medium/High Density Housing Overlay (MHDO) district is toprovide the opportunity for the development of higher density residential projects in portions of the University Park Area designated Medium Density Residential (R-M) in the General Plan, provided the standards set forth in this Chapter are met. This overlay district also includes Medium DensityDevelopment Guidelines for medium density residential land use projects. Wherever the MHDOhas been applied to a property in the Planned Residential (P.R.-5) zone withint the University Park Area, an applicant may request the application of MHDO standards to the project or may propose development consistent with the standards of the base zone. Properties within the P.R.-5 zone qualify for densities of up to 5 units per gross acre, but can achieve greater densities through inclusion of affordable units. With the application of the MHDO, densities could range from 10 to a maximum of 22 dwelling units per acre, based on factors set forth in this Chapter. B.Precise plan for higher densities. Higher densities pursuant to the MHDOmay be requested by applying for approval of a Precise Plan.In addition to meeting the criteria for the Precise Plan, the application must demonstrate compliance with the standards for the P.R.-5 zoneand standards contained within this section.The appropriate level of density between 10 and 22 dwelling units per acre will be determined in part based on the standards of this section. C.High density housing development standards.The development standards set forth herein are flexible in order to insure a balanced mix of residential densities in the University Park Area. The goal of these development standards is to improve pedestrian access to commercial services, public transit, schools, and parks, while also insuring a mix of desnities and affordability levels in the University Park Area. 1.Percentageof units available for homeownership. In determining the appropriate density for a project under the MHDO, the City shall consider the percentage of units that will be available for occupant ownership.Projects that provide for ownership of more than 50 percent of the dwelling units shall generally be eligible for densities on the upper half of the density scale allowed under the MHDO. Projects that provide for ownership of less than 50 percent of the dwelling units shall generally by eligible for densities on the lower half of the density scale allowed under the MHDO. Chapter 25.28 Overlay Districts28-6|Page 2.Proximity to public transportation. In determining the appropriate density for a project under the MHDO, the City sall consider proximityto public transportation. Properties that are closer to major public transit corridors (primarily along Cook Street) should be eligible for higher densities under the MHDOthan projects located away from transit facilities. 3.Proximity to schools, parks, and commercial services.In determining the appropriate desnity for a project under the MHDO, the City shall consider proximity to schools, parks, and commercial services. Properties located closer to areas zoned for “Open Space –Parks,” “Regional Commercial.” “Community Commercial,” and “Public Facility/University” should be eligible for higher densities under the MHDOthan projects located farther away from such properties, 4.Percentage of units reserved as affordable. If the developerseeks higher desnity pursuant to the MHDO, the entirety of the project shall be made affordable to very low-, low-, or moderate-income residents, or any combination thereof. The developer shall agree to record any and all affordability restrictions against the property as deemed necessary by the City to ensure continued affordability. Affordability restrictions for rental properties must remain in place for a minimum of 55 years. 5.Landscaped open space integral to high density development. In determining the appropriate density for a project under the MHDO, the City shall consider whether the property exceeds landscaping requirements.Properties that demonstrate the following should be eligible for higher densities under the MHDO: i.Water efficiency measures that exceed currentMunicipal Code requirements; ii.Dedication of areas to landscaped parkways, project perimeters, or both, in excess of current Municipal Code requirements; iii.Landscaping in internal areas of the project in excess of the minimum requirements of the Municipal Code; and iv.Inclusion of recreational spaces, such as private yards, public pocket parks, or other such amentities, in excess of the minimum requirements of the Municipal Code. 6.Consistency with community design element. Applications for approval of higher densities pursuant to the MHDOdemonstrate consistency with the Community Design Element of the General Plan. 7.Potential fiscal impact of high-density development. Application for approval of higher desnities pursuant to the MHDOshall be accompanied by a project pro forma, which shall include all costs of development, internal rates or return, and anticipated sales or rent structures. 28-7|PageChapter 25.28 Overlay Districts 8.Water supply and efficiency. In determining the appropriate desnity for a project under theMHDO, the City shall consider the sufficiency of water supply for the proposed development. Project that incorporate water conservation measures, including, but not limited to, “blended” water systems, on-site recycling, use of gray water for landscaping irrigation, and water efficient fixtures, should be eligible for highwe desnities under the MHDOthan projects with less water efficient features. 9.Energy efficiency. In determining the appropriate desnity fr a project under the MHDO, the City shall consider energy efficiency. Projects that incorporate energy efficiency measures exceeding the requirements in Section 23.40 of this Municipal Code should be eligible for higher densities under the MHDOthan projects that incorporate less efficient features. All projects shall explore the use of alternative energy sources, includeing solar energy systems. 10.Air quality. Projects seeking higher density pursuant to the MHDOshall utilize, to the extent feasible, low volatile organic chemical (VOC) adhesives, sealants, paints, coatings and carpet systems. D.Medium density development guidelines.The medium density development standards set forth herein provide design criteria for the achievement of functional and attractive developments that fit within the context of the City.This overlay may be applied to areas designated as medium density or higher in the general plan. 1.Medium density development standards are as follows: Table 25.28-7:Medium Density Development Standards MeasurementStandard AverageLotSize3,500sq.ft. MinimumLotSize3,000sq.ft. LotCoverage (MainStructure) 50% FrontYardSetbacks (minimum): MainResidence: MainLivingArea15 feet OpenPorch10 feet Garage(frontaccess,whereprovided)20feet-frombackofsidewalk Garage(side-inaccess)10feet-frombackofsidewalk RearYardSetback20 feet SideYardSetback: garage Interior5 feetI0-feetfor CornerIStreet 10 feet GarageSame as house BuildingHeight: PrimaryStructure18feet/onestory,24feet/twostories AccessoryStructure18feet(mainbuildingenvelope) Chapter 25.28 Overlay Districts28-8|Page 2.Exceptions.Exceptions to the criteria contained within the Development Plan may be appropriate with the application of innovative and unique design techniques in keeping with the character envisioned at the time of approval. E.Increased density allowances.Subject to a conditional use permit, a residential density of up to 22dwelling units per acre may be permitted with the MHDOdistrict. In addition to the required findings for a conditionaluse permit, the following findings must also be made: 1.The mix of residentialproduct type, residential tenure (rental or ownership units), and percentage of affordable units are appropriate for the neighborhood. 2.Unless age-restricted as a retirement community, the development must have practical access to public transportation, employment,commercial services, schools,parks, and non-motorized transportation. 3.The site design, architecture, and use of open spacequality of the project must beequal to or greater than surrounding properties. 4.The project will not place anundue fiscalburden on municipal services. F.Uses.Any permitted or conditional use which is allowed within the base district shall be allowed, subject to the increases in densities provided within the overlay district. 25.28.040El Paseo Overlay District A.Intent and purpose.El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse but compatible businesses which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian-oriented uses, this chapter shall regulate the type of new uses which may occupy El Paseo street-level commercial frontage constructed after July 1, 1987. B.Permitted uses.The following retail/personal service uses shall be liberally construed to be permitted uses within the El Paseo pedestrian commercial overlay: 1.Art galleries 2.Book and card shops 3.Clothing and apparel shops 4.Furniture stores and home furnishings 5.Gift and accessories boutiques (including small antiques) 6.Jewelry shops 7.Liquor, beverage, and food item shops 8.Luggage shops 28-9|PageChapter 25.28 Overlay Districts 9.Personal care/products shops and services (including barbering and cosmetology) 10.Restaurants 11.Sundries shops (general merchandise) C.Conditional uses.The Commission may, by conditional use permit, approve commercial uses not listed above if they are determined to be compatible with the intent and purpose of this chapter. 25.28.050Mixed Use Overlay District A.Purpose and intent.The purpose of the Mixed-Use Overlay (MU) district is to provide special flexibility within areas zoned for commercial or office development to allow for the addition of residential development. All base zoning district listed in Chapter 25.16 (Commercial, Office andIndustrial Districts) are eligible for the MU overlay. B.Applicability.The MU district applies to areas of the city indicated on the zoning map by the reference letters “MU” after the reference letter(s) identifying the base zoning district. C.Development standards.The following provisions are applicable to properties designated MU: 1.Residential density shall be permitted up to 24 dwelling units per net site acre (in addition to any commercial square footage). 2.Residential units may be provided in addition to other development permitted or conditionally permitted on the project site. 3.Residential units may be provided on upper levels of commercial and/or office buildings or may be located in a separate building adjacent to commercial and/or office structures. 4.An additional 12 feetof building height above the specified height limit is permitted within the applicable zoning district. 25.28.060Planned Community Overlay District A.Purposeand applicability. The Planned Community Overlay district allows for the Council to establish larger areas for coordinated land use, and master planning purposes that may include multiple properties. Approval of a Development Plan as outlined inSection 25.72.040 is required for approval of a development in thePlanned CommunityOverlay district. B.Requirements. 1.Site area. A minimum of 100 acres shall be required for a planned community development. Chapter 25.28 Overlay Districts28-10|Page 2.Master plan required. Any application for a planned community overlay zone shall be accompanied by a master plan for the entire areacovered by the application. 3.Ownership. All land in a proposed overlay zone shall be held in one ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. 4.Utilities. The existing utilities systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the planned community overlay zone if determined necessary by the Director. C.Application. An application for an overlay zone shall be submitted by the owner, his or her authorized agent, or the purchaser of the land with the consent ofthe owner. The application shall be prepared by a qualified team of professionals and accompanied by the required application form, master plan, submittal materials,and other information as required by the Director. D.Procedure. 1.Upon receipt of a completeapplication for an overlay zone, the Departmentshall review the application materials and prepare a recommendation to the Commission. 2.The Commission shall hold a public hearing on such application. If it finds the criteria set forth in this chapter have been met, it may establish the overlay zone subject to such conditions as it deems necessary. The Commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety, or welfare. 3.Planned community development applications shall be forwarded along with the community master plan to the Council. The Council shall hold a public hearing and either approve, conditionally approve, or deny the community master plan. The decision of the Council shall be final. E.Termination of overlay zone. 1.The overlay zone and any master plan or other material approved as a part thereof shall become null and void if the physical development of the district is not commenced within two years from date of adoption of the resolution establishing the zone. 2.An extension of time, not to exceed one year, may be granted by the Commission when extenuating circumstances can be clearly shown by the applicant. The request for an extension of time shall be submitted to the Commission in writing prior to the expiration date and shall clearly state the reasons why the physical development of the district has not commenced and such overlay zone has not been utilized. 28-11|PageChapter 25.28 Overlay Districts 3.Partial physical development within the overlay and/or master plan is considered sufficient to maintain the overlay zone designation, and action by the Council in the form of a zoning amendment is required to alter the boundaries, master plan, or development standards. 25.28.070Freeway Commercial Overlay District A.Purposeand 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 FCOZhas been added to a base zone, the owner/applicant may choose whether to use the optional FCOZstandards or the standards of the base zone. In order to obtain approval of uses only permitted in the FCOZ, the project must utilize FCOZstandards. B.Conditional uses.Uses permitted by approved conditional use permit shall be as follows: 1.Restaurants,general,including drive-throughrestaurants 2.Automobile service stations without regard to the required separation distance provisions per Section 25.34.090 (Automotive Service Stations) 3.Convenience stores 4.Car washes 5.Combinations of two or more of the above uses 6.Hotel 7.Commercial recreation and amusement establishments 8.Mini storage 9.Outdoor recreational vehicle and boat storage 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 5acres in size and shall have frontage on a designated arterial street. 3.Drive-up lanes and window facilities shall be designed so as tonot be 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. Chapter 25.28 Overlay Districts28-12|Page 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 FCOZprocess shall provide a minimum of at least 30percent landscaped open space, of which at least half of the common usablepublic space can include apicnic area, a dog park, or a kids land, as well as landscaped setback areas. With a showing of good cause, the Commission may decrease the minimum landscaped open space requirement. 25.28.080Scenic Preservation Overlay District A.Purpose.It is the purpose of the Scenic Preservation Overlay (SP) district to designate those scenic corridors thathave a special aesthetic quality and to provide the opportunity for special standards for development in these areas to protect that quality. This district and the related provisions may be applied according to the procedures established in Section 25.78.030(Amendments–Zoning Ordinance). B.Permitted and conditional uses.Any permitted or conditional use which is allowed within thebase district requires the review and approval of theARCwhich shall have taken specific notice of the fact that such development is within a scenic corridor as noted within the City’s general plan. C.Development standards.At a minimum, the development standards of the underlying base districtshall apply. The ARCmay apply additional standards to ensure that the aesthetic quality of the scenic corridor is preserved. At a minimum, the ARCwill consider the following: 1.Preservation of scenic vistas 2.Setbacks 3.Landscaping 4.Building heights 5.Signs 6.Mitigation of excessive noise impacts D.Specific standards.All SP designations added to the R-2 and R-3 residential districts on the zoning map shall be limited to one story, with the maximum height determined by a line of sight study. 28-13|PageChapter 25.28 Overlay Districts 25.28.090Drainageway, Floodplain, Watercourse Overlay District A.Purposeand intent.The purpose of the Drainageway, Floodplain, Watercourse Overlay (D) district is to designatethose areas of the city that are known to be subject to flooding. This designation and regulations herein are intendedto achieve the following objectives: 1.To prevent loss of life and property and to minimize economic loss caused by flood flows. 2.To establish criteria for land management and use in flood-prone areas that is consistent with that promulgated by the Federal Insurance Administration for the purpose of providing flood insurance eligibility for property owners. 3.To prohibit occupancy or the encroachment of any structure, improvement,or development that would obstruct the natural flow of waters within a designated drainageway, floodway, or watercourse. 4.To regulate and control uses below the elevation of the 100-yearflood flow. B.Applicability. The D overlay district shall be applied to those areas that are known to be subject to flooding as determined by the Council, based on recommendations by the affected flood control district. C.Conditional uses.The following uses and structures shall be permitted in this overlay district subject to the issuance of a conditional use permit by the Commission: 1.New residential, commercial, industrial, and agricultural structures permitted by theunderlying district regulations involved, and when they comply with all of the conditions listed below: i.Flood-proofing and/or flood protective measures shall be required to be installed in a manner meeting the approval of the chief engineer of the affected flood control district. ii.Building and health code requirements applicable to floodplain districts shall be complied with. iii.The bottom elevation or first floor of any structure shall be at least 1foot above the level of the 100-yearflood. Exceptions may be recommended by the building official only for nonresidential structures which are adequately flood-proofed, in accordance with the building code, up to the level of the 100-yearflood. iv.Landfills, improvements, developments, or other encroachment effectson the 100-year flood level such that the water surface elevations of the 100- year flood are increased by more than 1foot shall be fully offset by requirements for stream improvements meeting with the approval of the chief engineer of the affected flood control district. Chapter 25.28 Overlay Districts28-14|Page 2.Public utility facilities. 3.Recreation areas, parks, campgrounds, playgrounds, fishing lakes, hunting clubs, riding and hiking trails, golf courses, golf driving ranges, polo fields, athletic fields, parking lots, all of which involve only the open use of land without permanent structures or improvements. 4.Temporary and readily removable structures accessory to agricultural uses. D.Prohibited uses.The following uses are specifically prohibited in the D district: 1.Excavations that will tend to broaden the floodplain or direct flood flows out of the natural floodplain. 2.Landfills, improvements, developments, or other encroachments that would increase water surface elevations of the 100-year flood more than 1foot or that cannot be fully offset by stream improvements. 3.Storage of floatable substances or materials which will add to the debris load of a stream or watercourse. E.Development standards.The property development standards of the underlying zone shall apply insofar as they pertain to the uses of this district. F.Precise plan review.All development shall be subject to preciseplan review as prescribed in Section 25.72.030(Precise Plan). G.Special standards. 1.Development of hillside canyon areas shall not occur until hydrology is submitted which specifies techniques for management of runoff. The exact location of development shall include the determination resulting from a hydraulic study. 2.Other standards required under conditional use permits shall also apply. 25.28.100Natural Factors/Restricted DevelopmentOverlay District A.Purpose.The purpose of theNatural Factors/Restricted Development Overlay (N) district is to provide for the continued availability of land for the conservation of natural resources and the preservation and protection of wildlife habitat areas and areas with significant natural vegetation as limited resources. The overlay district shall be applied as determined to have the desired characteristics specified above as determined by the Council through the amendment process. B.Permitted uses.All uses permitted in the underlying district shall be permitted in this district subject to careful consideration by the design review process of the preservation of the unique natural element of the property. C.Development standards.All the development standards and requirements set forth in the underlying district shall be complied with.Additional standards for development may be required by the precise plan review process to ensure that modification to existing 28-15|PageChapter 25.28 Overlay Districts natural vegetation and any disturbance of the terrain and natural land features are compatible with adjacent areas and will result in a minimum disruption to the wildlife habitat and natural vegetation on the site. D.Cost of investigations.All costs and expenses incurred as a result of the requirements of this chapter,including the cost and expenses of an independent review of the material submitted under this chapter by qualified persons retained by the City,shall be borne by the applicant. E.Site plan review.All development within this overlay district shall be subject to a precise plan review as provided in Section 25.72.030(Precise Plan). 25.28.110Seismic HazardOverlay District A.Purpose.The purpose of the Seismic Hazard Overlay (SH) district is to protect life and property in the city from the hazards of seismic activity and to set requirements for the level of earthquake consideration that must be incorporated into development proposals prior to design and construction. The overlay district shall be applied to those areas that are known to be within the SHoverlay zone. B.Permitted uses.All uses permitted in the underlying district are permitted subject to the obtaining of a conditionaluse permit approved by the Commission. C.Site development standards.All the development standards and requirements set forth in the underlying district shall be complied with.Standards and requirements in excess of those in the underlying district may berequired in the conditional use permit to mitigate possible seismic-related impacts. D.Geological soils investigation.All applications for a conditional use permit in the SH district shall be accompanied by a combined in-depth geologic and soils investigation prepared by a registered geologist, certified by the state as an engineering geologist, and by a licensed civil engineer qualified in soil mechanics.Required geologic and soils investigations shall be based on the following considerations: 1.Adequate geologic mapping, trenching,and boring to determine that surface faulting and ground breakage has not occurred on the site and is unlikely to occur in the future. 2.Adequate boring and field and laboratory testing to determine accurately the subsurface profile and the static/dynamic properties of the soil/rock materials. 3.Thorough regional studies of all possible causative faults and fault systems which could generate motions at the site. 4.Studies to determine the character of ground motions at the site. 5.Calculation of design response spectra, based on repetition, and on structural properties (damping, ducting). 6.Careful dynamic design of cohesive structures with each element working as a part of the entire structural system. Chapter 25.28 Overlay Districts28-16|Page 7.Thorough study of the ways in which the structure might disassemble if it were to fail, and the inclusion of redundant backup features to control disassembly so that outright collapse cannot occur. 8.Design of anchorage and bracing for all critical instructuresystems (examples: emergency power, heat, light, oxygen supply), based on factors derived from dynamic analysis, providing generous and conservative safety factors. The manufactured equipment and appurtenances purchased for such a facility should be designed likewise. E.Cost of investigation.All costs and expenses incurred as a result of the requirements of this chapter, including the cost and expense of an independent review of the material submitted under this chapter by qualified persons retained by theCity,shall be borne by the applicant for the conditional use permit. F.Site plan review.All permitted uses, except single-family dwellings, and all conditional uses shall be subject to preciseplan review as prescribed in Section 25.72.030(Precise Plan). 25.29.120Bermuda Dunes Airport Area A.Purpose.The purpose of the Bermuda Dunes Airport Area (BDA) district is to Seismic Hazard Overlay (SH) district is to adhere to the Bermuda Dunes Airport compatibility regulations within the Airport Influence Boundary. The overlay district shall be applied to those areas that are known to be within the BDA overlay zone, idenitifed in the Riverside County Airport Land Use Compatibility Plan Policy Document and Figure 25.29-1. B.Permitted uses.All uses permitted in the underlyingdistrict are permitted subject to the Riverside County Airport Land Use Compatibility Plan Policy Document. 28-17|PageChapter 25.28 Overlay Districts Table 25.29-1Bermuda Dunes Aiport Compatibility Plan Chapter 25.28 Overlay Districts28-18|Page ! Dibqufs!36/45! ! Tqfdjbm!Vtf!Qspwjtjpot ! ! DIBQUFS!36/45! ! TQFDJBM!VTF!QSPWJTJPOT! ! Chapter 25.34–Special UseProvisions Sections in this Chapter 25.34.010Purpose and Applicability......................................................................34-2 25.34.020Home Occupations...............................................................................34-2 25.34.030Second Dwelling Units..........................................................................34-6 25.34.040Affordable Housing and Density Bonus Provisions...............................34-7 25.34.050Residential Condominium Conversions..............................................34-14 25.34.060Time-Share Projects...........................................................................34-21 25.34.070Hotels..................................................................................................34-22 25.34.080Temporary Uses.................................................................................34-23 25.34.090Automotive Service Stations...............................................................34-24 25.34.100Restaurants........................................................................................34-26 25.34.110Adult Entertainment Establishments...................................................34-26 25.34.120Medical Marijuana Dispensaries.........................................................34-28 25.34.130Communication Tower and Antenna Regulations...............................34-28 25.34.140Exceptions Based on Unconstitutional Takings..................................34-35 25.34.150Conversion of Abandoned Public Utility Well Sites.............................34-36 Changes from existing ordinance: Renumbering/renaming existing code sections Existing Chapter 25.21 Second Unit Housing is now Section 25.34.030 Second Dwelling Units. Existing Chapter 25.64 Permitted Temporary Uses is now Section 25.34.080 Temporary Uses. Existing Sections 25.56.330–410 Automobile Service Stations are now Section 25.34.090. Existing Sections 25.56.420–450 Take-Out Restaurants are now Section 24.34.100.C Restaurants (Take-Out). Existing Section 25.56.500 Hotel Development Standards is now Section 25.34.070 Hotels. Existing Chapter 25.100 Time-Share Projects is now Section 25.34.060. Existing Chapter 25.104 Communication Tower and Antenna Regulations is now Section 25.34.130. Existing Chapter 25.112 Exceptions Based on Unconstitutional Takings is now Section 25.34.140. Existing Chapter 25.115 Medical Marijuana Dispensaries is now Section 25.34.120. Existing Chapter 25.120 Residential Condominium Conversionsis now Section 25.34.050. Substantive edits to existing code sections Automobile service stations. New purpose statement to correspond to special use regulations. Second dwelling units. Expanded purpose statement to reference compliance with state law. Modified existing references to conditional use permitrequirement and identifies simple plan check/zoning clearance to determine compliance with applicable standards. Removed reference to architectural review (not allowed unless required for all single-family dwellings). Take-out restaurants. Added a new purpose statement to correspond to specific regulations. Modified special setback references to apply to sites directly adjacent to residential property. 34-1|PageChapter 25.34 Special Use Provisions Hotels. Added a new purpose statement to correspond to specific regulations in this section. Temporary uses. Expanded list of temporary uses to include seasonal sales events beyond the current Christmas tree lot listing with 60-day maximum period, added promotional events for commercial businesses with amaximum of 30 days each year. Added separate similar use determination provision. Home occupations. Reorganized and retitled existing regulations and referenced permit procedures in the administration chapter. Wireless communication uses. Expanded permitrequirements and exceptions consistent with relevant laws. 25.34.010Purposeand Applicability This chapter consolidates special regulations for certain land uses in Palm Desert. In some cases, there are legal issues that must be addressed or complied with. In other cases, the City has established unique standards and/or use requirements for the location, development,and/or operation of certain uses. Special use provisions in this chapter must also meet applicable requirements in other chapters of this title. 25.34.020Home Occupations A.Purpose.The regulations set forth in this sectionare provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. B.Applicability.Home occupations are permitted in all residential zoningdistricts, subject to compliance with the standards of this sectionand other relevant requirements of this title. C.Permit requirements and procedures.Establishment and operation of a home-based business shall require approval of a home-based business permit processed by the Directorin accordance with this section. Information shall be provided to ensure that the proposed home-based business complies with the requirements of this chapter. Additional information necessary to make the findings required for approval may be required by the city. Permit may include specific conditions and restrictions necessary to make the use compatible with a residential setting. D.Participants.The permittee shall be the operator of the home-based business and shall be a resident of the dwelling in which the home-based business is located. Only residents of the subject residential dwelling may operate, engage in, or conduct the home-based business, except that not more than one outside person who is not a resident of the subject dwelling may also participate in the operation or conduct of the subject home-based business. For purposes of determining participation, general domestic help will not be considered an employee. E.Permitted uses.The intent is to permit a wide range of home-based businesses which do not negatively impact the residential area. As an ancillary activity to those uses permitted in the applicable residential zone in which the subject site is located, any of the following home-based businesses may be conducted at the site: Chapter 25.34 Special Use Provisions34-2|Page 1.Professional Office Occupation.Professional office occupation is an occupation whose principal product is information, management or design, including but not limited to accounting, architecture, artist/talent management and promotion, brokerage, business/financial management, computer programming and software development, credit/financial counseling, drafting and illustration, engineering, fashion design, interior decoration and design, legal services, marketing and advertising, property management, and writing and editing. The primary means of contact must be by phone, mail, or other electronic form of communication. Professional office activity does not include research requiring the use of hazardous materials and equipment. Professional office activity does not include a medical office. 2.Instructional Services Occupation.Instructional services occupation is an occupation whose principal purpose is to provide cognitive instruction or training, including but not limited to academic tutoring, musical instrument lessons, dance lessons, sports training, or other similar physical performance training. Maximum number of students at any one time shall be limited to six. 3.Home Craft Occupations.Home craft occupation is an occupation that results in a tangible product, including but not limited to dress making, furniture making, toy making, and doll making. Home craft occupations also include artistic products such as sculpting, painting, and other similar forms of creative works when such works are produced with the object of gain, benefit, or advantage for the participant or another person. The conduct of a home craft occupation does not entitle the owner to sell articles manufactured as a result of the home craft occupation on-site or in a residentialzone. 4.Cottage Food Operations.A cottage food operation, as defined in California Health and Safety Code Section 113758, shall be a permitted home-based business provided it complies with all applicable provisions of this subsection and under the California Health and Safety Code, as it may be amended. i.The permit applicant shall be the individual who conducts the cottage food operation from his or her private residential dwelling unit and is the owner of the cottage food operation. The permit shall not be transferable to another operator, nortransferable to another site. ii.The cottage food operation shall be registered or permitted as a “Class A” or “Class B” operation by the Riverside County Department of Environmental Health in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations shall comply with all California Health and Safety Code requirements. iii.Any applicant for a permit under this chapter shall provide to the City, as part of the home-based business application: (1) acopy of the operation’s registration or permit to operate as a “Class A” or “Class B” operation, as required under Health and Safety Code Section 114365, and (2) a copy of the self-certification checklist submitted to and approved by theCounty. 34-3|PageChapter 25.34 Special Use Provisions iv.The permit shall be granted if the application is complete and the cottage food operation complies with the requirements set forth in this chapter, and all other code sections regarding spacing and concentration, traffic control, parking, and noise control. v.A permit issued under this subsection may be revoked for any violation of this chapter or of Section 114365 et seq.of the California Health and Safety Code. vi.The City may, for inspection purposes, access the permitted area of a private home where a cottage food operation is located if the City has, on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation, or that the cottage food operation has violated this chapter and/or California Health and Safety Code Section 114365 et seq. vii.Gross annual sales shall not exceed the amount specified in California Health and Safety Code Section 113758. 5.Residential Estate (RE) Exceptions. i.Home-based businesses or associated storage may be conducted in a dwelling or accessory structure not to exceed 640 square feet. ii.It is unlawful to park or store any commercial vehicle on the property with the exception of one pickup truck or van of 1.5 tons or less. iii.One employee may park his/her vehicle on the subject property for the purpose of driving a commercial vehicle to a remote job site. F.Prohibited uses.The following uses by the nature of the investment or operation have a pronounced tendency once started torapidly increase beyond the limits permitted for home-based businesses and thereby substantially impair the use and value of a residential neighborhood. These specified uses shall not be permitted as home-based businesses: 1.Auto repair and auto body repair 2.Barber and beauty shops 3.Bicycle repair 4.Carpentry work 5.On-site retail, wholesale, consignment sale, or any activity that involves sales or display of equipment, merchandise, or other commodities on the site 6.Laundering service 7.Medical and dental offices 8.Painting of vehicles, trailers, or boats Chapter 25.34 Special Use Provisions34-4|Page 9.Photo studios 10.Private schools with organized classes 11.Upholstering 12.Storage of equipment, materials, and other accessories to the construction and service trades 13.Welding and machining G.Performance standards.The followingperformance standards apply to all home occupations. 1.The establishment and conduct of a home-based business shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved. 2.A home-based business shall be conducted only within the enclosed living area of the dwelling unit or within the garage, provided no garage space required for off-street parking is used. The home-based business shall not occupy more than 25 percent of the combined floor area of the house and garage. 3.The home-based business shall not encroach into any required parking, setback, or open space areas. 4.There shall be no signs, displays, outdoor storage, parked vehicles, or other exterior evidence of business activity. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or other characteristics. 5.No use shall create or cause noise, dust, vibration, odor, smoke, light, glare, or electrical interference or other hazards or nuisances. 6.There shall be no signs other than the address and name of the resident. 7.The home-based business shall not involve the use of commercial vehicles exceeding the manufacturer’s gross vehicle weight rating of 10,000 pounds or more for delivery of materials to or from the premises. 8.The home-based business shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which it is located. 9.If the home-based business is to be conducted on rental property (single-family dwelling), the property owner’s written authorization for the proposed use shall be obtained prior to the submittal for a home-based business permit. 34-5|PageChapter 25.34 Special Use Provisions 10.No tool or instrument used in connection with a home-based business shall possess a power rating of greater than three horsepower. No equipment shall be operated in a manner as to cause a nuisance or a hazard to persons or property in the vicinity of the home-based business. No equipment or activity shall be maintained on the residential site which would result in a change in the fire-safety class or occupancy classification of a residential structure or which otherwise violates any law. 25.34.030Second Dwelling Units A.Purpose and intent.The purpose of this chapter is to provide a mechanism to help expand housing opportunities by allowing second residential units under certain circumstances in areas normally restricted to a single-family unit while preserving the existing character of surrounding single-family neighborhoods.Regulations and permit requirements herein areintended to comply with the requirements of state law. B.Certificate of use and occupancy required.A second dwelling unit shall be permitted within the R-1, R-2, and R-3 zones in compliance with the requirements of this section and other applicable provisions of this title. C.Requirements.Applications for a second unit must meet the following requirements: 1.The parcel must contain an existing residential unit. 2.The second unit may be attached and incorporated within the living area of the existing dwelling, but separate, or may be detached. 3.The floor area of a detached or attached second unit shall not exceed 35percent of the floor area of the originally permitted and constructed primary unit but in no event be less than 400square feet. 4.The unit shall be for rental purposes, or personal use of the property owner. The second unit may not be sold separately from the primary unit. 5.The second unit must be provided with one off-street parking space per bedroom within a garage or carport. For second units with three or more bedrooms, only a minimum of two of the required parking spaces shall be provided within a carport or garage; the other required parking spaces may be uncovered. 6.Any new construction associated with the second unit shall comply with all setbacks, coverage, height,and design standards contained within the base zone and shall not alter the general appearance of the primary dwelling as a single-family residence. 7.The second unit shall have adequate sewer and water services as determined by the Coachella Valley Water District and shall not adversely impact traffic flow. 8.The second unit shall have independent heating and air conditioning systems and shall include separate utility submeters. The hot water system shall be adequately sized to meet the needs of the second unit. Chapter 25.34 Special Use Provisions34-6|Page 9.The design of the second units and any related improvements such as an additional garage or carport shall be compatible with the existing single-family home so as to preserve the character of the surrounding single-family residential neighborhood and shall be subject to review and approval by the ARC. D.The primary unit shall be owner-occupied.If the property owner is unable to occupy the primary unit, it shall remain unoccupied during periods in which the second unit is rented. In no instance may both units be rented. A covenant memorializing this requirement shall be recorded against the property prior to issuance of a certificate of occupancy for the second unit. E.Density limits don’t apply.A second residential unit which conforms to these requirements shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent withthe existing general plan and zoning ordinance designation for the lot. 25.34.040Affordable Housing and Density Bonus Provisions A.Purpose.The purpose of this section is to provide incentives for the production of housing for very low-income, lower-income, moderate-income, special needs, and senior households in the cityand to establish procedures for carrying out the legislative requirements and complying with California Government Code Section 65915et seq. B.Eligibility for density bonus and incentivesand concessions.The City shall grant onedensity bonus, with concessions or incentives, as specified in Section 25.34.040.D (number and types of density bonuses and incentives and concessions allowed), when the applicant for the residential development seeks and agrees to construct a residential development, excluding any units permitted by the density bonus awarded pursuant to this article, that will contain at least one of the following. The applicant shall specify which of the following is the basis for the density bonus. 1.10percent of the total units of a housing development for lower-income households. 2.5percent of the total units of a housing developmentfor very low-income households. 3.A senior citizen housing development or age-restricted mobile home park. 4.10 percent of the total dwelling units in a common interest development as defined in California Civil Code Section 1351 for persons and families of moderate income, provided that all units inthe development are offered to the public for purchase. C.General provisions for density bonus and incentives and concessions.The following general requirements apply to the application and determination of all incentives and bonuses: 34-7|PageChapter 25.34 Special Use Provisions 1.Rounding. All density calculations resulting in fractional units shall be rounded up to the next whole number; except that the percentage of total units proposed to qualify the development for a density bonus shall not be rounded up. For example, for a 200-unit project thatproposes 21 lower-income units (or 10.5 percent), the allowed density bonus would be based on 10 percent lower-income units, not 11 percent. 2.Relation to General Plan, Zoning.The granting of a density bonus, or a concession or incentive, shall not be interpreted, in and of itself, to require a general plan amendment, zoning change (rezone), or other discretionary approval. 3.Density Bonus Excluded in Calculation.The density bonus shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus. 4.Waived or Reduced Development Standards The City shall not apply any development standard that would have the effect of physically precluding the construction of a housing development meeting the requirements of Section 25.34.040.B(eligibility for density bonus and incentives and concessions) at the densities or with the incentives or concessions permitted by this article. A proposed waiver or reduction of development standards shall neither reduce nor increase the number of allowable incentives or concessions under Section 25.34.040.D(number and types of density bonuses and incentives andconcessions allowed). An applicant may submit to the City a proposal for the waiver or reduction of development standards, when standards would have the effect of physically precluding the proposed development, and may request a meeting with the City. Nothing in this subsection, however, shall be interpreted to require the City to waive or reduce development standards if: i.The waiver or reduction would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon health and safety or the physicalenvironment and for which the City determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. ii.This would have an adverse impact on any real property that is listed in the California Register of Historical Resources. iii.The waiver or reduction would be contrary to state or federal law. 5.Multiple Zoning Districts. If the site of a development proposal is located in two or more zoning districts, the number of dwelling units permitted in the development is the sum of the dwelling units permitted in each of the zoning districts based on the site acreage within each zoning district. The permitted number of dwelling units may be distributed within the development without regard to the zone boundaries. Chapter 25.34 Special Use Provisions34-8|Page 6.City Authority. Nothing in this article shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development. 7.Agreement Required i.Prior to the award of a density bonus and any related incentives or concessions, the applicant shall enter into an agreement with the City to ensure the continued affordability of all target units. ii.For all target units, the agreement shall specify the household income classification, number, location, size, and construction scheduling and shall require target units in a project and phases of a project to be constructed concurrently with the construction of non-target units. The agreement shall include such other provisions as necessary to establish compliance with the requirements of this article. D.Number and types of density bonuses and incentives and concessions allowed 1.Density Bonus. A housing development that satisfies the eligibility requirementsin Section 25.34.040.B. (eligibilityfor density bonus and incentives and concessions) of this article shall be entitled to the following density bonus: i.For developments providing 10percent lower-income target units, the City shall provide a 20percent increase above the otherwise maximum allowable residential density as of the date of application, plus a 1.5 percentsupplemental increase over that base for every 1 percent increase in low-income target units above 10 percent. The maximum density bonus allowed including supplemental increases is 35 percent. ii.For developments providing 5 percent very low-income target units, the City shall provide a 20percent increase above the otherwise maximum allowable residential density as of the date of application, plus a 2.5 percent supplemental increase over that base for every 1 percent increase in very low-income target units above 5 percent. The maximum density bonus allowed including supplemental increases is 35 percent. iii.For senior citizen housing developments, a flat 20percent of the number of senior units. iv.For common interest developments providing 10 percent moderate- income target units, the City shall provide a 5percent increase above the otherwise maximum allowable residential density as of the date of application, plus a 1 percent increase in moderate-income units above 10 percent. The maximum density bonus allowed including supplemental increases is 35 percent. 2.Number of Incentives or Concessions. In addition to the density bonus described in this section, an applicant may request specific incentives or concessions. The applicant shall receive the following number of incentives or concessions. 34-9|PageChapter 25.34 Special Use Provisions i.One incentive or concession for projects that include at least 10 percent of the total units for lower-income households, at least 5percent for very low-income households, or at least 10 percent for persons and families of moderate income in a common interest development. ii.Two incentives or concessions for projects that include at least 20 percent of the total units for lower-income households, at least 10 percent for very low-income households, or at least 20 percent for persons and families of moderate income in a common interest development. iii.Three incentives or concessions for projects that include at least 30 percent of the total units for lower-income households, at least 15 percent for very low-income households,or at least 30 percent for persons and families of moderate income in a common interest development. iv.The City shall grant the concession or incentive requested by the applicant unless it makes a written finding of either of the following: a.The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). b.The concession or incentive would havea specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-and moderate-income households. c.The concession or incentive would be contrary to state or federal law. 3.Available Incentives and Concessions i.A reduction in the site development standards or a modification of the requirements of this title that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including but not limited to a reduction in setback and square footage requirements and in the ratio of vehicle parking spaces that would otherwise be required and that results in identifiable, financially sufficient, and actual cost reductions. ii.Approval of mixed-use zoning in conjunction with the housing development if the nonresidential land uses will reduce the cost of the housing development and the nonresidential land uses are compatible with the housing development and existing or planned development in the area in which the housing development will be located. Chapter 25.34 Special Use Provisions34-10|Page iii.Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable, financially sufficient, and actual cost reductions. iv.Priority processing of a housing development that qualifies for a density bonus based on income-restricted units. 4.Additional Density Bonus and Incentives and Concessions forDonation of Landto the City i.When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City and agrees to include a minimum of 10percent of the total units before the density bonus for very low-income households, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density, plus a 1percent supplemental increase for each additional percentage of very low-income units to a maximum density bonus of 35 percent for the entire development. ii.The density bonus provided in this subsection shall be in addition to any other density bonus provided by this article up to a maximum combined density bonus of 35 percent. iii.The applicant shall be eligiblefor the increased density bonus described in this subsection if all of the following conditions are met: a.The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. b.The developable acreage and zoning designation of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than 10percent of the number of residential units of theproposed development. c.The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code, and is or will be served by adequate public facilities and infrastructure. d.The transferred land shall have all of the entitlements and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the City may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 of Government Code if the design is not reviewed by the City prior to the time of transfer. 34-11|PageChapter 25.34 Special Use Provisions e.The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with the requirements of this article which shall be recorded on the property at the time of the transfer. f.The land is transferred to the City or to a housing developer approved by the City. g.The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development. h.A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. iv.Nothing in thissubsection shall be construed to enlarge or diminish the authority of the Cityto require a developer to donate land as a condition of development. 