HomeMy WebLinkAboutRes No 2700PLANNING COMMISSION RESOLUTION NO. 2700
A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE
CITY COUNCIL OF A COMPREHENSIVE ZONING ORDINANCE
AMENDMENT TO CHAPTERS 25.02, 25.04, 25.10, 25.16, 25.22, AND 25.28 OF
THE CITY'S ZONING ORDINANCE AND APPROVAL OF CHANGES TO THE
CITY'S ZONING MAP FOR CONSISTENCY WITH THE ADOPTED GENERAL
PLAN
CASE NO: ZOA 17-105
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
20th day of June 2017, hold a duly noticed public hearing to consider the request by the City of
Palm Desert for approval of the above noted; and
WHEREAS, the changes to the City's Zoning Ordinance and Zoning Map are
consistent with the adopted General Plan which established new land use designation and
proposed development standards for zoning districts within the City; and
WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the
facts and any testimony given adopts the following as its Findings in recommended
approval of the Zoning Ordinance Amendment and Changes to the City's Zoning Map to the
City Council:
SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby
finds that:
A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly
organized under the constitution and laws of the State of California.
B. The Planning and Zoning Law authorizes cities to establish zoning ordinances
and zoning maps to address land use designations and property regulations for
development.
C. The Planning and Zoning Laws require cities to make General Plan and Zoning
standards consistent in order to remove ambiguity and conflicting policies and
that the proposed amendments to the Zoning Ordinance and Zoning Map bring
the documents into conformity with the adopted General Plan.
SECTION 2. Zoning Ordinance Amendment. The Planning Commission of the City
of Palm Desert recommends that the City Council of the City of Palm Desert, California,
approve and adopt the Municipal Code amendments to Section 25.02, 25.04, 25.10, 25.16,
25.22, and 25.28 as shown in Exhibits "A - F" which is attached hereto and incorporated
herewith.
SECTION 3. Zoning Map Amendment. The Planning Commission of the City of
Palm Desert recommends that the City Council of the City of Palm Desert, California
approve and adopt the changes to the City's Zoning Map which updated land use
designations to certain properties to make them consistent with land use designations
PLANNING COMMISSION RESOLUTION NO. 2700
approved in the General Plan which is attached hereto and incorporated herewith as Exhibit
Al.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this resolution or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this ordinance or any
part thereof. The Planning Commission hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof
irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
SECTION 5. California Environmental Quality Act Finding. The Planning
Commission of the City of Palm Desert finds the changes to the Zoning Ordinance and
Zoning Map have been reviewed and considered and it has determined that any
environmental impacts associated with the changes have been sufficiently reviewed by the
Environmental Impact Report prepared as part of the General Plan Update.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 20th day of June 2017 by the following
vote, to wit:
AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: GREGORY
ABSTAIN: NONE
ATTEST:
RYAN STE ELL, SECRETARY
PALM DES -PLANNING COMMISSION
NANC4LUNA, CHAT PERSON
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PLANNING COMMISSION RESOLUTION NO. 2700
Exhibit A
Chapter 25.02 — Introductory Provisions
Sections in This Chapter
25.02.010 Title and Purpose 02-1
25.02.030 Scope, Interpretation, and Application 02-2
25.02.040 Administrative Responsibility 02-3
25.02.050 Rules and Interpretation 02-5
25.02.010 Title and 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.
C. Role of Zoning Ordinance. Chapter 12 "Work Plan" of the General Plan
recommends implementation strategies to accomplish the goals and objectives
found within that document. In order to accomplish said goals and objectives the
orderly development of the City, and the elimination of haphazard land development,
is required. 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 Zoning Ordinance. 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 guiding principles identified
in the General Plan and include the following objectives:
1. Relate proposals for development to the provisions and recommendations of
the City's General Plan and ensure development is consistent with the
guiding principles of the General Plan. To meet the guiding principles
development proposals will be reviewed for their focus on: human -scale
design, liveliness of centers, complete streets, accessibility and connectivity,
and quality of open spaces.
2. Foster a harmonious, convenient, workable and connected 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.
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PLANNING COMMISSION RESOLUTION NO. 2700
4. Provide population densities that support and encourage pedestrian activities
such as walking and bicycling; that are connected to, and in proximity of, civic
and education uses, open spaces, and commercial and employment
opportunities.
5. Foster an environment that ensures pedestrian amenities connect the
community, are designed to accommodate pedestrians and bicyclists, and
that are conveniently located for the highest impact.
6. Forecast and plan for the City's ability to provide community facilities, utilities,
and services.
7. Ensure adequate consideration for urban design in the development process
so that new development enhances the City as it matures.
8. Provide provisions for adequate bicycle parking, off-street parking, shared
parking facilities, and off-street truck loading facilities.
9. Promote preservation of natural environmental features in the development
and use of land within the City.
10. Develop land use regulations that will encourage infill development and
redevelopment of existing sections of the City and provide for innovative
development in undeveloped areas.
25.02.030 Scope, Interpretation, and Application
A. Scope of Regulations. This title is adopted to implement the stated vision and
objectives of 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
massing and height of structures, the architectural quality and appearance of
buildings, uses, structures, connectivity, 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.
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 Law, which provide for the regulation of the
intensity of land uses, 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 of this 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 the new regulations is subject to the
requirements of Chapter 25.62 (Nonconforming Provisions).
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PLANNING COMMISSION RESOLUTION NO. 2700
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 the 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.
25.02.040 Administrative 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 by the Director
""` of Community Development and shall have discretionary review authority over
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PLANNING COMMISSION RESOLUTION NO. 2700
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 is not 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. Architectural Review Commission. The City has established the Architectural
Review Commission to serve as a decision -making and advisory body with the
following land use responsibilities:
1. Hear and decide applications for entitlements as provided in this ordinance,
such as architecture and landscape design review, color changes, sign
permits, and comprehensive sign programs.
2. Hear appeals of the decision of the Zoning Administrator for design review
and signs.
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PLANNING COMMISSION RESOLUTION NO. 2700
3. Hear and make recommendations to the Planning Commission on
applications for precise plans, certain specific plans, certain variances, and
new homes for tentative tract map applications.
E. Planning Commission. Pursuant to California Government Code Section 65101,
the City of Palm Desert has 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
such as use determinations, precise plans, conditional use permits,
condominium conversion permits, tentative parcel and tract maps, 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 ordinance and in California
Government Code Section 65853.
4. Hear and make recommendations to the City Council on applications for
specific plans, 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 all appeals.
2. Hear and decide applications for permits and entitlements as identified in this
ordinance, such as specific plans, 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.
25.02.050 Rules and Interpretation
The Director of Community Development shall have the authority and responsibility to
interpret terms, provisions, and requirements of this code in accordance with the rules listed
below.
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PLANNING COMMISSION RESOLUTION NO. 2700
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. Community Development 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 future tense,
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 are 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 when the 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.
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).
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PLANNING COMMISSION RESOLUTION NO. 2700
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. Zone Boundaries. Where uncertainty exists as to the boundaries of any districts
shown on the official zoning map, the rules established 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.
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PLANNING COMMISSION RESOLUTION NO. 2700
Exhibit B
Chapter 25.04 — Establishment of Zoning Districts
Sections in This Chapter
25.04.010 Purpose 04-1
25.04.020 Zoning Districts 04-1
25.04.030 Zoning Map 04-3
25.04.010 Purpose
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.
