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HomeMy WebLinkAboutORD 93t' All ORbtNANCt OF "t CITY OF PALM DESERT CALIFORNIA, ADOPTING CNAPTU IS, SECTIONS 26.1 - 25A OF THE PALM DESERT MUMICIPAL CODE. The City Council of the City of Pais Desert, California, DOES NEREI<T ORDAIN as followst SECTION It Sections 23.1 -.25.6 , attached hereto and labeled Exhibit "A". and all revisions thereto, labeled Exhibit "B". are hereby adopted as portions of Chapter 25 of the Pals Desert Municipal Code. SECTION 2: The City Clerk of the City of Palm Desert, California, is hereby directed to cause this Ordinance to be published within fifteen (15) days of adoption in the Pals Desert Post, a newspaper published and circulated within the City of Pals Desert, California end the same shall be in force and effect thirty (30) days after adoption. PASSED, APPROVED. and ADOPTED this llth day of December , 1975. by the following vote: - AYES: ASTON. BENSON, BRUSH. MCPHERSON Lk CLARX NOSS: NONE ABSENT: NONZ ' ABSTAIN: NONE i • ATTEST t or , City of Pala Desert, Ca ifornia '� yam. ` t .•_.. � �� i_ � t �. .. + ARTICLE 26.1 TITLE, RECITALS, INTENT AND PURPOSE 26.1-1 Title This Chapter shall be known as the Zoning Ordinance of the City of Palm Desert. 2S.1-2 Relation to the General Plan The Palm Desert City Council has instituted a comprehensive planning program in order to insure that the anticipated growth within the City is not subject to the problems associated with haphazard and uncontrolled development but is rather, 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 prrooggram has culminated in the preparation and adoption of a comprehensive General Plan. The General Plan includes among its goals, objectives and policies, the following: - develop relationships between land uses within the City that will.bring City costs and revenues into balance over tin. C . - develop a land use pattern that takes optimum advantage of the City's natural assets including views, mountain areas aQ the desert floor. - minimize conflicts between land uses created by drastic variations in intensities of use, densities and access regWirements. • - develop land use relationships that are efficient and •compatible, yet allow the flexibility that is necessary to respond to changes in socio-economic factori. - maintain the character of Palm Desert and create the best possible living environment for residents. - develop land use regulations that will encourage infill housing In -developed sections of the City and provide for innovative residential development in undeveloped areas. - the Med to provide a range of housing types for varying ineosr ranges and encourages development of a land use pattern oriented to, and utilized by, all social and economic levels. dw .i J IM Implementation Element of the General Plan recommends the • orderly development of the City and the elimination of the potential for haphazard land development through a variety of implementation measures. Among the methods noted is a regulatory zoning ordinance to govern the uses of land and the density and intensity of develop- ment. 2S.1-1 Intent and Purposes The zoning regulations of the City of Palm Desert 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 con- sistent with.the Palm Desert General Plan. More specifically, these regulations are adopted to achieve the following objectives: - Relate proposals for development to the provisions and reccm. ndations of the City's General Plan and insure -the consistency of development with the General Plan. - Foster a harwanious, convenient,•workable relationship among land. uses. - Ensure that public and private lands ultimately are used for the purposes which are most appropriate and most bene- ficial to the City as a whole. - Prevent the creation of population densities that will adversely affect the City's ability to provide community facilities, utilities, and services. - Ensure adequate consideration for urban design in the development process so that new development enhances the City as it matures. - Foster the provision of adequate off-street parking and off-street truck lading facilities. - Prorate consideration of natural environmental Matures in the development and us$ of land within the City. • Develop land -use regulations that will encourage infill development in existing sections of the City and provide for innovative development in undeveloped areas. 54 ARTICLE n.2 DEFINITIONS For the purposell of this Ordinance, certain words, phrases, and tents Used herein shall have the meaning assigned to them by this Article. • 2S.2-1 Definitions.LA) Abut - Two adjoining parcels of property with a cmwn property Tine, Including two or more lots adjoining only at a corner, ex- cept where such common property line is located in a public street right -of -war. Access or Access Way - The place, means, or way by which pedestrians and vehicles sha o" safe, adequate, and usable ingress and egress to a property or use as required by this Ordinance. Acc�essoa Buildifn - A subordinate building located on a building site, the of which is customarily related to that of a main building or to the use of the land. • Addition - An extension or increase in'floor area or height of a BUTUn or structure. Air Contaminant - Particulate matter, dust, fumes, gas mist, smoke, �rapor, or any combination thereof having or tending to have a deleterious effect on human beings, vegetation, animals