5.Additional Density Bonus or Incentives and Concessions for Development of aChild Care Facility i.Housing developments meeting the requirements of Section 25.34.040.B. (eligibility for density bonus and incentives and concessions) and including a child care facility that will be located on the premises of, as part of, or adjacent to the housing development shall receive either of the following: a.An additional density bonus that is an amount of square footage of residential space that is equal to or greater than the amount of square footage in the child care facility. b.An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the child care facility. ii.The City shall require the following as conditions of approving the housing development: a.The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable, pursuant to subdivision (c) of Section 65915 of the Government Code. b.Of the children who attend the child care facility, the children of very low-income households, lower-income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of target unitsthat are required pursuant to Section 25.34.040.B. (eligibility for density bonus and incentives and concessions). Chapter 25.34 Special Use Provisions34-12|Page c.Notwithstanding any other requirements of this section, the City shall not be required to provide a density bonus or incentive or concession for a child care facility if it makes a written finding, basedupon substantial evidence, that the community has adequate child care facilities. E.Location of Density Bonus Units The location of density bonus units within the housing development may be at the discretion of the developer. However, the target units shall be dispersed throughout the housing development and when feasible shall contain, on average, the same number of bedrooms as the non-target units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials, and quality finish. F.Continued Availability 1.Minimum 30 Years. If a housing development provides low-or very low-income target units to qualify for a density bonus, the target units must remain restricted to lower-or very low-income households for a minimum of 30 years from the date of issuance of the certificate of occupancy by the building official, or longer if required by the project financing. 2.Common Interest Housing. In the case of a common interest housing development providing moderate-income target units to qualify for a density bonus, theinitial occupant of the target unit must be a person or family of moderate income. Upon resale, the seller of the target units shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation, and the Cityshall recapture any initial subsidy and its proportionate share of appreciation which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote homeownership. The City’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. The City’s proportionate share shall be equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of the initial sale. 3.Direct Financial Contributions. Where there is a direct financial contribution to a housing development pursuant to Government Code Section 65915, the City shall assure continued availability for low-and moderate-income units for 30 years. G.Process for Approval or Denial 1.Process for Approval.The density bonus and incentive(s) and concession(s) request shall be considered in conjunction with any necessary development entitlements for the project. The designated approving authority for density bonuses, incentives, and concessions shall be the Council. In approving the 34-13|PageChapter 25.34 Special Use Provisions density bonus and any related incentives or concessions, the City and applicant shall enter into a density bonus agreement. 2.Approval of Density Bonus Required.The City shall grant the density bonus requested by the applicant provided it is consistent with the requirements of this article and state law. 3.Approval of Incentives or Concessions Required Unless Findings Made. The City shall grant the incentive(s) and concession(s) requested by the applicant unless the City makes a written finding, based upon substantial evidence, of any of the following: i.The incentive or concession is not required in order to provide for affordable housing costs or affordable rent for the target units. ii.The incentive or concession would have a specific adverse impact, as defined in paragraph (2) ofsubdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. iii.The concession or incentive would be contrary to state or federal law. 25.34.050Residential Condominium Conversions A.Purpose.The purpose of this chapter is to: 1.Provide standards and criteria for regulating the conversion of rental housing to residential condominium units or rental housing to a condominium hotel, community apartment,or stock cooperative types of ownership and for determining when such conversions are appropriate. 2.Mitigate any hardship to tenants caused by their displacement. 3.Provide for the public health, safety, and general welfare. B.General requirements. 1.Where Permitted. If approved under the provisions of this chapter and Title 25, Zoning, of this code, condominium conversion projects may be allowed in any district in which residential uses are permitted, including specific plan areas, subject to the approval of a conditional use permit, a tentative map, and all other provisions and requirements of this chapter. 2.Review Responsibilities. Condominium conversion projects shall be approved by the Commission pursuant to a conditional use permit. A tentative and finaltract map shall be required for all subdivisions creating five or more condominiums, five or more parcels as defined in Section 783 of the California Civil Code, a Chapter 25.34 Special Use Provisions34-14|Page community apartment project containing five or more parcels for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, or for the creation of five or more condotel units. 3.Parcel Map. A parcel map shall be required for all subdivisions creating four or fewer condominiums, four or fewer parcels as defined in Section 783 of the California Civil Code, a community apartment project containing four or fewer parcels, or for the conversion of a dwelling to a stock cooperative containing four or fewer dwelling units. 4.Applicable Standards. Condominium conversion projects shall conform to: (1) the applicable standards and requirements of the zoning district in which the project is located at the time of approval; (2) Section 25.34.050of the Palm Desert Charter and Municipal Code; and (3) all other applicable local, state, and/or federal laws and codes. C.Tenant notification and public hearing notice. 1.Tenant Notification. The applicant for a condominium conversion project shall be responsible for notifying existing tenants of the proposed conversion in accordance with Government Code Sections 66452.8 and 66452.9 of the Subdivision Map Act. The applicant shall provide each tenant with a copy of all City staff reports on the application pursuant to Government Code Section 66452.3. In addition, the applicant shall give notice totenants residing in units proposed to be converted that a final map for the proposed conversion has been approved in accordance with Section 66427.1(b) of the Subdivision Map Act. If the condominium conversion project is approved, the applicant shall giveall tenants written notice of the termination of their tenancies in accordance with Section 66427.1 of the Subdivision Map Act. 2.All Other Notices. The applicant shall give all other notices required by applicable federal, state, and local law. 3.Evidence ofTenant Notification. The applicant shall submit evidence in writing to the Director, certified under penalty of perjury, that all applicant-required notification specified in subsections A and B of this section have been satisfied. D.Standards for condominium conversions.Condominium conversions shall conform to the applicable local, state, and federal laws in place at the time of the conversion, subject to any valid, applicable exceptionsthereto. In addition, the following general requirements shall apply: 1.That all condominium conversion projects provide off-street parking as required herein for condominium projects of the Palm Desert Charter and Municipal Code, unless a parking study performed to the satisfaction of the city manager or designee demonstrates that existing off-street parking successfully meets the needs of all dwelling units. 2.That all condominium conversion projects shall include provisions to demonstrate compliance with the Palm Desert energy standards as provided in Ordinance No. 1124, or as it may be amended. 34-15|PageChapter 25.34 Special Use Provisions 3.Surveying. Permanent survey monuments shall be installed at all parcel/lot corners of a map required per this division by a California-licensed land surveyor or registered civil engineer authorized to practice land surveying, in accordance with Government Code Section 66495. E.Tenant purchase option.The property owner shall provide each tenant of a rental unit to be converted pursuant to this chapter with a 90-day right of first refusal to purchase his or her respective unit in accordance with Section 66427.1 of the Subdivision Map Act. F.Tenant relocation plan.The applicant shall submit a tenant relocation plan containing and complying with the following: 1.A detailed report describing the relocation and moving assistance information to be given to each tenant. The report shall state in detail what assistance will be provided for special category tenants. 2.The applicant shall provide a tenant information handout and a questionnaire to each tenant with an envelope, postage prepaid, addressed to the Department. The questionnaire shall include questions regarding tenant income, length of tenancy, age, disability, and household size, and shall request that the tenant return the completed form directly to theDepartment. G.Consumer protection provisions.In addition to the tenant protection provisions set forth in the Subdivision Map Act, the applicant shall complywith the following provisions, as conditions of any condominium conversion use permit for a condominium conversion project approved pursuant to this chapter: 1.Relocation Assistance. The applicant shall offer to each eligible tenant a plan for relocation toalternative housing. i.The relocation plan shall provide for the following: assistance to each eligible tenant in locating alternative housing, including but not limited to providing availability reports where necessary. ii.Payment of a relocation fee to eacheligible tenant who does not choose to purchase a condominium unit. The payment shall be a one-time lump sum cash payment of at least $1,500 in 2006 (calendar year) dollars, escalated annually by the Consumer Price Index for Los Angeles- Riverside-Orange County. An otherwise eligible tenant is not entitled to a relocation fee pursuant to this subsection if the tenant has been evicted for just cause. In addition, a cash payment of actual deposit costs shall be made to each eligible tenant who does not chooseto stay for utility deposits and hook-up costs. iii.In the case of eligible tenants who are also special category tenants as defined herein, the applicant shall provide to the displaced special category tenant, in addition to the relocation fee specified in subsection (A)(2) of this section, a one-time lump sum payment not to exceed a total of $1,000 in 2006 dollars, escalated annually by the Consumer Price Index for Los Angeles-Riverside-Orange County, of the first month’s rent Chapter 25.34 Special Use Provisions34-16|Page in the alternative housing, if required upon moving in, and the transfer to the new complex of all key, utility, and pet deposits to which the special category tenant is entitled upon vacating the unit. iv.The relocation assistance payments referenced herein shall be paid at the time the tenant vacates the unit. v.The applicant’s offer to each eligible tenant of relocation assistance shall be free of any coercion, intimidation, inducement, or promise not herein specified and shall not cause the tenant to vacate in advance of a timetable or schedule for relocation as approved in the application for approval of conversion. 2.Antidiscrimination. The applicant or owner of any condominium unit within a project shall not discriminatein the sale, or in the terms and conditions of sale, of any dwellingunit against any person who is or was a lessee or tenant of any such dwelling unit because such person opposed, in any manner, the conversion of such building into a condominium. H.Applications for condominium conversions.After preliminary applications are accepted for further discretionaryreview, the applicant shall submit all the information required for a conditional use permit application and a tentative map pursuant to this code. In addition, the applicant shall submit information demonstrating that the project as a whole will be in good repair on the interior and the exterior when offered for sale. Recognizing that the conversion of existing structures which have been previously occupied and constructed as rental units presents unique problems to present tenants and future buyers, the application for a condominium conversion project conditional use permit shall include the following information in addition to that required by other sections of this code: 1.Pest Inspection Report. A report by a California-licensed structural termite and pest control specialist certifying whether or not all attached and detached structures are free of infestation and structural damage caused by pests and dry rot. 2.Building History Report. A building history report identifying the date of construction of all elements of the project and permit history. 3.Plot Plans. Scaled plot plans and elevations indicating the type and location of all buildings and structures, parking and landscape areas, signs and any other plans that may be deemed necessary by the city manager or designee. Screening, landscape, and irrigation plans shall be included in the plans. 4.As a condition of approval, all condominium conversion projects shall be required to provide, at applicant’s cost, each buyer with a housing inspection report prepared by an architect or structural engineer licensed by the State of California and in good standing with the California Architects Board or the Board for Professional Engineers and Land Surveyors, respectively. Said housing inspection report shall detail the structural condition and use life of all elements of the property, including but not limited to foundations, roofs, electricity, plumbing, 34-17|PageChapter 25.34 Special Use Provisions utilities, walls, ceilings, windows, frames, recreational facilities, sound transmissions of each building, mechanical equipment, parking facilities, and drainage facilities. Such report also shall describe the condition of refuse disposal facilities; swimming pools, saunas, and fountains; stone and brickwork; and fireplaces,exterior lighting, appliances, mechanical equipment for heating and cooling, interior and exterior paint and/or stucco. I.Affordable housing.In higher-density multifamilyresidential developments, the City encourages inclusion of affordable units. As partof the application package, the applicant shall submit an affordable housing implementation plan (AHIP) showing how the project will assist in meeting the affordable housing needs of the city. The AHIPshall include specific information concerning the demographic and financial characteristics of the project, includingbut not limited to the following: 1.The square footage and number of rooms in each unit. 2.The rental rate history for each type of unit for the previous three years. 3.The monthly vacancy rate foreach month during the preceding three years. 4.A complete list of the number of tenants and tenant households in the project, including the following information: i.Households with persons 62 years or older. ii.The family side of households, including a breakdown of households with children five years and younger, and between sixand eighteen years. iii.Households with handicapped persons. iv.The length of residence. v.The age of tenants. vi.The designation of low-and moderate-income households and whether any are receiving federal or state rent subsidies. 5.When the subdivider can demonstrate that demographic information is not available, this requirement may be modified by the city manager or designee. 6.The proposed price of each of the units. 7.The proposed homeownersassociation budget, detailed to include fixed costs, operating costs, reserves, administration, and contingencies. 8.A statement of intent as to the types of financing programs to be made available, including any incentive programs for existing residents. 9.Evidence that a certified letter of notification was sent to each tenant for whom a signed copy of such notice is not submitted. In the event that recorded covenants and/or affordable housing agreements already exist for persons and families of moderate income, low income and/or very low income in a multifamily complex or Chapter 25.34 Special Use Provisions34-18|Page development which an applicant seeks to convert pursuant to this chapter, the applicant is required, and must demonstrate in its AHIP, that the moderate- income, low-income and very low-income unit(s) will remain available to persons and families of moderate income, low income and very low income, either by the recordation of new affordability covenants for the newly converted units, which shall be subject to prior review and approval by the city manager or designee and the city attorney, or by continuing to rent converted units to qualified moderate- income, low-income and very low-income persons and families for the duration of the remaining recorded covenants and/or affordable housing agreements. J.Tentative mapreviewprocedures. 1.List of Tenants. In addition to the standard application requirements for tentative maps, the applicant shallsubmit a complete mailing list of all tenants occupying the subject property and two corresponding sets of address labels. The city manager or designee shall mail a public hearing notice for the tentative map hearing to each tenant on the mailing list and to owners of property within 300 feet in accordance with the procedures of the Subdivision Map Act and this code. 2.Tentative Map Review. Tentative maps shall be approved, approved subject to conditions, or denied by the Commission. Decisions on tentative maps for condominium conversion projects shall be governed by the Subdivision Map Act and this chapter. 3.Council Findings for Residential Conversions. A final map for a condominium conversion shall not be approved unless the Council makes all of the findings set forth in Section 66427.1 of the Subdivision Map Act regardingtenant notification, right to purchase and other requirements, as well as all other applicable local, state, and federal laws. K.Findings.The Commission/Council shall not approve a condominium conversionproject conditional use permit for same unless it finds all of the following: 1.That the condominium conversion project is consistent with the applicable findings specified in section25.72.050 (Conditional Use Permits) . 2.That the applicant does not seek to convert an apartment complex or development, which received a certificate of occupancy for any unit located therein within the preceding 12 months. 3.That the average rental vacancy rate in apartment dwelling units within the city during the 24 months preceding the filing of the application is equal to or greater than 5 percent. Upon submission of the application, the city manager or designee shall obtain, at applicant’s sole expense, a written study or report from an objective, unbiased third party which provides such studies and/or reports as part of its ordinary course and scope of business on a statewide or nationwide basis, which, in the reasonable opinion of the city manager or designee, reflects that the average rental vacancy rate in apartment units then available in the city is 5 percent or higher. Ifthe average rental vacancy rate in the city during the 24 months preceding the filing of the application is less than 5 percent or if as a result of the approval of said condominium conversion the vacancy rate would be 34-19|PageChapter 25.34 Special Use Provisions less than 5 percent, the condominiumconversion project shall be denied unless the Commission/Council determines that at least one of the following overriding considerations exist: i.Evidence has been submitted that at least 50 percent plus one of the eligible tenants have voted to recommend approval of the conversion. ii.That the evidence presented to the Commission/Council as part of the application for the project overwhelmingly complies with the policies and intent of this chapter. Applicants shall be able to request that the Commission/Councilallow for a condominium conversion project to be considered for approval where the vacancy rate and/or tenant approval percentage requirements of this section have not been met but have been substantially complied with. 4.Conversions of projects containing four units or less shall not be subject to the above vacancy rate provisions. L.Commission/Council Determination.The Commission shall hold a duly noticed public hearing on a condominium conversion project, and the decision of the Commission shall befinal unless a timely appeal is filed. When a timely appeal is filed to a decision of the Commission, the Council shall hold a public hearing on a condominium conversion project, and the decision of the Council shall be final and subject to appeal only by way of writ of mandate to a court of appropriate jurisdiction. A condominium conversion project conditional use permit may be approved subject to such conditions as the Commission/Council may prescribe. M.Lapse of permit. 1.Notwithstanding the time periods prescribed herein, a conditional use permit for a condominium conversion shall lapse and shall become void two years following the date on which the conversion conditional use permit became effective, unless prior to the expiration of two years, unless one of the following applies: (1) separate property interests have been created and recorded for each unit; (2) a building permit has been issued and reconstruction or other work necessary as a result of the conversion is commenced and diligently pursued toward completion on the site which was the subject of the conversion permit application; or (3) a certificate of occupancy has been issued for the structure(s) which was the subject of the conversion use permit application. 2.A conversion conditional use permit subject to lapse may be renewed for an additional period of one year at the discretion of the Commission, provided that prior to the expiration date, a letter requesting renewal of the conversion conditional use permit is filed with the city manager or designee. N.Exemptions.For residential developments, the conversion of existing apartments to a condominium project shall be exempt from the requirements of parkland dedication or parkland in-lieu fees if, on the date of conversion, the apartment complex is at least five years of age and no additional dwelling units are to be added as part of the conversion as provided in Section 66477(d) of the SubdivisionMap Act. Chapter 25.34 Special Use Provisions34-20|Page 25.34.060Time-Share Projects A.Purpose.The purpose of the special use regulations for time-share projectsis to establish special location and site development standards. B.Permitted zones.A time-share project shall be permitted only in a planned residential zone, a general commercial zone,or a planned commercial resort zone. Any time-share project shall be developed in conjunction with a resort hotel having 500or more rooms and an 18-hole golf course of not less than 6,400 yards, and then only if and when a conditional use permit has been obtained from the Commission in accordance with Section 25.72.050 (Conditional Use Permit)of this code. C.Application submittal requirements.In addition to standard application submittal requirements, an applicant for a conditional use permit approval involving a time-share project shall submit in the application at least the following information: 1.Copies of documents and information required pursuant to Article 12.2 of the California Administrative Code, Section 2810 wherein the requirements for a “substantially complete” application for a final subdivision public report are enumerated, excluding those documents so enumerated which are subject to the approval of theCity and therefore otherwise available to the City. In the event such documents and information have not been filed with the California Department of Real Estate at the time an applicant applies for a conditional use permit, the applicant shall furnish such documents and information upon the submission of such documents and information to the Department of Real Estate, but in no event later than the issuance of the conditional use permit. 2.In the event an existing condominium project is proposed to be converted to a whole or partial time-share project, a verified description or statement of the number and percentage of the current condominium owners desiring or consenting to the proposed conversion of some or all of the units to a time-share basisshall be submitted. Also, in such instance there shall be submitted to the Commission prior to or during the hearing process, a verified statement of the number and percentage of owners who have received notification, either personally or by receipted certified US mail. 3.In the case of a new mixed project (i.e., time-sharing condominium/rental) a description of the means proposed to be employed to disclose the number and location of all time-share units within the projectshall be submitted. 4.Description of time periods, types of units, and which units are in the time-share program (if less than all), and the length of time each of the units are committed to the time-share programshall be submitted. D.Requirements.Notwithstanding any other provisions of this chapter, the following requirements must be met by any time-share development in any permitted zone: 1.The time-share project must be composedof “time-shareestates” as defined in California Business and Professions Code Section 11003.5. 34-21|PageChapter 25.34 Special Use Provisions 2.All maintenance agreements and conditions, covenants,and restrictions must be approved by the City. 3.The minimum time-share use period shall be for one week (seven days). 4.Project sponsor shall post a maintenance bond, letter of credit,or cash deposit to ensure the maintenance of any landscaping along the perimeter of the project abutting any public right-of-way. The amount of the bond, letter of credit,or cash deposit shall be equal to 25percent of the annual budget of the owner’s association having the duty to maintain the exterior of the project which is for such landscaping expenses. The bond, letter of credit,orcash deposit shall run to the City and shall remain in place for life of the project. 5.With respect to a time-share project, all interests created therein shall be subject to a public facilities impact mitigation fee of $150per week share. With respect to each week share in a time-share project, a public facilities impact fee payable under this section shall be paid on the first day of the first calendar month following the sale and conveyance of such week share by the sponsor of a time- share project to an individual consumer (excluding bulk sales from one sponsor to another, in which case the successor sponsor shall have the obligation to pay the public facilities impact fee described herein upon the sale and conveyance of a week share to a consumer). On the first day of each calendar month, or less frequently if required by the Council, a sponsor of a time-share project shall also submit a written report to the City which specifies the number of week shares in the time-share project which have been sold and conveyed in the preceding calendar month. E.Minimum number of units.The minimum number of units in a time-share project shall be50. F.Developmentstandards.Time-share projects shall be designed to conform to the standards for hotel developments in the event the time-share project is located in a planned commercial resort or general commercial zone. The time-share project must comply with all development standards of the zone in whichit is located. With respect to time-share projects developed within a plannedresidential zone, the density of the time- share project shall not exceed the density permitted in such zone for residential projects; with respect to time-share projects developed in a general commercial zone or a planned commercial resort zone, the density of the time-share project shall not exceed the density permitted in such zone for general commercial or planned commercial projects. In determining the density of a time-share project, upon the request of an applicant, the Director shall have the authority to transfer the density permitted in other similarly zoned property owned by an applicant to the time-share project. 25.34.070Hotels A.Purpose.The purpose of the special use regulations for hotelsis to establish special site development and improvement standards. B.Minimum room size.The minimum guest room/suite size for any hotel shall be 330 square feet. Hotel projects shall have an overall average guest room/suite size of at least 375square feet. Chapter 25.34 Special Use Provisions34-22|Page C.Restaurant required.All hotels shall provide a multipurpose (three-meal) restaurant either within the building itself, attached or adjacent to the building, together with room service for hotel guests (a continental breakfast may constitute one of the three meals). When the restaurant is detached from the hotel, it may be constructed before or after the hotel is developed. D.HVAC required.All hotel developments shall utilize central air conditioning systems or vertical fancoil systems, or other specifically approved systems. Window-or wall- installed air conditioning systems are prohibited. 25.34.080Temporary Uses A.Purpose.The purpose of this chapter is to permit and regulate uses which by their nature are for temporary periods and are not detrimental to the health, safety,and public welfare of the community. B.Temporary usepermit required.Temporary uses listed herein require approval of a temporary use permit by the Director. C.Allowed temporary uses.The temporary uses listed below are permitted with approval of a temporary use permit in compliance with the provisions and limitations listed herein. 1.Carnivals, Circuses, Special Private or Public Events.Anysuch activity may be permitted for up to seven consecutive days at any one timefor a period of ten days in any calendar year.Certification of the safety of rides and all pertinent equipment for the carnivals, circuses, or similar events shall be made by a professional engineer registered in the State of California, with such certification being given to the building department prior to the commencement of use of the equipment. 2.Seasonal Sales. Seasonal sales(e.g., Christmas tree sales, pumpkin sales) may be permitted in any nonresidential zoning district with approval of a temporary use permit for a maximum period of 60 days per seasonal sales location per calendar year. The seasonalmerchandise shall not utilize required parking spaces dedicated to other uses. 3.Buildings and Storage Facilitiesfor Construction Projects. Temporary structures or facilities for the housing of tools and equipment or containing supervisory offices in connection with major construction on major construction projects may be established and maintained during the progress of such construction on such projects,provided that such temporary facilities may not be maintained for a period to exceed one year, unless a new permit has been obtained from the zoning administrator. 4.Real Estate Sales Office. One temporary real estate office may be located on any new subdivision in any zone,provided that such office shall be removed at the end of one year, unless a new permit has been obtained from the ZA. Said real estate office to be erected only for use in sale of the subdivision in which it is located. 34-23|PageChapter 25.34 Special Use Provisions 5.Promotional Event–Cultural. Promotional events of any educational, civic, or cultural nature may be permitted without time restrictions except as fixed in the conditions of approval. 6.Pormotional Event–Commercial. Outdoor sales and display of goods, including promotional sales, may be conducted as part of an otherwise lawfully permitted or allowed permanent commercial use, provided that all activities are conducted within the buildable portion of the lot. For new businesses with a valid business license, such outdoor sales and displays of goods,shall be limited to a maximum 30-day period within the first 180 days after that business is established. Existing businesses shall be limited to a maximum of three periods totaling a maximum of 30 days within a given calendar year. Sales and displays may not occupy more than 10 percent of the parking area for that business and shall not substantially alter the existing circulation pattern of the site. Temporary sales and displays shall not obstruct any existing disabled accessible parking space. 7.Heliport and Helistop.Heliports, helicopter fields,and helistops are only permitted as temporary uses with the issuance of atemporary use permit and only in commercial, industrial,and public/institutional zones within the city. D.Similar uses.When a temporary use is not specifically listed in this chapter, the Director shall determine whetherthe proposed temporary use is similar in nature to permitted usesherein, and, if approved, shall establish the term and make necessary findings and conditions for the particular proposed temporary use. 25.34.090Automotive Service Stations A.Purpose.The purpose of the special use regulations for automotive service stations is to establish special location and site development standards to ensure that there is not an overconcentration of stations in any single location and that the site is designed to minimize visual and circulation impacts to surrounding properties and roadways. B.Location.All service station sites shall front on streets designated as state highways on the master plan of arterial highways unless the sites are part of or in conjunctionwith developments such as shopping centers. No station shall be located within 500feet of any other service station. C.Site size.The site of the service station shall be of sufficient size and configuration to satisfy all requirements for off-street parking, setbacks, curb cuts, walls, landscaping, and storage as provided in this title. D.Setbacks.All buildings shall be setback from interior property lines a minimum of 18 feet and exterior property lines a minimum of 30feet except that pump islands may be located a minimum of 20feet from all exterior property lines, and pump island canopies may project to within 5feet of exterior property lines. E.Access.Driveways shall be so designed and located as to ensure a safe and efficient movement of traffic on and off the site to and from the lane of traffic nearest the curb. Chapter 25.34 Special Use Provisions34-24|Page F.Noise.Buzzers and amplified signaling bells are to be located within the service station proper and shall not generate noise beyond that of a normal residential telephone ring when the service station site abuts residentially zoned property or property used for residential purposes. G.Landscaping.A minimum of 20percent of the site shall be landscaped with plant materials designed to provide beautification and screening. H.Lighting.All lighting fixtures shall be located so as to shield direct rays from adjoining properties. Luminaries shall be of a low level, indirect diffused type and shall not exceed the height of the building. I.Service bays.Service bayentrances shall not front upon a public street. J.Wall.A6-foot masonry wall shall be required along all interior property lines and a 3- foot-high wall along the street. Figure 25.34-1: Automotive Service Stations 34-25|PageChapter 25.34 Special Use Provisions 25.34.100Restaurants A.Outdoor seating.A restaurant shall be entitled to use tables within an outdoor patio for food service purposes without the provisions of additional parking spaces based upon a ratio of one outdoor table per five indoor tables up toa total of 3outdoor tables or a maximum 12seats. The addition of more than 12 seating capacity will be deemed an expansion of the use requiring a conditional use permit or amendment. The location of the outdoor tables shall meet all health, safety, and fire codes. B.Take-out restaurant requirements. 1.Purpose. The purpose of the special use regulations for take-out restaurants is to establish special site development standards for circulation, landscaping, and special setbacks when located adjacent to residential property. 2.Site Size/Configuration.The site shall be of sufficient size and configuration to satisfy all requirements for off-street parking, setbacks, curb cuts, walls, landscaping and refuse storage as provided in this title. 3.Setbacks. If located directly adjacent to residential properties, the Commission may increase minimum setback and landscape buffering requirements to ensure compatibility with residential uses and property. 4.Curb Cuts. The size and location of curb cuts for driveways shall be determined by City public improvement standards. 5.Landscaping. Not less than 20percent of the total site area shall be devoted to landscaped planting areas. 6.Incidential Seating.A take-out restaurant under 2,000square feet gross floor area which sells prepared food shall be entitled to 2 serving tables or a maximum of 8 seating without reclassification as a restaurant for zoning purposes. These tables may be located indoors or onan outdoor patio. When three or more tables are provided, the use shall be deemed a restaurant and aconditional use permit must be obtained. 25.34.110Adult Entertainment Establishments A.Location.No adult entertainment establishment shall be established in the locations listed below. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures. 1.In any zone other than the SI (service industrial district) generally located in the area of Cook Street and Hovley Lane. 2.Within 500feet of any residential zone or district. 3.Within 200feet of any other zone or district except P (public/institutional district) which district shall have no separation requirement. Chapter 25.34 Special Use Provisions34-26|Page 4.Within 500feet of any parcel of real property onwhich is located any of the following uses or facilities: i.Church, existing as of January 1, 1999, defined in this chapter as any facilityused primarily for worship of any religion, or used for other religious purposes. Facilities may be funded and/or operated either by governmental public authorities or by private organizations. ii.Schools, defined in this chapter as institutions for teaching or caring for minor children (e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools). Facilities may be funded and/or operated eitherby governmental public authorities or by private organizations. iii.Public park or recreational facility which means public land which has been designated for park or recreational activities, including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas,or similar public land within the city thatis under the control, operation,or management of the City’spark and recreation authorities. 5.On any parcel thatfronts on an arterial street. 6.Within 500feet of any other adult entertainment establishment. B.Exception.If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with City requirements with respect to the location of service establishments. C.Amortization of nonconforming uses.The other provisions of this titledealing with nonconforming uses shall not be applicable to adult entertainment establishments. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the terms of this chapter but otherwise are legally existing on the effective date of the action that renders the use nonconforming. 1.For an adult entertainment establishment legally existing in the city for a period of no less than six months preceding the effective date of the action: 120days. 2.For an adult entertainment establishment legally existing within the city for a period of no less than three months preceding the effective date of the action: 90 days. 3.For an adult entertainment establishment legally existing within the city for any period up to three months precedingthe effective date of the action: 60 days. 34-27|PageChapter 25.34 Special Use Provisions 25.34.120MedicalMarijuana Dispensaries A.Medical Marijuana Dispensary Uses.Amedical marijuana dispensaryshall not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a healthcare facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic, life- threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq. B.Prohibited.Medical marijuana dispensaries are prohibited in all city zones, and no permit shall be issued therefor. 25.34.130Communication Tower and Antenna Regulations A.Purpose and intent.The regulations and requirements set forth herein are adopted for the following purposes: 1.To provide for the location of commercial communication towers and commercial communication antennas in the City. 2.To protect land uses from potential adverse impacts of commercial communication towers and antennas. 3.To minimize adverse visual impacts of commercial communication towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques. 4.To accommodate the growing need for commercial communication towers and antennas. 5.To promote and encourage shared use/collocation of existing and new commercial communication towers as a primary option rather than construction of additional single-use towers. 6.To protect the public health, safety,and welfare. 7.To avoid potential damage to adjacent properties from tower failurethrough engineering and careful siting of tower structures. B.Applicability. 1.All new commercial communication towers and commercial communication antennas in Palm Desert shall be subject to these regulations and all other applicable regulations. For purposes of measurement, communication tower setbacks and separation distances, as delineated herein, shall be calculated and applied irrespective of municipal and county jurisdictional boundaries. Chapter 25.34 Special Use Provisions34-28|Page 2.All commercial communication towers and commercial communication antenna facilities existing on October 10, 1996 (the effective date of the ordinance codified in this chapter) shall be considered permitted uses, and allowed to continue their usage as they presently exist,provided,however, that anything other than routine maintenance, including without limitation structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing commercial communication tower, shall comply with the requirements herein.Routine maintenance shall be permitted on such existing towers. C.Location. 1.Commercial communication towers and commercial communication antennas shall not be permitted in any residential zoning district in the city. 2.Commercial communication towers and commercial communication antennas may be approved in any of the following zone districts: i.C-1 general commercial ii.PC planned commercial iii.PR planned residential –when commercial uses are in the zone iv.SI service industrial v.P public/institutional vi.OS open space vii.PIplanned industrial 3.Commercial communication towers and commercial communication antennas may locate on existing towers or buildings. i.When located on buildings, commercial communication towers and commercial communication antennas shall be architecturally integrated into building design so as to be as unobtrusive as possible in context with the adjacent environment and architecturally compatible with existing structures in terms of design, color,and materials as determined by the ARC. ii.Shall not exceed 50percent of the building height. D.Permit requirementsand exemptions.Except as otherwise outlined below, a conditional use permit as established by Section 25.72.050(Conditional Use Permit) is requiredfor all wireless communication facilities. 1.In order to ensure compliance with the requirements of 47 U.S.C. section 332(c)(7)(B), an applicant that believes that the City’s prohibition of wireless telecommunications facilities in particular zoning districts or any of the standards 34-29|PageChapter 25.34 Special Use Provisions in this chapter either (a) unreasonably discriminatesamong providers or functionally equivalent services, or (b) prohibitsor has the effect of prohibiting the requirement of personal wireless services may apply for a conditional use permit. In order for such permit to be granted, the decision-maker must find, in addition to all other required findings for the granting of a conditional use permit, that substantial evidence in the written record establishes that either of the above stated criteria is met. 2.Collocation. Administrative review and approval may be available, so long as a collocation facility satisfies all requirements set forth in Section 65850.6 of the California Government Code. E.Findings.New freestanding commercial communication towers/commercial communication antennas shall not be allowed unless the applicant substantiates to the satisfaction of the Commission: 1.That existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider. 2.That the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a freestanding tower/antenna at the height proposed. 3.That the applicant shows compelling technological or economic reason(s) for requiring a new freestanding facility. F.Standards.The following performance and construction standards apply tocommercial communication towers and commercial communication antennas. 1.Setbacks. Commercial communication tower/antenna setbacks shall be measured from the base of the tower/antenna to the property line of the parcel on which it is located. Accessory structures shall comply with the minimum setback requirements of the district in which they are located. 2.Separation From Off-Site Uses.Commercial communication tower separation shall be measured from the base of the tower to the closest point of off-site uses and/or designated areas as specified herein. Commercial communication towers shall be setback from residentially zoned lands or residential uses a minimum of 300 feet. 3.Separation Distances Between Commercial Communication Towers. Separation distances between commercial communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and/or have received land use or building permit approval from the City of Palm Desert after October 10, 1996 (the effective date of this chapter). The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as follows: Chapter 25.34 Special Use Provisions34-30|Page Table 25.34-1: Required Separation Distance for Communication Towers Separation Towers—TypesDistance Monopole greater than 50 feet in height1,000 feet Monopole 50 feet or less in height500 feet Guyed tower at any height1,000 feet Figure 25.34-2: Separation Distance Between Commercial Communicaion Towers 4.Fencing. A fence or wall not less than 8feet in height from finished grade shall be provided around each commercial communication tower except those installed on rooftops. Access to the tower shall be through a locked gate. 5.Landscaping. The visual impactsof a commercial communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures. Landscaping and buffering of commercial communication towers shall be required around the perimeter of the tower and accessory structures to the satisfaction of the ARC. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of, or in supplement toward, meeting landscaping requirements. 6.Height. No freestanding commercial communication tower/antenna shall exceed 85feet in height from ground level. Where installed on top of a building, no commercial communication tower/antenna shall extend greater than 50percent over the building height. 34-31|PageChapter 25.34 Special Use Provisions Figure 25.34-3 Height Requirements for Communication Towers and Antennas 7.Type of Construction. Commercial communication towers shall be monopole construction,provided, however, that guyed construction may be approved by the Commission upon consideration of the following factors: i.Compatibility with adjacent properties. ii.Architectural consistency with adjacent properties. iii.Visual impact on adjacent properties, including visual access of adjacent properties to sunlight. 8.DevelopmentCriteria. Commercial communication towers/antennas shall comply with the minimum development criteria of the district in which they are located, pertaining to minimum lot size and open space. 9.Illumination. Commercial communication towers/antennas shall not be artificially lighted except to ensurehuman safety or as required by the Federal Aviation Administration. G.Collocation. 1.Proposed commercial communication antennas may, and are encouraged to, collocate onto existing commercial communication towers,providedthat such collocation is accomplished in a manner consistent with this section. Such collocation is permitted without amendment of the existing conditional use permit if no additional modification to the tower is proposed. Chapter 25.34 Special Use Provisions34-32|Page 2.Any request to collocate a new antenna within the required separation radius of an existing tower shall be required to collocate on the existing tower. Any modification of that existing tower is subject to the conditional use permit process. 3.If determined by the City that the proposed commercial tower is situated in a location which will benefit the city’s telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunicating equipment beneficial to the public system at a cost to the city no greater than the actual expense of the provider in so engineering and constructing the tower to meet the city’s needs. 4.Where collocation may effectively be accomplished without violation of the provisions of this chapter and without reasonable interference with the applicant’s existing use, the applicant shall allow third-party collocation on any tower erected under this chapter. Applicant may charge a reasonable rental fee for such collocated use to the extent allowed by law. H.Noninterference.No commercial communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety system and/or public safety entities. I.Exceptions.Any request to deviate from any of the requirements of this section shall require approval of an exception as outlined herein. J.Documentation.Documentation to demonstrate conformance with the requirements of this section shall be submitted by the applicant with all requests to construct,locate,or modify a commercial communication tower/antenna. K.Signs and advertising.The use of any portion of a commercial communication tower for signs or advertising purposes,including without limitation company name, banners, or streamers, is prohibited. L.Abandonment.In the event the use of any commercial communication tower has been discontinued for a period of 180consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180days within which to: (1) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or (2) dismantle and remove the tower. At the earlier of 181days from the date of abandonment without reactivation or upon completion of dismantling and removal, any variance approval for the tower shall automatically expire. M.Exception process–applicability.The Commission mayapprove exceptions relative to: 1.Zoning districts on which commercial communication towers and commercial communication antennas may be located. 2.Height of building mounted commercial communication antennas. 34-33|PageChapter 25.34 Special Use Provisions 3.Separation distances between residential zoned lands or residential uses and commercial communication towers. 4.Separation distances between commercial communication towers. N.Exception process–findings.The Commission shall make the following findings to approve exceptions. 1.That there is a unique land use characteristic or nearby geographic feature which results in a compelling technological need to locate the commercial communication towers and/or commercial communication antennas in the location and/or at the height proposed. 2.That the unique land use characteristics or geographic features mitigate any negative aesthetic concerns. O.Stealth installation.Stealth installation of commercial communication towers and antennas are those determined by the ARCand the Commission to be designed to blend in with theirexisting natural environment (e.g., monopoles designed as artificial palm trees), creating a cluster effect through the use of a mix of artificial and natural vegetation. In addition to the aforementioned sections, stealth installations shall be subject to the following development standards: 1.Height. No stealth commercial communication tower or antenna shall exceed 65 feet in height as measured from ground level to top of the antenna. Frond or artificial vegetation height shall not exceed more than 10feetfrom the top of the antenna. 