25.04.020 Zoning Districts
The City is divided into zoning districts that are generally grouped into six categories: (A)
residential districts, (B) commercial districts, (C) industrial districts, (D) downtown districts,
(E) special districts, and (F) 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 this chapter.
A. Residential Districts. Residential districts provide appropriately located areas for
residential living at a range of population densities consistent with the General Plan.
Development standards are in place to provide 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. Commercial Districts. Commercial districts provide appropriately located areas for
retail stores, offices, service establishments, amusement establishments, and
businesses, offering commodities and services required by residents and visitors of
the City and the surrounding market area. Development standards for specific land
uses are in place to ensure that these areas function appropriately and are
compatible with surrounding land uses.
C. Industrial Districts. The industrial districts allow for the manufacture, distribution,
and service of products intended primarily for local use within Palm Desert, its
sphere of influence, and surrounding communities. Land uses permitted in industrial
districts also include research and development facilities and high -caliber
technological centers. Development standards are included to ensure that industrial
uses do not conflict with the overall character of a community and are compatible
with surrounding uses.
D. Special Districts. Special districts allow for the protection of open space and the
establishment or expansion of public facilities or change in the use of lands owned,
leased, or otherwise controlled by governmental agencies. Certain special districts
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PLANNING COMMISSION RESOLUTION NO. 2700
also allow for the establishment of quasi -public institutional uses, and the reservation
of areas for parks, public or private recreation, open space, and related
governmental public uses.
E. Downtown Districts. The downtown district is intended for the development of high
intensity multi -story (3-5 stories) mixed -use development centered around the
intersection of San Pablo Avenue and Highway 111, inclusive of El Paseo, and
expanding east to west from Deep Canyon Road to Monterey Avenue. Development
standards are included to allow building types that facilitate the creation of a sense
of place, provide for high levels of pedestrian connections and interaction, and
emphasize small block sizes and building form.
F. Overlay Districts. The purpose of the overlay districts is to allow the City to
adequately provide for special environmental constraints and to provide additional
flexibility of development standards for desired development within the City.
Furthermore, overlay districts are 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 the event 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
Symbol
Zoning District NamelDescription
General Plan Land Use Designation
Implemented by Zoning District
Residential Zoning Districts
RE
Estate Residential
Rural Neighborhood
R-1 M
Single-Family/Mobile Home Residential
Conventional Suburban Neighborhood, Small
Town Neighborhood
R-1
Single -Family Residential
Conventional Suburban Neighborhood
R-2
Mixed Residential
Small Town Neighborhood
R-3
Multi -Family Residential
Small Town Neighborhood, Town Center
Neighborhood
HPR
Hillside Planned Residential
Rural Neighborhood
PR
Planned Residential
Town Center Neighborhood, Resort and
Entertainment
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PLANNING COMMISSION RESOLUTION NO. 2700
Symbol
Zoning District NameJ�escription
General Plan' Land Use Designation
Implemented by Zoning District
Commercial Districts
OP
Office Professional District
Employment
PC
PC-1
PC-2
PC-3
PC-4
Planned Commercial Districts
Specialty Commercial Center
District Commercial Center
Regional Center
Resort Center
Varies
Neighborhood Center
Suburban Retail Center
Regional Retail
Resort and Entertainment
Industrial Districts
SI
Service Industrial District
Employment, Industrial
Downtown
D
Downtown
Downtown
DE
Downtown Edge
Downtown
Special Districts
P
Public/Institutional District
Public Facility/Institution
OS
Open Space District
Open Space (OS)
Overlay Districts
DO
Downtown Core Overlay
Downtown
DEO
Downtown Edge Transition Overlay
Downtown
SO
Senior Housing Overlay
Varies
EP
El Paseo Pedestrian Commercial Overlay
Downtown
SP
Scenic Preservation Overlay
Varies
D
Drainageway, Floodplain, Watercourse Overlay
Open Space
N
Natural Features/Restricted Development Overlay
Varies
FCOZ
Freeway Commercial Overlay Zone
Varies —1-10 Intersections
BDAA
Bermuda Dunes Airport Area
Washington Street area — See map on file
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PLANNING COMMISSION RESOLUTION NO. 2700
25.04.030 Zoning Map
The City of Palm Desert Zoning Map (hereafter referred to as the Zoning Map) is the official
designation of zoning district boundaries on real property within the City. The Zoning Map
shall be regulated as set forth below.
A. Incorporated by Reference. The Zoning Map is hereby incorporated into this
zoning code by reference as though it were fully included and as adopted by the City
Council.
B. Map Amendments. Amendments to the Zoning Map shall follow the process
established in Section 25.78.040 (Amendments — Zoning Map).
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 plan and any adopted
specific plans.
D. Zoning District Symbol. Zoning districts shall be illustrated on the Zoning Map as
follows:
1. Each residential, commercial, industrial, downtown, or special zoning 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 shall be designated by their representative symbol along with
any related residential, commercial, industrial, downtown, or special base
zoning district in a format determined by the ZA.
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 by the Zoning Administrator as 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 by the ZA. Each portion of the 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 boundary
and 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
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PLANNING COMMISSION RESOLUTION NO. 2700
district of the adjoining property on either side of the centerline of the vacated
or abandoned street or alley.
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PLANNING COMMISSION RESOLUTION NO. 2700
Exhibit C
Chapter 25.10 — Residential Districts
Sections in This Chapter
25.10.010 Purpose 10-1
25.10.020 Characteristics of the Residential Districts 10-1
25.10.030 Allowed Land Uses and Permits Required 10-2
25.10.040 Specific Use Standards 10-4
25.10.050 Development Standards 10-7
25.10.010 Purpose
The purpose of this chapter is 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 neighborhood land use categories as
indicated in Table 25.04-1 (Zoning Districts).
25.10.020 Characteristics of the Residential Districts
The following descriptions of each residential district identify the characteristic uses,
density, intensity of uses and the types of development intended for that district.
A. Estate Residential District (RE). The district is intended to provide low intensity
and neighborhood development (0.5-1.0 du/ac) and generally is characterized by
limited development on large properties and preservation of natural features and
open space.
B. Single-Family/Mobile Home Residential District (R-1M). This district provides for
the permanent placement and occupancy of single-family dwelling units, factory built
or manufactured dwelling units and mobile homes for residential purposes on
purchased, rented or leased lots. The district is characterized as having moderate
density (4.0-7.0 du/ac) focused around community space and amenities with
walkable streetscapes.
C. Single -Family Residential District (R-1). The intent of this district is to encourage
the preservation and development of traditional residential neighborhoods. The
district provides for low intensity development (2.0-8.0 du/ac) generally characterized
by single-family homes on medium-sized lots organized around formal and walkable
streetscapes.
D. Mixed Residential District (R-2). The intent of this district is to provide moderate
intensity and density (3.0-10.0 du/ac) for neighborhood development.
Neighborhoods are characterized by a variety of housing choices and mixed -uses.
Buildings are organized around formal and walkable streetscapes with high levels of
pedestrian connectivity.
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PLANNING COMMISSION RESOLUTION NO. 2700
E. Multifamily Residential District (R-3). The intent of this district is to provide
suitable areas for moderate to higher intensity and density (7.0-40.0 du/ac) for
residential development and small scale commercial activity. The zoning district is
characterized by higher density residential development and mixed -uses in proximity
to retail and commercial services. Buildings are organized around formal
streetscapes with a variety of plazas and other pedestrian amenities and open
spaces that are highly connected to surrounding development.