or ' C property. Alley - An access roadwa or drive that provides service access to the rear or sides of a parcel. Alteration - Any work on a structure that does not result in any . addition to the structure. Ambient Noise Level - The general noise level one finds in a certain area at a given time. ndmant - Shall mean a change in the wording, context, or substance o s finance, an addition or deletion or a thang9a in the :one bonederies or classifications upon the zoning map, whlth imposes -any regulation not therefore lsposed, or removes or modifies any such regulation theretofore imposed. Wool J101k- A place where animals no larger than the largest Draw of ogs are given medical or surgical treatment. A facili pMmeM ly for treatment of out -patients and where for only a shor tin. critical ppaatients are kept longer than 24 hours. Boarding of animals shs11 be incidental to such clinic use. ,`, Animal, Domestic - Any domesticated animal or household pet ( connonlymaintained in a dwelling unit with man, which is not normally sold for comsercial purposes. imal Hospital, livestock - A place where livestock (horses, town, etc.etc.1 and SMAII animals are given medical or surgical treatment. Warding of animal; shall be incidental to such hospital use. Apartment - A habitable room or suite of two (2) or more habitable* roans wM a single kitchen, in a multiple dwelling, occupied or suitable for occupancy as a residence for one (1) family and shall be considered a dwelling unit. Apartment Hotel - A multiple family dwelling with six (6) or more gues rooms -which furnishes services for the use of its tenants which are ordinarily furnished by hotels. artment House - Any building or portion thereof which is designed, rented, let or hired out to be occupied, or which 1s occupied' as the home or residence of three or more families living indepen- dently of each other and doing their cooking in the said building. Architectural Projections - Projections from a building which are necessary forthe Shading of a building or features such as sills, cornices and chimneys. Such projections may extend into required yards only as allowed by the provisions of this ordinance. Automotive R•- it Seicialty Sho s - A retail and service plate of MiTF-essengaged primarily in light repair, and sale of goods and service for automotive vehicles including brake, muffler, and tire shops and their accessory uses. Heavier automotive repair inclu- ding but riot limited to transmission and engine repair are not included herein. Automotive Trailer, and Mobile Homes Sales Lot - An•open area used Tor the displays sales or rental of new or used automobiles or trailer coachesi but where no repair, repainting or remodeling is done. Automotive Service Station - A retail place of buslness.engaged pr marIly in the sale or motor fuels and supplyin only those incidental s and services which are required �n the day-to-day Operation o automotive vehicles and the fulfilling of motorist needs. tomotive Wre;kIng hUsiness - The dismantling or wrecking of used motor vehicles or trailers, or the storage and sale of dismantled er damaged vehicles or their parts, but not including the incidental storage of damaged vehicles in connection with the operation of a repeir parage. _ dw .0 C 2S.2-2 Definitions. (B) Balcony - An unroofed or roofed platform enclosed by a railing or parapet projecting from the wall of a building for the private use of occupant or for exterior access to the above grade living units. Vhan a balcony is roofed and enclosed with operating windows, it is considered part of the room it serves. Basement - That portion of building between floor and ceiling wTii cchi It partly or wholly underground. A basement shall be counted as a story for purposes of height measurement where more than one- half (1/2) of its height is above the average level of the adjoining ground. Boardins or Rooming House - A dwelling unit where lodging is Provided, with or without meals, for compensation for five (5) or sore persons. s_ - Building - A structure having a roof supported by columns or walls. buildin Main - A building or buildings within which is conducted the prine4pal use permitted on the lot, as provided by this Ordinance. Buildin Net ht - The vertical distance from the average elevation of the finished grade to the highest point on the structure directly above, provided that a roof shall be measured to the highest point of the roof. �Buildi Line - Line in interior of lot parallel to property line andlocateda distance.equal to setback distance. Buildin Site - A legally created parcel or contiguou"arcels of land in single ownership, which provides the area and open spaces required by this Ordinance, exclusive of all vehicular and pedes- trian rights -of -way and all other easements that prohibit the sur- face use of the property by the owner thereof. luildi!!g Site Covers - The percentage of the Building Site covered y structures, open or enclosed, excluding courts, patios, terraces, -swimming pools, and post -supported roofs over walkways. Suildins Site.Through - A building site having frontage on two parallel or approxi--wetly parallel streets. ft�l�roes•• - tlanagriment, operation, sale. Turchase or other trans- Ac-iion involving the handling or disposition of commodities or- fervices. 25.2 (3) C ts.!