2.Separation From Off-Site Uses and Other Commercial Communication Towers. i.The Commission may waive the separation requirements from residential zoned properties and residential uses if it is determined that the tower or antennautilizes an approved stealth design (e.g.,artificial palm tree). ii.The Commission may waive the separation requirements between commercial communication towers if determined that the tower or antenna utilizes an approved stealth design (e.g.,artificial palm tree). Chapter 25.34 Special Use Provisions34-34|Page 25.34.140Exceptions Based on Unconstitutional Takings A.Purpose.The purpose of this chapter is to ensure that the application of the standards contained in Title 25 Zoning, including the environmental review and mitigation process required by the California Environmental Quality Act as implemented by Chapter 25.60.040(Environmental Analysis), to parcelswithin the city doesnot create a taking of private property prohibited by federal or state constitutions. B.Application and hearing. 1.Any applicant that contends that the application of the standards of Title 25, including the environmental review and mitigation process required by the California Environmental Quality Act as implemented by Chapter 25.60.040 (Environmental Analysis), willresult in a taking of property without just compensation in violation of the federal or state constitutions may apply for an exception to these standards pursuant to this section. 2.The applicant shall provide information that sets forth the basis upon which the applicant believes that the exception is necessary to provide the property with economically viable use. This information shall include each of the following: i.Basis for application. Date of acquisition of the property; purchase price of the property;and an explanation of how the exception is necessary to provide the property with an economically viable use. ii.Economic data. Current market value of the property; dates and amounts of invested capital following acquisition of the property; description and amount of each assessment imposed upon the property for public improvements; existing activities for the property; planned activities for the property, including the timing for development; market value claimed if the exception is denied; portion of the property retaining economic use if the exception is not granted; and reduced profits if the exception is not granted, including the assumptions underlying the estimates. iii.Additional information. Such additional information as the City may request in order totake action on the request. The applicant shall cooperate with City requests for financial information regarding the property. Confidential business information provided by an applicant to the City shall remain confidential consistent with the requirements of the Public Records Act (Government Code Section 6250 et seq.). iv.Consultants and experts. The name, address,and occupation of each consultant and expert providing information or in any way assisting in the preparation of the application. 3.In acting uponan application, the Commission shall consider, among other matters, each of the following: i.Present use of the property and duration of that use, includingeach general plan designation and zoning classification applied to the property, and each use to which the property was put. 34-35|PageChapter 25.34 Special Use Provisions ii.Fair market value of the property before the restriction that is the subject of the exception application imposed. iii.Alternativeuses that are available for the property. iv.The fair market value of the property if the exception is denied. 4.The Commission shall make its decision based on the evidence presented to it. The decision shall be in writing with specific findings on the economic impact of the application of the restriction for which the exception is requested. 5.The Commission,upon granting an exception pursuant to this section, may limit the scope of the exception or impose conditions to achieve to the extent reasonably feasible the objectives of the standard or standards to which an exception is being granted, but without constituting a taking of property without just compensation. 25.34.150Conversion of Abandoned Public Utility Well Sites Abandoned public utility well sites may be approved for conversion to a private water export irrigation well site subject to approval of a conditional use permit. Use of private water export irrigation well sites shall not result in an increase in ambient noise levels measured prior to the conversion. Any new physical site improvements shall comply with the applicable zone standards and thearchitectural review process. Chapter 25.34 Special Use Provisions34-36|Page ! ! Dibqufs!36/51! ! ! DIBQUFS!36/51! Tjuf!Efwfmpqnfou!Qspwjtjpot TJUF!EFWFMPQNFOU!QSPWJTJPOT! ! ! Chapter 25.40–Site DevelopmentProvisions Sections in this Chapter 25.40.010Purpose and Applicability......................................................................40-1 25.40.020Yard Measurements..............................................................................40-1 25.40.030Projections into Required Setbacks......................................................40-6 25.40.040Height Measurements...........................................................................40-8 25.40.050Accessory Structures............................................................................40-9 25.40.050Swimming Pools and Equipment........................................................40-10 25.40.070Private Tennis Courts and Sports Courts............................................40-11 25.40.080Fences and Walls...............................................................................40-12 25.40.090Screening............................................................................................40-16 25.34.100Traffic Sight Obstruction.....................................................................40-19 25.34.110Exterior Modifications..........................................................................40-19 25.40.120Undergrounding of Utilities..................................................................40-19 25.40.130Required Park Dedication Fees..........................................................40-20 Changes from existing ordinance: Renumbering/renaming existingcode sections Existing Section 25.56.150 Development Standards is now Section 25.40.010 Purpose and Applicability. Existing Sections 25.56.100 through 25.56.140 regarding undergrounding of utilities is now Section 24.40.080 Undergrounding of Utilities. Existing Section 25.56.195 Standards for Walls and Fences for Single-Family Residential Lots in the R-1, R-2, R-3 And PR Zone Districtsis now Section 25.40.060 Fences and Walls. Existing Sections 25.56.210 through 25.56.260 is now Section 25.40.020 Yard Measurements. 25.40.010Purpose and Applicability The development standards contained withinthis chapter supplement the development standards and special provisions that apply within each use district. The general provisions and the special standards shall govern all uses and structures in every zone in addition to the development standards within each zone. No structure or use may hereafter be constructed, substantially changed, relocated, operated, occupied, established, or maintained on a lot unless it conforms to all the general provisions and the development standards that apply within the zone in which it is located. 25.40.020Yard Measurements A.Yard measurements.Required front, side, and rear yards shall be measured as the minimum horizontal distance from the property line of the site or street right-of-way line to a line parallel thereto on the site, except: 1.Where a specific street plan has been adopted by the Council, site area and required yards shall be measured from the plan line, and no provisions of this title shall be construed to permit a structure or use to extend beyond such line. 40-1|PageChapter 25.40 Site Development Provisions 2.Where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, site area and required yards shall be measured from a line drawn on the boundary of the additional width required for street purposes abutting the site. B.Lot width reductions for cul-de-sacs and knuckles.No site shall have less than the required lotwidth as prescribed in the applicable zone district, except lots fronting on cul- de-sac or knuckle streets may have 35feet of frontage. Figure25.40-1:Lot Types C.Width of corner lots.Corner lots shall have extra width in addition to the width prescribed in the zoning schedule at least equal to the width of the minimum interior side yard prescribed for a main structure in the district and in no case shall the lot width be less than 80feet. Chapter 25.40 Site Development Provisions40-2|Page Figure 25.40-2: Width of Corner Lots D.Side and rear yards—requirements and exceptions.In addition to the regulations prescribed within each residential use district, the following regulations shall apply: 1.On the streetside of a corner lot the side yard shall not be less than 10feet. 2.On a reversed corner lot the minimum rear yard may be not less than the minimum side yard prescribed for the district if the side yard adjoining the street is not less than the required front yard on the adjoining key lot, or 15feet, whichever is greater. 3.On the side street side of corner lot, the minimum side yard for a garage, carport, or off-street parking space required to serve a dwelling in a residential district shall be 20feet. 40-3|PageChapter 25.40 Site Development Provisions Figure 25.40-3Side and Rear Yard Requirements Chapter 25.40 Site Development Provisions40-4|Page E.Front, and rear yard setback exceptions. 1.Front and/or rear yard setbacks may be reduced by up to 25percent of the required setback provided that the average of each such setback, when considered on an individual basis, is not less than the minimum required for the district (i.e., a 50-footwide dwelling which chooses to utilize a 25percent reduction for 25feet of its width must provide a setback at least 25percent greater than the minimum prescribed setback for the remaining 25feet of its width). i.Notwithstanding thepreceding, in the R1 8,000 district the minimum rear yard may be reduced to 10feet provided that the average of the rear yard setback complies with the 15-foot requirement. ii.Notwithstanding the preceding in the R1 district, the required minimum front setback to a garage door shall be 20feet measured from the property line and for a side entry garage 16feet measured from the property line. To encourage the rehabilitation of older units and the provision of off-street parking within garages, on lots with existing homes that are legal nonconforming because they do not provide a minimum of 2-covered off-street parking spaces, the required minimum front setback to a garage door shall be 26feet measured from street curb face. 2.In addition to the provisions of subsection A of this section, the required front, rear and side yard setbacks on an irregularly shaped lot may be reduced by as much as 20 percent upon a showing that: i.The lot in question is irregular in shape (i.e., the lot has significantly less width or depth than the typical lot in the subdivision or the lot has more than 4-boundary lines and the dimensions prevent a home typical of the neighborhood from being placed on the lot; and ii.The ARCmakes a determination that the reduced setback(s) will not have a detrimental impact on the neighborhood. 3.In order to encourage rehabilitation of older dwelling units and to provide shaded parking for vehicles, the ARCmay approve well designed carport structures with a minimum setback of 20feet to be measured from the curb face to the front edge of the carport structure. Side-in carport structures may be approved to a minimum setback of 16feet measured from the curb face to the nearest projection of thecarport.In approving such setback, the ARCshall send a notice to property owners within 300feet of the property and make a determination that the reduced setback will not have a detrimental impact on the neighborhood, taking into account the opinions of nearby property owners and any property owners associations. \[Placeholder for New Figure 25.40-4 to illustrate exceptionmeasurements to match content.\] 40-5|PageChapter 25.40 Site Development Provisions 25.40.030Projectionsinto Required Setbacks Architectural projections including eaves, awnings, louvers, and similar shading devices; sills, belt courses, cornices, and similar features; and flues and chimneys may project into required yardareasas identified in Table 25.40-1 (Projections). Table 25.40-1:Projections Maximum Minimum Projection into Setback from RequiredSetbacksProperty Lines All projections (unless otherwise specified) -Front, rear, or street side yard6’-0”3’-0” -Internal side yard2’-0”3’-0” 1 Oriel or bay window -Front, rear, or street side yard3’-0”3’-0” -Internal side yard2’-0”3’-0” 2 Porches and steps -Front, rear, or street side yard6’-0”3’-0” -Internal side yard2’-0”3’-0” Balconies (over 6’-0” above ground) -Front or rear yard6’-0”5’-0” -Internal side yard5’-0”5’-0” -Street side yard5’-0”3’-0” 3 Open stairways(all yards)4’-0”3’-0” 4 Covered patios -Rear yard8’-0”3’-0” -Side yard (within 35 feet of rear lot 5’-0”5’-0” line) -Maximum coverage of rear yard50% 5 Underground structureNo limit5’-0” - 1. Limited to a maximum width of 10’-0” or 50% of façade length, whichever is greater. 2. No roof. The railing height from ground level (measured at property line) to the top of the railing cannot exceed 6’-0.” 3. Open, unenclosed fire escapes and fireproof outside stairways. 4. Attached to a main structure only. If detached,the patio cover is considered an accessory structure. 5. Maximum height of any underground structure from grade (at property line) is 2’-0”. A.Projections over public property in commercial zones.Building projections into public rights-of-way in commercial zones shall be regulated by the currently adopted Uniform Building Code. Chapter 25.40 Site Development Provisions40-6|Page Figure 25.40-5: Projectionsinto Required Setbacks 40-7|PageChapter 25.40 Site Development Provisions 25.40.040Height Measurements A.Height measurement (building).Established by a verticalmeasurementfrom the average elevation of the finished grade to the highest point of the structure directly above; provided, that a roof shall be measured to the highest point of the roof. Figure 25.40-6: Measuring Building Height B.Tower elements.Height of towers, spires, cupolas, chimneys, water tanks, flagpoles, monuments, scenery lofts, radio and television aerials,and antennas except home satellite receivers, commercial transmission towers, fire towers and similar structures and necessary mechanical appurtenances: 1.Shall not cover more than10percent of the ground area covered by the structure. 2.Shall be erected to a height of not more than 65 feet or not more than 25 feet above the height limit prescribed by the regulations for the district in which the site is located, whichever is less. 3.Utility poles and towers shall not be subject to the height limits prescribed in any district regulations. 4.The height limitsdo not apply to ground-mounted commercial communication towers or building-mounted commercial communication antennas. Height of said ground-mounted commercial communication towers and/or building-mounted commercial communication antennas shall be as prescribed in Section 25.34.130 (Communication Tower and Antenna Regulations). Chapter 25.40 Site Development Provisions40-8|Page Figure 25.40-7Tower Element 25.40.050Accessory Structures Detached accessory buildings except as otherwise controlled by this chapter shall be subject to the following regulations: 1.Only permitted in the rear yardsetback. 2.Open, nonhabitable, gazebo-like structures with a maximum height of 10feet shall be permitted with a minimum setback of 1foot of setback for each foot of building height upon recommendation of approval of the ARC. 3.On lots having less than 12,000square feet of lot area,detached accessory buildings used for storage purposes and having 120square feet or less of floor area with a maximum height of 8feet shall be permitted with a minimum setback of 8feet from any property line. 4.On lots having more than 12,000 square feet of lot area, detached accessory buildings shall not exceed one story or 14 feet in height and may not occupy more than 25 percent of the required rear yard setback and shall be setback from any property line a distance equal to the height. 40-9|PageChapter 25.40 Site Development Provisions 5.On lots having 40,000square feet of lot area or more, a conditional use permit as described in Section 25.72.050, is required to approve a detached accessory structure with a maximum height of18feet, one-story,provided the structure is set back from property line a distance equal to its height. 6.No accessory building shall be approved if the total building coverage allowed by the zone is exceeded. 7.Roof deck structures are prohibited. Figure 25.40-8: Accessory Structures \[Placeholder for revised Figure 25.40-8with updated 120 square foot max measurements to match content.\] 25.40.050Swimming Pools and Equipment Private swimming pools and equipment shall be permitted on residential lots in accordance with the standards listed below. 1.The water perimeter of the pool shall be no closer than 5feet from any property line unless appropriate engineering documentation is provided which shows that the pool will not create a surcharge problem on structures at the property line. With appropriate documentation the minimumsetback may be reduced to 2 feet from the property line. Chapter 25.40 Site Development Provisions40-10|Page 2.All swimming pool equipment shall be housed in a building or be located behind a screen wall of sufficient height to obscure said pool equipment from public view. 3.Swimming pool equipment shall be located a minimum of 5feet from any property line. With appropriate structural documentation, the minimum setback may be reduced to 2feet from the property line. Figure 25.40-9:Swimming Pools and Equipment Standards 25.40.070Private Tennis Courts and Sports Courts Private tennis courts/sports courts are subject to review and approval by the ARC and shall be constructed consistent with the following: 1.A minimum 10-foot setback shall apply from side and rear property lines, and a minimum 20-foot setback shall apply to the front property line. 2.No more than one tennis court and one sports court for each residential parcel of land unless a conditional use permit in accordance with Section 25.72.050 is approved by the Commission. 40-11|PageChapter 25.40 Site Development Provisions 3.Private tennis courts/sports courts shall not be used for commercial purposes, and shall be used only by the property owner and guests or tenants of the property owners. 4.All tennis courts/sports courts fencing shall not exceed 10 feet in height as measured from the elevaltion at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, bearms and landscaping. 5.A landscape and irrigation plan shall be provided for review and approval by the ARC. 6.If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16, Outdoor Lighting Requirements. 7.If the tennis/sports court is depressed at least 4feet below the existing grade or the fence is no more than 6feet above the adjacent grade then the court may be located to within 5feet of the side and rear property lines. 8.Design and orientation of sports courts may be subject to ARCreviewto insure minimum impacts on adjacent properties. Figure 25.40-10: Measuring Building Height \[Placeholder for new graphic illustrating private tennis courts and sports courts site provision standards\] 25.40.080Fencesand Walls A.Purpose and applicability. The development standardsprovided in Table 25.40-2 (Location, Height and Material Standards by Fence Type) apply to fences and walls within the RE, R-1, R-2, R-3 and PR district on residential lots. The purpose is tospecify location, material,and review procedures to remove all ambiguity and achieve consistency throughout the city. The objective is to protect and reconcile the often conflicting goals of aesthetics, privacy, security, view sight lines,and drainage. B.Review procedures.All applications for fences and walls may be subject to on-site inspection prior to approval. Photographs of the subject property and adjacent properties may be sufficient to demonstrate any impacts the wall(s) may create. In addition, retaining walls will require approval by the public worksdepartment. C.Wall requirement—new residential construction.All new residential construction shall include walls or fences of a minimum of 5feet in height enclosing rear and interior side yards. Chapter 25.40 Site Development Provisions40-12|Page Table 25.40-2: Location, Height and Material Standards by Fence Type Fence TypeLocationHeight(max Materials or range) Walls and Fences in Front and Side Setbacks 1 Short Fence7’-0”from curb face42” Decorativematerials including decorative blocks, stucco or wrought iron. 1,2 Moderate height fence15’-0” from curb face43”to 59”Decorativematerials including decorative blocks, stucco or wrought iron. Tall fence20’-0”from curb face5’ to 6’Decorativematerials including decorative blocks, stucco or wrought iron. Walls and fences at or Behind front building setback (side 6’-0”Decorative block, precision behind building yard tie-in fences, interior side yard block stuccoed or painted setbacks, visible from and rear-yard fences)to match house; wrought ROW iron. Walls and fences,not Behind front building setback6’-0”Block—all types; redwood, visible from ROWcedar or other approved decay-resistant wood product; wrought iron. Retaining walls and Rear or interior side property line 6’-0”(highest Decorative block, stucco or combinations of retaining associated with a cut slope.adjoining wrought iron. and wrought iron fences.grade) (Cut Slope) Retaining walls.(Fill Slope)Rear or interior side property line 6’-0” (lowest Solid wall materials. associated with a fill slope.adjoining 3 grade) Combinations of retaining Combinations of solid retaining 9’-0” (lower Decorative block and/or and wrought iron fences.walls and wrought iron fencesadjacent stucco andwrought iron. 4 (Fill Slope)located on a rear or interior side grade). property line associated with a fill 6’-0” slope. (maximum combination fence height measured from the higher adjacent grade) Notes 1. Fences are not permitted within the public right-of-way. 2. Site inspection or photos shall ensure that visibility adjacent to driveways and street corners shall not be impaired. 3. Where a fill slope retaining wall is proposed adjacent to a vacant lot which does not currently meet the City’s grading ordinance, the city engineer shall determine the lower adjacent grade based upon an assessment of the minimum grade required on that vacant lot to meet the grade elevation drainage requirements. 4.In addition, the department of public works may require additional measures to mitigate adverse impacts of fill conditional according to the City’s grading ordinance. 40-13|PageChapter 25.40 Site Development Provisions Figure 25.40-11: Walls and Fences in a Residential Zone \[Placeholder for revised figurewith updated measurements to match content.\] E.Maintenance of nonconforming fences.Normal maintenance of nonconforming fences shall be permitted to preserve a quality appearance. Major structural repairs or replacement shall be required to conform to be above location and material standards. F.Exceptions procedures. 1.ARCReview. Requests for exceptions to the above standards may be reviewed and approved subject to the following findings: i.Unusual circumstances exist which make the literal interpretation and enforcement of the standards impractical or contrary to the purpose of the ordinancecodified in this section. ii.The exception shall not result in damage to adjacent properties. Chapter 25.40 Site Development Provisions40-14|Page iii.Property owners adjacent to the proposed exception shall be informed of the application at least 10 days prior to the ARCmeeting. 2.If the property is within a gated community with a homeowners association with a bona fide architectural review process and the applicant obtains approval from that architectural review body, the city’s architectural review process may be waived. H.Additional provisions for walls. 1.Measuring Wall Height. Wall height shall be measured from the higher finished grade adjoining the fence or wall. Figure 25.40-12: Measuring Fence Height Figure 25.40-13: Retaining Walls 40-15|PageChapter 25.40 Site Development Provisions 2.Landscape Plan Required. A formal landscape plan shall be required to be submitted and approved by the Cityprior to the approval of any application for a wall adjacent to a public street. 3.Undulation of Walls. All walls adjacent to a public street shall bedesigned to provide undulation (offset of at least 18inches) or pilaster at least every 30feet of linear extent of the wall. Undulating walls may encroach up to 18inches into required wall setbacks. Figure 25.40-14: Wall Undulations 4.Wall Color. Wallsshall be finished in a desert color. 25.40.090Screening A.Purpose.This section provides screening and landscaping requirements to block objectionable views and enhance the aesthetic appeal of Palm Desert streetscapes. Screening of parking lot facilities are contained in Section 25.52.050 (Parking Lot Landscaping Standards). B.Screening materials and characteristics. 1.Except as otherwise required by the provisions of this title, screening shall consist of a solid wall or fence, vine-covered fence, or compact evergreen hedge. 2.Hedge material used as screening shall not be less than 3feet in height when planted and shall not be permitted to exceed the specified height by more than 1.5feet. 3.Where trees are used, they shall have a mature height of not less than 20feet and space no more than 20feet apartfrom tree trunk to tree trunk. 4.All screening and landscaping shall be permanently maintained in orderly condition by the owner. Plant material shall be watered, weeded, pruned, and replaced as necessary to screen or ornament the site. A permanent irrigation system shall be provided. Chapter 25.40 Site Development Provisions40-16|Page C.Rooftop equipment. 1.All roof-mounted equipment in the single-family residential district including, but not limited to, heating, exhaust fans, cooling, solar,and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna 39inches or less in diameter and other roof-mounted equipment such as evaporative coolers or solar panels may be visible upon a showing thatscreening of same would: (1) unreasonably delay or prevent installation, maintenance or use; or (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal. 2.All rooftop equipmentin commercial and industrial zones, including heating and air conditioning units, shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. D.Satellite recieving dish. 1.A satellite receiving dish of 5feet or more in diameter must conform to the following standards depending on location: i.Planned residential developments. Appropriate association approval is required. The receiver is not to be visible from adjacent properties or a public street. ii.Other residential areas. The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within 5 feet of a property line. Height fromexisting or finish adjacent grade, whichever is less, shall not exceed 14feet if within 20feet of a property line or 18feet otherwise. iii.Commercial and industrial areas.ARCapproval for design and screening is required if receiver is visible from a public street or adjacent property. The characteristics of the receiver to be evaluated are the location, type (solid or mesh), color and screening. E.Mechanical. 1.All mechanical equipmentin general commercial and industrial districts, including heating and airconditioning units, shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. F.Industrial district. 1.In an industrial district the required front yard and required side yard on the street side of a corner lot, except for the area occupied by necessary drives and walks, shall be landscaped with trees and other plant materials suitable for ornamentation. 40-17|PageChapter 25.40 Site Development Provisions 2.Amasonry wall at a minimum height between 5and7feet shall be provided along all property lines except those adjacent to public rights-of-way, in which case a setback of 20feet will be maintained. 3.A dense hedge row at a minimum height of 7feet shall beprovided along all property lines except for those adjacent to public rights-of-way, in which case a setback of 20feet will be maintained (common perimeter screening between adjoining properties is allowable upon mutual consent of the respective owners). Planting materials used for perimeter screening shall be the type which shall, within 18months after property development, provide the intended screening effect. 4.Perimeter screening will not be required if deemed unnecessary by the ARC, based upon itsapproval of submitted development and landscaping plans which establish to its satisfaction that attractive development will occur in keeping with the intended residential/resort/recreational nature of the community. G.Planned residential and industrial district. 1.All screening requirements for developments within the planned residential (PR) and planned industrial (PI)districtsshall be determined by the ARC during its site plan review proceedings. H.Planned commercial district perimeter. 1.A masonry wall at a minimum height of 7feet shall be provided along all property lines except for those adjacent to public rights-of-way, in which case a setback of 20feet will be maintained. 2.An opaque hedge row at a minimum height of 7feet shall be provided along all property lines except for those adjacent to public rights-of-way, in which case a setback of 20feet will be maintained (common perimeter screening between adjoining properties is allowable upon mutual consent of the respective owners). Planting materials used for perimeter screening shall be the type which shall, within 18months after property development,provide the intended screening effect. 3.Perimeter screening will not be required if deemed unnecessary by the ARC based upon itsapproval of submitted development and landscaping plans which establish to its satisfaction that attractive development will occur in keeping with the intended residential/resort/recreational nature of the community. I.Outside storage. 1.No outside storage shall exceed the height of actual perimeter screening. Chapter 25.40 Site Development Provisions40-18|Page 25.34.100Traffic Sight Obstruction On a corner lot, no fence, wall, hedge, structure or other obstruction, except the natural grade of a site, within a triangular area formed by the existing or future curblines and a line connecting points on the existing or future curblines a minimum of 40 feet from the intersection of the projection of the curblines, shall exceed a height of 3 feet above established grade at the edge of the street pavement or the existing pavement or traveled way. 25.34.110Exterior Modifications The colors of an existing building, structure, sign, wall, fence or other improvements to real property that are visible from public right-of-way shall not be significantly changed unless reviewed and approved by the Directoror ARCupon appeal. This shall be a no fee process.For the purposes of this section “significantly changed” means a change in hue, shade or intensity of color. 25.40.120Undergrounding of Utilities A.Purpose.This section provides theregulations and procedures governing the installation of underground utilities or the conversion of existing overhead facilities within the boundaries of the city as a part of development. B.Applicability.Except as provided in this chapter,allnew and existing electrical distribution lines, telephone, cable antenna television, and similar service wires or cables, which are adjacent to and provide service to the property being developed,shall be installed underground as a part of development from the nearest existing pole not on the property being developed with the following exceptions: 1.In the development, remodeling, or enlargement of a single-family dwelling upon an existing, subdivided lot in the R-1, R-2, or RE zone district where overhead utility distribution lines presently exist, the facilities may remain. Any new single- family dwelling shall conform to the requirements of this sectionas a part of development. This exception shall not apply to new residential subdivisions or any new service lines to the dwelling. 2.Temporary utilities along with the necessary service poles, wires, and cables may be permitted for the period during which authorized construction is continuing for which valid building permits have been issued or for temporary uses which comply with requirements of the zoning ordinance, building code, and other applicable regulations. 3.Risers on poles which provide service to the property and existing buildings are permitted and shall be provided by the developer or owner on the pole. 4.Appurtenances and associated equipment such as surface-mounted transformers may be placed aboveground when it is determined by the city engineer that it would be too costly to underground such equipment. 5.The undergrounding of existing overhead facilities shall not be required as a part of the development of property in the R-2 and R-3 districts where more than 50 percent of the street frontage situated within the same block has already been 40-19|PageChapter 25.40 Site Development Provisions developed with overhead facilities. This exception does not apply to any service lines. C.Recorded agreement.In lieu of undergrounding existing distribution lines as a part of construction, the Commission may permit the recording of an agreement guaranteeing that the property will voluntarily be a part of any undergrounding district which is subsequently established by the City including the property in question. The form of this agreement shall be acceptable to the city attorney and shall run with the land. This section shall not be applicable to the service lines that lead directly to the building. D.Responsibility for compliance.The developer or owner is responsible for complying with the requirements of this sectionandthey shall make the necessary arrangements with the utility company for the installation of such facilities. E.Nonconforming structures.Buildings or structures, which on the effective date of the ordinance codified in this chapter are nonconforming in regard to aboveground on-site utility lines, may continue to be used, altered, or enlarged in the same manner as if such nonconforming utility lines did not exist. However, when the buildings or structures are increased by 2,500square feetor morein area or when alteration or enlargement require the installation of utility lines at new locations on the buildings and structures, the service lines shall comply with the requirements of this title. 25.40.130Required Park Dedication Fees. No building permit shall be issued for the purpose of establishing a dwelling unit or units, a mobile home or mobile home park, or for increasing the number of existing dwelling units or mobile homes on a parcel or parcels of land until the Director has verified that the parcel or parcels of land upon which such use or uses are proposed to be established is in compliance with all applicable regulations of the City’s local park dedication or payment of fees in lieu thereof requirement, as provided by theSubdivision Ordinance. Chapter 25.40 Site Development Provisions40-20|Page ! ! ! DIBQUFS!36/57! ! PGG.TUSFFU!QBSLJOH! BOE!MPBEJOH! Dibqufs!36/57! ! Pgg . Tusffu!Qbsljoh!boe!Mpbejoh ! Chapter 25.46–Off-Street Parking and Loading 25.46.010Purpose................................................................................................46-2 25.46.020Applicability...........................................................................................46-3 25.46.030Parking Lot Design Requirements........................................................46-3 25.46.040Parking Requirements..........................................................................46-5 25.46.050Golf Cart, Motorcycle, and Scooter Parking Requirements...................46-9 25.46.060Bicycle Parking Requirements............................................................46-10 25.46.070Clean Air Vehicle Parking Requirements............................................46-11 25.46.080Joint Use Parking................................................................................46-12 25.46.090Exceptions..........................................................................................46-12 25.46.100Off-Street Loading..............................................................................46-12 Changes from existing ordinance: Renumbering/renaming existing code sections Chapter number changed from 25.58 to 25.46 25.58.020 –Application renamed “Applicability” 25.58.030 –Change in Use moved to 25.46.020 –Applicability 25.58.035 –El Paseo Area Exceptions moved to 25.46.090 –Exceptions 25.58.040 –Location of Parking Spaces moved to 25.46.030 –Parking Lot Design Requirements 25.58.050 –Design and Maintenance moved to 25.46.030 –Parking Lot Design Requirements 25.58.060 –Tandem Spaces moved to 25.46.030 –Parking Lot Design Requirements 25.58.080 –Parking Development Standards moved to 25.46.030 –Parking Lot Design Requirements 25.58.090 –Stall Dimensions moved to 25.46.030 –Parking Lot Design Requirements 25.58.100 –Landscaping Requirements moved to Chapter 25.52 –Landscaping 25.58.110 –Screening Requirements tentatively moved to Section 25.40.060 –Fences and Walls 25.58.120 –Tree Requirements moved to Chapter 25.52 –Landscaping 25.58.121 –Parking Lot Hardscape Requirements moved to Chapter 25.52 –Landscaping 25.58.122 -Parking Lot Tree Irrigation Requirements moved to Chapter 25.52 –Landscaping 25.58.123 –Parking Lot Tree Maintenance and Installation Requirements moved to Chapter 25.52 –Landscaping 25.58.124 –Carport Structures in Lieu of Required Trees moved to Chapter 25.52 –Landscaping 25.58.125 –Landscaping Maintenance Agreement and Maintenance Requirements moved to Chapter 25.52 –Landscaping 25.58.130 –Landscape and Irrigation System Plan Review moved to Chapter 25.52 – Landscaping 25.58.140 –Bumper or Tire Guard Requirements moved to 25.46.030 –Parking Lot Design Requirements 46-1|PageChapter 25.46 Off-Street Parking and Loading 25.58.150 –Lighting Requirements moved to 25.46.030 –Parking Lot Design Requirements 25.58.160 –Marking Requirements moved to 25.46.030 –Parking Lot Design Requirements 25.58.170 –Paving Requirements moved to 25.46.030 –Parking Lot Design Requirements 25.58.180 –Maneuvering Requirements moved to 25.46.030 –Parking Lot Design Requirements 25.58.190 –Use Restrictions moved to 25.46.030 –Parking Lot Design Requirements 25.58.200 –Arrangement Requirements moved to 25.46.030 –Parking Lot Design Requirements 25.58.210 –Supplemental Covered Parking Standards for ResidentialDistricts moved to 25.46.030 –Parking Lot Design Requirements 25.58.220 –Single-Family Residential Districts moved to 25.46.030 –Parking Lot Design Requirements 25.58.230 –Multiple-Family Residential Districts moved to 25.46.030 –Parking Lot Design Requirements 25.58.240 –Parking Design Standards moved to 25.46.030 –Parking Lot Design Requirements 25.58.250 –Special Parking Design Standards moved to 25.46.030 –Parking Lot Design Requirements 25.58.300 –Residential Off-Street Parking Schedule moved to 25.46.040 –Parking Requirements 25.58.310 –Commercial and Industrial Off-Street Parking Schedule moved to 25.46.040 – Parking Requirements 25.58.311 –Conditional Use Permit Required moved to 25.46.040 –Parking Requirements 25.58.312 –Valet Parking Off-Street Parking Schedule moved to 25.46.040 –Parking Requirements Joint Use Parking moved from 25.58.320 to 25.46.080 25.58.330 –In-Lieu Parking Payments moved to 25.46.040 –Parking Requirements 25.58.340 –Off-Street Loading Requirements movedto 25.46.100 –Off-Street Loading 25.58.350 –Loading Spaces Required moved to 25.46.100 –Off-Street Loading Exceptions moved from 25.58.360 to 25.46.090 25.58.370 –Definitions tentatively moved to 25.99 Definitions (for the entire Zoning Code) 25.58.380 –Applicability was removed and replaced with 25.46.020. Substantive edits to existing code sections 25.46.050 –Golf Cart, Motorcycle, and Scooter Parking Requirements 25.46.060 –Bicycle Parking Requirements 25.46.070 –Clean Air Vehicle Parking Requirements 25.46.010Purpose This chapterprovidesprovisions to make available properly designed parking areas and loading berths adequate in capacity, location,and design to prevent traffic congestion and a shortage of curb spaces in the city. Off-street parking facilities shall be provided incidental to new uses and alterations and enlargements of existing uses. The number of parking spaces shall be in proportion to the need created by the particular type of use. Off-street parking and loading areas are to be established in a manner that will ensure their usefulness, protect public safety, and where appropriate, buffer surrounding land uses from their impact. Chapter 25.46 Off-Street Parking and Loading46-2|Page 25.46.020Applicability Off-street parking shall be provided for any new building constructed and for any new use established; for any addition or enlargement of an existing building or use; and for any change in the occupancy of any building or the manner in which any use is conducted that would result in additional parking spaces being required, unless an equivalent substitute number of such spaces is provided and maintained conforming to the requirements of this chapter except as otherwise provided in this chapter. 25.46.030Parking Lot Design Requirements A.Location of parking spaces.The required parking spaces or garages shall be located on the same building site except as otherwise provided by this title. Property within the ultimate right-of-way of a street or highway shall not be used to provide required parking or loading facilities. B.Design and maintenance.All off-street parking spaces and areas required by this chapter shall be designed and maintained to be fully usable for the duration of the use requiring such areas and spaces. C.Tandem spaces.Except for mobile homes, tandem spaces shall only be permitted for those spaces that exceed the requirements of this title, or as approved by the Commission. D.Parking development standards.Parking areas serving industrial, commercial, apartment and public or community, facility uses shall be subject to the following parking standards: 1.Stall Dimensions.Each off-street parking stall shall consist of a rectangular area not less than 9feet wide by 16feet, 6inches long plus 2feet of overhang except as otherwise provided in this chapter.Parking spaces adjacent to tree planters may have a minimum length of 15feet plus 2feet of overhang. End spaces where clear back-out space is restricted on one side shall be 11feet in width. 2.Bumper or Tire Guard Requirements.Bumper or tire guards shall be provided along any property line thatabuts a public walkway, street or alley,unless specifically waived by the ARC, Commission, or Council. 3.Lighting Requirements.Parking lot lighting shall conform to the requirements of Chapter 24.16, Outdoor Lighting Requirements. 4.Marking Requirements.All open parking stalls shall be clearly outlined with minimum 4-inch lines on the surface of the parking facility. 5.Paving Requirements.All parking stalls and maneuvering areas shall be paved and permanently maintained with pavers, asphaltic or concrete cement surfacing. All areas within the parking area not used for parking stalls or maneuvering areas shall be landscaped. 46-3|PageChapter 25.46 Off-Street Parking and Loading 6.Screening: Wherever off-street parking areas are situated across the street from property in a residential district, a masonry wall or berm 3 feet in height shall be erected within the required landscape area to adequately screen the residential properties. 7.Maneuveringrequirements.Parking areas shall be designed to enable a car entering the parking area to move from one location to any other location within the parking area or premises without entering a street. 8.Use Restrictions.The required parking area shall not be used for any other use other than the temporary storage of motor vehicles during the time that the use requiring the parking is in operation. 9.Arrangement Requirements.Parking and maneuvering areas shall be so arranged that any vehicle entering a vehicular right-of-way can do so traveling in a forward direction. 10.Supplemental Covered Parking Standards for Residential Uses.Covered parking areas serving residential uses shall be subject to the following supplemental parking development standards. i.Single-family residential districts. In single-family residential districts including conventional detached, cluster housing, or condominium, 2of the required parking spaces shall be provided within a garage or carport. Each space shall contain 10feet by 20feet of unobstructed area. This requirement shall be met by utilizing the interior dimensions of the garage or carport. ii.Multiple-family residential districts. In multiple-family residential districts, including apartments, parking shall be provided as follows: iii.One space for each one-bedroom unit shall be provided within a garage or carport. iv.A minimum of one of the required parking spaces for each 2or more bedroom units shall be provided within a garage or a carport for each living unit. v.Parking development standards contained within this chapter. E.Parking design standards. All parking areas, other than single-family conventional development, shall be subject to the design standards set by the City. Chapter 25.46 Off-Street Parking and Loading46-4|Page Figure 25.46-1:Parking Lot Design Requirements 25.46.040Parking Requirements A.Parking schedule. Table 25.46-1 (Parking Schedule) identifies minimum vehicle parking space requirements for specificuses. Where thereis more than one parking ratio listed in the table, the greater of the two applies. Where the parking ratio is listed based upon square feet, it shall mean the gross square feet of the building. Unless otherwise noted, this includes public and private areas. 46-5|PageChapter 25.46 Off-Street Parking and Loading Table 25.46-1:ParkingSchedule Use Minimum Stalls Required Residential Uses 1 Childrens homes1 per 4 beds Cluster housing Studio and one bedroom2 per unit Two and more bedrooms2.5 per unit Condominium Studio and one bedroom2 per unit Twoand more bedrooms2.5 per unit Dwelling, mobile home2 per unit Dwelling, multifamily Studio and one bedroom2 per unit Two and more bedrooms2 per unit Dwelling, single-family2 per unit 1 Residential care facility1 per 4 beds 1 Residential care home1 per 4 beds Agricultural and Animal-Related Uses 2 Stables, boarding1 per 5 stables Veterinary facility3per 1,000sq.ft. Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses 3 Assembly uses1 per 3 seats Billiardhalls2 per billiard table Bowling alleys2 per alley Golf-related uses 4 Driving ranges1 per tee 4 Golf courses5 per hole 4 Pitch and putt3 per hole Libraries2per 1,000sq.ft. Lodge halls13per 1,000sq.ft. Preschools, nursery schools, and daynurseries2 per 3 employees + 1 per 8 children Private clubs13per1,000sq.ft. 3 Religious institutions1 per 3 seats 1 per employee plus 1 per 3 students at maximum Schools, private classroom capacity 4 Skating rinks, ice and roller10per 1,000sq.ft. 3 Sports arenas and stadiums1 per 3 seats Chapter 25.46 Off-Street Parking and Loading46-6|Page Use Minimum Stalls Required 4 Swimming pools, commercial2per 1,000 sq.ft.of pool area 4 Tennis facilities, commercial3 per court 3 Theater/auditorium1 per 3 seats Union halls13per 1,000sq.ft. Utility, Transportation, Public Facility, and Communication Uses 2 or 1 per employee (in the largest shift) + 1 per vehicle Public utility facilities used in conjunction with the use Retail, Service, and Office Uses Appliance stores2per 1,000sq.ft. Banks5per 1,000sq.ft. Drugstores5per 1,000 sq.ft. Financial institutions and savings and loanoffices4per 1,000sq.ft. Furniture stores2per 1,000 sq.ft. 5 Plant nursery with outdoor sales and display4per 1,000 sq.ft.of gross building area + 2per 1,000sq.ft. of outdoor display and greenhouse area Grocery stores5per 1,000sq.ft. 6 Health, figure,and exercise salons and spas6per 1,000sq.ft. 4 Hotels1.1 per guest unit 2per 1,000 sq.ft.of floor area + 1 per 1,000 sq.ft.of open Lumber yards area for sales and display + 1 per 2 employees 7 Medical, clinics6 per 1,000 sq.ft. Medical, hospitals1.75 per bed 5 + 250 sq.ft.of usable and accessible paved parking area Mortuaries for every 25 sq.ft.of assembly room floor area 4 Motels1.1 per guest unit 8 Offices4per 1,000sq.ft. Personal services4per 1,000sq.ft. 4 Resort hotels1.1 per guest unit Restaurants10 + 10 per 1,000 sq.ft.for first 3,000 sq.ft.+ 15 per each additional 1,000 sq.ft. 8 Retail uses, general4per 1,000 sq.ft. Shopping centers, community and regional5.5 per 1,000 sq.ft. 1,000-car parking area10% reduction 1,500-car parking area12% reduction 2,000-car parking area14% reduction 2,500-car parking area15% reduction Shopping centers, specialty and district5 per 1,000 sq.ft. Automobile and Vehicle Uses 46-7|PageChapter 25.46 Off-Street Parking and Loading Use Minimum Stalls Required Auto rental agencies2.5per 1,000sq.ft.of gross rentals Auto repair2.5per 1,000 sq.ft. Auto service stations10 spaces Auto washing, full service16 spaces Auto washing, self service5 per 2 stalls Auto and vehicle sales2.5per 1,000sq.ft. Industrial, Manufacturing, and Processing Uses 910 Industrial uses, general2 per 1,000 sq.ft. 11 Storage, personal storage facility6 + 2 per caretaker unit Support facilities for construction, renovation,and Provide as needed equipment installations 2 per 3 employees and not less than 1 per 1,000 sq.ft.for the first 20,000 sq.ft., 1 per 2,000 ssq.ft.f for the second Warehouses and storage facilities 20,000 sq.ft., 1 per 4,000 sq.ft.for areain excess of initial 40,000 sq.ft. Wholesaling and distribution1 per 3,000 sq.ft. Notes: 1.The number of beds used in the calculation shall match the resident capacity of the home as listed on the required license or permit. 2.Parking areas for boarding stables should be treated to prevent dust and designed to provide for the needs of customers and employees. 3.For facilities that include benches, 18 linear inches of bench shall be considered a fixed seat. For facilities, or portions thereof, that do not include fixed seats, parking shall be provided at the ratio of 1 space to 35 square feet of seating area. 4.As is needed, additional parking should be provided for other uses on the site. 5.Excluding greenhouses. 6.Swimming pool area shall be counted as part of afacility’s floor area. 7.Based upon submittal of a tenant improvement floor plan, Commission may grant up to a 15percent parking reduction. Items to be considered in granting such reduction include elevators, stairways, and landings; interior utility facilities; restroom areas; and non-leasable common areas. 8.Exclusive of stairways, elevators, landings, and mechanical rooms, not exceeding 15 percent of the gross floor area. 9.Excepting structures used exclusively for warehousing purposes. 10.Loading spaces may becounted as part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 11.Additional parking may be required by the Director through the precise plan process. B.Conditional use permit required. 1.Within the C-1 zone, parking is limited toa maximum of one space for every 250 square feet of floor area. To exceed this maximum, a conditional use permit may berequired. 2.As part of said conditional use permit the Commission may modify the parking requirements for said use. In modifying such requirements the Commission shall consider: i.The parking demand generated by said use in relation to other uses in the area. ii.The hours of operation of said use in relation to the hours of operation of other uses in the area. iii.The relationship of the type of useto other uses in the area. Chapter 25.46 Off-Street Parking and Loading46-8|Page iv.Any otherfactor the Commission might deem necessary in making its decision. C.Valet parking. Valet parking is subject to review and approval either at the time the predominant use is approved through a conditional use permit with insurance provisions or later as a specific item by the public works departmentbut not until one year after occupancy resulting from the conditional use permit. Existing commercial uses utilizing valet parking must have an approved valet parking plan which includes provisions for insurance for the patrons to the satisfaction of the city attorney. D.In-lieu parking payments. In commercial districts, parking spaces required by the provisions of this chapter may be satisfied by the payment of a fee per parking space to the off-street parking fund of the city prior to issuance of a building permit provided that the district in which the use is to be established is within an established parking district. Funds placed into the off-street parking fund pursuant to the provisions of this chapter shall be used exclusively for the purpose of acquiring and developing off-street parking facilities, limited insofar as practicable to the general vicinity of the premises for which in-lieu payments were made. The payment shall be in an amount set forth by Council resolution. This provision shall apply only to projects in the C-1 and OPdistricts and may not be used to replace more than 50percent of the required spaces. 25.46.050Golf Cart, Motorcycle, and Scooter Parking Requirements Up to 10percent of a development’s parking requirement may be met by parking for golf carts, motorcycles, and scooters. Parking spaces for these vehicles shall not measure less than5feet wideby 10 feetlong. Figure 25.46-2:TypicalGolf Cart, Motorcyle, and Scooter Parking Space 46-9|PageChapter 25.46 Off-Street Parking and Loading 25.46.060Bicycle Parking Requirements Each parking area associated with any type of land use listed under Section 25.46.040(Parking Requirements) of this chapter, except for single-family and two-family residential dwellings, shall provide a number of bicycle parking spaces in accordance withthe following: A.Number of required bicycle parking spaces. 