F. Hillside Planned Residential District (HPR). The purpose of the hillside planned
residential district is to provide for the lowest intensity (0.2 du/ac) of residential
development by minimizing the grading of hillside areas and to preserve the natural
contours of the land by avoiding extensive cut and fill of slopes that result in a
padding or staircase effect within the development. This district is characterized by
the preservation of natural features and protected viewsheds, architecture and
landscape design that blends with the natural terrain, and informal and natural
streetscapes that follow the topography of the land.
G. Planned Residential District (PR). The purpose of this district is to provide for
flexibility in residential development, by encouraging creative and imaginative
design, and the development of parcels of land as coordinated projects involving a
mixture of residential densities (4.0- 0.0 du/ac), mixed housing types, and community
facilities. The district is characterized as providing for the optimum integration of
urban and natural amenities within developments and is organized around formal,
walkable, and highly connected streetscapes.
25.10.030 Allowed Land Uses and Permit Requirements
Table 25.10-1 "Use Matrix for Residential Districts" below identifies land uses and
corresponding permit requirements for residential districts and all other provisions of this
Title. Descriptions/definitions of the land uses can be found in Chapter 25.99 "Definitions".
The Special Use Provisions column in the table identifies the specific chapter or section
where additional regulations for that use type are located within this Title.
Use regulations in the table are shown with a representative 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 are not permitted.
However, the Commission may make a use determination as outlined in Section 25.72.020
(Use Determinations).
Table 25.10-1: Use Matrix for Residential Districts
Residential Zoning District
(P=Permitted; A=Administrative Use Permit;
L=Large Family Day Care Use Permit;
C=Conditional Use Permit; N=Not Permitted)
RE
R-1
R-2
R-3
R-1 M
HPR
PR
Special Use
Provisions
Residen
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PLANNING COMMISSION RESOLUTION NO. 2700
Residential Zoning District
(P=Pennitted;''A=Administrative Use Permit;
L=Large Family Day Care Use Permit;
C=Conditional Use Permit; N=Not Permitted)
Special Use
Provisions
RE
R-1
R-2
R-3
R-1M
HPR
PR
Assisted Living
N
C
C
C
N
N
C
Condominium
N
N
C
C
N
N
C
Dwelling, duplex
N
N
P
P
N
N
N
Dwelling, multifamily
N
N
P
P
N
N
N
25.10.040.A
Dwelling, second
P
P
P
P
N
P
P
25.34.030
Dwelling, single-family
P
P
P
N
N
P
P
Farmworker housing
N
N
N
N
N
N
N
Group home
P
P
P
N
N
P
N
25.10.040.E
Guest dwelling
P
P
P
N
N
P
P
Home -based business
P
P
P
P
P
P
P
Manufactured home parks
N
N
N
N
C
N
N
Planned unit development, residential
N
N
C
C
N
C
C
25.10.040.0
Transitional and supportive housing
see footnote 1
Agricuiiure-Related Uses
Apiary
P
P
P
N
N
P
P
Botanical conservatory
A
N
N
N
N
N
N
Crops and horticulture, limited
A
N
N
N
N
N
N
Domestic animals
P
P
P
P
P
P
P
Garden, private
P
P
P
P
P
P
P
Greenhouse, commercial
C
N
N
N
N
N
N
Greenhouse, private
P
P
P
A
A
P
P
Horticulture, private
P
P
P
P
P
P
P
Kennel
C
N
N
N
N
N
C
25.10.040.D
Livestock raising, noncommercial
C
N
N
N
N
N
N
Nursery
C
N
N
N
N
N
N
Orchard
A
N
N
N
N
N
N
Stable, boarding
A
N
N
N
N
N
N
25.10.040.E
Stable, private
A
N
N
N
N
N
N
25.10.040.E
Recreation, Resource Preservation, Open Space, and Pub
is Assembly Uses
Cemetery
N
N
N
N
N
N
C
Community facility
N
N
N
N
N
N
C
Club, private
N
N
C
C
N
N
C
Crematory
N
N
N
N
N
N
N
17
PLANNING COMMISSION RESOLUTION NO. 2700
Residential Zoning District
(P--Permitted; A=Administrative
L=Large Family Day
C=Conditional Use Permit;
Use Permit;
Care Use Permit;
N=Not Permitted)
Special Use
Provisions
RE
R-1
R-2
R-3
R-1M
HPR
PR
Day care, large family
L
L
L
L
L
L
L
25.10.040.F
Day care, small family
P
P
P
P
P
P
P
Institution, educational2
C
C
C
C
C
N
C
Institution, general2
N
N
N
C
N
N
C
Institution, religious
C
C
C
C
N
N
C
Public park
P
P
P
P
P
P
P
Recreational use, commercial
N
N
N
N
N
N
C
25.10.040.G
Recreational vehicle park
N
N
N
N
C
N
C
Recreation facility, commercial
N
N
N
N
N
N
N
Recreation facility, incidental
C
C
C
C
C
N
C
25.10.040.H
Recreation facility, private
P
N
N
P
P
N
P
Recreation facility, public
C
C
C
C
C
N
C
Utility, Transportation, Public Facility, and Communication
Uses
Electric substation
N
N
N
N
N
N
N
Fire station
C
C
C
C
N
N
C
Public service facility
C
C
C
C
C
N
N
Public utility
C
C
C
C
C
N
N
Utility facility
N
N
N
N
N
N
C
Retail, Service, and Office Uses
Bed and breakfast
C
N
N
C
N
N
N
Commercial parking lot
N
C
N
C
N
N
N
25.10.040.1
Condominium hotel, converted
N
N
C
C
N
N
C
Hospital
N
N
C
C
N
N
C
Hotel
N
N
N
C
N
N
N
25.10.040.J
Neighborhood government office
N
N
C
C
N
N
N
25.10.040.K
Office parking lot
N
C
C
C
N
N
N
25.10.040.L
Professional office
N
N
C
C
N
N
N
25.10.040.M
Resort hotel
N
N
N
C
N
N
C
25.10.040.J
Timeshares
N
N
N
N
N
N
C
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
18
PLANNING COMMISSION RESOLUTION NO. 2700
25.10.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.10-1 (Use Matrix
for Residential Districts):
A. Multifamily. Multifamily dwelling units are permitted within the R-2 district 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-3 district up to a maximum of 40
dwelling units per acre, or as indicated on the zoning map.
B. Group Home. When permitted according to Table 25.10-1 (Use Matrix for
Residential Districts), group homes are limited to six or fewer residents.
C. Planned Residential. Cluster development and/or condominiums are permitted as
part of a planned development.
D. Kennel. Excluding domestic pets, all boarding for animals or fowl must be at 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, 58 inches shall be
permitted on a lot of 40,000 square 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. 288 square feet per horse; minimum dimensions of 12 by 24
feet, and one-third shaded.
ii. Stable. 144 square feet, minimum dimension 12 feet by 12 feet 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 35 feet from any residence or habitable structure on the same lot
and not less than 50 feet from any residence or habitable structure on
adjacent lots. Barns, corrals, or stables may be located within 50 feet 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).
19
PLANNING COMMISSION RESOLUTION NO. 2700
4. Animal manure shall be stored in appropriate receptacles and properly
disposed of not less than once per week.