-s - Definitions Mi Certificate of Occupancy - A required document issued by the Depart- ment of Building a safety prior to the occupation or use of vacant land or -prior -to occupation or use of buildings erected or structurally altered. Grbort - A roofed structure, or a portion of a building, enclosed oe +moo or Amore sides primarily for the parking of automobiles . belongfng to the occupants of the property. Sitj - City of Palm Desert. Clinic Medical - An organization of doctors providing physical or mental healthservice and medical or surgical care of the sick or Injured but shall not include in -patient or overnight accommodations. Club - An association of persons for some common purpose but not TncTuding groups organized primarily to render a service which is customarily carried on as a business. . ClusterDevelo ment - An arrangement of dwelling units, attached or detachedwhich provides a number of dwelling units sufficient to - meet density requirements, constructed on smeller lots in return for the restriction or dedication of the -remaining acreage as permanent open space. Commercial - Operated or carried on primarily for financial gain. Commercial Recreation - Any use or development either public or private, providing amusement, pleasure, or sport= which is operated or carried on primarily for financial gain. Commission or Planning Commission - The City of Palm Desert Planning ss on. gp=fjj facilit - A noncommercial use established primarily for e benefit and service of the population of the community in which it is located. nditional Use - A use which requires a special degree of control cause o characteristics peculiar to it, or bacause of size, technological processes of type of equipment, or because of the exact location with reference to surrou»din s, street& and existing improvements or oemands upon public facilities. .�tni,�& - A stab of rsalty consisting of separate interests n r961dential buildings togetlher with undivided interests cannon in other portion of saws property unit is a separate interest, and common areas are entire condominium except units grante4t. thus, ers ( ewnof condominiums are 9rantaes of units. Each grantee owns separate interest in his un t_and as interest as ranted in common, in comas( area. (California Civic Code Section 1150) !i.2 (4) 1 d ` allsce L HOW Rlrsl HUM KeiL Moms ana Mane Tor xne R eo - L ac tens y tne State Department of Public ea , t State Department of Social Welfare, or the County of Riverside, which provides bed and ambulatory care for patients with post- operative convalescent, chronically ill or dietary problems, and persons unable to care for themselves. but not including alcoholics, dnq addicts, or persons with mental or contagious diseases or aff actions. Conventional Development - A development, other than a condominium, -apertment, or cluster development, with each dwelling unit situated on a residential lot of record and no lot containing more than one dwelling unit. Council - The City Council of the City of Palm Desert. Co��untrrZ�Club__ - A club organized and operated primarily for social aoutdoor recreation purposes, including incidental accessory uses and structures. 25.24 Definitions M QM %T er_ (Including Pre-school and Nursery Schools) - Any group of buildings, building or portion thereof, used primrerily for the daytimie care of six or more children at any location other than Ctheir normal place of residence.• Density, Grosi - The total number of dwelling units permitted on an acre of land exclusive of all existing public streets and rights- of-wmy, but including all streets or rights -of -way to be developed. .Consit llet - Shall mean the same as gross density except proposed streets and rights -of -way shall be excluded. rector - The Director of the Department of Environmental Services of the ity of Palm Desert. prIM - A vehicular passageway for the exclusive use of the occupa0 s of 4 property and their guests. A driveway shalt not be coesidered as a street. - An attached permenent building containing two dwelling units. Owellin Grow - One or more buildings, not more than two (2) storiis n height, containing dwelling units and arranged around two or three sides of a court which s onto a street, including single-family duplex, Old multiple -family dwel ings. A B ballim. Guest - shalt mean living quarters within an accessory briTd1AR kroT occupies not more than one tenth (1/10) of the area of the lot on which it is situated, for use exclusively by temporary, non-paying guests of the resident family. such quarters having no kitchen. Owellin Multiple Family - A permanent building containing three or more ng units. Dwelling, Sin le Family - A permanent building containing one moiling unit. Owellin Unit - One or more rooms and a single kitchen, designed or occupancy by one family for living and sleeping purposes. 25.2-5 • Definitions (E) Easement - A recorded right or interest in the land of another, whichentitles the holder thereof to some use, privilege or benefit out of or over said land. • Educational Institution - Private or public schools, colleges or universities qualified by the State Board of Education to give general academic instruction. 