1.Short-term Bicycle Parking. If a land use or project is anticipated to generate visitor traffic, the project must provide permanently anchored bicycle racks within 200feet of the visitor’s entrance. To enhance security and visibility, the bicycle racks shall be readily visible to passersby. The bicycle capacity of the racks must equal an amount equivalent to 5percent of all required off-street vehicle parking, as identified in Section 25.46.040(Parking Requirements). There shall be a minimum of one rack with capacity for two bicycles. 2.Long-term Bicycle Parking. Buildings with over 10tenant-occupants (e.g., multifamily tenants, owners, employees) shall provide secure bicycle parking for 5percent of all required off-street vehicle parking spaces, as identified in Section 25.46.040(Parking Requirements). There shall be a minimum of one long-term bicycle parking space. Acceptable parking facilities shall be convenient from the street and include oneor a combination of the following: i.Covered, lockable enclosures with permanently anchored racks for bicycles. ii.Lockable bicycle rooms with permanently anchored racks. iii.Lockable, permanently anchored bicycle lockers. iv.In the case of residential development, a standard garageis sufficient, if available. B.Bicycle racks.Required bicycle parking may be provided in floor, wall, or ceiling racks. Where required bicycle parking is provided with racks, the racks must meet the following requirements: 1.The bicycle frame and one wheel can be locked to the rack with a high-security U-shaped shackle lock if both wheels are left on the bicycle. 2.A bicycle of 6feet in length can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the wheels or components. C.Parking and maneuvering areas.Each required bicycle parking space must be accessible without moving another bicycle. There must be an aisle at least 5feet wide adjacent to all required bicycle parking to allow room for bicycle maneuvering. Where the bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way. The area devoted to bicycle parking must be hard surfaced. Chapter 25.46 Off-Street Parking and Loading46-10|Page 1.Visibility. If required bicycle parking is not visiblefrom the street or main building entrance, a sign must be posted at the main building entrance indicating the location of the bicycle parking. Figure 25.46-3:Required Bicycle Parking 25.46.070CleanAir Vehicle ParkingRequirements A.Clean air vehicle parking for nonresidential uses.The following is required by Title 24, Part 11 (CALGreen) of the California Building Code. Of the required off-street parking requirements for nonresidential uses identified in Section 25.46.040(Parking Requirements), approximately 8percent of these spaces should be designated parking spaces for any combination of low-emitting, fuel-efficient, and carpool/vanpool vehicles (including electric vehicles). There are no requirements for residential uses. Table 25.46- 2(Clean Air Parking Spaces for Nonresidential Uses)shows the number of required clean air vehicle parking spaces for nonresidential uses. Table25.46-2:Clean Air Parking Spaces for Nonresidential Uses Total Number of Off-Street Parking SpacesNumber of Off-street Parking Spaces to Be Clean Air (as identified in Section 25.46.040)Vehicle Parking Spaces 0–90 10–251 26–503 51–756 76–1008 101–15011 151–20016 201 and overAt least 8 percent of total 46-11|PageChapter 25.46 Off-Street Parking and Loading B.Parking stall marking.Paint, in the paint used for stall striping, the following characters such that the lower edge of the last word aligns with the end of the stall striping and is visible beneath a parked vehicle: 1.Clean Air 2.Vehicle 25.46.080Joint UseParking Dual use of parking may be allowed where the operating hours of the uses involved do not overlap. Joint use of parking shall not exceed 50percent of the required spaces of any uses involved. The agreement for the joint use shall be in the form of a recorded covenant and shall be acceptable to the city attorney. The approval for the joint use canbe granted only by the Commission and shall apply exclusively to the C-1 and OPzoning districts. 25.46.090Exceptions A.Precise plan exception. The standards of Sections 25.46.030(Parking Lot Design Requirements) and the design standards for off-street parking facilities shall be required unless modified by the precise plan. 25.46.100Off-StreetLoading A.Off-street loading requirements. Every hospital, institution, hotel, motel, commercial,or industrial building hereafter erected or established shall have and maintain loading spaces as provided subject to the following standards: 1.Each loading berth shall be not less than 45feet in length and 12feet in width exclusive of aisle or maneuvering space, and shall have an overhead clearance of not less than 14feet. 2.Such space may occupy all or any part of any required yard space, except front and exterior side yards, and shall not be located closer than 50feet to any lot in any residential zone unless enclosed on all sides except the entrance by a wall not less than 8feet in height. 3.Sufficient room for turning and maneuvering vehicles shall be provided on the site so that vehicles shall cross a property line only by driving forward. 4.Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley. 5.Entrance from and exits to streets and alleys shall be designed to minimize traffic congestion. Chapter 25.46 Off-Street Parking and Loading46-12|Page 6.The loading area, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, streets, or alleys. 7.Bumper rails shall be provided at locations where needed for safety or to protect property. 8.If the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to cause no annoying glare. 9.No repair work or servicing of vehicles shall be conducted in a loading area. 10.Off-street loading facilities shall be located on the same site with the use for which the berths are required. Figure25.46-4:Typical Loading Space 11.If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this title for each use. Where the gross floor area of each use is below the minimum requirement, the aggregate gross floor area should be used to determine the number ofoff-street loading berths and should be applied to the use requiring the greatest number of loading berths. 12.Off-street loading facilities for a single use shall be considered as providing required off-street loading facilities for any other use as long as sufficient spaces are provided to meet the requirements of all uses. 46-13|PageChapter 25.46 Off-Street Parking and Loading 13.At the time of initial occupancy, major alterations or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading berth requirements. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement. 14.Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facility. 15.Loading space being maintained in connection with any main building existing on the effective date of the ordinance codified in this chapter shall thereafter be maintained so long as the building remains, unless an equivalent number of such spaces are provided on a contiguous lot in conformity with the requirements of this chapter; however, this regulation shall not require the maintenance of such space for any type of main building other than those specified above. 16.No loading space which is provided for the purpose of complying with the provisions of this title shall hereafter be eliminated, reduced, or converted in any manner below the requirements established in this title, unless equivalent facilities are provided elsewhere, conforming to this title. B.Loading spaces required. Table 25.46-3(Off-Street Loading Spaces) identifies how many loading spaces are required for all hospitals, institutions, hotels,motels,andcommercial and industrial uses. Table 25.46-3:Off-StreetLoading Spaces Total Square Feet of Building Space(gross floor area)Loading Spaces Required Commercial and industrial buildings less than 6,000 sq.ft.0 6,000–15,000 sq.ft.1 15,001–40,000 sq.ft.2 40,001 sq.ft. and over3 Hotels and motels1 Hospitals and institutions 10,000–50,000 sq.ft.1 50,001–100,000 sq.ft.2 100,001 sq.ft. and over3 Chapter 25.46 Off-Street Parking and Loading46-14|Page ! Dibqufs!36/63! ! Mboetdbqjoh ! ! DIBQUFS!36/63! ! MBOETDBQJOH! ! Chapter 25.52–Landscaping Sections in this Chapter 25.52.010Purpose................................................................................................52-2 25.52.020Applicability...........................................................................................52-2 25.52.030Residential Landscape Provisions........................................................52-2 25.52.040Nonresidential Landscape Provisions...................................................52-3 25.52.050Parking Lot Landscaping Standards.....................................................52-6 25.52.060 Landscape Maintenance Requirements................................................52-9 25.52.070Landscape and Irrigation System Plan Reivew.....................................52-9 Changes from existing ordinance: Renumbering/renaming existing code sections Compiled landscaping and screening provisions into Chapter 25.52 Provision 25.56.310 –B moved to 25.52.050 –Parking Lot Landscape Standards Provision 25.56.310 –C moved to 25.52.040.C–Service Industrial Landscape Provisions 25.56.380 –Automobile Service Stations–Landscaping moved to 25.52.040.B–Commercial Landscape Provisions 25.56.450 –Take-Out Restaurants –Landscaping moved to 25.52.040.B–Commercial Landscape Provisions Landscaping provisions for commercial and industrial districts compiled in 25.52.040– Nonresidential Landscape Standards 25.58.100 –Landscaping Requirements moved to Chapter 25.52 –Landscaping 25.58.120 –Tree Requirements moved to Chapter 25.52 –Landscaping 25.58.121 –Parking Lot HardscapeRequirements moved to Chapter 25.52 –Landscaping 25.58.122 –Parking Lot Tree Irrigation Requirements moved to Chapter 25.52 –Landscaping 25.58.123 –Parking Lot Tree Maintenance and Installation Requirements moved to Chapter 25.52 –Landscaping 25.58.124 –Carport Structures in Lieu of Required Trees moved to Chapter 25.52 –Landscaping 25.58.125 –Landscaping Maintenance Agreement and Maintenance Requirements moved to Chapter 25.52 –Landscaping 25.58.130 –Landscape and Irrigation System Plan Review moved to Chapter 25.52 – Landscaping Substantive edits to existing code sections 25.52.010 –Purpose 25.52.020 –Applicability 25.52.030 –Residential Lanscape Provisions 52-1|PageChapter 25.52 Landscaping 25.52.010Purpose This purpose of this chapter is to establish minimum landscape standards to enhance the appearance of developments, provide shade, reduce heat and glare, control soil erosion, conserve water,ensure the ongoing maintenance of landscape areas, and ensure that landscape installations donot create hazards for motorists or pedestrians.All landscapingshall be planted and maintained according to Chapter24.04(Water-Efficient Landscape), and the landscape installation and maintenance guidelines in such a manner to maximize the growth, health,and longevity of the plantings. 25.52.020Applicability The regulations of this chapterapply to new and existing development, as follows. Deviations from the development standards of this article may be allowed on a case-by-case basis by the designated approving authority through site plan and architecturalreview. A.New projects.New commercial, industrial, mixed-use, multifamily residential, and single-family residential projectsshall be reviewed by the designated approving authority to ensure landscaping is provided in compliance with the requirements of this articleand Chapter24.04(Water-Efficient Landscape). B.Existing development.Where an existing nonresidential, mixed-use, and/or multifamily residential project requests an amendment that increases the building square footage by 10percentor more, the designated approving authority shall evaluate the existing landscape to ensure compliance with applicable requirements of this chapterand Chapter 24.04(Water-Efficient Landscape). 25.52.030Residential Landscape Provisions A.Single-family residential landscape installations equal to or greaterthan 5,000 square feet in size installed as part of new construction or remodel are subject to the standards of Chapter24.04(Water-Efficient Landscape)of the municipal code. B.For residential districts, at least 25 percent of the lot area shall be pervious surface. No more than 40 percent of the front yard area shall be non-pervious surface (e.g., used as a driveway). Deviations from these standards may be allowed through site plan and architectural review for small-lot single-family developments at the time of master home plan review where these standards preclude the maximum lot coveragefrom being achieved. C.Remaining unpaved portion of the setback areas shall be landscaped, irrigated, and maintained. All landscaping shall be maintained per the City’s Maintenance Guidelines and/or as often as necessary to prevent a nuisance. No junk, debris, or other similar materials shall be stored in the landscaped areas. D.Landscaping shallbe designed to prevent irrigation water from flowing over paved surfaces. Techniques include: 1.Off-setting any turf areas from driveways and sidewalks a minimum of 24inches to prevent overspray from sprinklers. Chapter 25.52 Landscaping52-2|Page 2.Using asubterranean irrigation system(versus spray irrigation)or drip irrigation system. 3.Other water conservation techniques. E.A minimum of two24-inch box shade treesarerequired within the front yard setback of all single-family residences. Figure 25.52-1 Maximum Non-Pervious SurfaceAreas 25.52.040Nonresidential Landscape Provisions A.Commercial landscaping requirements. Table 25.52-1 (Commercial Landscaping Requirements) identifies the minimum required depth of landscaped areas adjacent to residential districts and public right-of-ways and the minimum required coverage of landscapingfor commercial districts and specific commercial uses. 52-3|PageChapter 25.52 Landscaping Table 25.52-1:Commercial Landscaping Requirements Minimum Landscaping Minimum Landscaping Depth Required along Depth Required within Minimum Required District/Use Property Lines Adjacent Required Setback Adjacent Coverage to Residential Districtsto Public Right-of-Ways Commercial Districts C-1–General 1 10’-- Commercial District PC –Planned Commercial District District Commercial 2 -20’15% Center Regional Commercial 2 -30’20% Center Resort Center 3 Hotels--25% Other Uses--20% Specialty Commercial 2 -10’15% Center Specific Commercial Uses Automobile Service 4 --20% Stations Take-Out Restaurants--20% Notes: 1.This area shall be landscaped with plant materials. 2.Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and shrubbery and may include such items as sidewalks, access driveways, flagpoles, fountains, and other similar appurtenances. 3.Landscaping shall be developed as usable landscaped open space and outdoor living and recreation area with an adequate irrigation system. 4.Area shall be landscaped with plant materials designed to provide beautification and screening. B.Commercial landscape provisions. 1.C-1–General Commercial District. i.All nonpaved areas shall be landscaped and maintained to control dust. ii.Wherever off-street parking areas are situated across the street from property in a residential district, a masonry wall or berm 3feet in height shall be erected within the required landscapearea, outside of the public right-of-wayto adequately screen the residential properties. iii.An automatic irrigation systemshall be providedfor all landscaped areas. Chapter 25.52 Landscaping52-4|Page 2.PC –Planned Commercial District. Landscaping within required setback adjacent to the public right-of-way shall be provided and maintained in perpetuity subject to the following conditions: i.A distinct demarcation between asphalt paving and landscaped area shall be provided in accordance with Chapter24.04(Water-Efficient Landscape). ii.Berming (undulating or embanked) shall be required with a minimum variation of elevation being 30inches. Figure 25.52-2:Berm Elevation Requirement iii.An automatic irrigationsystem for landscaped area shall be provided. iv.No otherusage or storage is permitted within required landscaped area. C.S.I.–Service industrial landscape provisions. 1.Therequired front yard and required side yard on the street side of a corner lot, except for the area occupied by necessary drivewaysand walkways, shall be landscaped with trees and other plant materials. 2.Landscaping within required setback adjacent to the public right-of-way shall be provided and maintained, subject to the following conditions: i.A distinct demarcation between asphalt paving and landscaped area shall be provided in accordance with Chapter24.04(Water-Efficient Landscape). ii.At least one-third of the total landscaped area shall be provided by trees, shrubs, and other plant material. iii.Berming(undulating or embanked) shall be required with a minimum variation of elevation being 30inches. 52-5|PageChapter 25.52 Landscaping iv.An automatic irrigationsystem for the landscaped area shall be provided. v.No other usage or storage is permitted within the required landscaped area. 3.PI –Planned Industrial District.All landscaping requirements shall be determined by the ARC during its site plan review proceeding. 25.52.050Parking Lot LandscapingStandards A.Landscaping requirements. 1.A minimum of 15percent of the total off-street open parking area shall be landscaped with a mixture of trees, shrubs, vines, ground cover, hedges, flowers, bark, chips, decorating cinders, gravel,and similar material. A minimum of one- third of the required landscaping shall be distributed within the interior of the parking facility and the remaining two-thirds of the required landscaping shall be provided as peripheral planting on the exterior edges of the parking area. 2.All planter beds and tree planters shall be bordered by a concrete curb not less than 6inches in height adjacent to the parking surface. 3.All applicants creating new or rehabilitating parking lots shall provide a landscape plan for review and approval by the landscape manager and ARCfor said parking lots. The landscape plan shall incorporate water-conserving plant material and irrigation technologyin accordance with Chapter 24.04(Water- Efficient Landscape). 4.All landscape areas shall be well maintained in perpetuity. B.Screening requirements. 1.All off-street parking areas shall be screened to minimize the visual impact on adjacent streets and properties. No parking space shall be located within 6feet of any street property line. Any open areas in the interiors so formed shall be landscaped with appropriate plant materials. 2.Open parking facility or a loading area shall be screened from a residential district adjoining or directly across a street or alley. Screening shall be 6feet in height, except that screening to protect properties across a street may be not less than 4feet in height. Chapter 25.52 Landscaping52-6|Page Figure 25.52-3:Parking Lot Landscaping Requirements C.Tree requirements. 1.The intent of this code isto improveand maximize the landscaping within the off- street open parking areas to provide 50percent or more of shade coverage in 10 years. In order to achieve this coverage,the applicant shall plant single-trunk, low-branching treesin windy areas, and design, where possible, north/south- oriented parking areas to provide maximum shade. Landscaping shall be provided and maintained to the extent that at least one medium-or large-scale tree is planted for every three parking stalls. A diversity of tree species is required. 2.The minimum size tree planted shall be no less than a 24-inch box tree, sized to specifications according to the American Standard for Nursery Stock (ANSI Z60.1) and Arizona Nursery Association Grower’s standards. 3.Low water use and native plant materials shall be encouraged and used to the greatest extent possible. 4.Problematic trees having shallow or invasive roots or having brittle or weak branching structure shall be prohibited. 5.Parking lot trees adaptable to the Coachella Valleyenvironment shall be selected and planted according to the recommended parking lot tree list in the City’s parking lot tree design criteria and specifications on file in the City clerk’s office. 6.Where trees already exist, the parking lot shall be designed to make the best use of this existing growth and shade wherever it is reasonably possible. 52-7|PageChapter 25.52 Landscaping D.Parking lot hardscape requirements. Parking lot dividers, islands, planters,and planting areas shall be a minimum of 5feet wide and 10feet long except that all new or retrofitted tree planters shall be a minimum of 9feet by 7feet, measured to the inside perimeter of the planter, and shall have no less than 48square feet ofpermeable soil planting area. Figure 25.52-4:Parking Lot Hardscape Requirements E.Parking lot tree irrigation requirements. Automatic irrigation systems within parking lots shall be installed.Trees shall be irrigated with drip emitters, bubbler heads, or subterranean low-volume drip system. Trees shall be irrigated separately from shrubs and ground covers. F.Parking lot tree maintenance and installation requirements. All plants and irrigation systems shall be installed according to Chapter24.04(Water- Efficient Landscape). The owner shall guarantee the quality of work, health,and condition of plants and installation of materials including but not limited to plant types, size, spacing, and irrigation systems. Prior to final acceptance of the project, the City shall inspect and verifythat the installation is in compliance with the approved plans and specifications. All corrections, adjustments, and/or replacement of landscape elements shall be done prior to final approval by the City. In the event corrections cannot be made or an installation cannot be completed prior to issuance of a certificate of occupancy, the City shall require a cash deposit equal in value to the amount of landscaping not completed. A cash deposit is returned only when the City gives final approval of the project. Chapter 25.52 Landscaping52-8|Page G.Carport structures in lieu of required trees. Shade coverage requirements may be replaced by installing carport structures throughout the parking lot with some trees throughout the parking lot. The use of carport structures shall be approved through the architectural review process. The provision of carports shall not preclude the necessity for providing on-site perimeter landscaping. The carport design shall be integrated with the project architecture and landscaping providing space for trees between rows of carportscreating an aesthetically well- designed project. Threecarport-covered parking spacesshall be considered the equivalent of planting of one required tree. 25.52.060 Landscape Maintenance Requirements 1.Maintenance shall include, but not be limited to:proper pruning, watering, and fertilization of plants; periodic replacement of decomposed granite; irrigation system repairs and adjustments; removal, adjustment, and/or replacement of tree stakes; and weed removal. All missing, dead, dying,or significantly injured tree(s) must be replaced. Unless otherwise approved, a replacement tree(s) shall be the same size and type as removed. The minimum size replacement tree(s) allowed shall be no less than a 24-inch boxed tree. 2.All major tree-pruningwork for maintenance shall be supervised by anInternational Society of Arboriculture-certified arborist. All pruning shall be performed with an overall goal of providing maximum tree canopy development. The topping of trees is prohibited. Pruning to reduce the canopy coverage is also prohibited unless otherwise approved by the landscape manager. All significantly injured, decayed or dead trees, and trees found to be significantly damaged by improper pruning shall be removed and replaced. All maintenance work performed shall be in accordance with the City of Palm Desert’s landscape maintenance guidelines. 25.52.070 Landscape And Irrigation System Plan Review Landscape and irrigation plans shall be submitted for review and approval through the architecturalreview process. All submittals must be in compliance with this chapter and Chapter 24.04(Water-Efficient Landscape). 52-9|PageChapter 25.52 Landscaping ! ! ! Dibqufs!36/ DIBQUFS!36/67! 67 ! TJHOT! ! Tjhot ! ! Chapter 25.56–Signs Sections in this Chapter 25.56.010 Purpose and Intent...............................................................................56-1 25.56.020 Applicability...........................................................................................56-2 25.56.030 Sign Permit and Design Review Requirements....................................56-2 25.56.040 Exempt signs........................................................................................56-4 25.56.050 Prohibited Signs....................................................................................56-5 25.56.060 General Provisions for All Signs...........................................................56-8 25.56.070 Permanent Signs................................................................................56-13 25.56.080 Standards for Specific Types of Permanent Signs..............................56-19 25.56.090 Temporary Signs................................................................................56-29 25.56.100 Comprehensive Sign Program............................................................56-33 25.56.110 Nonconforming Signs..........................................................................56-35 25.56.120 Abandoned Signs...............................................................................56-36 25.56.130 Abatement of Illegal Signs..................................................................56-36 25.56.140 Penalties.............................................................................................56-37 Changes from existing ordinance: Renumbering/renaming existing code sections The contents of Chapter 25.68 have been relocated to this chapter. Definitions have been moved to the definitions chapter for the full ordinance (Chapter 25.99) 25.56.010Purposeand Intent The intent of this chapter is to implement the goals and policies of the general plan, particularly with regard to developing a city that is visually attractive and preserving and enhancing the visual aspects of the city’s streets, highways, vistas and view sheds. The purpose of these regulations are to: A.Provide each sign user an opportunity for adequate identification while guarding against excessive advertising and the confusing proliferation of signs by regulating the time, place, manner, and design quality under which signs may be displayed. B.Ensure signs are in harmony with the building, the neighborhood (both existing commercial and residential or existing or proposed residential communities), andother signs in the area by eliminating sign clutter and promoting compatibility, proportion, simplicity, design quality, and signeffectiveness. C.Protect the safety of motorists and pedestrians by minimizing the distraction of excessive andintrusive signs as well as to protect the life, health, property, and general welfare of residents and visitors. 56-1|PageChapter 25.56 Signs 25.56.020Applicability A.Signs allowed. The sign standards provided in this chapter are intended to apply to all types of signs in all zoning districts in the city. Only signs authorized by this chapter shall be allowed. Signs erected illegally shall be abated in compliance with Section 25.56.130 (Abatement of Illegal Signs). B.New zoning district. If a new zoning district is created after the enactment of this chapter, no signs shall be allowed until this chapter is amended to govern the new zoning district. C.Sign review criteria. The sign review criteria specified inthis sectionshall be used by the applicable review authority during the design review process to ensure that signs are well designed, compatible with their surroundings, and do not detract from the overall visual quality of the city. D.Nonconforming signs. An existing legally permitted sign that does not conform to the requirements of this chapter shall be deemed a lawful nonconforming sign and shall be subject to the requirements of Section 25.56.110 (Nonconforming Signs). E.Official signs. Nothing contained in this chapter shall prevent the installation, construction, or maintenance of official traffic, fire, or police signs, temporary traffic- control signs used during construction and maintenance of utility facilities, and substructure location and identification signs required to protect these facilities, devices, and markings of the state Department of Transportation, Director,Council, or of other competent public authorities, or the postingof the notices required by law. 25.56.030Sign Permit and Design Review Requirements A.Sign permit application.It is unlawful for any person to place, alter, or to permit the placement or alteration of a sign, including painted signs,upon any property without first obtaining an approved sign permit application from the Department. Signs that are exempt from this requirement are listed in Section 25.56.040 (Exempt Signs). B.Application contents. Applications for sign permits shall be made on a form provided by the Department and shall be accompanied by a fee as established by Council resolution. The application shall provide the information and material specified in the department’s handout for a sign permit application. The applicant shall also provide a signed statement from the property owner or authorized representative that the owner or representative has reviewedthe proposed sign(s) and approves of the proposed sign(s) and their location prior to submittal of the sign permit application to the City. C.Design review required. The following sign types and sign programs shall be submitted to the ARCfor approval priorto approval of a sign permit application: 1.Freestanding signs (monument signs)require a sign design review as required by Section 25.68.050(Sign Design Review). 2.Comprehensive sign programs shall be reviewed forcompliance with Section 25.68.060(Comprehensive Sign Programs). Chapter 25.56Signs56-2|Page 3.Individual signs for any building with more than 100lineal feet of building frontage facing a public or private right-of-wayshall be reviewedaccording to Section 25.68.050 (Sign Design Review). 4.Any sign that the Director determines should be reviewed by the ARCdue to the unique design, context, color, size, shape, location, or circumstance of the sign are subject to the requirements of Section 25.68.050 (Sign Design Review) D.Sign Review Criteria. In approving or rejectinga sign permit application, the reviewing authority shall consider the design review criteria provided herein. The design criteria shall not be construed or applied in a manner as to violate any legal rights bestowed by state or federal law. The reviewing authority shall find: 1.That the sign is necessary for the applicant’s enjoyment of substantial trade and property rights; 2.That the sign is consistent with the intent and purpose of this chapter and title; 3.That the sign does not constitute a detriment to public health, safety and welfare; 4.That the size, shape, color, height, and placement of the sign is compatible with and will have a harmonious relationship to the building it identifies, the surrounding neighborhoods, and other signs in the area; 5.That both the location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions) are legible under normal viewing conditions prevailing where the sign is to be located; 6.That the location, height, and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs; 7.That the location and design of the proposed sign, its size, shape, illumination, and color are compatible with the visual characteristics of the surrounding area so as not to detract from or cause depreciation of the value of adjacent developed properties; 8.That the location and design of a proposed sign in close proximity to a residential district does not adversely affect the value or character of the adjacent residential uses; 9.That any neon tubing used in conjunction with anysign is incorporated as an integral part of the sign design with careful attention to color, intensity of light, and the use of colors that are not overly bright; and 10.That the quantity of information displayed in the sign does not cause visual clutter. 56-3|PageChapter 25.56 Signs 25.56.040Exempt signs The following signs, if not illuminated, shall be allowed in residential, commercial, and industrial zoning districts without a sign permit application subject to any specific limitations provided below: A.Nonresidential only; one identification sign not exceeding 1square foot in area displaying only the name and address of the owner or occupant and/or hours of business operation. B.Temporary signs in compliance with Section 25.56.090 (Temporary Signs). A temporary sign permit may be required in some instances. C.Signs inside a building set back 5feet or more from a window and not readily visible from public right-of-way. D.Directional or safety signs provided that signs do not exceed 3 square feet per face. E.Official emblems or flags of nonprofit organizations. F.Religious, charitable, educational, or cultural posters not exceeding 16square feet in area and not displayed for a period greater than 30days. G.A “no trespassing” or “no dumping” sign not exceeding 3square feet shall be permitted for each property in addition to other authorized signs. H.Governmental or other legally required posters, notices, or signs. I.Political signs in compliance with the provisions of Section 25.56.090.C. J.Directional and public convenience signs for public and quasi-public uses. The total number of signs allowed shall be based on the minimum number necessary for adequate public identification as determined by the Director. K.Utilityor telephone pay station signs. L.Bingo signs, provided that said signs shall not exceed a maximum of 3square feet in area; are not installed more than 48hours before the event; and are removed immediately following the event. M.Lottery signs for a business licensed to sell California State Lottery tickets shall be entitled to one window-or door-mounted lottery decal 5.5inches by 5.5 inches and no more than one specific identification poster not to exceed 7 square feet. N.“Open” signs, either mounted on the inside of a window or on a pedestal near the main entrance if a window sign is not used. Maximum sign area shall be 3square feet. Signs may be double-sided. Pedestal signs shall be located on private property and shall not interfere with pedestrian movement. Signs shall not flash, move, blink, rotate, or appear to do any of the foregoing. Chapter 25.56Signs56-4|Page 25.56.050Prohibited Signs The following signs, displays, and devices, as defined in Chapter 25.99 are prohibited in the city: A.Advertising devices. B.Awnings that are back-lit (internally illuminated) so that the awning radiates light. C.Business and identification signs that mention more than two goods or services sold or available on the premises. D.Cabinet or can signs that are internally illuminated with translucent panels that allow the entire sign background to be illuminated. Signs with internal illumination are permitted only if the sign background is opaque and the only portion of the sign that appears illuminated is the lettering and/ora registered trademark or logo. E.Electronic changeable copy signs. F.Commercial mascots. G.Neon signs, except those placed in windows. H.Off-site outdooradvertising signs (billboards). I.Pole signs. J.Roof signs. K.Signs that rotate, move, flash, blink, or appear to do any of the foregoing with the exception of approved time and temperature displays. L.Signs on public property, in the public right-of-way, or on public utility poles unless otherwise authorized by this chapter. Signs shall include, but not be limited to, Realtor, open house, and garage sale signs. This prohibition shall include all portable signs including those placed on vehicles with the exception of vehicle identification signs, and permitted signs on taxicabs. M.Temporary or portable freestanding signs, except as otherwise provided in this chapter. N.Vehicle signs. 56-5|PageChapter 25.56 Signs Figure 25.56-1: Prohibited Signs Chapter 25.56Signs56-6|Page 56-7|PageChapter 25.56 Signs 25.56.060General Provisions for All Signs A.Compliance required. No person shall erect, re-erect, construct, enlarge, alter, change copy, repair, move, improve, remove, convert, or equip any sign or sign structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter. B.Uncertainty of chapter provisions. The ARCshall have the authority to interpret the provisions of this chapter at the request of the Director, or when an appeal of a decision of the Director is filed with theARC. C.Sign integration requirement. All signs shall be designed as an integral part of the overall building design and shall be located in a manner consistent with the building’s design. D.Sign construction. Signs that are not temporary signs shall be constructed of permanent materials, includingbut not limited to metal, wood, acrylic, or other comparable durable weatherproof materials. E.Sign area computation.The area of signs shall be calculated accordingtoFigure 25.56-2(Sign Area Calculations). Chapter 25.56Signs56-8|Page Figure 25.56-2:Sign Area Calculations 1.The area of a sign shall be measured within a single continuous perimeter of not more than eight straight lines enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. 2.In the case of a sign designed with more than one exterior surface (e.g., two sides), the area shallbe computed as including only the maximum single display surface that is visible from any ground position at one time. 3.The supports, uprights, or structure on which any sign is supported shall not be included in determining the sign area unless the supports, uprights, or structures are designed in a manner as to form an integral background of the display. F.Sign height measurement—monument signs. The height of a monument sign shall be measured from the highest part of the text area of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever the Directordetermines is appropriate given the physical characteristics of the site. Decorative features of the sign approved by the ARCmay be excluded from the measurement of sign height. 56-9|PageChapter 25.56 Signs Figure 25.56-3:Sign Height Measurement–Monument Signs G.Sign height—wall signs. The uppermost part of a wall-mounted sign shall not be higher than the eave line of the building on which it is located as measured from the underside of the eave and in no event higher than 20feet. Figure 25.56-4: Sign HeightMeasurement–Wall Signs H.Electrical raceways and conduits. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical, or doing so would damage significant architectural features or materials, the ARCmay grant a waiver of this requirement provided all raceways, conduits, and similar devices are designed in a way that they appear to be part of the overall sign or building design. I.Frontage on two or more streets. A business on a lot that has frontage on more than one street shall be allowed the authorized sign area on each street; provided, that the permitted sign areas may not be accumulated on one street and shall not exceed the allowed sign area of any one street. Chapter 25.56Signs56-10|Page J.Sign removal or replacement. When a sign is removed all brackets, poles, and other structural elements that supported the sign shall also be completely removed. All holes and affected building surfaces shall be restored to match the adjacent portion of the building. K.Sign colors. The standards for signs in this chapter are premised aesthetically on the use of limited colors per sign so as to minimize excessive contrast and thereby establish more readable, less confusing signs. Signs for commercial complexes, shopping centers, other commercial and industrial development, including individual businesses, shall be limited by the following: 1.Signs shall be limited to a maximum of three colors per sign. If a federally regulated trademark sign has more than three, then the maximum size allowed for that sign shall be reduced by 20percent for each additional color. 2.For purposes of calculating reductions in size where more than three colors are involved, the maximum sign size resulting from the first 20percent reduction shall form the basis for the second 20percent reduction, and so on for each subsequent 20percent reduction. For example, if the maximum size allowed for a given three-color sign is 10square feet, then the maximum size allowed for a five-color sign would be 6.4 square feet:80% x (10 x 80%). 3.The ARC may waive the above-noted required size reduction or part thereof if it specifically finds that the proposed sign is desirable due to its quality, uniqueness, design,or other features determined by the ARC. L.Illuminated signs and lights. The following standards shall apply to all illuminated signs: 1.All illuminated signs shall be designed with a dimmer system to avoid undue glare or reflection of light on private property in the surrounding area. 2.External light sources shall be shielded from view and directed to illuminate only the sign face(see Figure 25.56-5below). Figure 25.56-5Sign Illumination 56-11|PageChapter 25.56 Signs 3.Internal illumination is permitted only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering and/ora registered trademark or logo. 4.Reflective-type bulbs and incandescent lamps shall not be used on the exterior surface of signs so that the bulb or lamp is exposed to view from any direction. 5.Each new illuminated sign shall be subject to a 30-day review period during which time the Directormay determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Director may order the dimming of any illumination found to be excessively bright. M.Signs to face public or private right-of-way. All signs permitted under this chapter shall be placed on the side of property facing a public or private right-of-way. N.Maintenance of signs. 1.For the public health, safety, and welfare all signs shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of defective parts, wiring, ballast, painting, repainting, cleaning, and other acts required for the maintenance of the sign. If the sign is not made to comply with safety standards, the Directorshall require its immediate repair or removal in compliance with the chapter. 2.Signs illuminated either internally or externally shall be capable of being fully illuminated and legible with the face(s) intact (without holes or other exterior damage). Any illuminated sign not in compliance with these and other maintenance standards in this section shall be cited by the Directorand shall be brought into compliance with applicable standards or proof of a contract for repair and maintenance shall be approved within 30days or shall be subject to abatement as a public nuisance. Illuminated signs that, because of expired or damaged lighting elements, become non-legible shall be ordered to remain unlighted until repaired. 3.When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. 4.In the case of abandoned signs, the identification, name, and copy pertaining to the abandoned business shall be removed and replaced with a blank panel or white space within 30days of vacating the business. 5.When it is determined by the City that a sign may cause imminent danger to the public safety and contact cannot be made with a sign owner or building owner, no written notice shall be required. In this situation, the City may correct the danger. The city shall Cause to have removed any sign that endangers the public safety, including abandoned, materially dangerous, electrically,or structurally defective signs. Chapter 25.56Signs56-12|Page 6.Notices of violation shall be sent by the Directorby certified mail. Time periods provided in this section shall be deemed to commence on the date of the mailing. Any person having an interest in the sign or the property may appeal the citation ordering the removal of compliance by filing a written notice of appeal with the Directorwithin 30days after the date of mailing the notice, or 30days after receipt if the notice was not mailed. 7.Signs removed by the City shall become the property of the City and may be disposed of in any matter deemed appropriate by the City. The cost of the removal of any sign by the City shall be considered a debt owed to the City by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the City or by assessment against the property. The cost of removal shall include any incidental expenses incurred by the City in connection with the sign’s removal. 25.56.070Permanent Signs A.Purpose. The number and area of signs as provided in this chapter areintended to be maximum standards. However, the standards do not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated standards, the approving authority shall also give consideration to a sign’s relationship to the overall appearance of the subject property, as well as the surrounding community with the goal being to minimize visual pollution, excessive illumination, and excessive contrasting colors. Compatible design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval. B.Relationship to other provisions.The tables contained within this section provide regulations for permanent signs in residential and nonresidential zoning districts. References in the last column provide additional regulations for specific sign types located elsewhere in this chapter. In the case of an inconsistency between regulations provided in the tables and regulations provided for specific sign types, the regulations for specific sign types shall take precedence. C.Signs allowedin residential zoning district. Table 25.56-1 (Signs Allowed in Residential Zoning Districts) provides dimension and other development standards. 56-13|PageChapter 25.56 Signs Table 25.56-1:Signs Allowed in ResidentialZoning Districts Allowed Max. Max. Sign Max. Sign Lighting Sign ClassSign LocationAdditional NumberAreaHeightAllowed Types 1. Name plateBelow eave One per Name of Single-family of roof or Near main Internal Wallsingle-family 2 sq. ft.occupancy and usesparapet or 4 entranceonly useaddress only ft. if on pole 2. Identification One sign per 10 sq. ft. plus signcomplex one Multifamily or Alternative: 2 Below eave additional sq. Wall or At or near condominium signs per of roof or Name of ft. for each 10 monument main External complexmain parapet for complex only units. signentrance entrancewall sign Max. 50 sq. with max. 15 ft. total sq. ft. each 3. Identification At primary Wall or Two signs per sign entrances to External Name of monument primary 40 sq. ft. total6 ft. residential onlycomplex only Residential signentrance community community One sq. ft. of sign area for 4. Identification each 10 At primary Wall or One sign per sign lineal ft. of entrances to External Name of monument street 6ft. street mobile home onlycomplex only Mobile home signfrontage frontage. park park Max. 40 sq. ft. total Below eave of roof or Allowed for 5. Identification parapet for Wall or churches, day sign At primary External wall sign. monument One sign20 sq. ft.care centers, Nonresidential entranceonly signprivate clubs, 6 ft. for uses and similar uses monument sign Below eave Only for of roof or commercial 6. Identification parapet for uses allowed Wall or sign At primary External wall sign. One sign20 sq. ft. monument with a Commercial entranceonly signconditional use 6 ft. for uses (offices) permit(offices) monument in the R-3 zone sign Only for hotels 7. Identification and motels Standards shall be the same as for uses in commercial and industrial zones. However, the sign allowed with a number of signs, sign area, height, and illumination may be reduced if the use is located in conditional use Hotels and or adjacent to a residential zone permit in the R-3 motels zone 8. Temporary See Section 25.56.090 (Temporary Signs) signs D.Signs allowedin commercial and industrial zoning district. Table 25.56-2 (Signs Allowed in Commercial and Industrial Zoning Districts) provides dimension and other development standards. Chapter 25.56Signs56-14|Page Table 25.56-2:Signs Allowed in Commercial and Industrial Zoning Districts Max. Allowed Max.Sign Max. Sign Sign Lighting Additional Sign ClassNumber of Sign TypesAreaHeightLocationAllowedRequirements Signs Building-Mounted Signage Sign shall 1a. Business Flush-be located Below eave identification mounted or adjacent to One per line of sign projecting the right-of-Section building building and Yes Building-way from 25.56.080.A Up to 50 ft. of frontagenot higher mounted wall which its building than 20 ft. sign area is frontage determined 1sq. ft. of sign area per lineal foot of Within 100 ft. building of public frontage ROW Max. sign area 50 sq. ft. 1.5 sq. ft. of sign area per lineal foot of More than building 100 ft. from frontage public ROW Max. sign area 75 sq. ft. 50 sq. ft. of sign area for Sign shall 1b. Business Flush-first 50 ft. of be located Below eave identification mounted or frontage; and adjacent to One per line of sign projecting 0.5 sq. ft. of the right-of-Section building building and Yes building-sign area for way from 25.56.080.A 50–100 ft. of frontagenot higher mounted wall each lineal ft. which its building than 20 ft. sign of building area is frontage frontage up determined to 100 ft. Within 100 ft. Max sign of public area 75 sq. ROWft. 75 sq. ft. of sign area for first 50 ft. of frontage; and 0.5 sq. ft. of sign area for More than each lineal ft. 100 ft. from of building public ROW frontage up to 100 ft. Max. sign area 100 sq.ft. 56-15|PageChapter 25.56 Signs Max. Allowed Max.Sign Max. Sign Sign Lighting Additional Sign ClassNumber of Sign TypesAreaHeightLocationAllowedRequirements Signs 75 sq. ft. of sign area for Sign shall first 100 ft. of 1c. Business Flush-be located frontage; and Below eave identification mounted or adjacent to One per 0.25 sq. ft. of line of sign projecting the right-of-Section building sign area for building and Yes building-way from 25.56.080.A More than frontageeach lineal ft. not higher mounted wall which its 100 ft. of of building than 20 ft. sign area is frontage frontage in determined excess of 100 ft. Max sign area as approved by ARC 100 sq. ft. of sign area for Within 100 ft. first 100 ft. of of public frontage; and ROW 0.25 sq. ft. of sign area for each lineal ft. of building frontage in excess of 100 ft. Max sign More than area as 100 ft. from approved by public ROW ARC The total aggregate sign area of the secondary Sign design shall sign(s) Building- be consistent with Two per together with 2. Business mounted wall primary business business the primary Below eave identification sign sign and shall be subject to the sign shall not line of sign ancillary to the maximum sign exceed the buildingandYes Secondary main business area allowed maximum not higher Flush- business sign for the sign area than 20 ft. mounted or signs businessallowed for Section projecting the business 25.56.080.C as determined by items 1a, 1b, and 1c above Single tenant building; one- Signs shall be half the sign reverse “halo” lit area allowed or non-illuminated 3. Business Below eave for the front On the individual letters identification Building-One sign line of of the freeway sign mounted wall facing the building and YesIlluminated signs building side of the sign freewaynot higher turned off at Freeway- building Multitenant than 20 ft.11:00 p.m. oriented signs building: 16- Section inch high 25.56.080.H letters maximum Chapter 25.56Signs56-16|Page Max. Allowed Max.Sign Max. Sign Sign Lighting Additional Sign ClassNumber of Sign TypesAreaHeightLocationAllowedRequirements Signs Shall be located on 4. Business 50% of sign the side of Building- identification areaallowed Below eave the building mounted, One sign per sign for business line of where the Yes flush business in single-buildingmajority of Second story mounted only story buildingthe business sign business is located Freestanding monument signs Maximum of one-half the total sign area allowed To identify a for the front 6 ft. unless building, of the topographic commercial or building. The or other industrial 5a. Business sign area of features complex, or identification Freestanding the necessitate shopping center sign One sign per monument monument a higher Yes with frontage on a street frontage Multitenant signsign shall be sign. In no public or private sites less than in addition to event shall street 5 acres the allowed total sign sign area for height Section the building exceed 10 ft. 25.56.080.B or business. Maximum sign area 50 sq.ft. 10 sq. ft. per acre of 6 ft. unless subject site. topographic The sign 5b. Business or other area of the identification features monument sign necessitate Freestanding sign shall be One sign per Section a higher monument Yes Multitenant in addition to street frontage25.56.080.B sign. sign sites with the allowed more than 5 In no event sign area for acresshall total the building sign height Maximum exceed 10 ft. sign area 100 sq.ft. Miscellaneous signs Letter height One sign per Placed on 6. Business shall not awning the awning identification Permanent exceed one-Section or awning No Allowed in sign awning signthird of the 25.56.080.E valance, but addition to awning Awning sign not on both other signs height 56-17|PageChapter 25.56 Signs Max. Allowed Max.Sign Max. Sign Sign Lighting Additional Sign ClassNumber of Sign TypesAreaHeightLocationAllowedRequirements Signs 25% of total window area One sign per facing a 7. Business individual Not allowed public street On inside of identification window Permanent above Section or public window Yes sign window signground floor 25.56.080.D Allowed in parking area surface windows Window signaddition to including other signs temporary window signs Near main 8. Business One per A-frame, entrance on identification establishment3 sq. ft. pedestal, orprivate Section sign another well-54 inchesproperty, No Allowed in May be two- 25.56.080.G designed and oriented Pedestrian-addition to sided sign standto oriented signother signs pedestrians 25 sq. ft. for Building-One per Below eave 9. Attraction flush- mounted establishment line of boards mounted Section building and Yes Flush-Allowed in 25.56.080.J Theaters and15 sq.ft. per not higher mounted or addition to nightclubsside for than 20 ft. projectingother signs projecting Building- Shall not mounted or encroach window 10. Menu Within into the May be on board One per window area public right-Section 3 sq. ft.Yes pedestal if establishmentor 6 ft. if on of-way or 25.56.080.K Restaurant restaurant is pedestalobstruct menu board set back pedestrian more than 5 movement ft. from ROW 1.5 sq. ft. of sign area per 11. One per Near main tenant, plus Multitenant courtyard or entrance to an additional courtyard or plaza Wall or courtyard or Section 2 sq. ft. to 7 ft.No plaza ground signplaza and 25.56.080.I Allowed in provide oriented to Business addition to directions to pedestrians directory signother signs the courtyard or plaza 12. Gasoline service stations. See Section 25.56.080(L) (Gasoline Service Stations) 13. Temporary signs. See Section 25.56.090 (Temporary Signs) Chapter 25.56Signs56-18|Page 25.56.080Standards for Specific Typesof Permanent Signs A.Building-mounted wall signs. Figure 25.56-6:Wall Sign Examples 1.Signs shall be located only on a building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located. 