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. Large family day care facilities require the issuance of a
large family day care use permit in accordance with Section 25.64.020. and are
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 300 feet in all directions from
another large family day care home. An adjustment may be granted
according to Chapter 25.64.030 (Adjustments) of this ordinance to reduce this
distance to no more than 100 feet.
2. Traffic control. A 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/pick-up 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 pick-up
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 the City at all times.
8. State Licensing. All appropriate licensing from the California Department of
Social Services shall be obtained prior to commencing operation of any large
family day care home in the City.
20
PLANNING COMMISSION RESOLUTION NO. 2700
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. 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. 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 300 feet of the related commercial establishment.
J. Hotel and Resort Hotel. In the R-3 zoning district, these uses are permitted up to a
maximum of 40 units per gross acre with the issuance of a conditional use permit. In
the PR zoning district, the maximum density shall be approved by the Commission
or Council.
K. Government Office Building. Small neighborhood govemment office buildings are
permitted up to 5,000 square feet in size.
L. Office Parking Lot. Parking lots that serve office developments are permitted when
located directly adjacent to the office professional zone and consistent with the
recommendations of the General Plan.
M. Professional Office within Residential District. These uses are 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.
21
PLANNING COMMISSION RESOLUTION NO. 2700
25.10.050 Development Standards
The development standards on Table 25.10-3 (Residential Zoning District Development
Standards) are applicable to the residential zoning districts. These standards, along with
other development standards (e.g., landscaping requirements, signs, and parking
standards) in this title, are intended to assist property owners and project designers in
understanding the City's minimum requirements and expectations for high -quality
development.
A. Hillside 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 Pad Area. 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 the 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 paragraph 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. Exception. The standards of subsections A.1 through A.3 of this section shall
be required unless modified by one of the following:
22
PLANNING COMMISSION RESOLUTION NO. 2700
i. Precise Plan. The Commission and Council may approve a precise
plan of design through the public hearing process that modifies the
standards in subsection A.1 through A.3. Said precise plan shall take
into consideration any and all circumstances, including, but not limited
to, viewshed, topography, color, texture, and profile of any structure
that the Commission or Council may determine to be in conformity with
the purposes set forth in this section.
5. 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.
6. Development on or across ridges is prohibited.
7. Building pads and architecture shall be designed to eliminate or minimize any
visual impact on the City to the maximum extent feasible.
8. 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 the
partition of common open space.
9. 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.
23
PLANNING COMMISSION RESOLUTION NO. 2700
iii. The layout of structures and other facilities shall affect 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 District Standards.
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. The PR district is
further intended to provide for the optimum integration of urban and natural
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. Filing Procedure. To initiate the review process, the applicant shall file
applications for a change of zone (if needed) to a PR district along with a
precise plan, tentative tract/parcel map and supporting environmental
documentation.
3. 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 Council shall 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 40 dwelling 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.
4. 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 55 dwelling units
per acre may be allowed by precise plan. 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.
5. Development Standards Applicable. All areas within the project site shall be
subject to the following:
24
PLANNING COMMISSION RESOLUTION NO. 2700
i. 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.
ii. Off-street parking and loading requirements. All parking and loading
shall comply with the provisions of Chapter 25.46.
iii. Utilities. For provisions regarding utilities, see Section 25.40.120.
iv. Signs. All signs shall be in compliance with Chapter 25.56.
v. Outside storage. No outside storage shall exceed the height of the
actual perimeter screening.
vi. Screening. All screening requirements for developments within the PR
district shall be determined by the ARC during review of the precise
plan.
vii. 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.
6. Site Plan Review. Review of a site plan by Planning Department staff shall be
required before a building permit is issued for any development in the PR
district.
7. Special Standards. In addition to requiring all development plans to comply
with the following special standards the Council and/or the 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 7 dwelling units per acre
shall have a minimum area of 5 acres. Projects of 7 to 18 dwelling
units per acre shall have a minimum area of 10 acres. Projects with
18+ dwelling units per acre shall have a minimum area greater than 10
acres.
ii. Minimum Project Width. Projects of less than 7 dwelling units per acre
shall have a minimum width of 200 feet. Projects of 7 to 18 dwelling
units per acre shall have a minimum width of 250 feet. Projects with
18+ dwelling units per acre shall have a minimum width greater than
300 feet.
iii. Minimum Project Perimeter Setback. The minimum perimeter setback
shall be 20 feet from all property lines adjacent to existing or proposed
public streets.
25
PLANNING COMMISSION RESOLUTION NO. 2700
iv. Minimum project building coverage. Projects of less than 7 dwelling
units per acre shall have a maximum building coverage of 40 percent.
Projects of 7 to 18 dwelling units per acre shall have a maximum
building coverage of 50 percent. Projects with 18+ dwelling units per
acre shall have a maximum building coverage of 80 percent.
v. Minimum lot area. For single-family detached, the minimum lot area
shall be as approved by the development plan. For single-family
attached, the minimum lot area shall be 2,500 square feet. For a two-
story dwelling, the minimum lot area shall be 3,000 square feet. For
multiple -family buildings, the minimum lot area shall be as approved
on the tract map.
8. 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 tract map and/or precise plan.
9. Minimum Separation Between Sides of Buildings. For single -story, single-
family detached buildings there shall be a minimum of 7 feet between
sides. For two-story, single-family detached buildings there shall be a
minimum of 10 feet between two-story elements.
10. Minimum common open space.
i. Projects of less than 7 dwelling units per acre shall have a minimum
common open space of 30 percent of the net area.
ii. Projects of 7 to 18 dwelling units per acre shall have a minimum
common open space of 20 percent of the net area.
iii. At least 50 percent of all required common open space shall be
approximately level, defined as not more than 13.5 percent 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.
11. Building Height. The maximum building height in a PR district shall be 40 feet
or three-story, whichever is less, or as approved by the Planning
Commission.
12. Maximum Dwelling Units per Building. The maximum number of dwelling
units per building shall be as approved by the Planning Commission.
26
PLANNING COMMISSION RESOLUTION NO. 2700
13. Required Width of Private Roads. With no parking, the private roads shall be
20 feet wide. With parking on one side, 32 feet wide. With parking on two
sides, 40 feet 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.
14. RV Park Standards. The following standards apply to recreational vehicle
parks:
i. Minimum project size of 5 acres;
ii. Maximum density of 12 spaces per acre;
iii. Minimum space area of 1,500 square feet, minimum dimension 30 feet
by 50 feet;
iv. Minimum 40 percent common open space/recreation area;
v. Front project setback adjacent to a public street of 25 feet with a
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 10 feet of landscaping;
vii. Projects may be single -use or developed as part of a larger resort or
residential development;
viii. RV parks shall be taxed as a transient occupancy use;
ix. Permitted Accessory Uses. Private recreational facilities and limited
commercial directly associated with primary use as approved by the
Commission.
15. 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:
27
PLANNING COMMISSION RESOLUTION NO. 2700
Table 25.10-2: Setbacks from Planned Street Lines
Street Type
Setback Distance
Freeway
50 feet
Major
32 feet
Arterial
32 feet
Collector
25 feet
Local
25 feet
16. Two-story, single-family detached building setbacks from project perimeter:
i. The minimum setback shall be 100 feet or one lot depth, whichever is
more.
ii. The Commission may waive interior setback requirements when adjacent
developments are planned simultaneously.
17. Development standards within the PR districts may be modified through the
precise plan process as specified in Section 25.72.030.