25.2-6 Definitions (F) Cr mill - One of more persons immediately related by blood, mirriage or adoption. living in a single housekeeping unit in a dwelling together with their domestic employees. A group of not more than four (4) unrelated persons living together shall also be considered a family. Fence - A free standing structure of metal, masonry, composition or wood or any combination thereof resting on or partially buried in the ground level, and used for confinement, privacy, protection, screening or partition purposes. Floor Area Gross - The total horizontal area, in square feet. including iwf �xierior wells of all floors of a structaft. noor Am Ratio.- The numericil value obtained by dividing the spoor area of a building or buildings located upon a lot or parcel of land by the total area of such lot or parcel of land. R k. E 2S.2-7 Definitions to) Cara a Private - A building, or a portion of a building, enclosed and used primarily for the parking of automobiles belonging to the occupants of the property. Garage, Public - A building other than a private garage used for the as n enance or temporary storage of motor vehicles. General Plan and the Palm Desert General Plan - The General Plan of the Cityo am DeserC .ross Area - The horizontal area within the lot lines of a lot or parcel Un and before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. Grade Ground Elevation - The average elevation of the finished ground surface surrounding a building. Gra�zingg, - The act of pasturing livestock on growing grass or other grimy herbage; or on dead grass or other dead herbage existing in the place where grown, as the principal sustenance of the livestock so grazed. 25.2-8 Definitions (H) Habitable Room - Any room+ for sleeping or living purposes excluding s�enc—loig"places as closets, bath or toilet rooes, connecting corridors, unfinished attics, foyers, storage spaces, utility roow,s, spaces used exclusively for cooking or eating, and similar Spaces. Hillside 6reas - Those areas of land which are so designated in Article o. 25.29 of the ordinance. Hove cu ation - An occupation conducted as an accessory use with- n a we I I Irso unit. Hoseitaal- - A facility licensed by the State Department of Public Realt h providing clinical• temporary or emergency service of a medicel, obstetrical or surgical nature to human patients, Hotel - Any building or portion thereof with access provided through •a common entrance, lobby or hallway to six or more guest rgpms, and Mhich roomn are designed, intended to be used or art used, rented or hired out es, temporary or, overnight accommodations for guests. 11 2S.2-9 Definitions (I) II rMMMnts - Any man-made actions which add to the value or en n� eFi value of land, e.g. streets, utilities, buildings. Industr - The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar' types of enterprise. _ Institution - A social, educational, governmental, health, or reli- gious organization. Intensity - The magnitude of activity affecting the development ` o ns ties, traffic flow, commercialism, tourism and land use. 25.2-10 Definitions (J) Junk - Any worn.out, cast-off, or discarded article or material. -� Junk and Salvage Yard - Any property used for the breaking up, C dismantling, sg, storage, distribution, or sale of any scrap, waste material or junk. 25.2-11 Definitions M Kennel - Any lot where four or more dogs, or cats, over the age fur months, are kept or maintained. Kennet Commercial - Any kennel maintained for the purp:)se of board%—g,-'breeding, raising or training dogs or cats fa• a fee or for sale. Kitchen - Any rooim io a building or dwelling unit which is used or coo ing and preparation of food. _ •f 25.2-12 pefinitions (L) nds i - The planting of suitable plant materials or a combination of plant materials with minion areas of paving, gravel, or otherwise dust -free materials including an adequate irrigation systems. Launderette - A business premises equipped with individual clothes washing FW drying machines either coin operated or attendance operated for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or apartment hotel. "Laundry - A building where clothing and fabrics are washed, other than a dun erette and is herein defined as an industrial use. Line of Si ht - A visual path eminating from an average eye level adjudged to De five (5) feet above the ground level. Loadin SS ccee - An off-street space or berth on same lot with a main��T�, or contiguous to a group of buildings, for the temporary parking of a group of commercial vehicles, while loading or unloading, and which has access from a street, alley, or other permanent means of ingress or egress. Lot - Any numbered or lettered parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of land, or a Parcel Map. Lot Corner - A lot located at the intersection or interception of two or more streets at an angle of not more than one hundred thirty-five (135) degrees, the lot shall be considered a "Corner Lot*. If greater than one hundred thirty-five (135) degrees, the lot Shall be Ebnsidered an exterior lot. Lot Depth - The average horizontal distance between the front and rear o roes measured in the mean direction of the side lot lines. •Let, Flao- A lot to shaped and designed that the main building site area s set back from the street on which it fronts and includes an access strip not less than twenty feet in width at any point connecting the main building site area to the frontage street. Lot, Interior - A lot other than a corner or reverse corner lot. Lat. MY - The first lot to the rear of a reverse corner lot and not separated by an alley. .19 t ine - Any line bounding a lot as herein defined. Property line s bean the tame as lot line. Lot Line, rant - On an