56-19|PageChapter 25.56 Signs Figure 25.56-7:Appropriate Wall Sign Location 2.Electrical raceways for signsshall be designed as an integral part of the sign or building design and shall not be visible. Figure 25.56-8:Electrical Raceways Chapter 25.56Signs56-20|Page 3.Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. 4.Signs shall be located within the middle 50percent of the building or occupancy’s frontage (e.g.,in-line tenant) measured from lease line to lease line. Figure 25.56-9:Appropriate Wall SignLocation (In-line Tenant) 5.Signs located on adjacent walls on the same building shall be separated at the corners of the building with adequate spacing. Figure 25.56-10:Required Separation for Wall Signs 56-21|PageChapter 25.56 Signs B.Freestanding monument signs. Figure 25.56-11:FreestandingSign Examples 1.A single-tenant building, multitenant building with unshared access, commercial or industrial complex, or shopping center shall be entitled to one freestanding monument sign per frontage on a public or private street. Chapter 25.56Signs56-22|Page 2.When a shopping center or industrial park has street frontage on any one street in excess of 1,600lineal feet, one additional sign shall be permitted. Freestanding signs on the same street shall be separated by a minimum distance of 400 lineal feet. 3.All freestanding monument signs shall be placed within a permanently landscaped area not less than 24square feet, be architecturally compatible with the building or complex, and not encroach in the public right-of-way. 4.When approving any freestanding sign the ARCshall affirmatively make the finding that the approval shall visually enhance the aesthetic quality of the property on which the sign is to be located. 5.Freestanding monument signs shall not contain phone numbers. C.Secondary business signs. Figure 25.56-12:Secondary BusinessSigns 1.Secondary business signs shall be clearly ancillary to the main business sign and in no event shall the aggregate sign area exceed the maximum permitted under this chapter. 2.The design of secondary business signs shall be architecturally consistent with the main business identification sign. 3.The total aggregate sign area of the primary sign together with the secondary sign shall not exceed the maximum sign area allowed for the business. 4.Where a proposed secondary business sign is a registered federally regulated trademark sign, the size of the trademark sign may be subject to size reduction requirements in compliance with Section 25.56.060 (General Provisions for All Signs). 5.No more than two secondary signs allowed except as otherwise provided in this chapter. 56-23|PageChapter 25.56 Signs 6.Secondary signs shall not contain phone numbers. 7.Slogans, mottos, or sayings may be used instead of secondary business signage. D.Window signs—permanent. Figure 25.56-13:Window Signs (Permanent) 1.Signs shall be allowed only on windows located on the ground floor of abuilding frontage. 2.Signs shall be permanently painted, etched, or mounted on the inside of windows. Chapter 25.56Signs56-24|Page 3.Signs located more than five feet from a window is not considered a window sign and shall be allowed. 4.Window signs shall be allowed in addition to the aggregate sign area allowed for wall and projecting signs. E.Signs on awnings, marquees, canopies, arcades, or similar structures. Figure 25.56-14:Awning Signs 1.All awnings shall be reviewed and approved by the ARC. The awning shall be architecturally compatible with the building and as a result an awning may not be appropriate for every building. 2.Signs on awnings shall be kept in good repair, clean, and not faded. 56-25|PageChapter 25.56 Signs 3.Signs on awnings (lettering and numbers), including lettering style and colors shall blend aesthetically with the awning and building to which it is attached. 4.When required by the building official, street address numbers shall comply with the requirements of Palm Desert Municipal Code Section 15.15.010 and Table 15.15.020(A). 5.Awnings shall not contain phone numbers. F.Projecting signs.Projecting signs shall not extend below 8feet from the sidewalk or the right-of-way. Figure 25.56-15:Projecting(Blade)Signs Chapter 25.56Signs56-26|Page G.Pedestrian-oriented signs. 1.Where the principal sign for a business is located so that it cannot be seen by pedestrians on the same side of the street, one business identification sign, in addition to other signs allowed in this Chapter, shall be permitted subject to the following standards: i.Maximum sign area shall be 3 square feet. ii.Signs shall be projecting, hanging, or mounted on a pedestal. Signs on pedestals shallnot exceed 54 inchesin height. iii.Signs shall not be used as “open” signs. iv.Signsshall be designed and located so as to not distract from the appearance of the building or violate the intent of this Chapter. 2.Businesses in the commercial and industrial districts may place a pedestrian- orientedsign, pedestal mounted “open” signs in front of their place of business subject to the following standards: i.Maximum sign area shall be 3 square feet. ii.Maximum sign height shall be 54 inches. iii.Signs shall be placed onprivate property in a location that does not impede pedestrian traffic flow. iv.Signs shall not include extraneous verbiage advertising the business, specials, or sales events. v.Signs shall be removed when the business is not open for business. 3.For businesseson El Paseo between Portola Avenue and Highway 74, the above standards apply with the following additional standards: i.Signs permitted under this Subsection shall be limited to the word “open” and the business name only. ii.Logos are not permitted. iii.Signs shallbe in two colors only, excluding florescent colors; black and white will be considered colors and the sign shall not contain extraneous decoration. iv.Signs shall be mounted on pedestal using one of the two sign colors. v.Signs shall professionally manufactured and well-maintained at all times. 56-27|PageChapter 25.56 Signs H.Signs facing the freeway. Businesses located in buildings with one side facing the freeway shall be entitled to one sign on the freeway side of the building in addition to other allowed signs for the front of the building, provided the freeway facing sign complies with the following requirements: 1.Signs for single-tenant buildings shall be limited to 50percent of the total sign area allowed on the front of the building. 2.Signs for multitenant buildingsandindividual business signs shall be limited to a maximum of 16-inch high letters. 3.All signs facing the freeway shall use black font type Bernard Gothic T Medium, except for federal trademark signs. 4.All signs facing the freeway shall be either reverse “halo” lit or non-illuminated individual letters. 5.Illuminated signs shall be turned off and non-illuminated after 11 p.m. 6.No logos, slogans,or phone numbers as part of the signage allowed. I.Directional signs for courtyard or plaza businesses. Where commercial buildings or complexes are designed to contain tenant spaces oriented to an interior courtyard or plaza and where the principal business identification sign is located on that courtyard or plaza frontage, the commercial building or complex shall be permitted a pedestrian directional sign(s). The directional sign shall group the names of businesses and/or principal services to be found in the courtyard or plaza subject to the following standards: 1.Signs shall be located at major pedestrian entrances to the plaza or courtyard. 2.Signs shall not encroach into the public right-of-way. 3.Signs shall be properly integrated into the architectural and landscape design of the building. 4.Signs including supports shall have a maximum width of 4feet, whether wall- mounted or freestanding. J.Attraction boards for theaters and nightclubs. In addition to the principal sign area, one attraction board to advertise nightclub or theater entertainment shall be allowed. The information on the attraction board shall be limited to coming and current entertainment only. Attraction boards shall not be used to advertise rates or prices of attractions. K.Restaurant menu boards. In addition to the principal sign area, a restaurant may have one sign on a wall or window displaying the menu and/or daily specials. When a restaurant is set back more than 5feet from the public right-of-way or pedestrian walkway, a freestanding easel may be set up within the setback to display the menu board during hours when meals are being served. The sign shall not encroach into the public right-of-way or obstruct pedestrian movement. Chapter 25.56Signs56-28|Page L.Gasoline service stations. Gasoline service stations shall be limited to those signs approved by the ARCas a part of their action on a conditional use permit and/or amendment thereto. Service station signs shall not exceed the following limitations: 1.One double-faced freestanding monument sign not to exceed 24square feet in area or not to exceed 8feet in height, and advertising only the name of the company. 2.One 10-square-foot maximum wall sign advertising the company name and/or operator. 3.One wall or ground sign, not exceeding 8square feet in area and 8feet in height for a ground sign, advertising the actual lowest price per gallon including all taxes at which gasoline are currently being offered. Any special conditions required for sale at the lowest price shall also be indicated. 25.56.090Temporary Signs A.Applicability. The temporary signs listed below in Table 25.56-3 (Temporary Sign Standards) shall be allowed subject to the requirements of this section. Temporary signs in violation of this section shall be treated as illegal signs and shall be subject to abatement under the requirements of Section 25.56.130 (Abatement of Illegal Signs). B.Civic events. Nothing contained in this section shall prevent the Councilfrom granting a special permit application or otherwise permitting signs, displays, or advertising pertaining to a civic, patriotic, or special event of general public interest taking place within the city when it can be found that the signs, displays, or advertising will not be materially detrimental to the public welfare, interest, or safety, nor injurious to adjacent property or improvements. C.Number, size, height, and duration. Table 25.56-3 (Temporary Sign Standards) provides standards for temporary signs. Temporary signs are allowed in addition to the number of permanent signs allowed for the property. 56-29|PageChapter 25.56 Signs Table25.56-3:TemporarySign Standards Maximum Maximum Additional Sign TypeMaximum AreaDuration NumberHeightStandards 1, 2 Temporary window signs Commercial and Allowed for sales industrial zones and promotions only Lineal feet of window area 10% of total Placed on inside 50 feet or lessOne signN/A30 days window areaof window 15% of total 51-100 feetOne sign window area More than 100 25% of total One sign feetwindow area Special signs One sign building- Special event Below eave line of mounted or 30 sq. ft.30 days per yearSection 25.56.090.D bannerbuilding freestanding See Section New business Allowed only while 25.56.070 Table Below eave line of establishment One sign60 dayspermanent signs are 25.56-21a, 1b or building identificationbeing obtained 1c On property where One sign per During active 16 sq. ft. per construction is street frontage building permit Trade and 20,000 sq. ft. of taking place construction 8 ft. Shall not obstruct Removed before site area Shall list only firms project signs visibility at notice of Max. 32 sq. ft.connected with the intersectionscompletion development project New Residential Development New subdivision Onedouble-face 48 sq. ft. per sign 8 ft.Until all units in the identification signsign, or two single-faceproject are sold face signs per street frontage New subdivision Two signs per 15 sq. ft. each8 ft.Until all units in the Sign placement to directional signsstreet frontageproject are solddirect persons to the subdivision entrance Realty and lease signs Realty sign One sign per 3 sq. ft., plus one 4 ft.During time when Section 25.56.090 street frontagerider sign; 5 in. xrealty is offered for Single-family 16 in.sale or rent residential Realty sign One on-site, three 3 sq. ft.4 ft.on-siteWhile a Section 25.56.090.G off-sitesalesperson is Open house signs3 ft. off-site physically present on the premises Chapter 25.56Signs56-30|Page Maximum Maximum Additional Sign TypeMaximum AreaDuration NumberHeightStandards Realty sign One sign per 12 sq. ft.4 ft.During time when Section 25.56.090 street frontagerealty is offered for Other than single sale or rent family in residential zone Lease potential One two-sided 32 sq. ft.6 ft.Displayed after May advertise lease sign sign per street ARC project potential for future frontageapproval development prior to Future and during developmentRemoved before construction notice of completionNo riders outside of the 32 sq. ft. area Personal property Three signs3 sq. ft.4 ft.Twodays within a One on the property sale, block party, 30-day periodwhere the event is or similar eventbeing held, and two off-site on private property. Political signs See Section 25.56.090.E (Political SignRegulations) Notes: 1. Businesses that are set back more than 250feet from a public right-of-way (street) may double the temporary window sign area. Businesses that are set back more than 600feet from a public right-of-way (street) may triple their otherwise entitled temporary window signage. 2.Does not include signs and decorations painted on or applied to windows pertaining to holidays and seasonal events when the signs contain no reference to the goods or services sold or provided by the establishment. All signs and decorations shall be removed within 10days following the applicable holiday. D.Standards for temporary signs. Temporary signs shall be subject to the following standards and any additional standards for specific types of temporary signs: 1.Signs are allowed on private property only and shall not be placed in public rights-of-way or at off site locations. 2.Signs shall not be attached to roofs, temporary structures, trees, utility poles, light standards, and similar items in the public right-of-way. 3.Signs shall not be illuminated 4.Signs shall not move in any manner. 5.Signs shall be constructed of durable material suitable to their location and purpose. 6.Signs and their components shall be promptly removed at the time of expiration. 7.Window signs with non-commercialcontentor messages shall comply with all regulations of temporary signs related to number, area, sizeand height. E.Political sign regulations. Political signs shall comply with the following requirements: 1.Political signs shall not be located in the public right-of-way. 2.No fee or permits shall be required for theright to erect political signs. 56-31|PageChapter 25.56 Signs 3.Where the sign is proposed to be placed on private property, the applicant shall secure the permission of the property owner. 4.Signs shall not be placed in any manner to create a hazard to public health or safety. 5.Signs shall be removed within 30days following the election. F.Special event signs. 1.With the approval of the Director, a business may erect one temporary sign, freestanding or mounted on a wall fascia, advertising special events, promotions, or sales. Approval of a sign permit application may allow up to 30square feet of sign area depending upon the type of event, building design, and right-of-way frontage for a period not to exceed 30days per year. 2.Signs approved under this section shall be compatible and harmonious with the color of the building and adjacent buildings. When improperly used, special event signs constitute a public nuisance and may be abated. Special event signs for periods in excess of 30days may only be permitted in compliance with a resolution of the Council, which shall specify the period during which the banner may be displayed. G.Open housesigns.Open house signsshall be permitted for an open house, subject to the following provisions: 1.On-site Signs: i.Noflags or banners shall be used. ii.Individual logos and colors are allowed for on-site open house signs. iii.Signs shall be located on private property only, unless prior written approval for unique circumstances is obtained from the Director. 2.Off-site Direction Signs: i.Sign lettering must be brown on a beige background, but may include Realtor name and phone number in 2-inchhigh maximum, plain font. No logos or branding are permitted on off-site directional signs. ii.One off-site directional sign per intersection. One sign permitted on each corner of an intersection, such that no more than three off-site directional signs are allowed in addition to one on-site open house sign for a total of four open house signs. iii.Signs shall be located a minimum of 5 feet from curb with property owner permission for sign location. iv.Sign placement in any city median is prohibited. Chapter 25.56Signs56-32|Page v.Additional lighting, flags, balloons,or any other advertising device as defined in this chapter shall be prohibited. Figure 25.56-16: Open House Off-site Direction Signs Figure 25.56-17: Prohibited Locations -Open House Off-site Direction Signs 25.56.100Comprehensive Sign Program A.Purpose. The purpose of a comprehensive sign program is to integrate all of a nonresidential project’s signs with the overall site design and the structures’ design into a unified architectural statement. A comprehensive sign program provides a means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this chapter. Approval of a comprehensive sign program may modify the standards provided in this chapter as to sign number, size, height, illumination, location, orientation, or other aspects of signs within the limits of this section. B.Applicability. The approval of a comprehensive sign program by the ARC shall be required whenever any of the following circumstances exist: 1.Whenever three or more separate tenant spaces are present on the same site. 2.Whenever three or more nonexempt signs are proposed for a single tenant. 56-33|PageChapter 25.56 Signs 3.Whenever signs are proposed to be located on the second story on a multistory building. 4.Whenever an existing multitenant development of three or more tenants is being remodeled or rehabilitated to the extent that it requires review and approval by the ARC. 5.Whenever the Director determines thata comprehensive sign program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, the location of the site relative to other lots, buildings, or streets, etc.). C.Application requirements. A sign permit application for a comprehensive sign program shall include all information and materials required by the Director. D.Standards. A comprehensive sign program shall comply with the following standards: 1.The proposed sign program shall comply with the purpose and intent of this chapter. 2.The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the comprehensive sign program, to the structures and/or developments they identify, and to surrounding development when applicable. 3.The sign program shall address all signs, including permanent, temporary, and exempt signs. 4.The sign program shall accommodate future revisions that may be required because of changes in use or tenants. 5.The sign program shall comply with the standards of this chapter, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes and intent of this chapter. 6.Approval of a comprehensive sign program shall not authorize the use of signs prohibited by this chapter. 7.Review and approval of a comprehensive sign program shall not consider the signs’ proposed message content. E.Findings. In order to approve a comprehensive sign program the following findings shall be made: 1.The comprehensive sign program complies with the purpose of this chapter, including the design criteria. Chapter 25.56Signs56-34|Page 2.Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development. 3.The comprehensive sign program contains provisions to accommodate future revisions that may be required because of changesin use or tenants. 4.The comprehensive sign program complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the signs proposed under the comprehensive sign program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this chapter. F.Revisions to comprehensive sign programs.The Director may approve revisions to a comprehensive sign program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised comprehensive sign program by the ARC. 25.56.110Nonconforming Signs A.Lawfully permitted nonconforming signs. 1.Lawfully permitted on-premises signs existing at the time of the adoption of the ordinance codified in this chapter on September 10, 2009,that do not comply with the requirements of this chapter shall be deemed lawful nonconforming signs. 2.Nonconforming signs shall not be expanded, extended, rebuilt, altered, or reconstructed in any way, except for normal maintenance or to protect public safety. 3.It shall be the express responsibility of the seller of property or a business to advise the buyer of the provisions of this section relating to the removal of nonconforming signs upon the transfer of ownership of a business. B.Lawful nonconforming signs to be removed. It shall be the responsibility of the business owner, sign owner, or property owner to ensure compliance with this section. Nonconforming signs shall be removed or made to comply with the requirements of this chapter as follows: 1.Within 30days of theissuance of a sign permit application for a sign on a property on which a nonconforming sign(s) exists. Prior to the issuance for a property on which a nonconforming sign(s) exists, the applicant or owner shall file with the city an irrevocable bond in the amount of $10,000to guarantee the nonconforming sign(s) shall removed or made to conform with the requirements of this chapter within a specified time. 2.Upon the transfer of ownership of the business. 3.Upon the altering of the nonconforming sign or sign structure in any way or the addition of new sign(s) or a new sign structure. 56-35|PageChapter 25.56 Signs 4.After 90days of the discontinuance of a business or before a new business occupies the building, whichever comes first. C.Nonconforming signs maintenance. Except for normal repair or maintenance not exceeding 50percent of the value of the sign, nonconforming signs shall not be modified, altered, moved, or replaced except in compliance with the requirements of this chapter. D.Lawful nonconforming off-site signs (i.e., billboards).Nothing contained in this chapter shall be construed to limit the ability of an owner of a lawful nonconforming off- site sign (i.e., billboard) to periodically change advertising copy. 25.56.120Abandoned Signs A.Removal of abandoned signs. 1.An abandoned sign or an abandoned nonconforming sign shall be removed within 30days by the owner or lessee of the premises upon which the sign is located or by a person, organization, or other entity that directly or indirectly receives a benefit from the information contained on the sign. All wording advertising or relating to the discontinued business shall be removed from all nonconforming signs. 2.A sign frame or structure that hasbeen abandoned shall be removed within 30 days by the owner or lessee of the premises upon which the sign frame or structure is located. B.Presumption that asign is abandoned. A sign that identifies or advertises a business that has ceased; is located upona structure that has been abandoned by its owner; has not identified a bona fide business, lessor, service, owner, product, or activity available upon the site, for more than 90days shall be presumed abandoned. C.Notice that a sign is presumed abandoned. TheDirectorshall send the person responsible for a sign presumed to be abandoned an abandoned sign notification. Failure of the person to respond within 30days to the abandoned sign notification shall serve as prima facie evidence of intentional permanent abandonment of the sign. 25.56.130Abatement of Illegal Signs A.Enforcement authority. The Directorshall be the enforcement authority for this chapter. B.Abatement of illegal signs. The Directorshall not permit, and shall abate, any sign within the city that fails to meet the requirements of this chapter or other applicable law, including temporary signs. Any illegal permanent signs shall be abated by the city. C.Notification and appeal. The Directorshall notify the owner or user of a permanent sign that has been installed without a sign permit that the illegal sign shall be removed within 10days. Upon receipt of this notice, the owner or user of a permanent sign that is determined to be illegal does have the right to file an appeal regarding the decision or notice within 10days thereafter to the Councilpursuant to the provisions of Chapter 8.20 of this title. Chapter 25.56Signs56-36|Page 25.56.140Penalties A.Violations of any of the provisions of this chapter are infractions and/or misdemeanors punishable as provided for in Palm Desert Municipal Code, Section 8.20.020(L). B.If the installation of a sign is commenced prior to obtaining an approved sign permit application,the applicable fee for a sign permit application shall be doubled. 56-37|PageChapter 25.56 Signs ! ! ! DIBQUFS!36/71! ! QSPDFEVSFT! Dibqufs!36/7 1 ! ! Qspdfevsft ! Chapter 25.60–Procedures Sections in This Chapter 25.60.010Purpose................................................................................................60-1 25.60.020Application and Fee..............................................................................60-1 25.60.030Determination of Completeness............................................................60-2 25.60.040Environmental Analysis.........................................................................60-2 25.60.050Application Review and Report.............................................................60-3 25.60.060Public Hearing and Public Notice..........................................................60-3 25.60.070Approving Authority..............................................................................60-4 25.60.080Appeals.................................................................................................60-6 25.60.090Effective Date.......................................................................................60-6 25.60.100Land Use Permit Time Limits and Extensions......................................60-7 25.60.110Modification...........................................................................................60-8 25.60.120Revocation............................................................................................60-8 25.60.140Enforcement and Penalties...................................................................60-9 Changes from existing ordinance: Renumbering/renaming existing code sections Chapter 25.86 (Public Hearing and Public Notice) is now Section 25.60.060. Chapter 25.96 (Enforcement and Penalties) is now Section 25.60.140. Substantive edits to existing code sections Most of this chapter is new and is intended to create a “user’s guide” to the zoning ordinance by combining standard procedures intoone chapter. 25.60.010Purpose The purpose of this chapter is to establish the general requirements of this title for thereview and approval of proposed development and new land uses in the city. 25.60.020Application and Fee A.Application.Applications pertaining to this title shall be submitted in writing to the Directoron a completedCity application form designated for the particular request. Every application shall include the signatures of the applicant and property owner, agent authorization as appropriate, and any fee prescribed by Council resolution to cover the cost of investigation and processing. Applications shall be submitted together with all plans, maps, and data about the proposed project development or land use entitlements requested, project site, and vicinity deemed necessary by the Director to provide the approving authority with adequate information on which to base decisions. Each permit application checklist lists the minimum necessary submittal materials for that particular type of permit. 60-1|PageChapter 25.60 Procedures B.Fee.The Council sets, by resolution,the fees for processing the various applications authorized or required by this code. All required fees shall be paid at the time an application is filed and no processing shall commence until the fee is paid in full. 25.60.030Determination of Completeness A.Application completeness.Within 30 days of application submittal, the Director shall determine whether or not the application is complete. The Director shall notify the applicant in writing of the determination that either: 1.All the submittal requirements have been satisfied and the application has been accepted as complete. 2.Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with City standards and requirements. B.Application completeness without notification.If the written determination is not made within 30days after receipt, and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter. C.Resubmittal.Upon receipt and resubmittal of any incomplete application, a new 30-day period shall begin during which the Director shall determine the completeness of the application. D.Incomplete application.If additional information or submittals are required and the application is not made complete within oneyear, or some greater period as determined by the Director, of the completeness determination letter, the application may be deemed by the City to have been withdrawn and no action will be taken on the application. Unexpended fees, as determined by the Director, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits, and othermaterials, must then be filed in compliance with this article. E.Right to appeal.The applicant may appeal the determination in accordance with Section 25.60.080(Appeals) and the Permit Streamlining Act (California Government Code Section 65943). 25.60.040Environmental Analysis A.Intent and purpose.It is the intent of this chapter to relate the provisions of this title and all other applicable projects to the appropriate city provisions that have been adopted in order to comply with the California Environmental Quality Act of 1970 and subsequent standards as established by the state legislature, the Secretary of Resources, and the City. B.Scope of regulations.This chapter shall be applied pursuant to the adopted “Resolution of the City Council of the City of Palm Desert Establishing Procedures to Implement the Environmental Quality Act of 1970,” as amended. Chapter 25.60 Procedures60-2|Page 25.60.050Application Review and Report After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act. The Director will consult with other departments and committees as appropriate to ensure compliance with all provisions of the municipal code and other adopted policies and plans. The Director will prepare a report to the designated approving authority describing the project, and his or her recommendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared. 25.60.060Public Hearing and Public Notice A.Public hearing required.The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architecturalreview, precise plan, planned development, master plan, specific plan, zoning code and/ormap amendment, prezoning, development agreement, and general plan amendment considered by the Commission or Council. B.Notice of hearing.Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1.Notice of public hearing shall be published in at least one newspaper of general circulation in the city. 2.Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor’s records. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth (1/8) page in one newspaper of general circulation within the city. 3.Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner’s authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project. 4.Notice of the public hearing shall be posted at city hall. 5.Notice of the public hearing shall be mailed to any person who has filed a written request for notice. 60-3|PageChapter 25.60 Procedures 6.In addition to the noticerequired by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable. C.Notice of zoning administrator decision. 1.Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, properties within 300 feet of the property.. The notice shall include: i.A brief statement explaining the criteria and standards considered relevant to the decision. ii.A statement of the standards and facts relied upon in rendering the decision. iii.Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth. iv.An explanation of appeal rights and appeal deadlines. 2.Decision. The ZAmay approve, approve with conditions, or deny the application. Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination. 3.Appeal. AZAdetermination may be appealed to the Council for a final determination according to Section 25.60.080. D.Requests for notification.Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the Department. The City may impose a reasonable fee for the purpose of recovering the cost of such notification. E.Receipt of notice.Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given. F.Hearing procedure.Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and madepart of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed. 25.60.070Approving Authority A.Designated approving authority.The approving authority as designated in Table 25.60-1 (Approving Authority for Land Use Permits/Entitlements) shall approve, conditionally approve, or deny the proposed land use or development permit or entitlement in accordance with the requirements of this title. Table 25.60-1 identifies recommending (R),final (F), and appeal (A)authorities for each permit or entitlement. In acting on a permit, the approving authority shall make all required findings. Chapter 25.60 Procedures60-4|Page Table 25.60-1: Approving Authority for Land Use Permits/Entitlements Type of Entitlement, Permit,or ZADirectorARCPCCC Decision Certificates of use and occupancyFAA Temporary use permitsFAA Home-based business permitsFAA Large family day care use permitsFAAA AdjustmentsFAAA Administrative use permitsFAAA Reasonable accommodationFAAA Design reviewsRFA Sign design reviewRFA Use determinationsRFA Precise plansRRFA Development plansRRFA Conditional use permitsRRFA Condominium conversion permitsRFA 1 VariancesRRFA Planned community developmentsRRRF Amendments–zoning ordinanceRRF Amendments–zoning mapRRF Prezoning for annexed areasRRF Development agreementsRRF General plan updatesRRF Director=Directorof Community Development, ZA=Zoning Administrator, ARC=Architectural Review Commission, PC=Planning Commission, CC=City Council, R=Review Body, F=Final Decision (unless appealed), and A=Appeal Body. Footnotes: 1. A final determination is made by the ARC for design-related variances as specified in Chapter 25.68 (Decisions by the ArchitecturalReview Commission) B.Multiple entitlements.When a proposed project requires more than one permit with more than one approving authority, all project permits shall be processed concurrently and final action shall be taken by the highest-level designated approving authority for all such requested permits. C.Referral to the Commission.At any point in the application review process, the Director may transfer decision-making authority to the Commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the Commission shall be considered as a noticed public hearing. A referral to another decision-maker is not an appeal and requires no appeal application or fee. 60-5|PageChapter 25.60 Procedures 25.60.080Appeals A.Appeal authority.Any interested person mayappeal certain actions of the ZA, Director or Commission made pursuant tothis article to the designated appeal authority listed in Table 25.60-1 (Approving Authority for Land Use Permits/Entitlements)within 15 calendar days from the date of the action. Actions by the Council are final and no further administrative appeals areavailable. B.Filing an appeal.All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within 15 calendardays following the date of determination or action for which an appeal is made, accompanied by a filing fee established by Council resolution, and submitted to the City clerk. C.Stay pending appeal.Timely filing of a written appeal shall automatically stay all actions and put in abeyance all approvals or permits that may have been granted, and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action appeal, until the appeal has been resolved. D.Appeal hearing schedule. 1.Unless otherwise agreed to by the applicant, an appeal for consideration by the Commission shall be scheduled for a public hearing by the Department within 40 days of the date of appeal filing. 2.Unless otherwise agreed to by the applicant, an appeal for consideration by the Council shall be scheduled for a public hearing by the City clerk within 40 days of the date of appeal filing. E.Notice of appeal hearings.Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Section 25.60.060(Public Hearing and Public Notice). F.Appeal hearing and action.Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in wholeor in part, or add or amend such conditions as it deems necessary. The action of the appeal authority is final on the date of decision and, unless expressly provided by this chapter, may not be further appealed. Copies of the decision shall be mailed to the appellant and to the appealed deciding body. The decision of the Council shall be final. 25.60.090Effective Date Generally, the action to approve, conditionally approve, or deny a permit or entitlement authorized by this title shall be effective on the16th day after the date of action, immediately following expiration of the 15-day appeal period. Legislative actions by the Council involving adoption by ordinance (e.g., zoning code and map amendment, specific plan) become effective 30 days from the date of final action and may not be appealed. Permit(s) shall not be issued until the effective date of required permit. Chapter 25.60 Procedures60-6|Page 25.60.100Land Use Permit Time Limits and Extensions A.Time limits.Unless a condition of approval or other provision of this title establishes a different time limit, any permit not exercised within one yearof approval shall expire and become void, except where an extension of time is approved pursuant to this section. B.Exercising permits.The exercise of a permit occurs when the property owner has performed substantial work as determined by the Director and the building official and incurred substantial liabilities in good faith reliance upon such permit(s). A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitute exercise of the permit. Unless otherwise provided, permits that have not been exercised prior to a zoning amendment which would make the permitted use or structure nonconforming shall automatically be deemed invalid on the effective date of the zoning amendment. C.Permit extensions.The approval of an extension extends the expiration date for two years from the original permit date. After this initial permit extension, a final one-year extension of time may be granted pursuant to the same process as set forth in this section. 1.Process. The same approving authority that granted the original permit may extend the period within which the exercise of a permit mustoccur. Notice and/or public hearing shall be provided in the same manner as for the original permit. An application for extension shall be filed not less than 30 days prior to the expiration date of the permit, along with appropriate fees and application submittal materials. 2.Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved. 3.Permit extension findings. The extension may be granted only when the designated approving authority finds that the original permit findings can still be made and there are no changed circumstances or there has been diligent pursuit to exercise the permit that warrants such extension. 4.Expiration. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit expires. D.Permit expiration for a closed business.All permits and entitlements shall expire when a business is closed for more than one calendar year. If a new business is established within the calendar year, all permits and entitlements received will remain valid. After one calendar year, the City may require the approval of new permits and entitlements based on current requirements shall be required prior to any business activity on the site. 60-7|PageChapter 25.60 Procedures 25.60.110Modification A.Any person holding a permit granted under this title may request a modification or amendment to that permit. For the purpose of this section, the modification of a permit may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit. B.Minor revisions or modifications may be approved by the Director if determinedthat the changes would not affect the findings prescribed in Section 25.72.050 (Conditional Use Permits)and the application for revision or modification is filed within one year from the date the original conditional use permit becomes final, does not change the use designated in the original conditional use permit, does not increase, reduce, or alter the size or shape of the premises to which the original conditional use permit pertained, and does not extend the time in which the actual establishment of the conditional use permit or the commencement of construction under the conditional use permit shall take place. C.If the Director determines that a proposed project action is not in substantial conformance with the original approval, the Director shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same approving authority as the original permit. A permit modification may be granted only when the approving authority makes all findings required for the original approval. 25.60.120Revocation This section provides procedures for the revocation of previously approved land use entitlements or permits. A.Consideration.The approving authority for the original entitlement or permit shall consider the revocation of same entitlement or permit. B.Decision to revoke: 1.The ZA may revoke a temporary use permitwithout a public hearing at the sole discretion of the ZA. 2.The Director may revoke a home-based business permit and a certificate of use without a public hearing at his or her sole discretion. 3.Except as specified in 1. and 2. above, the decision to revoke an entitlement or permit granted pursuant to the provisions of this title shall be considered at a noticed public hearingby the review body that originally approved the permit. Public notice shall be provided and public hearing conducted pursuant to Section 25.60.060(Public Hearing and Public Notice). C.Findings.A decision to revoke an entitlement or permit may be made if any one of the following findings can be made: 1.Circumstances under which the entitlement or permit was granted have been changed to a degree that one or more of the findings contained in the original entitlement or permit can no longer be met. Chapter 25.60 Procedures60-8|Page 2.The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing, for the entitlement or permit. 3.One or more of the conditions of the entitlement or permit have not been substantially fulfilled or have been violated. 4.The use or structure for which the entitlement or permit was granted has ceased to exist or has lost its legal nonconforming use status. 5.The improvement authorized in compliance with the entitlement or permit is in violation of any code, law, ordinance, regulation, or statute. 6.The improvement or use allowed by the entitlement or permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a public nuisance. 25.60.130Reapplications A.An application shall not be accepted or acted upon if within the past 12 months the City has denied an application for substantially the same project on substantially the same real property, unless the Director finds one or more of the following circumstances to exist: 1.New evidence. There is new evidence that would support approving the project that was not presented at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant. 2.Substantial and permanent change of circumstances. There has been a substantial and material change of circumstances since the previous hearing that affects the applicant’s real property. 3.Mistake at previous hearing. A mistake was made at the previous hearing that was a material factor in the denial of the previous application. 25.60.140Enforcement and Penalties A.Enforcement duties. 1.It shall be the duty of the Directorto enforce the provisions of this title pertaining to the use of land, and the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. 2.It shall be the duty of the health department of Riverside County to enforce the provisions of this title pertaining to the maintenance and use of property, structures,and buildings so far as matters of health are concerned. 3.It shall be the duty of the City and of all officers of the City otherwise charged with the enforcement of the law to enforce this title and all the provisions of the same. 60-9|PageChapter 25.60 Procedures B.Nuisance declared—abatement.Any building or structure set up, erected, built, moved,or maintained and/or any use of property contrary to the provisions of this title and/or any conditions attached to the granting of permits is declared to be unlawful and a public nuisance.The duly constituted authorities of the City shall, upon order of the Council, immediately commence action or actions, proceeding or proceedings for the abatement, removal and adjournment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building, structure,or use of any property contrary to the provisions of this title. C.Violation—Penalty 1.Violation—Infraction. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of this title or any land use permit granted under this title, is guilty of an infraction for the first instance of any suchviolation, and shall be guilty of a misdemeanor for a second or any subsequent violation of the same provision of this section or of any order or regulation made hereunder. 2.Continuing Violation—Misdemeanor. Such person, firm, or corporation is deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued,or permitted by such person, firm,or corporation, and shall be punishable as provided in Section 25.60.120 (Revocation). 3.Penalties. Any person, firm,or corporation found guilty of an infraction shall be subject to a fine. Any person, firm,or corporation convicted of a misdeamenor under the provisions of this section shall be punishable pursuant to the provisions of Chapter 1.08(Citations for Code Violations) of the Palm Desert municipal code. Chapter 25.60 Procedures60-10|Page ! Dibqufs! 36/73 ! ! Opodpogpsnjoh!Qspwjtjpot ! ! DIBQUFS!36/73! ! OPODPOGPSNJOH!QSPWJTJPOT! ! Chapter 25.62–Nonconforming Provisions Sections in This Chapter 25.62.010Purpose................................................................................................62-1 25.62.020Nonconforming Lots, Buildings, and Uses in Residential Zones...........62-1 25.62.030Nonconforming Lots, Buildings and Uses in Nonresidential Zones.......62-1 25.62.040Reconstruction of Nonconforming Building Partially Destroyed............62-2 25.62.050Nonconforming Uses and Buildings Resulting from Reclassification....62-2 25.62.060OutdoorStorage in Nonresidential Zones.............................................62-2 25.62.070Public Acquisition..................................................................................62-2 25.62.080Conforming Process for Legal Nonconforming Residential Uses in Residential Zones and Office Professional Zones................................62-3 25.62.090Notice of Nonconformity........................................................................62-3 25.62.100Abatement Hearings.............................................................................62-4 Changes from existing ordinance: Renumbering/renaming existing code sections Chapter 25.76 has been moved in its entirety to this chapter. 25.62.010Purpose Where lots, buildings,or uses legally existingprior to the adoption of certain zoning provisions are not in conformity with the provisions of this title, it is the intent and purpose of this chapter to declare such lots, buildings, uses and land to be nonconforming, for the purpose of protecting the public health, safety,and general welfare. 25.62.020Nonconforming Lots, Buildings,and Uses in Residential Zones A.All nonconforming uses within any single-family residential zone shall be terminated or made to conform within 5yearsafter the adoption of any new zoning regulations. B.Nonconforming buildingswithin a residential zone shall be permitted to expand providing the expanded area conforms to this title. C.A nonconforming lot may be developed if it has been legally created and the construction proposed is conforming. 25.62.030Nonconforming Lots, Buildings and Uses in Nonresidential Zones A.Nonconforming use limits other uses.While a nonconforming residential use exists on any lot, no new use may be established on any portion ofthe lot, even though such new use would be a conforming use. 62-1|Page Chapter 25.62 Nonconforming Provisions B.Nonconforming use of conforming building.The nonconforming use of a building may be continued,providedthatsuch nonconforming use shall not be expanded or extended into any other portion of the conforming building, and if such nonconforming use is discontinued, any future use of such building shall conform to the provisions of this title. C.Nonconforming use of a nonconforming building.The nonconforming use of a nonconforming building may be continued but may not be expanded or extended within such building.If such nonconforming use is discontinued, any future use of such nonconforming building shall conform to the provisions of this title. D.Change in status of nonconforming use.If a nonconforming use is discontinued for a period of six months or is succeeded by another and conforming use, it is evidence that the nonconforming use has ended and any vested right to the continuance of such use is terminated. E.Nonconforming buildings.A nonconforming building may be expanded,provided the expansion conforms to the requirements of this title 25.62.040Reconstruction of Nonconforming Building Partially Destroyed A nonconforming building that is destroyed to the extent of not more than 50percent of its reasonable replacement value at the time of its destruction may be restored and the occupancy or use of such building or part thereof that existed at the time of such partial destruction may be continued subject to all other provisions of this title. 25.62.050Nonconforming Uses and Buildings Resulting from Reclassification The provisions of Sections 25.62.010 through 25.62.040 shall apply to buildings, land,and uses that become nonconforming due to any reclassification of zones under this title. 25.62.060Outdoor Storage in Nonresidential Zones Notwithstanding any other provision of this title, the outdoor storage of materials and goods associated with a lawful use carried on within a building shall be permitted,provided that the outdoor storage is effectively screened from view by a wall, fence,or landscaping buffer complying with the height and seback restrictions of the zone in which it located. 