18. Approval Criteria. The Commission and/or Council may approve a precise plan
only after finding that the requirements of this title and other ordinances affecting
the property have been satisfied. In granting such approval, the
Commission/Council may impose and enforce such specific conditions as to site
development, phasing and building construction, and 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 Commission/Council.
28
PLANNING COMMISSION RESOLUTION NO. 2700
Table 26.10-3: Residential Zoning District Development Standards
117 a
C' V{
0
trt
Col
O
M
0
t
0
15' 1-18- ARC)
0
c
0
c
l.ot width. min
Combined both si
a
2
7
7
0
on
a
G
the context d the City of Petm Desert. Exceptions to the coterie co
L �
PLANNING COMMISSION RESOLUTION NO. 2700
30
PLANNING COMMISSION RESOLUTION NO. 2700
Figure 25.10-1 Palm Desert Country Club Setbacks
-- City Boundary
R-1 and R-2 Parcels within the Palm Desert Country Club
Palm Desert Country Club
31
PLANNING COMMISSION RESOLUTION NO. 2700
Exhibit D
Chapter 25.16 — Commercial and Industrial Districts
Sections in
25.16.010
25.16.020
25.16.030
25.16.040
25.16.050
This Chapter
Purpose 16-32
Characteristics of the Commercial and Industrial Districts 16-32
Allowed Land Uses and Permit Requirements 16-33
Specific Use Standards 16-Error! Bookmark not defined.
Development Standards 16-37
25.16.010 Purpose
The purpose of this chapter is to establish commercial and industrial 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 commercial and
industrial district and center land use categories as indicated in Table 25.04-1 (Zoning
Districts).
25.16.020 Characteristics of the Commercial and Industrial Districts
The following descriptions of each district identify the characteristic uses, intensity of uses,
and intended level of development for that district.
A. Office Professional (OP). This district is intended for various levels of intensities for
business, office, administrative, research and development, and/or professional land
uses. This district is characterized by urban streetscapes with formal tree
arrangements and larger block sizes.
B. Planned Commercial (PC). The PC districts provide flexibility for commercial and
mixed -use development. Generally, these districts are characterized as coordinated
projects that integrate compatible commercial and residential mixed -uses. PC
districts balance the need for automobile parking and pedestrian connections that
are organized around walkable streetscapes and other pedestrian amenities. PC
districts are further refined based on property size, proximity to residential uses, and
as described below:
1. Specialty Commercial Center (PC-1). The specialty commercial center
provides for small-scale commercial development that primarily serves
surrounding neighborhoods and other immediate land uses. This district is
characterized as being located in close proximity to residential development
and, as such, provides high levels of convenient pedestrian access. This
district also promotes the development of mixed -use (10.0-15.0 du/ac) as a
transition between residential uses and other development types.
2. District Commercial Center (PC-2). The district commercial center provides
convenient shopping opportunities outside of the downtown core area. This
PC district provides large -format retail areas for the broader community and
32
PLANNING COMMISSION RESOLUTION NO. 2700
provides flexibility for the integration of mixed -use (10.0-15.0 du/ac) on upper
floors of commercial buildings. The center is also characterized by traditional
parking Tots with formal tree arrangements and spacing and sufficient space
for pedestrian areas and open space.
3. Regional Commercial Center (PC-3). The regional commercial center
provides a unified area for commercial uses which offer a wide range of
goods and services, including comparison and convenience shopping,
entertainment, cultural, and recreational uses. The district provides for large-
scale, large -format, commercial development that serves the broader region
and is generally located around major intersections and properties in
proximity to freeway overpasses. Although this district is predominately
commercial, mixed -use (10.0-15.0 du/ac) is allowed and should be integrated
into developments on the upper floor.
4. Resort Commercial Center (PC-4). The resort commercial center allows for
the development of a range of entertainment, hospitality, restaurants, and
recreational facilities with related commercial uses to serve visitors to the
City. The district is characterized by multi -story development that provides
recreation and entertainment amenities in accordance with its urban/natural
setting, and provides flexibility to integrate mixed -use (10.0 du/ac).
C. Service Industrial (SI). This district allows for the development of traditional
business parks that allow for the manufacture, distribution, research and
development, and service of products intended for use within Palm Desert and
surrounding communities. The district is characterized as having a more urban
setting with buildings located near roadways, shared and connected parking, and
streetscapes with formal street tree arrangements.
25.16.030 Allowed Land Uses and Permit Requirements
Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses
and corresponding permit requirements for commercial and industrial districts and all other
provisions of this title. Descriptions/definitions of the land uses can be found in Chapter
25.99 (Definitions). The "Special Use Provisions" column in the table identifies the specific
chapter or section where additional regulations for the specific use type are located within
this ordinance.
Use regulations in the table are shown with representative symbols by use classification
listing: "P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of
an administrative use permit, "C" symbolizes uses that require approval of a conditional use
permit, and "N" symbolizes uses that are not permitted. Uses that are not listed are not
permitted. However, the Commission may make a use determination as outlined in Section
25.72.020 (Use Determinations).
33
PLANNING COMMISSION RESOLUTION NO. 2700
Table 25.16-1: Use Matrix for Commercial and Industrial Districts
Commerciatlindustria1 District
(P=Permitted, MAdminisirative Use
Permit; C=Conditional Use Permit;
N=Not Permitted)
Special Use
Provisions
OP
PC-1
PC-2
PC-3
PC-4
SI
Residential Uses
Caretaker housing
N
N
N
NNP
25.16.040.A
Condominium
CC
C
N
CC
25.16.040.B
Dwelling, duplex
CC
C
CCC
25.16.040.E
Dwelling, multifamily
CC
C
CCC
25.16.040.E
Dwelling, single-family
CC
C
NCC
25.16.040.E
Group home
CC
N
NCC
25.16.040.B
Single -room occupancies
N
N
N
NNC
Homeless Shelter
N
N
N
NNP
Recreation, Resource Preservation, Open Space, and
Public
Assembly Uses
Amusement facility, indoors
N
N
C
CCN
Amusement facility, outdoors
N
N
N
CCN
Community facility
N
N
N
NNP
Day care center
NC
C
CCN
Emergency shelters
N
P
N
NNP
Entertainment facility, indoor
N
N
N
P
P
N
Entertainment facility, outdoor
N
N
N
P
P
N
Institution, educational
CC
C
N
NC
Institution, general
C
N
C
NNC
Institution, religious
C
N
C
NNC
Open space (developed or natural)
N
P
P
NPN
Recreation facility, commercial
N
N
P
PPN
Recreation facility, private
N
N
N
P
P
N
Theater/auditorium
N
N
P
PNN
Utility, Transportation, Public Facility, and Communication
Uses
Commercial communication tower
CC
C
CCC
25.16.040.0
Commercial parking lot
C
N
N
NNN
Public utility installation
N
N
N
NNP
Public facility (utility or service)
N
N
N
NNP
34
PLANNING COMMISSION RESOLUTION NO. 2700
Utility facility
N
N
C
NNP
Retail, Service, and Office Uses
Adult entertainment
N
N
N
NNC
25.16.040.D
Ancillary commercial
A
P
P
P
N
A
25.16.040.E
Art gallery
AP
P
P
PC
Art studio
AP
P
P
PC
Bed and breakfast
N
A
A
A
A
N
Business support services
N
N
N
NPP
Convention and visitors bureau
N
N
P
NPN
Drugstore
N
P
P
PNN
Financial institution
C
P
P
PNN
Grocery store
N
P
P
PNN
25.16.040.F
Health dub, gyms or studios
NA
P
P
PC
Hotel
N
A
A
A
P
N
Liquor store
N
P
P
PNN
Liquor, beverage and food items shop
N
P
P
PPN
Medical, clinic
P
N
P
PNN
Medical, office
P
P
P
PNN
Medical, hospital
N
N
N
NNC
Medical, laboratory
P
N
N
NNP
Medical office, accessory
N
N
N
NNP
25.16.040.G
Medical, research facility
P
P
N
NNC
Mortuary
N
N
N
NNP
Office, professional
P
N
P
PPP
Office, local government
P
N
N
NNP
Office, travel agency
PP
P
PPN
Outdoor sales
N
N
A
A
A
A
Personal services
N
P
P
PPN
Restaurant
A
C
C
C
P
C
25.16.040.E / H
Retail
N
P
P
PPN
Retail, bulky items
N
N
N
PPN
Spa
N
N
P
PPN
Time-share project
N
N
N
CCN
Automobile ar►d Vehicle Uses
35
PLANNING COMMISSION RESOLUTION NO. 2700
Automotive rental agency
N
N
N
N
P
P
Automotive gasoline station
25.34.090
Automotive service facility
25.34.090
Automotive sales new and used (Outdoor / Indoor)
Automotive sales of accessory parts and supplies
N
Vehicle storage facility
N
N
N
NNP
25.16.040.1
Industrial, Manufacturing, and Processing Uses
Industrial planned unit development
N
N
N
NNP
Light industrial and research and development
N
N
N
NNP
Maintenance facility
N
N
N
NNP
Pest control facility
N
N
N
NNP
Preparation of foodstuffs
N
N
N
NNP
Production of home and office decor accessories
N
N
N
NNP
Warehouse or storage facility
N
N
N
NNP
Temporary Uses
See Section 25.34.080
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.