25.62.070Public Acquisition Whenever any lot, any building, any structure, or any use is renderednonconforming within the meaning of this title solely bydedication to, or purchase by, the city for any public purpose,orby eminent domain proceedingsthat result in the acquisition by the City of a portion of such property, the same shall not be deemed nonconforming within the meaning of this chapter; provided, however, that if subsequent to such acquisition, the buildings and/or structures located upon such alot are wholly destroyed, no reconstruction shall take place unless compliance is had with all applicable provisions of this title. In the event, however, subsequent to such acquisition, the buildings and/or structures located upon such alot are destroyed to the extent of not more than 50percent of their reasonable replacement value, at the timeof their destruction, the provisions of Section 25.62.040 of this chapter shall apply to any reconstruction of the buildings and/or structures. Chapter 25.62Nonconforming Provisions62-2|Page 25.62.080Conforming Process for Legal Nonconforming Residential Uses in Residential Zones and Office Professional Zones Legal nonconforming residential uses in R-1, R-2, R-3 and OP zones may apply for legal conforming status if they are brought into substantial compliance with present design quality standards. The ARCshall receive and review applications for conforming status. As part of its review the ARC may require significant upgrading and rehabilitation of the existing facility consistent with the constraints of the original site plan. Reduction in the project dwelling unit total will only be considered if it is required to protect public health and safety. If a rehabilitation plan is approved by the ARC, required work must occur within one year. Once the plan has been satisfactorily completed, a certificate of conforming status will be issued. Certificates of conformance include a requirement that the project be maintained substantially in the condition specified by the rehabilitation plan, in perpetuity. Failure to maintain the property could result in revocation of conforming status. Decision of the ARCmaybe appealed to the Council. 25.62.090Notice of Nonconformity The owner or occupant of property that is determined to be a nonconforming lot, building,or use under this chaptershall receive a notice, in writing, of that determination. A.Notice contents.The notice shall state the grounds for the decision and shall require the nonconforming lot, building, use,or land to be abated within a time determined by the City staff to be reasonable. The letter shall advise that if the nonconforming lot, building,or use is not abated within the time specified, the abatement work will be completed by the City and the costs thereof will be charged against the property or its owner. The notice shall furthermore provide that any person having any record title or legal interest in the building or lot may request a hearing,providedthatthe request is made in writing, as provided in this section, and filed with the City within 30days from the date of service of such notice. The notice shall finally provide that failure to request a hearing will constitute a waiver of all right to an administrative hearing and determination of the matter. B.Service of notice of nonconformity.The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property.One copy thereof shall be served on each of the following persons, if known to the City or disclosed from public records: 1.The holder of any mortgage or deed of trust or other lien or encumbrance of record. 2.The owner or holder of any lease of record. 3.The holder of any other estate or legal interest of record in or to the building, or the land on which it is located. The failure of the City to serve any person required in this subsection to be served shall not invalidate any proceedings under this section as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this section. 62-3|Page Chapter 25.62 Nonconforming Provisions C.Method of service—effective date of service.Service of the notice shall be made upon all persons entitled thereto, either personally, or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment role of the County or as known to the City. If no address of any such person so appears, or is known to the City, then a copy of the notice shall be so mailed, addressed to such person at the address of the lot or building involvedin the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner provided in this subsection shall be effective on the date of mailing. D.Proof of service.Proof of service of the notice shall be certified to at the time of service by written declaration, under penalty of perjury, executed by the persons effecting such service, declaring the time, date,and manner in which service was made. The declaration, together with any receipt card returned and acknowledgment of receipt by certified mail,shall be affixed to the copy of the notice and retained by the City staff. 25.62.100Abatement Hearings A.Request for hearing.Any person entitled to notice under Section 25.60.090of this section may,within 30days of receipt of the notice, request a hearing. The request for hearing shall be in writing, and shall contain the following information: 1.A brief statement setting forth the legal interest of each of the persons requesting the hearing in the building, land, or lot involved. 2.A brief statement in ordinary and concise language of the specific City action protested, together with any material facts claimed to support the contentions of the persons requesting the hearing. 3.A brief statement, in ordinary and concise language, of the relief sought, and the reasons why it is claimed the protested City action should be reversed, modified, or otherwise set aside. 4.The signatures of all parties requestingthe hearing, and their official mailing addresses. 5.The verification, by declaration under penalty of perjury, of at least one person who is requesting the hearing, as to the truth of the matters stated in the request for hearing. B.Abatement hearing board established.In order to provide for final interpretation of the provisions of this chapter, and to conduct hearings provided for below, there is established an abatement hearing board, hereinafter referred to as the “board,” consisting of three members. One such member shall be a member of the Council. A second member shall be a member of the Commission. A third member shall not be an employee of the City. The Director shall be an ex-officio member of, and shall act as secretary to the board. The board shall be appointed by the Counciland shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its business, and shall render all decisions and findings, in writing, to the person requesting a hearing, with a copy to the Director. Copies of all rules and regulations adopted by the Chapter 25.62Nonconforming Provisions62-4|Page board shall be delivered to the Director, who shall make them freely accessible to the public. C.Notice of hearing—form.As soon as practicable, after receiving the written request for ahearing, the board shall fix a date, time, and place for the hearing by the board. Such date shall be not less than 10days nor more than 60days from the date the request for hearing was filed. Written notice of the time and place of the hearing shall be given at least 10days prior to the date of the hearing, to each person requesting a hearing by the secretary of the board, either by causing a copy of such notice to be delivered to the persons requesting the hearing personally, or by mailing a copy thereof, postage prepaid, addressed to the person requesting the hearing at his address shown on the request for a hearing. The notice to the person requesting the hearing shall be substantially in the following form, but may include other information: 1.You are hereby notified that a hearing will be held before the abatement hearing board at _____ on the ______ day of _________, ______, at the hour of _________, upon the notice served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses, and the production of books, documents,or other things by filing an affidavit therefore with the abatement hearing board. D.Hearing procedures.The following procedures shall apply to the conduct of the hearing: 1.The hearing shall take place before the three members of the abatement hearing board, who shall act as hearing examiners to conduct the hearings. 2.A record of the entire proceeding shall be made by tape recording, or by any other means of permanent recording, determined to be appropriate by the board. 3.The proceedings at the hearing shall also be reported by a stenographic reporter, if requested by any party thereto. A transcript of the proceedings shall be made available to all parties, upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall, in no event, be greater than the cost involved. 4.The board may grant continuances for good cause shown. 5.In any proceedings under this chapter, the board, or any board member, has the power to administer oathsand affirmations and to certify to official acts. 6.The board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives. 7.The board may obtain the issuance and service of a subpoena for the attendance of witnesses, or the production of other evidence at a hearing upon the request of a member of the board, or upon the filing of an affidavit therefor, which states the name and address of the proposed witness; specifies the exact things sought to 62-5|Page Chapter 25.62 Nonconforming Provisions be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in his possession or under his control. 8.Hearings need not be conducted according to the technical rules relating to evidence and witnesses. 9.Oral evidence shall be taken only on oath or affirmation. 10.Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient, in itself, to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. 11.Any relevant evidence shall be admitted, if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. 12.Irrelevant and unduly repetitious evidence shall be excluded. 13.In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state, or of official records of the board or departments and ordinances of the city, or rules and regulations of the hearing board. 14.The board may inspect any buildings or lots involved in the hearing during the course of the hearing, provided that notice shall be given to the parties before the inspection is made, the parties are given an opportunity to be present during the inspection, and the board shall state for the record, upon completion of the inspection, the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the board. 15.The hearing shall be open to the public. 16.The City shall have the burden of proof, and shall first present its evidenceas the first order of business.The party requesting the hearing may then cross-examine the witnesses presented on behalf of the City. The person requesting the hearing may then present evidence. The City may then cross-examine the witnesses presented on behalf of the person requesting the hearing. 17.Upon receipt of all the evidence the board shall then retire to deliberate and shall render a decision not less than 5days after the date of the hearing. The City has the burden of persuasion by a preponderance of the evidence,which burden shall be taken into consideration by the board in rendering its decision. 18.The decision of the board shall be in writing and shall contain findings of fact, a determination of the issues presented, and shall also contain the requirements to be complied with by the person requesting the hearing. A copy of the decision Chapter 25.62Nonconforming Provisions62-6|Page shall be delivered to the person requesting the hearing, personally, or sent to him by certified mail, postage prepaid, return receipt requested. The effective date of the decision shall be as stated thereon. E.Rights of parties at the hearing.Each party shall have these rights, at the hearing: 1.To call and examine witnesses on any matter relevant to the issues of the hearing. 2.To introduce documentary and physical evidence. 3.To cross-examine opposingwitnesses on any matter relevant to the issues of the hearing. 4.To impeach any witness, regardless of which party first called him to testify. 5.To rebut the evidence against him. 6.To represent himself, or to be represented by anyone of his choice, including an attorney at law, who is lawfully permitted to do so. F.Appeal to Council.The decision of the board may be appealed to the Councilwithin 15 days of the date of service of the decision of the board. The Council shall hear the appeal as soon as practicable. The appeal shall not be de novo, and shall be based only on the hearing transcript, the evidence presented at the hearing, those matters officially noticed, and the written decision of the board. Any action of the board shall be stayed pending the outcome of the appeal. The decision of the Councilshall be final. 62-7|Page Chapter 25.62 Nonconforming Provisions ! ! Dibqufs!36/75 ! Benjojtusbups ! DIBQUFS!36/75! ! Efdjtjpot!cz!uif!\[pojoh! EFDJTJPOT!CZ!\[POJOH! ! BENJOJTUSBUPS! ! Chapter 25.64–Decisions by the Zoning Administrator Sections in This Chapter 25.64.010Purpose................................................................................................64-1 25.64.020Large Family Day Care Use Permits....................................................64-1 25.64.030Adjustments..........................................................................................64-5 25.64.040Administrative Use Permits...................................................................64-7 25.64.050Reasonable Accommodation................................................................64-8 Changes from existing ordinance: Renumbering/renaming existing code sections Chapter 25.72 A (Large Family Day Care Use Permits) is now Section 25.64.020. Chapter 25.78 (Variances and Adjustments) has been split and the provisions related to Adjustments has been included as Section 25.64.030. Substantive edits to existing code sections This is a new chapter to identify all of the permit decisions that are made by the Zoning Administrator. Zoning Administrator decisionsare generally considereddiscretionary actions and therefore can be appealed. 25.64.010Purpose The purpose of this chapter is to establish procedures for planning-and zoning-related permits that are decided by thedesignatedzoning administrator(ZA). Each permit and entitlement type is described in this chapter in terms of purpose and applicability, approving authority, and unique processing provisions. General processing procedures are established in Chapter 25.60 (Procedures). Table 25.60-1(Approving Authority for Land Use Permits/Entitlements) provides a summary of the administrative permits and entitlements decided by theZA. 25.64.020Large Family Day Care Use Permits A.Purpose.Pursuant to California Health and Safety Code Section 1597.46, the City of Palm Desert prescribesreasonable land use standards, restrictions and requirements concerningspace and concentration, traffic control, parking,and noise control relating to large family day care homes. A permit allows for the operationof a large family day care home in conformance with such standards, restrictions,and requirements. Its purposeis not to license, certify,or otherwise regulate the quality and safety of day care services provided by family day care homes and those who operate them, which are governed exclusively at the state level by the Department of Social Services. 64-1|PageChapter 25.64 Decisions by the Zoning Administrator B.Application process.Applications for use permits to operate a large family day care home shall be made to the ZAor his or her designee, who shall specify the form of said applications consistent with this section. At a minimum, application forms shall indicate all of the following: 1.Number of children to be cared for by the applicant, including the applicant’s own children under 10years of age. 2.Number of employees. 3.State license number. 4.Proof that the applicant is in lawful possession and control of the real property proposed to be used as a large family day care home. 5.In addition to submission of a completed application form and application fee as provided by this chapter, the applicant shall submit the following documentation: i.One copy of the assessor’s parcel map. ii.One copy of a site plan (8.5 by 11inches) showing: location and dimension of existing residence and other structures, including permanent outdoor play structures and equipment, and fencing; distance to property line; parking areas and number of spaces both on-site and off-site; access to and exits from the home; floor(s) on which day care is to be provided; traffic circulation; andlocation of fire extinguishers and smoke detectors. iii.An accurate traffic circulation plan showing parking, circulation,and drop- off areas. C.Application fee.There is established an application fee for the review and processing of applications for use permits pursuant to this chapter in an amount to be set by resolution of the Council. Said fee shall not exceed the City’s cost of administering the review and permit process. D.Notice to property owners.Not less than 10days prior to the date on which the decision will be made on the application, the ZAor his or her designee shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a 300-foot radius of the exterior boundaries of the proposed large family day care home. A copy of the notice shall also be sent to the applicant. The notice shall inform its recipient that no hearing shall be held before a decision on the application unless requestedby the recipient. E.Decision by the ZA.After proper notice has been given to affected property owners, the ZAor his or her designee shall render a decision on the application. Unless requested by the applicant or other affected person, no hearing shall be held on the application before a decision is made. The application shall be approved if all of the following standards and requirements are met: Chapter 25.64Decisions by the Zoning Administrator64-2|Page 1.Space and Concentration. Properties proposed for use as large family day care homes shall be located no closer than 300feet in all directions from another large family day care home, subject to an application for an exception to said 300-foot distance which may, after a public hearing and notice to the adjacent property owners in accordance with this chapter, cause the reduction to no more than 100feet from another large family day care home. The foregoing spacing and concentration requirements shall not apply to large family day care homes which are already operating in the city on the date this chapter takes effect. 2.Traffic Control. The traffic circulation plan shall be designed to diminish traffic safety problems. Residences located on major arterial streets (as shown on the general plan circulation map) must provide a drop-off/pickup area designed to prevent vehicles from backing onto the arterial roadway. The applicant may be required to submit a plan of staggered drop-off and pickup time ranges to reduce congestion in neighborhoods already identified as having traffic congestion problems. 3.Parking. All homes used for large family day care facilities shall provide at least three automobile parking spaces, no more than one of which may be provided in a garage or carport. Parking may be on-street if contiguous to property. These may include spaces already provided to fulfill residential parking requirements. 4.Noise Control. Operation of the facility shall comply with all provisions of Chapter 9.24 of this code. Additional conditions may be placed on use permits to reduce noise impact if ongoing problems exist. 5.Signage. No signs or other exterior markings identifying a large family day care operation shall be allowed on the applicant’s home. 6.Residency. The applicant must be a primary resident of the home that is proposed as a large family day care home. 7.Contact Person. The current name(s) and telephone number(s) of the applicant, and all other operators if different from the applicant, of the family day care home shall be on file with the department of community development at all times. 8.State Licensing. All appropriate licensing from the state Department of Social Services shall be obtained prior to commencing operation of any large family day care home in the city. 9.Building and Fire Code Compliance. Consistent with Section 1597.46 of the Health and Safety Code, the proposed large family day care home must comply with all building and fire code provisions applicable to single-family residences, and with such additional standards as the State Fire Marshal from time to time adoptspursuant to Section 1597.46(d) of the Health and Safety Code to promote the fire and life safety of children in family day care homes. (See Title 22 of the California Code of Regulations.) No application shall be approved unless and until the city’s building inspector and fire marshal, or their designees, have first inspected the premises and approved that the home does comply with the foregoing building and fire code provisions. However, a copy of the applicable 64-3|PageChapter 25.64 Decisions by the Zoning Administrator state licensing evaluation report covering these issues may be found by thecity staff to be sufficient. 10.Smoking Restricted. Consistent with Section 1596.795 of the Health and Safety Code, smoking of tobacco and other substances—whether in pipe, cigar, or cigarette form—shall not be allowed in the applicant’s home during its hours of operation as a large family day care home with respect to those areas of the home where children are present. 11.Single-family Zoning. No use permit shall be issued unless the dwelling unit proposed to be used as a large family day care home is located on a lot zoned or used for single-family dwellings under this chapter. 12.Proof of Control. No use permit shall be issued unless the applicant can demonstrate legal authority and control over the real property proposed to be used asa large family day care home. F.Appeal of decision.The applicant or other affected person may appeal the decision to grant or deny an application for a use permit pursuant to this chapter to the Commission. The Commission’s decision shall be final unless the matter is called up for review by the Council. The appellant shall pay the City’s costs, if any, of processing and conducting the appeal. The amount of such costs shall be estimated in advance by the ZAor hisor her designee and the appellant shall deposit said amount with the City before the City will process the request for an appeal. If at the end of the appeal the City’s actual costs were less than the estimate, then the City shall refund the unused portion of the deposit to the appellant. In the event that the City’s costs exceeded the amount of the deposit, then the appellant shall pay the amount of the difference to the City. G.Expiration of permit.If a large family day care home possessing a use permit ceases to operate for a period greater than 365consecutive days or its state license expires, whichever occurs first, then its use permit shall be considered null and void. Permits are nontransferable. H.Review of permit—Suspension or revocation. 1.Upon determination that the holder of a large family day care home use permit has not complied with all of the standards and requirements of this chapter,the ZAmay require the use permit to be reviewed by the Commission at apublic hearing. A noticed public hearing to review the use permit is mandatory when the City receives six substantiated complaints alleging violations of this chapter. 2.If the Commission determines that the holder has failed in a material way to comply with all of the standards and requirementsof this chapter, then the Commission may suspend or revoke the permit or may, in its discretion, impose additional reasonable standards and requirements consistent with state law, based on findings derived from testimony and evidence presented at the public hearing. Chapter 25.64Decisions by the Zoning Administrator64-4|Page 25.64.030Adjustments A.Purpose. 1.Adjustments shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any adjustment granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated. 2.The power to grant adjustments does not extend to use regulations. Flexibility to the zoning regulations is providedin the conditions use provisions of this title. B.Application—Submittal requirements.Application for an adjustment shall be filed with the planning departmenton a form, and include application materials prescribed by the director. C.Permissable adjustments.Deviations from the following development standards may be permitted with approval of an adjustment: 1.A decrease of not more than 10percent of thebuilding lot coveragte or width. 2.A decrease of not more than 20 percent of the required width of a side yard or the yard between buildings. 3.A decrease of not more than 40percent of the required rear yard. 4.A decrease of not more than 40percent of the distance required between the front property line and the building line. 5.A decrease of not more than 10percentof the required parking spaces. 6.An increase of not more than 10percent of the permitted projection of steps, stairways, landings, eaves, overhangs, masonry chimneys, and fireplaces, into any required front, rear, side or yard between buildings. 7.Other deviations from the zoning regulations may be considered by the Commission through the variance procedure (Section 25.72.070). D.Public hearing. No public hearing is required for the consideration of an adjustment application. E.Action of the zoning administrator.The ZAmay grant an adjustment as the adjustment was applied for or in modified form, or the application may be denied. An adjustment may be granted for a limited time period, or may be granted subject to conditions as the ZAmay prescribe. 64-5|PageChapter 25.64 Decisions by the Zoning Administrator F.Findings.The ZAmay grant an adjustment to a regulation prescribed by this title if, on the basis of the evidence submitted, the ZAmakes the following findings of fact: 1.That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the ordinance codified in this title. 2.That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. 3.That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other propertiesin the same vicinity and zone. 4.That the granting of the adjustment will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. G.Effective date.A decision of the ZAshall be effective 15 days after the date of the decision unless an appeal has been issued. An adjustment shall become effective immediately after it is granted by the ZA. H.Lapse of adjustment.An adjustment shall lapse and shall become void one year following the date on which the adjustment became effective unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the adjustment application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the adjustment application, or the site is occupied if no building permit or certificate of occupancy is required. Prior to the expiration of a permit, an applicant may request a 12-month time extension by filing with the ZA. I.Revocation.An adjustment granted by the ZAsubject to conditions shall be revoked by the ZAif the applicant has not complied with the conditions. The decision of the ZA revoking an adjustment shall become effective 15 days following the date on which it was revoked unless an appeal has been filed. An adjustment granted by the Council shall be revoked only by the Council. J.New application.Following the denial or revocation of an adjustment application, no application for the same or substantially the same adjustment on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the adjustment. K.Adjustment related to plans submitted.Unless otherwise specified at the time an adjustment is granted, it shall apply only to the plans and drawings submitted as part of the application. Chapter 25.64Decisions by the Zoning Administrator64-6|Page 25.64.040Administrative Use Permits A.Purpose.Administrative use permits allow for approval of uses and activities whose effects on adjacent sites and surroundings need to be evaluated in terms of a specific development proposal. It is anticipated that uses qualifying for an administrative use review are minor in nature, only have an impact on immediately adjacent properties, and can be modified and/or conditioned to ensure compatibility. B.Applicability. This section applies to land use requiring an administrative use review as designated with an “A” on the allowed use tables, including Table 25.10-1(Use Matrix for Residential Districts), andTable 25.16-1 (Use Matrix for Commercial and Industrial Districts). C.Review process.The ZAis the approving authority for administrative use permits. However, the ZAmay refer an administrative use permit tothe Commission for review and approval. 1.Public notice of the application submittal and pending determination shall be made in accordance with Section 25.60.060.C(notice of zoning administrator decision). 2.ZAdetermination shall be based on standards and criteria set forth within this code and shall be accompanied by brief, writtenfindings and a determination. D.Findings.The ZA shall approve, or approve with conditions, an application for an administrative usepermit after making all of the findings below. If the ZA does not make all of these findings, he/she shall deny the administrative use permit. 1.The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this zoning code, municipal code, general plan, and any applicable specific plans or city regulations/standards. 2.The site is physically suited for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints, and can be conditioned to meet all related performance criteria and development standards. 3.Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity inwhich the project is located. E.Conditions.In approving an administrative use review, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code. 64-7|PageChapter 25.64 Decisions by the Zoning Administrator 25.64.050Reasonable Accommodation A.Purpose.In accordance with federal and state fair housing laws, it is the purpose of this section to allow for reasonable accommodations in the City’s zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. B.Application. 1.Applicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability. 2.Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form specified by the Director. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. 3.Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. 4.Required Submittals. In addition to materials required under other applicable provisions of this code, an application for reasonable accommodation shall include the following: i.Documentation that the applicant is: (a) an individual with a disability; (b) applying on behalf of one or more individuals with a disability; or (c) a developer or provider of housing for one or more individuals with a disability. ii.The specific exception or modification to the zoning code provision, policy, or practices requested by the applicant; iii.Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence. iv.Any other information that the Director reasonably concludes is necessary to make a determination on a reasonable accommodationrequest, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected. Chapter 25.64Decisions by the Zoning Administrator64-8|Page C.Review procedure.TheZAis designated approval authority for reasonable accommodation requests and shall approve a reasonable accommodation request if the compliance requirements beloware addressed. D.Required findings.The written decision to approve a request for reasonable accommodation shall be based on the following findings, all of which are required for approval: 1.The requested accommodation is requested by or on behalf of one or more individuals with a disability protected under the fair housing laws. 2.The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. 3.The requested accommodation will not impose an undue financial or administrative burden on the City as “undue financial or administrative burden” is defined in fair housing laws and interpretive case law. 4.The requested accommodation will not result in a fundamental alteration in the nature of the City’s zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case law. 5.The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. E.Alternative reasonable accommodations.The decision-maker may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant. F.Consideration factors.The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling: 1.Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. 2.Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. 3.In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants. 4.In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. 64-9|PageChapter 25.64 Decisions by the Zoning Administrator G.Consideration factors—fundamental alteration to zoning program.The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning program: 1.Whether the requested accommodation would fundamentally alter the character of the neighborhood. 2.Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking. 3.Whether the requested accommodation would substantially undermine any express purpose of either the City’s general plan or an applicable specific plan. 4.In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. H.Rules while decision is pending.While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. I.Effective date.No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is madeby the Council on such appeal, pursuant to the provisions of this section. J.Expiration.Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unlessone of the following applies: 1.A building permit has been issued and construction has commenced. 2.A certificate of occupancy has been issued. 3.The use is established. 4.A time extension has been granted. K.Time extension.The Director may approvea single one-year time extension for a reasonable accommodation for good cause. An application for a time extension shall be made in writing to the Director no less than 30 days or more than 90 days prior to the expiration date. The request for an extension shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. L.Violation of terms.Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. Revocation of a reasonable accommodation shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. Chapter 25.64Decisions by the Zoning Administrator64-10|Page M.Discontinuance.A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the ZA determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the zoning code, or (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The ZAmay request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 10 days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. N.Revocation.Any revocation shall be noticed and heard pursuant to the procedures established in this title. O.Amendments.A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval,shall be treated as a new application. The ZAmay waive the requirement for a new application if the changes are minor, do not involve substantial alterations or additionsto the plan or the conditions of approval, and are consistent with the intent of the original approval. 64-11|PageChapter 25.64 Decisions by the Zoning Administrator ! ! ! DIBQUFS!36/79! ! EFDJTJPOT!CZ!BSDIJUFDUVSBM! SFWJFX!DPNNJTTJPO! Dibqufs!36/79! ! Efdjtjpot!cz! Dpnnjttjpo uif!Bsdijufduvsbm!Sfwjfx! ! Chapter 25.68–Decisions by the Architectural Review Commission Sections in This Chapter 25.68.010Purpose................................................................................................68-1 25.68.020Design Review Required......................................................................68-1 25.68.030Exceptions to ARC review....................................................................68-1 25.68.040Findings of the ARC..............................................................................68-2 25.68.050Sign Design Review..............................................................................68-2 25.68.060Comprehensive Sign Pograms.............................................................68-4 25.68.010Purpose The purpose of this chapter is to establish permits and entitlements that are decided by the architectural review commission(ARC). Each permit and entitlement type is described in this chapter in terms of purpose and applicability, unique review process, findings for approval, and conditions. General processing procedures are established in Chapter 25.60(Procedures). 25.68.020Design ReviewRequired A.Purpose and applicability.Design review allows for specified projects to be reviewed by the ARC to ensure that design objectivesof Palm Desert as specified in the general plan are achieved. Design review is required, as follows: 1.Prior to permit issuance. Noplan, elevation for buildings or structures,or alterationsshall be approved and no permit shall be issuedfor any building, structure, sign,or other development of property or appurtenances or alterations thereto, except in single-family residential districts, without review and approval by the ARC. 2.The ARCshall 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 ARCshall determine whether the building proposed to be moved will fit harmoniously into the neighborhood wherein it is to be located. It may approve, approve with conditions, or disapprove the issuance of a permit to move such building. 25.68.030Exceptions to ARC review A.Minor modifications.When in the opinion of the ZA, the approval of an application for a minor or insignificant permit does not defeat the purposes and objectives of this chapter, he or she may grant the permit without submitting the matter to the ARCfor its approval, notwithstanding any other provisions of this chapter. B.Staff review of a single-family residence.Departmentstaff shall review applications for the issuance of a building permit for a dwelling in the single-family and residential estate zones. The staff, on its own initiative, may forward such a request to the ARC for action. 68-1|PageChapter 25.68 Decisions by ARC 25.68.040Findingsof the ARC To approve a design review application, the ARCshall find the following: A.That the proposed development conforms to any legally adopted development standards. B.That the design and location of the proposed development and its relationship to neighboring existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; and that it will not unreasonably interfere with the use and enjoyment of neighboring existing or proposed developments and that it will not create traffic hazards or congestion. C.That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly,and attractive development contemplated by this title and the general plan of the City. D.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors and that it is aesthetically of good composition, materials, textures,and colors. E.That the proposed use conforms to all the requirementsof the zone in which it is located and all other applicable requirements. F.That the overall development of the land shall be designed to ensure the protection of the public health, safety,and general welfare. 25.68.050Sign Design Review A.Purpose and applicability.This section providesa review procedure prior to the installation of signs, to ensure that the design implements theobjectives of the general plan and is consistent with the building site design and building architecture. It is unlawful forany person to place, alter, or to permit the placement or alteration of a sign, including painted signs upon any property,without first obtaining an approved sign permit. Signs that are exempt from this requirement are listed in Section 25.68.050.C. (MinorSigns). B.Application contents.Applications for sign design reviewshall be made on a form provided by the Department and shall be accompanied by a fee as established by Council resolution. The application shall provide the information and material specified in the Department’s handout for a sign permit application.The applicant shall also provide a signed statement from the property owner or authorized representative that the owner or representative has reviewed the proposed sign(s) and approves of the proposed sign(s) and their location prior to submittal of the sign permit application to the City. C.Minor signs.The ZAshall be authorized to conduct and approve sign design reviews for signsnot described in item D, below. The decision of the ZA shall be subject to appeal made to the ARC. Chapter 25.68 Decisions by ARC68-2|Page D.Design review required.The following sign types and sign programs shall be submitted to the ARCfor approval prior to approval of a sign permit application: 1.Freestanding signs (monument signs). 2.Comprehensive sign programs in compliance with Section 25.56.100 (Comprehensive Sign Programs). 3.Individual signs for any building with more than 100lineal feet of building frontage facing a public or private right-of-way. 4.Any sign that the ZAdetermines should be reviewed by the ARC due to the unique design, context, color, size, shape, location, or circumstance of the sign. E.Sign review criteria.In approving or rejecting a sign permit application, the reviewing authority shall consider the design review criteria provided herein. The design criteria shall not be construed or applied in a manner as to violate any legal rights bestowed by state or federal law. The reviewing authority shall find: 1.That the sign is necessary for the applicant’s enjoyment of substantial trade and property rights. 2.That the sign is consistent with the intent and purpose of this chapter and title. 3.That the sign does not constitute a detriment to public health, safety,and welfare. 4.That the size, shape, color, height, and placement of the sign is compatible with and will have a harmonious relationship to the building it identifies, the surrounding neighborhoods, and other signs in the area. 5.That both the location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions) are legible under normal viewing conditions prevailing where the sign is to be located. 6.That the location, height, and design of the proposed sign does not obscure from view or unduly detract from existing oradjacent signs, and does not in any way compromise the health or safety of any person(s). 7.That the location and design of the proposed sign, and its size, shape, illumination, and color are compatible with the visual characteristics of the surrounding area so as not to detract from or cause depreciation of the value of adjacent developed properties. 8.That the location and design of a proposed sign in close proximity to a residential district does not adversely affect the value or character of the adjacent residential uses. 9.That any neon tubing used in conjunction with anysign is incorporated as an integral part of the sign design with careful attention to color, intensity of light, and the use of colors that are not overly bright. 68-3|PageChapter 25.68 Decisions by ARC 10.That the quantity of information displayed in the sign does not cause visual clutter. 25.68.060Comprehensive Sign Pograms A.Purpose. The purpose of a comprehensive sign program is to integrate all of a nonresidential project’s signs with the overall site design and the structures’ design into a unified architectural statement. A comprehensive sign program provides a means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve,not circumvent, the purpose of this chapter. Approval of a comprehensive sign program may modify the standards provided in this chapter as to sign number, size, height, illumination, location, orientation, or other aspects of signs within the limits of this section. B.Applicability. The approval of a comprehensive sign program shall be required whenever any of the following circumstances exist: 1.Whenever three or more separate tenant spaces are present on the same site. 2.Whenever three or more nonexempt signs are proposed for a single tenant. 3.Whenever signs are proposed to be located on the second story on a multistory building. 4.Whenever an existing multitenant development of three or more tenants is being remodeled or rehabilitated to the extent that it requires review and approval by the ARC. 5.Whenever the Director determines that a comprehensive sign program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, the location of the site relative to other lots, buildings, or streets, etc.). C.Approval authority and procedures. The ARC shall be the review authority for a comprehensive sign program as described in Section 25.56.100. Chapter 25.68 Decisions by ARC68-4|Page ! Dibqufs!36/83! 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Chapter 25.72–Decisions by the Planning Commission Sections in This Chapter 25.72.010Purpose................................................................................................72-1 25.72.020Use Determinations..............................................................................72-1 25.72.030Precise Plan..........................................................................................72-2 25.72.040Development Plan................................................................................72-4 25.72.050Conditional Use Permit.........................................................................72-6 25.72.060Condominium Conversion Permit.........................................................72-8 25.72.070Variances............................................................................................72-10 25.72.080Hillside Development Plan, Commission Role....................................72-12 25.72.090Zoning Amendments (Text and Map), Commission Role....................72-13 Changes from existing ordinance: Renumbering/renaming existing code sections Chapter 25.74 (Determination of Uses Not Listed) is now Section 25.72.020 (Use Determinations). Chapter 25.73 (Precise Plan) is now Section 25.72.030. Chapter 25.120 (Condominium Conversion Permit) is now Section 25.72.060. Relevant provisions from Chapter 25.78 (Variances and Adjustments) has been included as Section 25.72.070 (Variances). Chapter 25.72 (Condition Use Permit) is now Section 25.72.050. Substantive edits to existing code sections Section 25.72.040 (Development Plan) has been created to consolidate all provisions related to development plans into a single location. 25.72.010Purpose The purpose of this chapter is to establish permits and entitlements that are decided by the Commission. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, unique review process, findings for approval, and conditions. General processing procedures are established in Chapter 25.60(Procedures). 25.72.020Use Determinations A.Purpose.In order to ensure that the zoning regulations will permit all similar uses in each district, the Commission, upon its own initiative or upon request, shall determine whether a use not specifically listed as a permitted or conditional use in any district shall be deemed a permitted use or a conditional use in any one or more districts on the basis of similarity to uses specificallylisted. The procedures of this chapter shall not be substituted for the amendment procedure as a means of adding new uses to the list of permitted or conditional uses. 72-1|PageChapter 25.72 Decisions by Planning Commission B.Application—submittal requirements.Application for determination of similar uses shallbe made in writing to the Directorand shall include a detailed description of the proposed use and such other information as may be required to facilitate the determination. C.Investigation and report.The Directorshall make such investigation of the application as necessary to compare the nature and characteristics of the proposed use with those uses specifically listed and shall make a report of his findings to the Commission. D.Determination.The determination of the Commissionshall be rendered in writing and shall be transmitted to the Councilwithin 15days of the determination. The decision of the Commission shall become final within 30days unless an appeal is filed or the majority of the Council elects to review the determination. E.Determination by Council.If required, theCouncilshall make a determination as prescribed in Chapter 25.60.080 (Appeals). 25.72.030Precise Plan A.Purpose.A precise plan allows for the review of uses, sites,and structures to ensure that the applicable design and development standards are implemented as intended. B.Applicability.A precise plan is required as follows: 1.No person shall commence any use for which a conditional use permit is required or any use not permitted in either the R-1orRE zone, and no building permit shall be issued for any structure to be used for or in conjunction with any such use, until a precise plan of design covering the parcel or parcels to be so used shall be approved and adopted as provided in this chapter. 2.Notwithstanding any provision of the Uniform Building Code, no grading permit shall be issued for the grading or excavation of any land, until a precise plan of design, tentative tract map, or tentative parcel map covering the property proposed to be graded or excavated has been approved and adopted as provided in this chapter. C.Exceptions.This subsection shall not apply to the grading or excavation required in connection with: 1.The construction of a swimming pool on property in the residential zone. 2.The movement of less than 50cubic yards of earth. 3.The grading of any parcel of property outside of the hillside overlay zone so as to improve the land for emergency drainage purposes. D.Application requirements.The applications for a precise plan shall be submitted on a form as provided by the Director and include submittal materials as required. Chapter 25.72 Decisions by Planning Commission72-2|Page E.Review criteria.Any such precise plan of design may be rejected, approved, modified and approved, or approved subject to conditions. Any such precise plan of design after approval may be amended, in the same manner as a precise plan of design is first approved under this chapter. The following criteria apply: 1.In the approval or rejection of a precise plan of design, consideration shall be given and restrictions shall be imposed to the extent necessary, in view of the size and shape of the parcel and the present and proposed zoning and use of the subject property and the surrounding property, to permit the same degree of enjoyment of the subject property, but subject to the same degree of protection of adjoining properties, as would be accorded in normal circumstances by the standard restrictions imposed by this chapter. The standard restrictions imposed in the various zones by this chapter are intended as minimum restrictions necessary in normal circumstances to prevent substantial depreciation of property values in the vicinityandunreasonable interference with the use and enjoyment of property in the vicinity by the occupants thereof for lawful purposes, andfor the protection of the public peace, health, safety,and general welfare. “Normal circumstances” are intended to refer to the case of a permitted case upon a lot of a normal size and shape surrounded by property in the same zone as the lot in question. 2.If the proposed precise plan of design would substantially depreciate property values in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would endanger the public peace, health, safety,or general welfare, such plan shall be rejected or shall be so modified or conditioned before adoption as to remove said objections. 3.If required, the design review approvalby the ARC (Section 25.68.0209Design Review Required)) has been obtained. F.Approval subject to condition.A precise plan of design may be approved subject to the granting of a change of zone, a conditional use permit, a variance,or the approval of a final subdivision map, and the Commission or Councilmay require such a precise plan of design to be submitted prior to the granting or recommending of a zone change, variance,or conditional use permit. G.Compliance required.No person shall violate or fail to comply with any approved precise plan of design or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to comply with any approved precise plan of design for the parcel or parcels on which such structure is to be located. In the event any such permit is issued, it shall be null and void and have no further effect. H.Continuance of existing plans.Any precise plan previously approved and in effect shall remain in effect regardless of any changes to zoning regulations subsequently adopted,unless the precise plans are made null and void or amended at the time of adoption. 72-3|PageChapter 25.72 Decisions by Planning Commission I.Distinction from other precise plans.The precise plans of design referred to in this chapter are not to be confused with or considered to be precise plans as referred toin the Government Code of the State. J.Street frontage requirements.No building or other structure to be used for any business or commercial purpose shall hereafter be erected unless the frontage of the lot, or parcel of land upon which such building or structure is erected, abuts on one side of a public street, unless an unnecessary hardship would result as determined by the Commission. K.Failure to utilize a precise plan. 1.Failure to utilize a precise plan within oneyear of its effective date (unless extended by action of the Commission) will automatically void such precise plan. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued. 2.Extension of time up to a maximum one year may be granted from the date of expiration of the precise plan by the Commissionwhen extenuating circumstances can be clearly shown by the applicant. The request for same shall be submitted to the Commissionin writing prior to the expiration date and shall clearly state the reasons why construction has not commenced. 3.The commission may grant additional time extensions up to a maximum of three yearsproviding that there has not been adopted any changes to zoning regulationsthat would impact said precise plan. L.Amendment to a precise plan. 1.The Commissionmay grant an amendment to the approved precise plan only after all procedures as set forth in the original application are met except that the request for such amendment maybe in letter form in lieu of being placed on the official form of application for a precise plan of design. 2.The Director may approve in writing on the approved precise plan minor modifications without the benefit of public hearing when such modifications do not adversely affect the public interest or the interest of owners of neighboring properties or substantially alter the plan, and so long as the modification would not affect any other condition of approval. 25.72.040Development Plan A.Purpose.A development plan may be filed that is consistent with an approved master planin accordance with the Planned Community Overlay described in Section 25.28.060.A development plan may cover all or a portion of amaster plan area. No building permit shall be issued for any new building or structure unless a development plan covering the area within the master plan area has been approved. B.Application requirements.A development plan application shall be submitted on the form provided by theDirector and shall contain the material specifiedby the Director and bebased on materials provided by the planning department. Chapter 25.72 Decisions by Planning Commission72-4|Page C.Common open space.All common open space shall be preserved for that purpose as shown in the development plan. The developer shall choose one or a combination of the following three methods of administering common open space: 1.Dedication of common open space to the city, which is subject to formal acceptance. 2.Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to ensure perpetual maintenance of all common open space. 3.Retention of ownership, control,and maintenance of all common open space by the developer; all privately owned common open space shall continue as such and shall only be used in accordance with the development plan; appropriate land use restrictions shall be contained in all deeds to ensure that the common open space is permanently preserved according to the development plan; said deed restrictions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of common open space. D.Design criteria.The following design criteria are established: 1.The overall plan shall achieve an integrated land and building relationship. 2.Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site. 3.The layout of structures and other facilities shall effect conservation in street and utility improvements. 4.Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units. E.Procedure for development plan application. 1.Application. The owner, authorized agent, or the purchaser with the consent of the owner may submit an application for development plan approval to the community development department. 2.The ARC shall approve a design review application. 3.The Commissionshall hold a public hearing and approve thedevelopment plan if it finds the criteria set forth in this chapter have been satisfied subject to such conditions as it deems necessary. The Commissionmay 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 Commissionshall be final unless appealed to the Council. F.Public hearing and appeal.Public hearing and appeal procedure shall be governed by Chapter 25.60 (Procedures). 72-5|PageChapter 25.72 Decisions by Planning Commission G.Application fee.An application for a development plan shall be accompanied by a filing fee as specified by the city. 25.72.050Conditional Use Permit A.Purpose.In order to give the use regulations the flexibility necessary to achieve the objectives of this title, in certain districts, conditional uses are permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the Commissionis empowered to grant or deny applications for conditional use permits for such conditional uses as are prescribed in the district regulations and to impose reasonable conditions upon the granting of conditional use permits subject to the right of appeal to the Council. B.Applicationrequirements.Application for a conditional use permit shall be filed with the planning departmenton a form prescribed by the Director and shall include materials as required. C.Investigation and report.The planning departmentshall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Commissionand made available to the applicant prior to the public hearing. D.Hearings.The Commissionshall hold at least one public hearing on each application for a conditional use permit. The hearing shall be set and notice given as prescribed in Section 25.60.060(Public Hearingand Public Notice).At the public hearing, the Commissionshall review the application and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and proposed conditions under which it would be operated or maintained. E.Action of the Commission.The Commission may grant a conditional use permit as the permit was applied for or inmodified form, or the application may be denied. A conditional use permit may be granted for a limited time period, or may be granted subject to such conditions as the Commission may prescribe. Conditions may include, but shall not be limited to, payment of drainage fees; requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulation of points of vehicular ingress and egress; regulation of traffic circulation; regulation of signs; regulation of hours of operation and methods of operation;control of potential nuisances; prescribing standards for maintenance of buildings and grounds; prescription of development schedules and development standards; and such other conditions as the Commission deems necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety,and welfare. F.Findings.The Commissionshall make the following findings before granting a conditional use permit: 1.That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located. Chapter 25.72 Decisions by Planning Commission72-6|Page 2.That the proposed location of the conditional use and theconditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. 3.That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 4.That the proposed conditional use complies with the goals, objectives, and policies of the city’s general plan. G.Effective date of the use permit.The decision of the Commissionshall be final within 15days from the date of the decision unless an appeal has been filed with the Council. H.Lapse of conditional use permit.A conditional use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no building permit or certificate of occupancy is required; provided that a use permit for a public utility installation may be valid for a longer period is specified by the Commission. Prior to the expiration of the permit, the applicant may request a 12-month time extension by filing with theCommission. I.Modification of conditional use.Modification, expansion, or other change in a conditional use; provided, that minor revisions or modifications may be approved by the Director of if he or she determines that the changes would not affect the findings prescribed in Section 25.72.070 (Variances) and the application for revision or modification is filed within one year from the date the original conditional use permit becomes final, does not change the use designated in the original conditional use permit, does not increase, reduce, or alter the size or shape of the premises to which the original conditional use permit pertained, and does not extend the time in which the actual establishment of the conditional use permit or the commencement of construction under the conditional use permit shall take place. J.Suspension and revocation.Any conditional use permit issued pursuant to the provisions of this title may be modified, discontinued, suspended or revoked by the Commissionupon receiving satisfactory evidence that the permittee, its agent(s), employee(s),or any person connected or associated with the permittee: (1) has failed to comply with any applicable provision of the Palm Desert Municipal Code, including but not limited to the city’s building, zoning,and health regulations; (2) has failed to comply with any condition imposed by the conditional use permit; or (3) has allowed the existence of or created a public nuisance in violation of the Palm Desert Municipal Code. The modification, discontinuance, suspension,or revocation shall be made only after a duly noticed hearing before the Commission, which hearing shall be conducted within 40 days of learning of the violation. 72-7|PageChapter 25.72 Decisions by Planning Commission K.Commissiondetermination. 1.Not more than 30days or less than 10days prior to the hearing, written notice of the time and place of hearing shall be given to the permittee. The notice shall specify in general terms the grounds upon which the Commissionintends to modify, discontinue, suspend,or revoke the conditional use permit. The notice shall be deemed complete when delivered to the permittee by personal service, when sent by certified mail to the permittee’s last known address, or when posted in a conspicuous place on the property for which the conditional use permit was issued. 2.Notice of the hearing shall also be mailed not more than 30days or less than 10 days prior to the hearing to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within 300feet of the exterior boundaries of the property subject to the hearing and all persons who have filed written complaints with the City regarding the subject property. 3.After giving notice and conducting the hearing, the Commissionmay modify, discontinue, suspend,or revoke the conditional use permit. As part of any such action, the Commissionmay impose such conditions as it deems appropriate, including those necessary to protect the best interests of the surrounding property to the neighborhood; to eliminate, lessen, or prevent any detrimental effect thereon;or to assure compliance with other applicable provisions of the law. Any such action shall be supported by written findings, including a finding that it does not impair the constitutional rights of any person. 4.The decision of the Commissionshall become final 30days following the date on which the conditional use permit was suspended or revoked unless an appeal has been filed with the Councilin accordance with Section 25.60.080 (Appeals) of this code. L.New applications.Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the conditional use permit. M.Use permit to run with the land.A conditional use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application. However, the City shall be notified of any change of ownership within 90days of its occurrence. 25.72.060Condominium Conversion Permit A.Purposeand intent.This sectionprovidesstandards and criteria for regulating the conversion of rental housing to residential condominium units or rental housing to a condominium hotel, community apartment,or stock cooperative types of ownership and for determining when such conversions are appropriate;mitigatesany hardship to tenants caused by their displacement; andprovides provisions to protect public health, safety,and general welfare. Chapter 25.72 Decisions by Planning Commission72-8|Page B.Applicable standards. The Commission/Councilis the review authority for condominium conversion projects. All condominium conversion projectsshall conform to: (1) the applicable standards and requirements of the zoning district in which the project is located at the time of approval; (2) Section 25.34.050of the Palm Desert Charter and Municipal Code; and (3) all other applicable local, state, and/or federal laws and codes. C.Findings—Condominium conversion projects.The Commission/Councilshall not approve a condominium conversion permitfor same unlessit finds all of the following: 1.The condominium conversion project is consistent with the applicable findings specified in Section 25.72.050(Conditional Use Permits)of this code. 2.That the applicant does not seek to convert an apartment complex or development, which received a certificate of occupancy for any unit, located therein within the preceding 12months. 3.That the average rental vacancy rate in apartment dwelling units within the city during the 24months preceding the filing of the application is equal to or greater than 5percent. Upon submission of the application, the city manager or designee shall obtain, at applicant’s sole expense, a written study or report from an objective, unbiased third party which provides such studies and/or reports as part of its ordinary course and scope of business on a statewide or nationwide basis, which, in the reasonable opinion of the city manager or designee,reflects that the average rental vacancy rate in apartment units then available in the city is 5 percent or higher. If the average rental vacancy rate in the city during the 24 months preceding the filing of the application is less than 5percent or if as a result of the approval of said condominium conversion the vacancy rate would be less than 5percent,the condominium conversion project shall be denied unless the Commission/Councildetermines that at least one of the following overriding considerations exist: i.Evidence has been submitted that at least 50percent plus one of the eligible tenants have voted to recommend approval of the conversion. ii.That the evidence presented to the Commission/Councilas part of the application for the project overwhelmingly complies with the policies and intent of this chapter. Applicants shall be able to request that the Commission/Councilallow for a condominium conversion project to be considered for approval where the vacancy rate and/or tenant approval percentage requirements have not been met but have been substantially complied with. 4.Conversions of projects containingfour units or less shall not be subject to the above vacancy rate provisions. 72-9|PageChapter 25.72 Decisions by Planning Commission D.Commission/Councildetermination. 1.The Commissionshall hold a duly noticed public hearing on a condominium conversion project, and the decision of the Commissionshall be final unless a timely appeal is filed. 2.When a timely appeal is filed to a decision of the Commission, the Councilshall hold a public hearing on a condominium conversion project, and the decision of the Councilshall be final and subject to appeal only by way of writ of mandate to a court of appropriate jurisdiction. A condominium conversion project conditional use permit may be approved subject to such conditions as the Commission/Councilmay prescribe. 25.72.070Variances A.Purpose.Variances from the terms of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location,or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated. B.Applicability.The power to grant variances and adjustments does not extend to use regulations. Flexibility to the zoning regulations is provided in the conditions use provisions of this title. C.Application—submittal requirements.Application for a variance shall be filed with the planning departmenton a form prescribed by the Commissionand shall include the following data and maps: 1.Name and address of the applicant. 2.Statement that the applicant is the owner or the authorized agent of the owner of the property on which the variance is being requested. 3.Address and legal description of the property. 4.Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning regulations that would result from a strict or literal interpretation and enforcement of the specified regulation, together with any other data pertinent to the findings prerequisite to the granting of avariance. 5.An accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than 2feet, and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking facilities, and landscaped areas. Chapter 25.72 Decisions by Planning Commission72-10|Page 6.A list of all owners of property located within 300feet of the exterior boundaries of the subject property. The list shall be keyed to a map showing the location of these properties. 7.The Director may require additional information or plans, if they are necessary, to enable a determination as to whether the circumstances prescribed for the granting of a variance exist. The Director may authorize omission of any or all of the plans and drawings required by this title if they are not necessary. D.Investigation and report.The planning departmentshall make an investigation of each application that is subject of a public hearing and shall prepare a report thereon which shall be submitted to the Commission, and made available to the applicant prior to the public hearing. E.Hearing responsibility.All variance applications shall be heard and a determination shall be made by the Commission.TheCommissionshall hold a public hearing on an application for a variance. The hearing shall be set and notice given as prescribed in Section 25.60.060 (Public Hearing and Public Notice). At a public hearing, the Commission shall review the application, statements, and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings. F.Action of the Commission.The Commission may grant a variance as the variance was applied for or in modified form, or the application may be denied. A variance may be granted for a limited time period, or may be granted subject to conditions as the commission may prescribe. G.Findings.TheCommissionmay grant a variance to a regulation prescribed by this title with respect to fences, walls, hedges, screening, or landscaping; site area, width, or depth; front, rear, or side yards; coverage, height of structures; distances between structures, usable open space, frontage on a public street, or other development standards as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the Commission makes findings of fact that establish that the circumstances prescribed in subsections A, B, C and D do apply: 1.That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the ordinance codified in this title. 2.That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. 3.That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. 4.That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 72-11|PageChapter 25.72 Decisions by Planning Commission H.Determination.The Commissionshallhold a public hearing on a variance as prescribed in Chapter 25.60.060 (Public Hearing and Public Notice) if an appeal has been filed within the prescribed 15-day appeal period. I.Effective date.A decision of the Commissionon a varianceshall be effective 15days after the date of the decision unless an appeal has been filed. A variance shall become effective immediately after it is granted by the Council. J.Lapse of variance.A variance shall lapse and shall become void one year following the date on which the variance became effective unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance application, or the site is occupied if no building permit or certificate of occupancy is required. Prior to the expiration of a permit, an applicant may request a 12- month time extension by filing with the Commission. K.Revocation.A variance granted by the Commissionsubject to conditions shall be revoked by the Commission if the applicant has not complied with the conditions. The decision of the Commission revoking a variance shall become effective 15days followingthe date on which it was revoked unless an appeal has been filed. A variance granted by the Councilshall be revoked only by the Council. L.New applicationbFollowing the denial or revocation of a variance application, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the variance. M.Variance related to plans submitted.Unless otherwise specified at the time a variance is granted, it shall apply only to the plans and drawings submitted as part of the application. 25.72.080Hillside Development Plan, Commission Role A.Purpose and applicability.The purpose of a hillside development plan is to provide for the review of projects within the hillside planned residential district to ensure that the design of projects is consistent with the hillside conditions on each development site. Within the hillside planned residential district, no building permit shall be issued for any new building or structure unless a hillside development plan covering the area within the has been approved by the Council according to Section 25.78.020(Hillside Development Plan). B.Procedure and required Commission action. 1.Hillside development plan shall be reviewed and processed according to Section 25.78.020 (Hillside Development Plan). Final approval by the Council is required, but the Commission may deny a hillside development plan. 2.Prior to Commission action, the ARC shall hold a public hearing on such application and consider a recommendation to the Commission. Chapter 25.72 Decisions by Planning Commission72-12|Page 3.The Commission shall hold a public hearing andeither: 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.Denythe application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. 4.Decision of the Commission to deny the development plan shall be final unless appealed to the Council. 25.72.090Zoning Amendments (Text and Map), Commission Role A.Purpose.The text of this title may be amended by changing the district regulations or any other provision of this title and the zoning map may be amended by changing the boundaries of any district in accord with the procedures described in this title. Council action is required prior to the approval of a text or map amendment, but the Commission playsa key role. B.Initiation of a zoning amendment. 1.For a zoning text amendment, theCouncil may initiate proceedings by motion and then submit the matter to the Commission for public hearings.The Council process is provided in Section 25.78.040 (Amendments–Zoning Ordinance) 2.For a zoning map amendment the property owner or anauthorized agentmay file an application or if the property for which a change of district is proposed is in more than one ownership, all the owners or their authorized agents shall join in the filing of the application. A change in the boundaries of any district may additionally be initiated by resolution of the Commission or the Council. C.Public hearing.The Commission shall hold at least one public hearing on each proposal for text or map amendment as provided in Section 25.60.060 (Public Hearing and Public Notice). D.Recommendation.Within 21days following the closing of the public hearing, the Commission shall make a specific finding as to whether the zoning amendment (text or map) is consistent with the objectives of this title and the adopted general plan, and shall recommend to the Council that the proposal be adopted, adopted in modified form, or rejected. 72-13|PageChapter 25.72 Decisions by Planning Commission ! ! Dibqufs!36/89! ! ! Efdjtjpot!cz!uif!Djuz! DIBQUFS!36/89! EFDJTJPOT!CZ!DJUZ!DPVODJM Dpvodjm ! ! Chapter 25.78–Decisions by the City Council Sections in This Chapter 25.78.010Purpose................................................................................................78-1 25.78.020Hillside Development Plan....................................................................78-1 25.78.030Amendments—Zoning Ordinance.........................................................78-3 25.78.040Amendments—Zoning Map..................................................................78-3 25.78.050Prezoning for Annexed Areas...............................................................78-4 25.78.060Development Agreements....................................................................78-5 25.78.070General Plan Updates...........................................................................78-6 25.78.010Purpose The purpose of this chapter is to establish permits and entitlements that are decided by the Council. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, unique review process, findings for approval, and conditions. General processing procedures are established in Chapter 25.60(Procedures). 25.78.020Hillside Development Plan A.Purposeand applicability.The purpose of ahillside development planis to provide for the review of projects within the hillside planned residential district to ensure that the design of projects is consistent with the hillside conditions on each development site. Within the hillside planned residential district, no building permit shall be issued for any new building or structure unless a hillside development plan covering the area within the has been approved. B.Hillside development plans.In addition to application formsand materials required by the Director, thefollowing additional application information is required within the hillside planned residential district. 1.Accurate topographic maps indicating the following: i.Natural topographic features with an overlay of the proposed contours of the land after completion of the proposed grading. ii.Slope analysis with at least 5-foot contour intervals and a slope analysis showing the following slope categories: a.10% —15% b.16% —20% c.21% —25% d.26% —30% e.31% —35% f.36% and over 78-1|PageChapter 25.78 Decisions by City Council iii.Elevations of existing topographic features and the elevations of any proposed building pads, street centerlines,and property corners. iv.Locations and dimensions of all proposed cut and fill operations. v.Locations and details of existing and proposed drainage patterns, structures,and retaining walls. vi.Locations of disposal sites for excess or excavated material. vii.Locations of existing treesandother significant vegetation and biological features. viii.Locations of all significant geological features, including bluffs, ridgelines, cliffs, canyons, rock outcroppings, fault lines,and waterfalls. ix.Locations and sizes of proposed building areas and lot patterns. 2.Reports and surveys with recommendations from foundation engineersor geologists based upon surface and subsurface exploration stating land capabilities, including soil types, soil openings, hydrologic groups, slopes, runoff potential, percolation data, soil depth, erosion potential,and natural drainage patterns. 3.Archeological studies in areas where existing evidence seems to indicate that significant artifacts of historic sites are likely to be encountered in order to ensure that these artifacts and/or sites are not inadvertently destroyed. C.Procedure for hillside development plan application. 1.Application. The owner, authorized agent, or the purchaser with the consent of the owner may submit an application for development plan approval to the Department. 2.The ARCshall hold a public hearing on such application and consider a recommendation to the Commission. 3.The Commission shall hold a public hearing and make a recommendation to Council to approve the development plan if it finds the criteria set forth in this chapter have been satisfied subject to such conditions as it deems necessary. The Commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Commission to deny the development plan shall be final unless appealed to the Council. D.Public hearing and appeal.Public hearing and appeal procedure shall be governed by Chapter 25.60(Procedures). Chapter 25.78 Decisions by City Council78-2|Page 25.78.030Amendments—Zoning Ordinance A.Purpose.The text of this title may be amended by changing the district regulations or any other provision of this title in accord with the procedure described in this section. B.Initiation.The Council may initiate proceedings by motion and then submit the matter to the Commission for public hearings. C.Action by the Council. 1.The Council shall hold at least one public hearing on the proposal within 40days after receipt of the report of the Commission. The hearing shall be set and notice given as prescribed in Section25.60.060(Public Hearing and Public Notice). 2.Within 21days following the closing of the public hearing, the Council shall make a specific finding as to whether the change is consistent with the objectives of this title. If the Council finds that the proposal or a modified amendment is consistent, it shall introduce an ordinance amending thezoning ordinance text. If the Council shall find that the proposal is not consistent, it shall deny the proposal pursuant to a resolution of denial. D.New proposal following denial.Following the denial for an amendment to the zoning ordinance text, a request for the same or substantially the same change shall not be filed within one year of the date of denial. 25.78.040Amendments—Zoning Map A.Procedure.The zoning map may be amended by changing the boundaries of any district in accord with the procedures described in this chapter. B.Initiation.A change in the boundaries of any district may be initiated by the owner or the authorized agent of the owner of the property by filing an application for a change in district boundaries. If the property for which a change of district is proposed is in more than one ownership, all the owners or their authorized agents shall join in the filing of the application.A change in the boundaries of any district may additionally be initiated by resolution of the Commission or the Council. C.Application—submittal requirements.A property owner desiring to propose a change in the boundaries of the district in which his property is located, or his authorized agent, may file with the Departmentan application for a change in district boundaries on a form prescribed by the Commission and shall include the following information: 1.Name and address of the applicant. 2.Statement that the applicant is the plaintiff in an action of eminent domain to acquire the property or the owner or the authorized agent of the owner of the property for which the change in district boundaries is proposed. 3.Address and legal description of the property. 78-3|PageChapter 25.78 Decisions by City Council 4.An accurate scaleddrawing of the site and the surrounding area showing existing streets and property lines for a distance determined by the Directorto be necessary to illustrate the relationship to any impact on the surrounding area. 5.A list of all owners of properties located within 300feet of the exterior boundaries of the subject property, taken from the latest adopted tax roll of Riverside County; the list shall be keyed to a map showing the location of these properties. D.Action bythe Council. 1.The Council shall hold at least one public hearing on an application within 40 days after the receipt of the resolution or report by the Commission,provided that no hearing shall be held on an application which has been denied by the Commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.60.060(Public Hearing and Public Notice). 2.Within 21days following the close of a public hearing, the Council shall make a specific finding as to whetherthe change is consistent with the objectives of this title. If the Council finds that the proposal or a modified amendment is consistent, it shall introduce an ordinance amending the zoning map. 3.If the Council finds that the change is not consistent, it shall deny the application pursuant to a resolution of denial. E.New application following denial.Following the denial ofan application for a change indistrict boundaries,an application or request for the same or substantially the same change shall not be filed within one year of the date of denial. F.Change of zoning map.A change in district boundaries shall be indicated by listing on the zoning map the number of the ordinance amending the map. 25.78.050Prezoning for Annexed Areas A.District designation.Territory annexed to the city shall,upon the date that the annexation becomes effective, become a part of the study district, unless the Council determines otherwise by ordinance. The districting shall be temporary and the Commission shall recommend to the Council within a period of not to exceed one year a final zoning plan for the annexed territory. B.Prezoning unincorporated territory.Unincorporated territory may be prezoned by the City for the purpose of determining the zoning that will apply to such territory in the event of subsequent annexation to the city. C.Procedure.Consideration of the zoning classification, conditional use,or variances to be applicable to the property to be annexed shall be in accordance with the procedure providedin the case of property already in the city. D.Property classification.The prezoning designation as approved shall be shown on the zoning map with a UA (“unannexed”) prefix attached to the designation to indicate upon annexation—for example, PR-10 (UA). Once the annexation is completed, the UA additive shall be removed. Chapter 25.78 Decisions by City Council78-4|Page E.Annexation schedule.Any prezoned classification may be subject to a specific timetable for annexation of all or part of the property to the city. The city reserves the right to review annually whether the prezoned property is being annexed to the city in conformity with the timetable and the Council may, and expressly reserves the right and power, to revoke the prezoned classification solely upon the ground that annexation has not taken place according to the timetable. F.Notification of the board of supervisors.In addition to any other public notice required, the City shall, as a part of any rezoning request, notify the board of supervisors of the county of the proposed application of the prezoning process. 25.78.060Development Agreements A.Purpose.The purpose of this chapter is to provide the City with greater control and flexibility in the evaluation of projects by tailoring development standards to the unique features of a particular site and linking them with specific development proposals and performance criteria. B.Eligibility.Persons or organizations entering into development agreement with the City must have a legal or equity interest property. C.Contents.A development agreement,at a minimum,shall specify or contain the following: 1.Duration of agreement 2.Maximum height and size of building 3.Permitted uses 4.A general site plan showing arrangement of uses, circulation,and required dedication 5.A timetable for the completion of various project phases or other features of the agreement 6.Other conditions, terms, restrictions,and requirements for subsequent discretionary actions D.Public hearing and notice.A public hearing on an application for a development agreement shall be held by the Commission and Council. Notice of intention to consider adoption of a development agreement shall be given as provided in Section 25.60.060 (Public Hearing and Public Notice). E.Form and consistency.A development agreement shall be approved by ordinance and shall be consistent with general and specific plans. F.Rules, regulations,and official policies.Unless otherwise provided by the development agreement, rules, regulations and official policies governing uses of the land, density, design, improvement and construction standards and specifications, applicable to development of the property subject to the agreement, shall be those rules, 78-5|PageChapter 25.78 Decisions by City Council regulations,and official policies in force at the time of the execution of the agreement. A development agreement shall not prevent the City from subsequent actions applicable to the property from applying new rules which do not conflict with those contained within the agreement, nor shall a development agreement prevent the City from denying or conditionally approving any subsequent development application on the basis of such existing or new rules, regulations,and policies. G.Periodic review.The Director shall review a development agreement every year, at which time the applicant or his successor shall be required to demonstrate good faith compliance with the terms of the agreement. If as a result of this review, the Director finds and determines, on the basis of substantial evidence, that the applicant has not complied in good faith with terms or conditions of the agreement, it shall recommend to the Council that the agreement be modified or terminated. If the Council concurs with the Director recommendation, the agreement shall be modified or terminated. Proceedings before the Council shall be a noticed public hearing per Section25.60.060(Public Hearing and Public Notice). H.Amendment or cancellation.Adevelopment agreement may be amended or canceled in whole or in part by mutual consent of the parties to the agreement or their successors. I.Recording of agreement.No later than 10days after the City enters into a development agreement, the City clerk shall record with the County recorder a copy of the agreement, which shall describe the land subject thereto. From andafter the time of such recordation, the agreement shall impart such notice thereof to all persons as is afforded by the recording laws of this state. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to, allsuccessors in interest to the parties to the agreement. J.Modification or suspension to comply with state or federal laws or regulations.In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. K.Reversion of zoning in the event of noncompliance with terms and conditions.In the event the terms and conditions are not complied with by the developer, the zoning shall revert to the zoning which existed prior to the development. 25.78.070General Plan Updates A.Purpose.The purpose of a general plan amendment is to allow for modifications to the general plan text (e.g., goals, policies, or implementation programs) or to change the general plan land use designation on any parcel(s).This section is intended to guide updates tothe general plan according to applicable state governmental code provisions. B.Council action. 1.The designated approving authority for general plan amendments is the Council, which shall hold a public hearing prior to taking action. Chapter 25.78 Decisions by City Council78-6|Page 2.Public hearing and corresponding notice shall be consistent with provisions of Section 25.60.060(Public Hearingand Public Notice). 3.The Council approves by resolution or denies the general plan amendment in accordance with the requirements of this title. C.Frequency of amendment.Pursuant to California Government Code Section65358, no mandatory element of the general plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the general plan. D.Initiation of amendment.A general plan amendment may be initiated by the Commission or the Council, by application of property owner(s) of parcel(s) to be affected by the general plan amendment, or by recommendation of the Director to clarify text, address changes mandated by state law, maintain internal general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city. E.Findings.The Council may approve a general plan amendment upon finding that the amendment is in the public interest and that the general plan as amended will remain internally consistent. In the event that a general plan amendment is requested by a private property owner, the applicantshall demonstrate to the Council that there is a substantial public benefit to be derived from such amendment and how the proposed amendment furthers the goals of the general plan. 78-7|PageChapter 25.78 Decisions by City Council ! ! ! DIBQUFS!36/::! ! EFGJOJUJPOT Dibqufs!36/ :: ! ! Efgjojujpot ! Chapter 25.99 Definitions. Sections in this chapter 25.99.010 Purpose.....................................................................................................1 25.99.020 Land Use Definitions..................................................................................1 25.99.010Purpose The purpose of this chapter is to provide definitionsthat will assist with the interpretation of the zoning ordinance and provide descriptions for each of the land use categories usedin this title. 25.99.020Land Use Definitions For the purposes of this title, certain words, phrases, and terms used in this title shall have the meanings assigned to them by this chapter. (Ord. 93 § 1, 1975, Exhibit A § 25.2) Abandoned sign.Asign that is advertising a use that has ceased; is located upon a structure that has been abandoned by its owner; does not identify or advertise a current bona fide business, lessor, service, owner, or product available upon the site; or that identifies or advertises an event or activity that has occurred. Abut.Two adjoining parcels of property with a common property line, including two or more lots adjoining only at a corner, except where such common property line is located in a public street right-of-way. (Ord. 93 § 1, 1975, Exhibit A § 25.2-1 (part)) Access or accessway.The place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by this title. (Ord. 93 § 1, 1975, Exhibit A § 25.2-1 (part)) Accessory building.Asubordinate building located on a building site, the use of which is customarily related to that of a main building or to the use of the land. (Ord. 93 § 1, 1975, Exhibit A § 25.2-1 (part)) Addition.An extension or increase in floor area or height of a building or structure. (Ord. 93 § 1, 1975, Exhibit A § 25.2-1 (part)) Adultentertainment.Anysexually oriented business, including an adult bookstore or video store, cabaret, adult motion picture theater, sexual device shop,or semi-nude model studio. Advertising device. Any balloon, flag, pennant, propeller; oscillating, rotating, pulsatinglight; or other contrivance except a sign used to attract attention for the purpose of promoting (either directly or indirectly), the sale of products of any person. Advertising display.Any device, contrivance, statue,or structure other than a sign used as a display, regardless of size and shape, for the purposes of attracting attention or making anything known, the origin or place of sale of which is on the property with the advertising display. 99-1|PageChapter 25.99 Definitions Air contaminant.Particulate matter, dust, fumes, gas, mist, smoke, vapor, or any combination thereof having or tending to have a deleterious effect on human beings, vegetation, animals or property. (Ord. 93 § 1, 1975, Exhibit A § 25.2-1 (part)) Alley.An access roadway or drive that provides service access to the rear or sides of a parcel. (Ord. 93 § 1, 1975, Exhibit A § 25.2-1 (part)) Alteration.Any work on a structure that does not result in any addition to the structure. (Ord. 93 § 1, 1975, Exhibit A § 25.2-1 (part)) Ambient noise level.General noise level one finds in a certain area at a given time. (Ord. 93 § 1, 1975, Exhibit A § 25.2-1 (part)) Amendment.A change in the wording, context, or substance of this title, or an addition or deletion or a change in the zone boundaries or classifications upon the zoning map, which imposes any regulation not theretofore imposed, or removes or modifies any such regulation theretofore imposed. (Ord. 93 § 1, 1975, Exhibit A § 25.2-1 (part)) Amusement arcade.Any business having five or more mechanicalor electronic games. See also mechanical or electronic game.(Ord. 293, 1982) Amusement facility, indoors.An establishment providing indoor amusement and entertainment services for a fee or admission charge, including dance halls and ballrooms, and electronic game arcades, as primary uses. Five or more mechanical or electronic games in any establishment are considered an amusement arcade as described above. Amusement facility, outdoors.An establishment providing outdoor amusement and entertainment services for a fee or admission charge. Ancillary commercial.Commercial operations or sales incidental or subservient to the primary use. For instance,a coffee kiosk within an office building would be considered ancillary to the use. Animal clinic.Aplacewhere animals no larger than the largest breed of dogs are given medical or surgical treatment; a facility primarily for treatment of outpatients and where for only a short time, critical patients are kept longer than 24hours. Boarding of animals shall be incidental to such clinic use. (Ord. 93 § 1, 1976, Exhibit A § 25.2-1 (part)) Apartment.Ahabitable room or suite of two or more habitable rooms with a single kitchen, in a multiple dwelling, occupied or suitable for occupancy as a residence for one family and shall be considered a dwelling unit. (Ord. 93 § 1, 1975, Exhibit A § 25.2-1 (part)) Apiary.Aplace where bees and their hives are kept for their honey. Architectural projections.Projections from a building which are necessary for the shading of a building or features such as sills, cornices,and chimneys. Such projections may extend into required yards only as allowed by the provisions of this title. (Ord. 93 § 1, 1975, Exhibit A § 25.2-1 (part)) Art gallery.An establishment where works of art are exhibitedand/or sold. Chapter 25.99 Definitions99-2|Page Art studio.Aworkplace for the teaching or practice of an art. Automotive sales and rentals.Aretail establishment for the display, sales,or rental of new or used automobiles, trucks, vans, motorcycles, mobile homes, recreation vehicles, and/or boats. Automotive service station.Aretail place of business engaged primarily in the sale of motor fuels and supplying only those incidental goods and services which are required in the day-to- day operation of automotive vehicles and thefulfilling of motorist needs. (Ord. 93 § 1, 1975, Exhibit A § 25.2-1 (part)) Awning sign.A sign painted on, printed on, or attached to the surface of an awning. Back-lit awning.An internally illuminated, fixed, space-frame structure with translucent, flexible, fabric reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning. Balcony.An unroofed or roofed platform enclosed by a railing or parapet projecting from the wall of a building for the private use of occupant or for exterior access to the above-grade living units. When a balcony is roofed and enclosed with operating windows, it is considered part of the room it serves. (Ord. 93 § 1, 1975, Exhibit A § 25.2-2 (part)) Figure 25.99-1 Balcony Bar or lounge.Any use where the on-site sale and consumption of alcoholic beverages equals or exceeds 50percent of gross sales of food and beverages from that location. (Ord. 933 Exhibit A § 1, 2000; Ord. 922 § 2(A), 1999) Basement.That portion of a building between floor and ceiling which is partly or wholly underground. A basement shall be counted as a story for purposes of height measurement where more than one-half of its height is above the average level of the adjoining ground. (Ord. 93 § 1, 1975, Exhibit A § 25.2-2 (part)) 99-3|PageChapter 25.99 Definitions Bed and breakfast.Residential structures with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable health department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel and is included under each definition of Hotels and Motels. Botanical conservatory. A room having glass roof and walls, typically attached to a house on only one side, used to grow plants. Building.Astructure having a roof supported by columns or walls. (Ord. 93 § 1, 1975, Exhibit A § 25.2-2 (part)) Building frontage.That building elevation that fronts on a public street, alley, driveway, parking area, pedestrian plaza, courtyard,or arcade. Building height.Vertical distance from the average elevation of the finished grade to the highest point on the structure directly above; provided, that a roof shall be measured to the highest point of the roof.(Ord. 93 § 1, 1975, Exhibit A § 25.2-2 (part)) Building line.Aline in the interior of a lot parallel to the property line and located at a distance equal to setback distance. (Ord. 93 § 1, 1975, Exhibit A § 25.2-2 (part)) Building, main.Abuilding or buildings within which is conducted the principal use permitted on the lot, as provided by this title. (Ord. 93 § 1, 1975, Exhibit A § 25.2-2 (part)) Building site.Alegally created parcel or contiguous parcels of land in single ownership, which provides the area and open spaces required by this title, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof. (Ord. 93 § 1, 1975, Exhibit A § 25.2-2 (part)) Building sitecoverage.The percentage of the building site covered by structures, open or enclosed, excluding courts, patios, terraces, swimming pools, and post-supported roofs over walkways. (Ord. 93 § 1, 1975, Exhibit A § 25.2-2 (part)) Building site, through.Abuilding site having frontage on two parallel or approximately parallel streets. (Ord. 93 § 1, 1975, Exhibit A § 25.2-2 (part)) Business.Management, operation, sale, purchase,or other transaction involving the handling or disposition of commodities or services. (Ord. 93 § 1, 1975, Exhibit A § 25.2-2 (part)) Business sign. A sign displaying information pertaining to goods or services offered or produced by the business located on the property, but not including advertising devices or advertising displays. Business support services.Establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services includebut are not limited to: A.Equipment repair services (except vehicle repair; see Vehicle services) B.Commercial art and design (production) Chapter 25.99 Definitions99-4|Page C.Computer-related services (rental, repair) D.Copying, quick printing, and blueprinting services (other than those defined as Printing and publishing) E.Equipment rental businesses within buildings (rental yards are storage yards) F.Film processing laboratories G.Heavy equipment repair services where repair occurs on the client site H.Janitorial services I.Mail advertising services (reproduction and shipping) J.Mailbox services K.Outdoor advertising services L.Photocopying and photofinishing Cabinet sign.A sign that has one or more plastic, acrylic, or similar material faces (panels) attached to a metal frame (cabinet). These signs may or may not be internally illuminated. Caretaker housing.Aresidence that is accessory to a site with a nonresidential primary use and that is needed for security, 24-hour care,or supervision, or monitoring of facilities, equipment, or other conditions on the site. Carport.Aroofed structure, or a portion of a building, enclosed on two or more sides, primarily for the parking of automobiles belonging to the occupants of the property. (Ord. 93 § 1, 1975, Exhibit A § 25.2-3 (part)) Cemetery.Land used for the burial of the dead and dedicated for cemetery purposes, including crematories, columbariums, and mausoleums. Also see Mortuary. Certificate of occupancy. Arequired document issued by the building and safety division prior to the occupation or use of vacant land or prior to occupation or use of buildings erected or structurally altered. (Ord. 93 § 1, 1975, Exhibit A § 25.2-3 (part)) Club, private.An association of persons for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business. (Ord. 93 § 1, 1975, Exhibit A § 25.2-3 (part)) Cluster development.An arrangement of dwelling units, attached or detached,which provides a number of dwelling units sufficient to meet density requirements, constructed on smaller lots in return for the restriction or dedication of the remaining acreage as permanent open space. (Ord. 93 § 1, 1975, Exhibit A § 25.2-3 (part)) Commercial.Operated or carried on primarily for financial gain. Commercial complexmeans two or more businesses shown on a common development plan, plot plan, or precise plan of design functioning as aunit, with common off-street parking provided on the property as an integral part of the unit. (Ord. 272 (part), 1981; Ord. 93 § 1, 1975, Exhibit A § 25.2-3 (part)) 99-5|PageChapter 25.99 Definitions Commercial communication tower.Atower greater than 35feet in height (including antenna) which supports commercial communication (transmission or receiving) equipment. The term commercial communication tower shall not include amateur radio operators’ equipment, as licensed by the Federal Communications Commission (FCC) or home satellite/television antennas. (Ord. 817 § 1, 1996) Commercial mascot.Humans or animals used as advertising devices, typically by the holding or wearing of insignia, masks, or costumes associated with or advertising the commercial establishment. Includes sign twirlers, sign clowns, etc. Commission or planning commission.The city planning commission. (Ord. 93 § 1, 1975, Exhibit A § 25.2-3 (part)) Community collector.Amedium-speed highway abutting similar land uses. The primary function is to collect and distribute trips within a hierarchy of roads and, secondarily, to carry short trips between adjacent neighborhoods. A community collector has emergency parking only and has a significant amount of parallel and perpendicular pedestrian traffic. (Ord. 93 § 1, 1975, ExhibitA § 25.2-3 (part)) Community facility.Anoncommercial use established primarily for the benefit and service of the population of the community in which it is located. (Ord. 93 § 1, 1975, Exhibit A § 25.2-3 (part)) Conditional use.Ause which requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes of type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon publicfacilities. (Ord. 93 § 1, 1975, Exhibit A § 25.2-3 (part)) Condominium.Astate of realty consisting of separate interests in residential buildings together with undivided interests common in other portionsof the same property unit as a separate interest, and common areas are entire condominium except units granted; thus, owners of condominiums are grantees of units. Each grantee owns aseparate interest in his or her unit and an interest as granted in common in common areas.Condominiummeans condominium projects, community apartment projects, and stock cooperatives, as defined in Section 1351 of the California Civil Code.