25.16.040 Specific Use Standards
The following provisions apply as 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 conditional use.
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 towers and antennas shall
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).
E. Commercial (ancillary). Applicable only to office and industrial complexes that
occupy a minimum of two acres. Restaurant uses shall not exceed 10 percent of the
36
PLANNING COMMISSION RESOLUTION NO. 2700
gross leasable floor area and the total ancillary commercial uses, including
restaurants, shall not exceed 25 percent of the gross leasable floor area of the
complex. A Conditional Use Permit or Administrative Use Permit is required to
review land -use compatibility and to ensure that adequate parking exists to serve the
commercial use.
F. Grocery Stores. Limited to a maximum building size of 10,000 square feet in PC-1,
30,000 square feet in PC-2, and 60,000 square feet in PC-3.
G. Medical Offices, accessory. Permitted only when ancillary to and in conjunction
with the operation of a hotel.
H. Restaurants. Drive -through and drive-in facilities permitted by a conditional use
permit as follows:
1. Permitted locations.
i. Within Freeway Commercial Overlay District
ii. On the following streets and as indicated in Figure 25.10-2: Monterey Avenue
and Portola Avenue from the northern city boundary to the north side of Gerald
Ford Drive.
2. Development standards.
i. Drive -through lanes and window facilities shall be designed in a manner that they
are screened and/or not visible from surrounding public streets.
ii. Drive -through vehicle queue must be permanently screened and/or not visible
from surrounding public streets.
I. Vehicle Service and Storage Facility. The storage facility must be completely
screened.
25.16.050 Development Standards
The development standards included in Table 25.16-2 (Commercial and Industrial District
Development Standards) are applicable to commercial and industrial districts. These
standards, along with other development standards (e.g., landscaping requirements, signs,
and parking standards) located in the zoning 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 Tots in the PC zone districts, setbacks shall be the lesser of the
setback requirement listed in Table 25.16-2 (Commercial and Industrial
District Development Standards). For exterior lots or projects perimeter
adjacent to public streets the setback standards below shall apply. Said
setbacks shall be measured from the property line.
2. Building setbacks from planned street lines:
37
PLANNING COMMISSION RESOLUTION NO. 2700
Table 25.16-2: Setbacks from Planned Street Lines
Street Type
Setback Distance
Freeway
50 feet
Major
32 feet
Arterial
32 feet
Collector
25 feet
Local
25 feet
3. Where commercial districts abut a residential district, a fence or wall six feet
in height shall be located adjoining the property line except adjoining a
required front yard. All commercial district property lines adjoining a
residential district shall be landscaped with plant materials for an area 10 feet
in depth.
4. All nonpaved areas shall be landscaped and treated or maintained to
eliminate dust.
B. Exceptions: Development standards within the PC districts may be modified through
the precise plan process as specified in Section 25.72.030Special standards within
the Service Industrial (SI) district.
Sound emanating from industrial properties 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 Decibels
Octave Band in Cycles-
Second(decibels)
Adjacent Residential District
8oundaries(dec bets)
Lot Line of Use in the St
Zone(decibels)
0-75
72
79
76-150
59
74
151-300
52
66
301-600
46
59
601-1200
42
53
1201-2400
39
47
2401-4800
34
41
Above 4800
32
39
38
PLANNING COMMISSION RESOLUTION NO. 2700
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 1 inch 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 1 inch 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 shall be kept in enclosed containers in areas other than the front and
side yards.
6. Lighting, including spotlights, floodlights, electrical reflectors, and other
means of illumination for signs, structures, landscaping, parking areas,
loading and unloading areas, and the like shall be shielded, focused, directed,
and 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 SI district 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, be in
excess of 2.7 x 10-11 micro curies 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)
C. Special standards within the Office Professional (OP) district.
1. When adjacent to single -story residential, the rear and exterior 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:
39
PLANNING COMMISSION RESOLUTION NO. 2700
Table 25.16-4: Additional Setback in OP District
Height
Setback
i
Dstance
19 feet
26.43 feet
20 feet
32.86 feet
21 feet
39.29 feet
22 feet
45.72 feet
23 feet
52.15 feet
24 feet
58.58 feet
25 feet
65 feet
2. Second -story Windows: Second -story windows are allowed to face adjacent
single -story residential zones with sufficient screening; either with
landscaping or another method as approved through the precise plan
process.
40
PLANNING COMMISSION RESOLUTION NO. 2700
Table 25.16-4: Commercial and Industrial District Development Standards
Commercial!Industrial District
Lot Dimensions
Building Measurements
1
20,000 sf
None
b
100'
b
.
b-
0
.
Co
0
0
40', 3
stories
6
a .
4 ac
c
0
z
C
E
0
z
c
E
0
Z
b
(,)
15'
1
,•
0
N
o
1.-
0
o
0
,
%zr (1)
^ C:
Co 0
-.-
LO w
LC)
Lo
30 ac
None
None
None
0
Co o
40
-(11
0
8
a
as
4:1 )
c
allON
.
1
,
iD
1
,
-... ...--,
0
o
o
0 Lo
[--
c‘i 0
- r:
CO c-7)
40
co
,...
w
o
0
o
01
e•
3 ac
al
C
C
I
*.
it)
I
,6*
it)
1r)
cp u.)
35', 2
stories
q
c')
10,000 sf
OP
15,000 sf
None
b
R--
12' min, 15'
avg
r-
.e.