(Ord. 93 § 1, 1975, Exhibit A § 25.2-3 (part)) Condominium conversion project. A project for which a valid map and conditional use permit application have been submitted to the City after the adoption of the ordinance codified in this chapter to divide one or more parcels of real property into condominiums/condominium hotels and the creation of separate ownership of the units therein with a separate interest in the space within all structures thereon. This shall not apply to those conversion projects for which a valid map was approved by the City prior to adoption of said ordinance. Condominium hotelor “condotel.”Any condominium hotel that is intended for transient use and is subject to Chapter 3.28, Transient Occupancy Tax. A condominium hotel is a commercial use and can only be located within a commercial zone or multifamily residential zone with approval of a conditional use permit. A condominium hotel is not considered a residential property and may not be used as a permanent place of residence. Chapter 25.99 Definitions99-6|Page Construction sign.A temporary sign stating the names of those individuals or firms directly connected with the construction or development project, their addresses and their telephone numbers. Convalescent home,nursing home,rest home,and home for the aged.Each is a facility licensed by the state Department of Public Health, the state Department of Social Welfare, or the county, which provides bed and ambulatory care for patients with post-operative convalescent, chronically ill,or dietary problems, and persons unable to care for themselves; but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions. (Ord. 93 § 1, 1975, Exhibit A § 25.2-3 (part)) Convention and visitors bureau.An establishment primarily engaged in marketing and promoting communities and facilities to businesses and leisure travelers through a range of activities, such as assisting organizations in locating meeting and convention sites; providing travel information on area attractions, lodging accommodations, restaurants; providing maps; and organizing group tours of local historical, recreational, and cultural attractions. Conventional development.Adevelopment, other than a condominium, apartment, or cluster development, with each dwelling unit situated on a residential lot of record and no lot containing more than one dwelling unit. (Ord. 93 § 1, 1975, Exhibit A § 25.2-3 (part)) Country club.Aclub organized and operated primarily for social and outdoor recreation purposes, including incidental accessory uses and structures. (Ord. 93 § 1, 1975, Exhibit A § 25.2-3 (part)) Crematory.Land used for the cremation of the dead. Crops and horticulture, limited.Raising and harvesting of plants, tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processingas part of an established residential use. Includes horticulture establishments engaged in the cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail sales. This classification includes accessory agricultural buildings accessory to such uses and roadside stands for display/saleof agricultural products grown on the premises. Excludes uses for which other garden, nursery, or landscape merchandise arestored and sold on the site. Day care facilities.Facilities that provide care and supervision of minor childrenfor periods of less than 24 hours. These facilities include the following, all of whichare required to be licensed by the state Department of Social Services: A.Day care center. A commercial or nonprofit child or adult day carefacility not operated as a small or large family day care home. Includes infant centers,preschools, extended day care facilities, and facilities for adults who require supervisionand care because of advanced age, mental or physical deterioration, dementia,Alzheimer's disease, or similar disabling condition. These may be operated as part of abusiness, school, or religious facility, or as an independent land use. B.Day care, large family. A day care facility located in a single-family residencewhere an occupant of the residence provides care and supervision for 9 to 14 children.Children under the age of 10 years who reside in the home count as children served by theday care facility. 99-7|PageChapter 25.99 Definitions C.Day care, small family. A day care facility located in a single-family residencewhere an occupant of the residence provides care and supervision for eightor fewer children. Children under the age of 10 years who reside in the home count as children served by theday care facility. Density, gross.The total number of dwelling units permitted on an acre of land exclusive of all existing public streets and right-of-way, but including all streets or right-of-way to be developed. (Ord. 93 § 1, 1975, Exhibit A § 25.2-4 (part)) Density, net.The same as density except proposed streets and rights-of-way shall be excluded. (Ord. 93 § 1, 1975, Exhibit A § 25.2-4 (part)) Disabled person.Persons as defined in United States Code, Title 42, Section 423 and shall also include handicapped persons, as defined in the California Health and Safety Code Section 50072. Driveway.Avehicular passageway for the exclusive use of the occupants of a property and their guests. A driveway shall not be considered as a street. (Ord. 93 § 1, 1975, Exhibit A § 25.2-4 (part))Drugstore. An establishment engaged in the retail sale of prescriptiondrugs, nonprescription medicines, cosmetics,and related supplies, including tobacco stores. Dwelling, duplex.An attached permanent building containing two dwelling units. (Ord. 93 § 1, 1975, Exhibit A § 25.2-4 (part)) Dwelling group.One or more buildings, not more than two stories in height, containing dwelling units and arranged around two or three sides of a court which opens onto a street, including single-family, duplex, and multiple-family dwellings. (Ord. 93 § 1, 1975, Exhibit A § 25.2-4 (part)) Figure 25.99-2 Example of a Dwelling Group Chapter 25.99 Definitions99-8|Page Dwelling, guest.Living quarters within an accessory building which occupies not more than one-tenth of the area of the lot on which it is situated, for use exclusively by temporary, nonpaying guests of the resident family, such quarters having no kitchen. (Ord. 93 § 1, 1975, Exhibit A § 25.2-4 (part)) Figure 25.99-3 Guest Dwelling Dwelling, multiple-family.Apermanent building containing three or more dwelling units. (Ord. 93 § 1, 1975, Exhibit A § 25.2-4 (part)) Figure 25.99-4Multi-family Dwelling 99-9|PageChapter 25.99 Definitions Dwelling, second unit.Adwelling unit, attached or detached, that provides complete independent living facilities for one or more persons on a parcel zoned for residential uses. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. Dwelling, single-family.Apermanent building containing one dwelling unit. (Ord. 93 § 1, 1975, Exhibit A § 25.2-4 (part)) Figure 25.99-5Single Family Dwelling Dwelling unit.One or more rooms and a single kitchen, designed for occupancy by one family for living and sleeping purposes. (Ord. 93 § 1, 1975, Exhibit A § 25.2-4 (part)) Easement.Arecorded right or interest in the land of another, which entitles the holder thereof to some use, privilege,or benefit out of or over the land. (Ord. 93 § 1, 1975, Exhibit A § 25.2-5 (part)) Electric substation.Amoderate-to large-scale facility serving a subarea, entire city, or region, including power substations, water transmission lines, wireless base stations, sewer collectors and pump stations, switching stations, gas transmissionlines, water storage tanks and reservoirs, and similar structures. Chapter 25.99 Definitions99-10|Page Eligible tenant.Atenant who has had a valid lease or rental agreement in a unit that is proposed to be converted in connection with a condominium conversion project or for a minimum of36 months prior to the first tenant notification prior to filing the application for a condominium conversion project pursuant to Section 66427.1(b) of the Subdivision Map Act. In the event that occupancy of the unit was first permitted more recently than36 months prior to the first tenant notification, then eligible tenantmeans a tenant who has had a valid lease or rental agreement since a date within 30 days of the date on which occupancy was first permitted. Emergency shelter.Afacility that provides immediate short-term housing and supplemental services for the homeless. Supplemental services may include food, counseling, and access to other programs. Externally lighted sign.Asign whose immediate source of illumination is not enclosed by the surface of the sign structure. Face or wall of a building.The outer surface of any main exterior wall or foundation of a building, including windows and store fronts. Family.Any group of individuals living together as the functional equivalent of a family where the residents may share living expenses, chores, eat meals together and are a close group with social, economic and psychological commitments to each other. A family includes, for example, the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries or nunneries. Farmworker housing.Aproperty which consists of a tract of land and all vehicles,mobile homes, buildings or other structures pertaining thereto, any part of which may be used or occupied by persons employed as migrant farmworkers including sleeping facilities, provided in whole or in part by the employer of such persons, owner, lessee, or operator thereof, with or without stipulated agreement as to the duration of their stay, whether or not they are supplied with meals but who are supplied with such utility services as are necessary for their habitation of such property. Fence.Afreestanding structure of metal, masonry, composition,or wood or any combination thereof resting on or partially buried in the ground level, and used for confinement, privacy, protection, screening or partition purposes. (Ord. 93 § 1, 1975, Exhibit A § 25.2-6(part)) Financial institution.An establishment such as a bank or trust company, credit agency, holding (but not primarily operating) company, lending and thrift institution, or investment company. Also includes automated teller machines (ATM). Fire station.Abuilding housing firefighting apparatus and firefighters. Floor area, gross.The total horizontal area, in square feet, including the exterior walls of all floors of a structure. (Ord. 93 § 1, 1975, Exhibit A § 25.2-6 (part)) Floor area ratio.Thenumerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or parcel of land by the total area of such lot or parcel of land. (Ord. 93 § 1, 1975, Exhibit A § 25.2-6 (part)) 99-11|PageChapter 25.99 Definitions Figure 25.99-6 Floor Area Ratio Freestanding sign.Asign supported by upright pedestals or braces placed upon or into the ground and detached from any building. Freeway.Ahigh-speed divided arterial highway for through traffic with full control access and grade separations at major intersections. A freeway has emergency parking only and no parallel and perpendicular pedestrian movements. (Ord. 93 § 1, 1975, Exhibit A § 25.2-6 (part)) Freeway signage.Any building sign that is visible and has frontage along the Interstate 10. Garage,private.Abuilding, or a portion of a building, enclosed and used primarily for the parking of automobiles belonging to the occupants of the property. (Ord. 93 § 1, 1975, Exhibit A § 25.2-7 (part)) Garage,public.Abuilding other than a private garage used for the maintenance or temporary storage of motor vehicles. (Ord. 93 § 1, 1975, Exhibit A § 25.2-7 (part)) Garden, private.Apredominately landscaped area adjacent to and accessible from a residential unit for the sole use of the occupants of the residential unit. General plan,the Palm Desert general plan.The general plan of the city. (Ord. 93 § 1, 1975, Exhibit A § 25.2-7 (part)) Grade, ground elevation.The average elevation of the finished ground surface surrounding a building. (Ord. 93 § 1, 1975, Exhibit A § 25.2-7 (part)) Grazing.The act of pasturing livestock on growing grass or other growing herbage, or on dead grass or other dead herbage existing in the place where grown, as the principal sustenance of the livestock so grazed. (Ord. 93 § 1, 1975, Exhibit A § 25.2-7 (part)) Chapter 25.99 Definitions99-12|Page Greenhouse, commercial.Afacility for the indoor propagation of plants for commercial sale. Greenhouse, private.Aprivate facility for the indoor propagation of plants. Grocery store.Aself-serve retail market selling foods and household merchandise. (Ord. 636 § 2 (Exhibit A § 1), 1991) Gross area.The horizontal area within the lot lines of a lot or parcel of land, before public streets, easements, or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. (Ord. 93 § 1, 1975, Exhibit A § 25.2-7 (part)) Group home.Any facility used to provide nonmedical residential care, day treatment, adult day care, or foster family agency services. Typically used to assist abused or neglected children, people who are physically disabled,or the mentally impaired. Habitable room.Any room for sleeping or living purposes excluding such enclosed places as closets, bath,or toilet rooms, connecting corridors, unfinished attics, foyers, storage spaces, utility rooms, spaces used exclusively for cooking or eating, and similar spaces.(Ord. 93 § 1, 1975, Exhibit A § 25.2-8 (part)) Health club.Fitness centers, gymnasiums, health,and athletic clubs including indoor sauna, spa, or hot tub facilities; andindoor tennis, handball, racquetball, and other indoor sports activities. Height ofa sign.The greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign. Helicopter.Aform of aircraft in the broad category of rotorcraft which depends for its support and motion in the air principally on lift generated by one or more power-driven rotors that rotate on a substantially vertical axis, or any steep gradient aircraft. Heliport.An area of land or water or a structural surface which is used, or intended for use, for the landing and take-off of helicopters whether on a regular or irregular basis, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities. Helistop. An area on a roof of a building or other structure, or on the ground, used by helicopters or steep gradient aircraft for the purpose of picking up or discharging passengers or cargo. Hillsideareas.Those areas of land which are so designated in Chapter 25.78.020 (Hillside Development Plan). Hillside ridge, A ridgeline that is formed by the juncture of two or more sloping planes that project outward from a mountain range and descend towards the valleyfloor more particularly identified on the exhibit labeled Hillside Planned Residential Zone Ridges, on file in the office of the city clerk. (Ord. 1136 Exhibit B, 2007) Home-based business.An occupation conducted as an accessory use within a dwelling unit. (Ord. 856 § 2 (Exhibit A § 1), 1997; Ord. 93 § 1, 1975, Exhibit A § 25.2-8 (part)) 99-13|PageChapter 25.99 Definitions Horticulture, private.Theprivate cultivationof ornamental plants, native plants, fruits, vegetables, and flowers in gardens and landscapes.This use typedoes not include retail sales on premises. Hotel.Any building or portion thereof with access provided through a common entrance, lobby, or hallway to six or more guestrooms, and which rooms are designed, intended to be used or are used, rented,or hired out as temporary or overnight accommodations for guests. (Ord. 93 § 1, 1975, Exhibit A § 25.2-8 (part)) Identificationsign.Asign limited to the identifying name, symbol,or insignia, or any combination thereof, of a building, use, or persons occupying the premises on which the sign is located. Improvements.Any manmade actions which add to the value or enhance the value of land, e.g.,streets, utilities, and buildings. (Ord. 93 § 1, 1975, Exhibit A § 25.2-9 (part)) Industry.The manufacture, fabrication,processing, reduction,or destruction of any article, substance,or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and includes storage elevators, truck storage yards, warehouses, wholesale storage,and other similar types of enterprise. (Ord. 93 § 1, 1975, Exhibit A § 25.2-9 (part)) Institution, educational.Private or public schools, colleges or universities qualified by the state Board of Education to give general academic instruction.(Ord. 93 § 1, 1975, Exhibit A § 25.2-5 (part)) Institution, general.Publicly or privately owned and operated activities, nonprofit organizations,or philanthropic activities thatcannot be considered residential, commercial, or industrial uses. Institution, religion.Achurch or other religious organization. Intensity.The magnitude of activity affecting the development of densities, traffic flow, commercialism, tourism,and land use. (Ord. 93 § 1, 1975, Exhibit A § 25.2-9 (part)) Internally lighted sign.Asign with an immediate source of illumination that is completely enclosed by the surface of the sign structure. Junk.Any worn-out, cast-off, or discarded article or material. (Ord. 93 § 1, 1975, Exhibit A § 25.2-10 (part)) Junk and salvage yard.Any property used for the breaking up, dismantling, sorting, storage, distribution, or sale of any scrap, waste material, or junk. (Ord. 93 § 1, 1975, Exhibit A § 25.2-10 (part)) Kennel.Any lot where four or more dogs or catsover the age of four months are kept or maintained. (Ord. 93 § 1, 1975, Exhibit A § 25.2-11 (part)) Kitchen.Any room in a building or dwelling unit which is used for cooking and preparation of food. (Ord. 93 § 1, 1975, Exhibit A § 25.2-11 (part)) Chapter 25.99 Definitions99-14|Page Landscaping.The planting of suitable plant materials or a combination of plant materials with minimum areas of paving, gravel, or otherwise dust-free materials including an adequate irrigation system. (Ord. 93 § 1, 1975, Exhibit A § 25.2-12 (part)) Laundry.Abuilding where clothing and fabrics are washed, other than a launderette,and is defined in this title as an industrial use. (Ord. 93 § 1, 1975, Exhibit A § 25.2-12 (part)) Library.Aplace in which literary, musical, artistic, or reference materials (as books, manuscripts, recordings, or films) are kept for use but not for sale. Light industrial and research and development.Alaboratory facilitythat is primarily used for nonoffice scientific research. This use can include the design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. This use does not involve the fabrication, mass manufacture, or processing of the products. Line of sight.Avisual path emanatingfrom an average eye level adjudged to be five feet above the ground level. (Ord. 93 § 1, 1975, Exhibit A § 25.2-12 (part)) Liquor, beverage and food items shop.A retail establishment that sells a variety of alcoholic and nonalcoholic beverages and food items. Liquor store.Aretail establishment that primarily sells a variety of alcoholic beverages for off- premise consumption. Livestock raising, noncommercial.The raising andkeeping of livestock, poultry, or insects for any noncommercial purposes. Loading space.An off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of a group of commercial vehicles, while loading or unloading, and which has access from a street, alley, or other permanent means of ingress or egress. (Ord. 93 § 1, 1975, Exhibit A § 25.2-12 (part)) Local street.A low-speed, low-volume highway primarily for access to residential, business, and other abutting property. A local street has parking and a significant amount of parallel and perpendicular pedestrian traffic. (Ord. 93 § 1, 1975, Exhibit A § 25.2-12 (part)) Lot.Any numbered or lettered parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of land, or a parcel map. (Ord. 93 § 1, 1975, Exhibit A § 25.2-12 (part)) 99-15|PageChapter 25.99 Definitions Figure 25.99-7Standard Lot Configuration Lot,corner.Alot located at the intersection or interception of two or more streets at an angle of not more than 135degrees, which lot shall be considered a corner lot. If greater than one 135 degrees, the lot shall be considered an exterior lot. (Ord. 93 § 1, 1975, Exhibit A § 25.12 (part)) Lot depth.The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. (Ord. 93 § 1, 1975, Exhibit A § 25.2-12 (part)) Lot,flag.Alot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip notless than 20feet in width at any point connecting the main building site area to the frontage street. (Ord. 93 § 1, 1975, Exhibit A § 25.2-12 (part)) Lot,interior.Alot other than a corner or reverse corner lot. (Ord. 93 § 1, 1975, Exhibit A § 25.2-12 (part)) Lot, key.The first lot to the rear of a reverse corner lot and not separated by an alley. (Ord. 93 § 1, 1975, Exhibit A § 25.2-12 (part)) Chapter 25.99 Definitions99-16|Page Figure 25.99-8Lot Types Lot line.Any line bounding a lot. Property linemeans the same as lot line.(Ord. 93 § 1, 1975, Exhibit A § 25.2-12 (part)) Lot line, front.On an interior lot, the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot or a lot with three or more sides abutting a street or a corner or reverse corner lot with lot lines of equal length, the zoning administratorshall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this title. On a private street or easement, the front lot line shall be designed as the edge of the easement. (Ord. 93 § 1,1975, Exhibit A § 25.2-12 (part)) Lot line, interior.Alot line not abutting a street. (Ord. 93 § 1, 1975: Exterior A § 25.2-12 (part)) Lot line, rear.Alot line not abutting a street which is opposite and most distant from the front lot line; in the case of an irregularly shaped lot, a line within the lot, having a length of not less than 10feet. A lot which is bounded on all sides by streets may have no rear lot lines. (Ord. 93 § 1, 1975, Exhibit A § 25.2-12 (part)) Lot line, side.Any lot line not a front lot line or rear lot line. (Ord. 93 § 1, 1975, Exhibit A § 25.2- 12 (part)) 99-17|PageChapter 25.99 Definitions Lot, reverse corner.Acorner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not. (Ord. 93 § 1, 1975, Exhibit A § 25.2-12 (part)) Lot, through.Alot having frontage on two dedicated parallel or approximately parallel streets. (Ord. 93 § 1, 1975, Exhibit A § 25.2-12 (part)) Lot width.The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. (Ord. 93 § 1, 1975, Exhibit A § 25.2-12 (part)) Low income.Income does not exceed 80 percent of the then-current area median household income of the County of Riverside adjusted for family size by the state Department of Housing and Community Development in accordance with adjustment factors adopted and amended from time to time by the US Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. Maintenance facility.Afacilityused for providing maintenance and repairservices for vehicles andoperational equipment. Maintenance yard.An area of land devoted to maintenance and repair services for vehicles andoperational equipment.Outdoor storage and repair activities may have noise and visual impacts on the surrounding areas. Manufactured home park.Any area or tract of land where one or more manufactured home lots are sold, rented, or leased or held out for rent or lease to accommodate manufactured homes used for human habitation, and includes mobile home accommodation structures. The rental paid for any such manufactured home is deemed to include rental for the lot it occupies. (Ord. 93 § 1, 1975, Exhibit A § 25.2-13 (part)) Manufactured housing.Astructure that meets the following criteria: 1.Transportable in one or more sections. 2.When in the traveling mode, is 8body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet. 3.Built on a permanent chassis. 4.Designed to be used as a residential dwelling. 5.Erected with or without a permanent foundation when connected to the required utilities. 6.Includes the plumbing, heating, air conditioning, and electrical systems contained therein. This term shall include any structure which meets all the requirements of this definition except the size requirements so long as the manufacturer voluntarily files a certification and complies with the standards established under this definition.Manufactured homeincludes a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 USC Section 5401 et seq.). See also mobile home. Chapter 25.99 Definitions99-18|Page Marquee.Aroofed structure or awning or canopy attached to and supported by the building and extended over a building line and into public property. (Ord. 93 § 1, 1975, Exhibit A § 25.2-13 (part)) Figure 25.99-9Marquee Master plan of arterial highways.The master plan of the city designating adopted and proposed routes for all arterial highways within the city. (Ord. 93 § 1, 1975, Exhibit A § 25.2-13 (part)) Master plan of drainage.An engineering report outlining the drainage facilities needed for the proper development of a specific increment of the city, and duly adopted by the city council. (Ord. 93 § 1, 1975, Exhibit A § 25.2-13 (part)) Mechanical or electronic game.Any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying thereforeeither in advance of or after use, involving in its use either skill or chance, including but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffle board machine, marble game machine, horseracing machine, baseball game machine, football game machine, electronic video game, or any other similar machine or device. (Ord. 293, 1982) Medical, clinic.An organization of doctors providing physical or mental health service and medical or surgical care of the sick or injured but does not include inpatient or overnight accommodations. May also include laboratories that are ancillary to the primary use. (Ord. 93 § 1, 1975, Exhibit A § 25.2-3 (part)) 99-19|PageChapter 25.99 Definitions Medical,hospital.Hospitals and similar facilities engaged primarily in providing diagnostic services and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete healthcare. May include on-site accessory clinics and laboratories, accessory retail uses, and emergency heliports. Medical, laboratory.An establishmentprimarily engaged in providing professional analytic or diagnostic services to the medical profession, or to the patienton direction of a physician; or an establishment primarily engaged in making dentures, artificial teeth, and orthodontic appliances toorder for the dental profession. Medical marijuana dispensary, as set forth in the Compassionate Use Act, or dispensary. Any facility or location where medical marijuana is publicly made available to and/or distributed by or to one or more of the following: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq. Medical, offices.Ahealth facility in an office environment providing health servicesincluding without limitation preventative and rehabilitation treatment, diagnostic services, testing and analysis. This use includes offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic,and psychiatric services, and medical or dental laboratories incidental to these offices, but excludinginpatient services and overnight accommodation. Medical, research facility.Alaboratory facility that is primarily used for medical scientific research. Mobile home.Astructure designed and equipped for human habitation, and for being drawn by a motor vehicle, to be used with or without a foundation system. Mobile homedoes not include a recreational vehicle, commercial coach, or factory-built housing. (Ord. 263 § 1, 1981; Ord. 93 § 1, 1975, Exhibit A § 25.2-13 (part)) Moderate income.Income does not exceed 120 percent of the then-current median household income of the County of Riverside adjusted for family size by the State Department of Housing and Community Development in accordance with adjustment factors adopted and amended from time to time by the US Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. Mortuary.Facilities providing funeral preparation and funeral services including embalming, memorial services, and cremation. Motel.Shall be referred to in this title as hotel, inn, motor inn, or lodge and means a building or group of buildings containing guestrooms or dwelling units designed, intended, or used primarily for the accommodation of transient automobile travelers; including but not limited to buildings or building groups designated as auto cabins, motor courts, or motor hotels. (Ord. 93 § 1, 1975, Exhibit A § 25.2-13 (part)) Motor vehicle.Aself-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway, excepting a device moved by human power or a device used exclusively upon stationary rails or tracks. (Ord. 93 § 1, 1975, Exhibit A § 25.2-13 (part)) Chapter 25.99 Definitions99-20|Page Nameplate.Asign not exceeding 1foot by 3feet signifying only the name of the occupant and his or her occupation or specialty. Net area.The total horizontal area within the property lines of a lot or parcel of land exclusive of all rights-of-wayand all easements that physically prohibit the surface use of a portion of the property. (Ord. 93 § 1, 1975, Exhibit A § 25.2-14 (part)) Nightclub.Aplace of business open after 10 p.m. which provides for the on-site consumption of food or alcoholic beverages with entertainment which includes, but is not limited to, music, dancing, comedy,and karaoke. (Ord. 933 Exhibit A § 2, 2000; Ord. 922 § 2(B), 1999) Noncommercial.An enterprise or activity which is not normally conducted for profit or gain. (Ord. 93§ 1, 1975, Exhibit A § 25.2-14 (part)) Nonconforming structure.Alawfully established building or structure that does not conform to the regulations of this title or is designed for a use that does not conform to the regulations of this title for the district in which it is located, either on December 11, 1975, or as the result of subsequent amendments to this title. (Ord. 93 § 1, 1975, Exhibit A § 25.2-14 (part)) Nonconforming use.The lawfully established use of a building, structure, or land that does not conform to the use regulations of this title for the district in which it is located, either on December 11, 1975, or as the result of subsequent amendments to this title. (Ord. 93 § 1, 1975, Exhibit A § 25.2-14 (part)) Nursery.An establishment providing for the cultivation and sale of ornamental trees, shrubs, and plants, including the sale of garden and landscape materials (packaged and/or bulk sale of unpackaged materials) and equipment. Office, accessory.An office that is incidental and accessory to another business or sales activity which is the primary use (part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50percentof the total net habitable or leasable floor area of the tenant space for a single-use development or the combined floor area of an integrated development for a mixed- use project. Office, local government.An administrative, clerical, or public contact office of agovernment agency, including postal facilities, together with the incidental storage and maintenance of vehicles. Office, professional.Offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, employment, public relations), and offices engaged in the production of intellectual property (e.g., advertising, architectural, computer programming, photography studios). This use does not include medical offices (see Medical, offices),financial institutions(see Financial institution), temporary offices, or offices that are incidental and accessory to another business or sales activity that is the primary use (see Office, accessory). Outdoor storage of materials is prohibited. 99-21|PageChapter 25.99 Definitions Office, travel agency. A business that accommodates travelers, as by securing tickets, arranging for reservations and giving information. Open space, developed. Open space substantially free of structures but possibly containing improvements which are part of a development plan or are appropriate for the residents of any residential development. (Ord. 93 § 1, 1975, Exhibit A § 25.2-15 (part)) Open space, natural.Any parcel of land or water which is essentially unimproved and devoted to an open space use. (Ord. 93 § 1, 1975, Exhibit A § 25.2-15 (part)) Orchard.An areaoflanddevotedtothecultivationoffruitornuttrees. Organizational documents.The declaration of restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management, or operation of all or any part of a condominium conversion project. Outdoor advertising structure or sign.Asign placed for the purpose of advertising products or services that are not produced, stored, or sold on the property upon which the sign is located. Outdoor sales.Permanent outdoor sales and rental establishments including equipment and other uses where the business isnot conducted entirely within a structure. Parcel.The same definition as lot. (Ord. 93 § 1, 1975, Exhibit A § 25.2-16 (part)) Parking lot, commercial.Adesignated outdoor area used for parking motor vehicles that serves commercial establishments. Parking lot, office.Adesignated outdoor area used for parking motor vehicles that serves office developments. Parking stall.The space within a building or a private or public parking area, exclusive of driveways, ramps, columns, office,and working areas, for the parking of one automobile, not less than 20feet in length and not less than 9feet in width. (Ord. 93 § 1, 1975, Exhibit A § 25.2- 16 (part)) Park, public.Parks, play lots, playgrounds, and nonprofessional/noncommercial athletic fields, including park and playground equipment, accessory structures, and facilities. Parkway.A relatively low-speed arterial highway abutting and distributing trips to a variety of land uses. This facility primarily serves short-range trips. A parkway has emergency parking only and will have considerable parallel and perpendicular pedestrian movement. (Ord. 93 § 1, 1975, Exhibit A § 25.2-16 (part)) Pathway.An access way to accommodate pedestrians, bicycles, and electric carts. (Ord. 93 § 1, 1975, Exhibit A § 25.2-16 (part)) Pedestrian-way.Aright-of-way for pedestrians, free from vehicular traffic and including access ramps, stairs, and mechanical lifts and routes through buildings which are available for public use. (Ord. 93 § 1, 1975, Exhibit A § 25.2-16 (part)) Chapter 25.99 Definitions99-22|Page Personal services.Establishments providing nonmedical services as a primary use, including but not limited to barber and beauty shops, clothing rental, dry cleaning pick-up stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided, spas and hot tubs for rent, and tanning salons. Pest control facility.Abusinessestablishment specializingin the elimination of vermin, insects, etc., from a building, especially by the controlledapplication oftoxicchemicals. Planned development.Adevelopment of parcels of land as a coordinated project which has been developed accordingto an approved development plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Planned developments may be residential, commercial, orindustrial in nature or a combination of any two or more. (Ord. 93 § 1, 1975, Exhibit A § 25.2-16 (part)) Planned street line.The planned right-of-way for a major or secondary highway or traffic collector street. A yard abutting such a highway or street shall be measured from this planned right-of-way line. (Ord. 93 § 1, 1975, Exhibit A § 25.2-16 (part)) Planned unit development, industrial.Adevelopment of industrial parcels of land as a coordinated project which has been developed according to an approved development plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Planned unit development, residential.Adevelopment of residential parcels of land as a coordinated project which has been developed according to an approved development plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Political sign.Any sign concerning candidates for political office or involving a ballot issue. Pool.Any structure forswimming,bathing, or wading or as a fish pond or similar use. (Ord. 93 § 1, 1975, Exhibit A § 25.2-16 (part)) Price sign.Asign limited to the name or identification of items or products offered for sale on the premises, and the price of the items or products. Private. Belonging to or restricted for the use or enjoyment of particular persons. (Ord. 93 § 1, 1975, Exhibit A § 25.2-16 (part)) Projecting sign.Asign other than a wall sign suspended from or supported by a building or structure and projecting outward therefrom. Public safety area.Astrip of land adequate in width adjacent to and parallel with a street right- of-way. (Ord. 93 § 1, 1975, Exhibit A §25.2-16 (part)) Public service facility.Abroad land use category of governmental and quasi-governmental building or complexes that provide public services, such as municipal buildings, fire stations, police stations, public information centers,and similar facilities. 99-23|PageChapter 25.99 Definitions Public way.Any street, alley, pedestrian way, pathway, channel, viaduct, subway, bridge, easement, right-of-way,or other way in which the public has a right of use. (Ord. 93 § 1, 1975, Exhibit A § 25.2-16 (part)) Real estate sign.Atemporary sign advertising the sale, lease, exchange,or rent of the property upon which it is located, and the identification of the person or firm handling the sale, lease, or rent. Real estate tract sales office.Atemporary use of a building for the sole purpose of selling tract residences within a particular subdivision or series of subdivisions. (Ord. 93 § 1, 1975, Exhibit A § 25.2-18 (part)) Recording studio.Afacility for sound recording and mixing. Recreational vehicle.Atravel trailer, pickup camper, or motorized home, with or without motive power, designed for human habitation for recreational or emergency occupancy. (Ord. 93 § 1, 1975, Exhibit A § 25.2-18 (part)) Recreationfacility, commercial.Any use ordevelopment either public or private, providing amusement, pleasure, or sport, which is operated or carried on primarily for financial gain. (Ord. 93 § 1, 1975, Exhibit A § 25.2-3 (part)) Recreation facility, incidental. Any use ordevelopment either public or privateproviding amusement, pleasure, or sport which is subservient to a primary land use (e.g.,pool as part of an apartment complex).These facilities are generally permitted by right if the facilities are customarily part of the primary use. Recreation facility, private.Any private use or development providing amusement, pleasure, or sport, which is not carried on primarily for financial gain. Recreationfacility, public.Any public development either public or private, providing amusement, pleasure, or sport. Restaurant.Any use providing for the preparation, retail sale,and on-site consumption of food andbeverages. Restaurants includebut are not limited to cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive-through stores, and places of business with similar uses. The term restaurantmay include the licensed sale of alcoholic beverages for consumption on the premises, provided that the sales of food and nonalcoholic beverages equals or exceeds 51percent of gross sales of food and beverages. Businesses where the sales of food and nonalcoholic beverages do not exceed 51percent of gross sales of food and beverages shall be deemed a bar or lounge. (Ord. 933 Exhibit A § 3, 2000; Ord. 922 § 2(C), 1999) Retail.The selling of goods, wares,or merchandise directly to the ultimate consumer. (Ord. 93 § 1, 1975, Exhibit A § 25.2-18 (part)) Retail, bulky items.The selling of large-sized merchandise. Riding and hiking trail.Atrail or way designed for and used by equestrians, pedestrians, and cyclists using nonmotorized bicycles. (Ord. 93 § 1, 1975, Exhibit A § 25.2-18 (part)) Chapter 25.99 Definitions99-24|Page Right-of-way.An area or strip of land, either public or private, on which a right of passage has been recorded. (Ord. 93 § 1, 1975, Exhibit A § 25.2-18 (part)) Roof deck–prohibited.A roof deck is any configuration of the uppermost roof of abuilding,or the main roofof a building, which allows regular access by the building's users, tenants, or visitorsfor any purpose is prohibited. Roof sign.Asign affixed on, above, or over the roof of any building, or any sign affixed to the wall of a building so that it projects above the eave line of a roof. The lowest point of a mansard style roof shall be considered the eave line. Salvage.Any article or material which is to be or intended to be reclaimed or saved from destruction. (Ord. 93 § 1, 1975, Exhibit A § 25.2-19 (part)) Scenic highway.Any highway designated a scenic highway by an agency of the city, county, state,or federal government. (Ord. 93 § 1, 1975, Exhibit A § 25.2-19 (part)) Senior citizen.Any person who is 62 years of age or older. Service.An act, or any result of useful labor, which does not, in itself, produce a tangible commodity. (Ord. 93 § 1, 1975, Exhibit A § 25.2-19 (part)) Setback area.The area between the building line and the property line, or when abutting a street, the ultimate right-of-way line. (Ord. 93 § 1, 1975, Exhibit A § 25.2-19 (part)) Setback distance.The distance between the building line and the property line, or when abutting a street, the ultimate right-of-way line. (Ord. 93 § 1, 1975, Exhibit A § 25.2-19 (part)) Shopping center.An integrated development of retail and service commercial activities on one lot of land sharing common parking facilities and serving a wide spectrum of community shopping needs. (Ord. 93 § 1, 1975, Exhibit A § 25.2-19 (part)) Sidewalk.That portion of a thoroughfare, other than a roadway, set apart by curbs, barriers, markings, or other delineations for pedestrian travel. Sign.Any device used for visual communications or attraction, including any identification announcement, declaration, demonstration, display, illustration, insignia,or symbol used to advertise or promote the interest of any person; together with all parts, materials, frame and background. Sign and advertising devicedo not include the following for purposes of this title: 1.Official notices issued by any court or public body or officer. 2.Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice. 3.Directional, warning, or information signs or structures required by or authorized by law or by federal, state, or county authority. 4.The flag of the state or of the United States or any official flag of any other state or country. (Ord. 93 § 1, 1975, Exhibit A § 25.2-19 (part)) 99-25|PageChapter 25.99 Definitions Sign.Anything of visual appearance primarily used for, or having the effect of, attracting attention from the streets, sidewalks,or other outside public areas for identification purposes. A sign shall not mean displays of merchandise or products for sale on the premises, or signs inside buildings except when less than 5feet behind a window and facing public view, or ornamentation, design, statuary, architecture, landscaping, pictures, paintings, or other art forms unless, in the case of any exceptions listed in this chapter, the item, because of location, size, use, or the naturethereof, has the effect of attracting attention for identification purposes when viewed from an outside public area. The basic intent behind this definition is not to discourage product displays, design,or art forms epitomizing simplicity, good taste, and compatibility with the community’s desired image. Sign face.The surface or that portion of a sign that is visible from a single point as a flat surface or a plane and considered together with the frame and the background. Single-room occupancy(SRO).Aresidential property that includes multiple single room dwelling units. Each unit is for occupancy by a single eligible individual. The unit need not, but may, contain food preparation or sanitary facilities, or both. Spa.Any premises, place of business,or membership club providing facilities devoted especially to health, beauty, and relaxation that deals with the cosmetic, therapeutic, and/or holistic treatments, where people visit for professionally administered personal care treatments. Special category tenants.Those eligible tenants which also qualify as disabled, senior citizen, low-income, or very low-income individuals as defined under California law. Specific plan.Adefinite statement adopted by ordinance of policies, standards, and regulations, together with a map or description defining the location where such policies, standards, and regulations are applicable pursuant to the requirements of the Government Code of the state. (Ord. 93 § 1, 1975, Exhibit A § 25.2-19 (part)) Sports Courts.As described in Section 25.40.070, a sports court is considered awalled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton and other similar outdoor activities. Stable, boarding.The keeping and training of horses which are not owned by the occupant or owner of the property. Boarding of horses includes the giving of private lessons (one trainer/one student), but does not include group lessons, group clinics, shows or similar related activities. Stable,private.Abuilding or a portion of a building used to shelter and feed equines which are used exclusively by the occupants of the property on which the stable is situated. (Ord. 93 § 1, 1975, Exhibit A § 25.2-19 (part)) Story.That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.(Ord. 93 § 1, 1975, Exhibit A § 25.2-19 (part)) Street or highway.Apublic or private vehicular right-of-way other than an alley. (Ord. 93 § 1, 1975, Exhibit A § 25.2-19 (part)) Chapter 25.99 Definitions99-26|Page Street centerline.The centerline of a street right-of-way as established byofficial survey. (Ord. 93 § 1, 1975, Exhibit A § 25.2-19 (part)) Street opening.Acurb break, or a means, place, or way provided for the purpose of gaining vehicular access between a street and abutting property. (Ord. 93 § 1, 1975, Exhibit A § 25.2-19 (part)) Structural alterations.Any change in the supporting members of a building or structure. (Ord. 93 § 1, 1975, Exhibit A § 25.2-19 (part)) Structure.Anything constructed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground except business signs and other improvements of a minor character. (Ord. 93 § 1, 1975, Exhibit A § 25.2-19 (part)) Subdivision Map Act.Those provisions set forth in Government Code Section 66410 et seq., as amended or superceded. Swimming pool.An artificial body of water having a depth in excess of 18inches, designed, constructed,and used for swimming, dipping,or immersion purposes by men, women,or children. (Ord. 93 § 1, 1975, Exhibit A § 25.2-19 (part)) Theater, auditorium.Indoor facilities for public assembly and group entertainment, other than sporting events (e.g., civic theaters, facilities for livetheater and concerts, exhibition and convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events. Time-share project.One wherein a purchaser receives the right in perpetuity, for life, or for a term of years to the recurrent, exclusive use,or occupancy of a lot, parcel, unit, room(s), or segment of real property, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided and includes but is not limited to time-share estate, interval ownership, vacation license, vacation lease, club membership, time-share use, and hotel/condominium. A time-share project is subject to a single conditional use permit for time-sharing purposes and a plan of time-sharing set forth in covenants, conditions, and restrictions encumbering such real property, and all real property which is subject to the single conditional use permit and which shall be subsequently annexed under such plan. Townhouse development.Acluster development consisting of attached two-story dwelling units. (Ord. 93 § 1, 1975, Exhibit A § 24.2-20 (part)) 99-27|PageChapter 25.99 Definitions Figure 25.99-10Townhouse Development Transitional and supportive housing.Ashelter provided to the homeless for an extended period, often as long as 18 months and generally integrated with other social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing. Ultimate right-of-way.The right-of-way shown as ultimate on an adopted precise plan of highway alignment; or the street rights-of-way shown within the boundary of a recorded tract map, a recorded parcel map, or a recorded development plan. The latest adopted or recorded document in the cases mentioned in this section shall take precedence. If none of these exist, the ultimate right-of-way shall be considered the right-of-way required by the highway classification as shown on the master plan of arterial highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way. (Ord. 93 § 1, 1975, Exhibit A § 25.2-21 (part)) Unit.The particular area of land or airspace that is designed, intended, or used for exclusive possession or control of individual owners or occupiers. Use.The purpose for which land or a building is occupied, arranged, designed,or intended, or for which either land or building is or may be occupied or maintained. (Ord. 93 § 1, 1975, Exhibit A § 25.2-21 (part)) Use, accessory.Ause customarily incidental and accessory to the principal use of the land or building site, or to a building or other structure located on the same building site as the principal use. (Ord. 93 § 1, 1975, Exhibit A § 25.2-21 (part)) Use, principal.The main purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained. (Ord. 93 § 1, 1975, Exhibit A § 25.2-21 (part)) Chapter 25.99 Definitions99-28|Page Use, temporary.Ause which is required for the proper function of the community or temporarily required in the process of establishing a permitted use, or construction of a public facility. Such use shall be permitted only after the issuance of a temporary use permit as established by the provisions of this title. (Ord. 93 § 1, 1975, Exhibit A § 25.2-21 (part)) Utility facility. Buildings, substations, equipment,and other operations that serve more than one property and are related to the provisions of public utility services such as electricity, natural gas,and other utilities. This category includes the following: Fixed-base structures and facilities serving as junction points for transferring utilityservices from one transmission voltage to another or to local distribution and servicevoltages. These uses include any of the following facilities that are not exempted fromland use permit requirements by Government Code Section 53091: electrical substationsand switching stations, natural gas regulatingand distribution facilities, public watersystem wells, treatment plants and storage, telephone switching facilities, wastewatertreatment plants, settling ponds, and disposal fields. These uses do not include office orcustomer service centers or equipment and material storageyards. Pipelines for potable water, reclaimed water, natural gas, and sewage collection and disposal, and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television, and other communications transmission facilities utilizing direct physicalconduits. Utility installation.The equipment and utility infrastructure that is required for an individual development. Vacancy rate.The number of vacant apartment dwelling units being offered for rent or lease in the City of Palm Desert shown as a percentage of the total number of apartment dwelling units offered for or under rental or lease agreement in the city. The vacancy rate shall be established by a public or private service that monitors apartment vacancies within the city. Valet parking.Whenever a parking attendant is utilized to park cars in an assigned area that is not available to the general public. (Ord. 335 (part), 1983) Vehicle, commercial.Avehicle which when operated upon a highway is required to be registered as a commercial vehicle by the state Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation or profitor designed, and used primarily for the transportation of property. (Ord. 93 § 1, 1975, Exhibit A § 25.2-22 (part)) Vehicle service andstorage facility.A facility to repair and/or store vehicles. Itincludes the repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. These uses include auto repair shops, body and fender shops, wheel and brake shops, oil change shops, auto glass sales and installation, stereo and alarm sales and installation, and tire sales and installation, but exclude vehicle dismantling or salvage and tire retreading or recapping. In addition, this use includes the storage of operative or inoperative vehicles. These uses include storage of parking towaways, impound yards, and storage lots for buses and recreational vehicles, but do not include vehicle dismantling. 99-29|PageChapter 25.99 Definitions Vehicle sign.Any sign that is attached to or painted on a vehicle or trailer that is parked on or adjacent to any property, the principal purpose of which is to direct people to a business, or attract attention to a product sold or business located on the same property or nearby. On street-legal vehicles, the following signs or insignia are not considered to be vehicle signs, and are not regulated as vehicle signs: 1.Messages on a vehicle where the primary purpose of which is to be used in the regular course of business to transport the personnel or products, or to provide the services (not including general advertising) that are advertised on the vehicle. 2.Commercial messages that do not exceed a total of 3square feet in size. 3.Commercial messages on mass transit vehicles that pass through the city. Vehicular accessway.Aprivate, nonexclusive vehicular easement affording access to abutting properties. (Ord. 93 § 1, 1975, Exhibit A § 25.2-22 (part)) Very low income.Income that does not exceed 50 percent of the then-current area median household income of the County of Riverside adjusted for family size by the state Department of Housing and Community Development in accordance with adjustment factors adopted and amended from time to time by the USDepartment of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937.19.64.020 (Ord. 1140 § 5, 2007). Wall sign.Asign attached to or erected on the exterior wall of the building or structure or on a canopy marquee or similar overhang with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall andnot extending above the eave line. The lowest part of a mansard-style roof shall be considered the eave line. Warehouse or storage facility.Afacility for the storage of farm products, furniture, household goods, or other commercial goods of any nature. Wholesale.Abusiness establishment engaged in selling to retailers or jobbers, rather than consumers. (Ord. 93 § 1, 1975, Exhibit A § 25.2-23 (part)) Window sign.Asign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view that is located within 5feet of the window is considered a window sign for the purpose of calculating the total area of all window signs. (Ord. 1190 § 1, 2009) Wing wall.An architectural feature in excess of 6feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building. (Ord. 93 § 1, 1975, Exhibit A § 25.2-23 (part)) Yard.Any open space on the same lot with a building or dwelling group, which space is between the setback lines and the lot lines of the parcel or the planned street line and is unoccupied and unobstructed except for the projections permitted by this title. (Ord. 93 § 1, 1975, Exhibit A § 25.2-25) Zone.Azoning district, as defined in thestate Conservation and Planning Act, shown on the zoning map to which uniform regulations apply. (Ord. 93 § 1, 1975, Exhibit A § 25.2-26 (part)) Chapter 25.99 Definitions99-30|Page Zoning map.The official zoning map of the city which is a part of this title. (Ord. 93 § 1, 1975, Exhibit A §25.2-26 (part)) Zoning ordinance, this ordinance.The comprehensive zoning ordinance of the city. (Ord. 93 99-31|PageChapter 25.99 Definitions