,
b
b
12' min, 15'
avg
*.
'"
0
0
to
c-
0
0
0
,---
40', 3 stories
q
co
1
,c
E
af
N
6
-J
x
(0
E
6'
N
6;
-J
Lot width, min
Lot depth, min
41
iti
4..
a
Front yard, min
Side yard, min (interior/exterior)
Street side yard, min
Rear yard, min
di
CO
E
0
0
a
Floor Area Ratio
Residential Density Range
(mixed -use)
Height, max (single -use)
Height, max (mixed -use)
No. of Stories (mixed -use)
°Dx
m
E
6-
N
47)
F
't-5
Ca
41
PLANNING COMMISSION RESOLUTION NO. 2700
O
N
0
0
0
UC)
0
l( I
r
0
C
di as
c
•Q- to
U
'(3 Q
c
m 0)
NAcs
5 a)
6
tied in Section 25.72.03
e plan process as s
a a
v • E.
(0. 0
1i Ca
N
t 'y N
E 0 0)
0 s U
y m
1)
Cl*
C • N 07
• b co
(0 E 0 -0
6 C y -§
p
15
w
y N U d
71.1
U Q) A 0)
• O
y •0
0 ,h fi
N U o U ca
N D 0.fi
N O •S
Y .. 0 w
.o� a� w a
yto E4, 0
g
0
� - A a)
a�� Ec O m
O Y
co
0 6 co
Q
of a. 00 15 0
v> aQ�
N • W N E.
co
`°.., �0 0 .E?a
�+ °a) a fi
-20 ¢'mom
i V 0 0
O -02 Z-1. O m
70 t0 y 0f
N a)
8� t • P'a ,-' o-0
` fi a 0 •a N V.
S 0 8 47 y N 0
• •k,
"s
00• mayZm4a
a+a) 0_0 5y U
d2 0 fi�o"eyexo E
�.sc0
Ncc
0
''4(• (� ON es u O N
a O„.Q 0 o 0 o o.,E
ytoQ .0gy de.-
13.4U v�N b a3a as
co0Q.co-6'>', ro0
`,m0000 -afi
y dL-
h y�SI-.Q
)l
uate irrigation system.
�w cvt*iv sod n:coai
42
PLANNING COMMISSION RESOLUTION NO. 2700
Exhibit E
Chapter 25.22 — Special Districts
Sections in This Chapter
25.22.010 Purpose 22-43
25.22.020 Characteristics of Special Districts 22-43
25.22.030 Allowed Land Uses and Permit Requirements 22-43
25.22.040 Development Standards 22-45
25.22.010 Purpose
The purpose of this chapter is to establish zoning districts in the City specifically reserved
for public, institutional, and open space use and to provide a list of permitted uses and
general development standards. These districts are consistent with and implement the
City's General Plan as indicated in Table 25.04-1 (Zoning Districts).
25.22.020 Characteristics 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 that are
compatible with, and support, surrounding land uses.
B. Open Space (OS). The open space district is intended to provide for areas reserved
for parks, public or private recreation, protection of natural and developed open
spaces, governmental public uses, or areas where a hazard to the public may exist.
25.22.030 Allowed Land Uses and Permit Requirements
Table 25.22-1 (Use Matrix for Special Districts) identifies allowed uses and corresponding
permit requirements for the special districts and all other provisions of this title. Use
regulations in the table are shown with representative symbols by use classification listing:
"P" symbolizes uses permitted by right, "A" symbolizes uses that require approval of an
administrative use permit, "C" symbolizes uses that require approval of a conditional use
permit, and "N" symbolizes uses that are not permitted. Uses that are not listed are not
permitted. However, the Commission may make a use determination as outlined in Section
25.72.020 (Use Determinations).
43
PLANNING COMMISSION RESOLUTION NO. 2700
Table 25.22-1: Use Matrix for Special Districts
Key:
P=Pentiitted. AIlliili—Ad ' "
, strative Usepemlit
'
Special Zoning
DistrictProvisions
Special Use
C12CPrldi.ijotial Use Permit; N--Not
p
Os
Residential Uses
Condominiuml
Dwelling, duplexl
Dwelling, manufacturedl
Dwelling, mobile homel
Dwelling, multifamilyi
Dwelling, secondl
25.34.030
Dwelling, single-familyl
Farmworker housingl
Group homel
Planned unit development, residentiall
Recreation, Resource Preservation, Open Space, and Public Assembly Uses
Apiary
A
Botanical conservatory
A
Cemetery
Community facility
Crops and horticulture, limited
Historic landmark
Institution, educational
Institution, general
Institution, religious
Kennel
Library
A
Nursery
Orchard
Public park
Recreation facility, commercial
Recreation facility, private
Recreation facility, public
Stable, boarding
Utility, Transportation, Public Facility, and Communication Uses
44
PLANNING COMMISSION RESOLUTION NO. 2700
Key;
Special Zoning
District
Special use
Prvisi
oons
P--Pe ltted; A=Administratfve Use P
C=Conditional Use Pernik; N=Not
P
OS
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
Restaurant2
N
A
Notes:
1. Government -supported, -funded and/or -operated only.
2. Recreation -oriented restaurants, eating and drinking places.
25.22.040 Development Standards
The development standards in 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: Special District Development Standards
Special Zoning
District
P
OS
Dimensional Reriuiremen
'
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 permit or administrative use permit approval.
45
PLANNING COMMISSION RESOLUTION NO. 2700
Chapter 25.28 — Overlay Districts
Sections in This Chapter
25.28.010
25.28.020
25.28.040
25.28.060
25.28.070
25.28.080
25.28.090
25.28.100
25.28.110
25.28.120
Exhibit F
Purpose
Senior Housing Overlay District
El Paseo Overlay District
Planned Community Overlay District
Freeway Commercial Overlay
Scenic Preservation Overlay District
32
32
4
5
37
7
8
10
10
12
Drainageway, Floodplain, Watercourse Overlay District
Natural Factors/Restricted Development Overlay District
Seismic Hazard Overlay District
Bermuda Dunes Airport Area
25.28.010 Purpose
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 unique social,
architectural, or environmental characteristics which require special considerations not
otherwise adequately provided by the underlying base zone applicable to the property.
25.28.020 Senior Housing Overlay District
A. Purpose and 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 added to 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 the 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, congregation,
assisted, and memory care 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 persons over the age of 55.
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.
46
PLANNING COMMISSION RESOLUTION NO. 2700
2. Overall project population shall be calculated according to the following
factors:
Table 25.28-1: Persons per Unit in Senior Housing
Unit Siva
Persons perUnit
Studio
1.25
One bedroom
1.75
Two bedroom
2.00
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 Acre in Senior Housing
Project' Site Area
PIA
Less than 2.49 acres
30
2.5 to 9.99 acres
40
10 acres or more
+ 50
4. Senior housing projects shall be divided into two age restriction
classifications: 55 minimum and 62 minimum. Due to greater activity levels of
age 55 projects, allowable P/A shall be reduced by 25 percent.
5. Unit Sizes. Minimum allowable unit sizes in square feet (sf) shall vary
according to the presence or absence of a common project dining facility.
Each unit shall contain, as a minimum, a kitchen including two burners, an
oven, a refrigerator/freezer, a sink, counter space, and storage.
Table 25.28-3: Unit Size in Senior Housing
Unit Size
Common Dining
With
Without
Studio
360 sf
450 sf
One bedroom
500 sf
600 sf
Two bedroom
700 sf
800 sf
47
PLANNING COMMISSION RESOLUTION NO. 2700
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
SizeUnits
Permitted PopulationPermitted
(assumes all 2 bedroom)
Unit Size
(without common dining)
Age 55-62
(25% reduction)
Age 62 +
Age 55-62
Age 62 +
5 acres
150
200 (40 P/A)
75
100
800 sf
10 acres
375
500 (50 P/A)
188
250
800 sf
E. 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.
F. Parking Requirement.
1. Parking ratios based on age group shall be based on the following:
Table 25.28-6: Parking Required for Senior Housing
Age Minimum
Parking Ratio
55
1.25 per unit
62
1.00 per unit
62+
0.75 per unit'
1. With Commission approval according to G.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 Tess demand to the satisfaction of the Commission.
G. Affordability Requirements. A portion of any project with 10 or more dwelling units
shall be reserved and made affordable to lower- and moderate -income residents.
48
PLANNING COMMISSION RESOLUTION NO. 2700
1. For projects between 10 and 99 units, 10 percent of the units shall be
affordable to lower -income residents and 10 percent to moderate -income
residents.
2. Projects with 100 or more units shall be required to provide an additional 5
percent affordable to very 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.
H. Very Low, Low, Moderate Income Defined. Very low income shall be equivalent to
50 percent of median income; lower income, 80 percent of median; and moderate
income, 100 percent 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.
I. Projects approved under this section must be used solely for senior citizen housing
unless special approval is granted by the Council.
J. 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.
25.28.040 El 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
49
PLANNING COMMISSION RESOLUTION NO. 2700
5. Gift and accessories boutiques (including small antiques)
6. Jewelry shops
7. Liquor, beverage, and food item shops
8. Luggage shops
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.
25.28.060 Planned Community Overlay District
A. Purpose and 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 in Section 25.72.040 is required for approval of a development in the
Planned Community Overlay district.
B. Requirements.
1. Site area. A minimum of 100 acres shall be required for a planned community
development.
2. Master plan required. Any application for a planned community overlay zone
shall be accompanied by a master plan for the entire area covered 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 of the owner.
The application shall be prepared by a qualified team of professionals and
50
PLANNING COMMISSION RESOLUTION NO. 2700
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 complete application for an overlay zone, the Department
shall 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 the 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.
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.
25.28.070 Freeway Commercial Overlay District
A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone
(FCOZ) district is to provide optional standards and incentives for the development
of a variety of commercial uses. Whenever the FCOZ has been added to a base
zone, the owner/applicant may choose whether to use the optional FCOZ standards
or the standards of the base zone. In order to obtain approval of uses only permitted
in the FCOZ, the project must utilize FCOZ standards.
51
PLANNING COMMISSION RESOLUTION NO. 2700
B. Conditional uses. Uses permitted by approved conditional use permit shall be as
follows:
1. Restaurants, general, including drive -through restaurants
2. Automobile service stations without regard to the required separation
distance provisions per Section 25.34.090 (Automotive Service Stations)
3. Convenience stores
4. Car washes
5. Combinations of 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 5 acres in size and shall have
frontage on a designated arterial street.
3. Drive -up lanes and window facilities shall be designed in a manner that they
are not visible from an arterial street.
4. Development standards shall generally be flexible to ensure efficient site
planning and to foster the creation of attractive developments.
5. Automobile service stations shall comply with the requirements of Section
25.34.090 (Automotive Service Stations).
D. Required on -site parking. The required number of parking spaces for a combined
development shall be cumulative for all proposed uses. The Commission may
reduce the required parking where it is clearly demonstrated that a shared use will
occur (i.e., a restaurant which serves a hotel), or with a showing of good cause, the
Commission may increase the number of parking spaces required.
E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile
service stations pursuant to Section 25.34.090 (Automotive Service Stations).
52
PLANNING COMMISSION RESOLUTION NO. 2700
F. Landscaping. All master planned projects approved through the FCOZ process
shall provide a minimum of at least 30 percent landscaped open space, of which at
least half of the common usable public space can include a picnic area, a dog park,
or a kids land, as well as landscaped setback areas. With a showing of good cause,
the Commission may decrease the minimum landscaped open space requirement.
25.28.080 Scenic Preservation Overlay District
A. Purpose. It is the purpose of the Scenic Preservation Overlay (SP) district to
designate those scenic corridors that have 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 the base district requires the review and approval of the ARC which 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 district shall apply. The ARC may apply additional standards to
ensure that the aesthetic quality of the scenic corridor is preserved. At a minimum,
the ARC will 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.
25.28.090 Drainageway, Floodplain, Watercourse Overlay District
A. Purpose and intent. The purpose of the Drainageway, Floodplain, Watercourse
Overlay (D) district is to designate those areas of the City that are known to be
subject to flooding. This designation and regulations herein are intended to achieve
the following objectives:
1. To prevent loss of life and property and to minimize economic loss caused by
flood flows.
53
PLANNING COMMISSION RESOLUTION NO. 2700
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-year flood 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 the underlying 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 to meet 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 1
foot above the level of the 100-year flood. 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-year flood.
iv. Landfills, improvements, developments, or other encroachment effects
on the 100-year flood level such that the water surface elevations of
the 100-year flood are increased by more than 1 foot shall be fully
offset by requirements for stream improvements meeting with the
approval of the chief engineer of the affected flood control district.
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.
54
PLANNING COMMISSION RESOLUTION NO. 2700
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 1 foot or
that cannot be fully offset by stream improvements.
3. Storage of floatable substances or materials which will add to the debris Toad
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 precise plan 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.
25.28.100 Natural Factors/Restricted Development Overlay District
A. Purpose. The purpose of the Natural 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 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
55
PLANNING COMMISSION RESOLUTION NO. 2700
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).
25.28.110 Seismic Hazard Overlay 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 SH overlay zone.
B. Permitted uses. All uses permitted in the underlying district are permitted subject to
the obtaining of a conditional use 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 be required 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.
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.
56
PLANNING COMMISSION RESOLUTION NO. 2700
8. Design of anchorage and bracing for all critical infrastructure systems
(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
the City, 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 precise plan review as prescribed in Section
25.72.030 (Precise Plan).
25.28.120 Bermuda 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,
identified in the Riverside County Airport Land Use Compatibility Plan Policy
Document and Figure 25.29-1.
B. Permitted uses. All uses permitted in the underlying district are permitted subject to
the Riverside County Airport Land Use Compatibility Plan Policy Document.
57
PLANNING COMMISSION RESOLUTION NO. 2700
Table 25.28-1 Bermuda Dunes Airport Compatibility Plan
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Riverside County
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(Adopted D.c.mbr. 2060
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Compatibility Map
Bermuda Dunes Airport
58
PLANNING COMMISSION RESOLUTION NO. 2700
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101
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0-1
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STREET eAivtE NANCE ZONING
OVERLAY DISTRICTS
D • Oralnage.Fbon Plains a watercourse
511. , Seismic Hazard
S O - Senior Rousing Overlay
- scams Preservation
POW - Freeway Commercial Overlay Zone
PG0 • Planned Community Development
0-0 • Downtown Core Overlay
D.E -0 • Downtown Edge Transition Overlay
E F. - El Paseo Overlay
M D. - Muml-Use Overlay
BDAA - Bermuda Donee Airport Area
8-15
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59