interior lot# the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a Street, ..iYwi;r , Xi except in those eases where the subdivision or parcel up specified another tine as the front tot line. On a through lot or a lot with three (3) or more sides abutting a street or a corner or reverse corner tot with lot lines of equal length, the toning Administrator shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this Ordinance. On a private street or easement, the front lot line shalt be designed as the edge of the easement. Lot line. Interior - A lot line not abutting a street. Lot Line Rear - A lot line not abutting a street which is ooposite and most distant from the front lot line. In the case of an irregular -shaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less then ten (10) feet. A lot which is bounded on all sides by streets may have no rear lot lines. Lot line. Side - Any lot line not a front lot line or rear lot line. Lot Reverse Corner - A corner lot, the side line of which is sub- .stantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not. Lot, Throw h - A lot having frontage on two dedicated parallel or i approximatelyparallel streets. Lots Width - The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. . • 26.2-13 Definitions (M) Marques - A roofed structure or awning or canopy attached to and uppor sed by the building and extended over a building line and into public property. Nester Plan of Arterial N1 hwa s - The master Plan of the City of Palm Desert designating—%pte andproposed routes for all arterial high- ways within the City of Palm Desert. Master Plan of Drainage - Refers to an engineering report outlining the drainage facilities needed for the proper development of a specific incroeent of the City, and duly adopted by the City Council of the City of Palm Desert. - Mobilehome - A vehicle designed and equipped for human habitation, a or ing drawn by a motor vehicle and having no foundation other than Jacks, piers, wheels or skirtings and may be located only in a mobile home park and mobile home sales lot. Mobllehome Park - Any area or tract of land where one or more magi eT home I are sold, rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation, and includes mobilehome accommodation structures. The rental paid for any such mobilehome shall be deemed to include rental for the lot it occupies. Model Hare - A dwelling or residential building having all of the TU Tom`characteristics: - said dwelling 1s constructed upon a proposed lot previously designated as a model home site In a subdivision for which there is an approved tentative map, and for which a final map has been recorded. - said dwelling is intended to be•temporarily utilized as an example of the dwellings which have been built or which are proposed to be built 1n the same subdivision. Motel - The word Motel shall be referred to hereinafter as "hotel. inn, motor inn, or lodge." A building or group of buildings contain- 11 guest roonit or dwelling units designed, intended, or used prim- ar ly for the accommodation of transient automobile travelers; in- cluding but not limited to buildings or building groups designated as auto cabins, motor courts, or motor hotels. Motor Vehicle - A self-propelled device used or intended to be used or the traniportation of freight or passengers upon a street or highway, excepting a device moved by human power or a device used exclusively upon stationary rails or tracks. 25.2-14 Definitions (N) Net Area - The total horizontal area within the property lines of • jot or panel of land exclusive of all rights -of -way and all easements that physically prohibit the surface use of a portion of the property. n om W c141 - An enterprise or activity which is not normally conducted or profit or gain. NMfermina Structure - A lawfully established buildinngg or structure seas -does not conforms to the regulations of thin Ordinance.. 40 .car is designed for a use that does not conform to the regulations of this Ordinance, for the district 1n which 1t is located, either .i at the effective date of this Ordinance, or as the rebult of sub- sequent amendmMts to this Ordinance. 15.2 (11) Mnneeoonnfb��r�m�im Use - The lawfully established use of a building, structure, or laid that does not conform to the use regulations of this Ordinance for the district in which it is located, either at the effective date of this Ordinance, or as the result of subsequent ea>lnOma is to this Ordinance. 2S.2-15 Definitions (0) Office - The following types of uses are typical office functions: Agricultural, business, and personal credit services; security and commodity brokers, dealers, exchanges, and services; employment services; Insurance carriers, agents; brokers, and services; real estate and related services; holding and investment companies; advertising services; consumer and mercantile credit reporting services; adjust- ment and collection services; direct mail advertising services; stenographic services and other duplicating and wailing services; news syndicate services; business and management consulting services; detective and protective services; motion picture distribution and services; physician services; dental services; legal services; engineering, architectural, and urban planning services; and office activities only of business organizations in- volved in manufacturing wholesale and retail trade, C transportation, communication and utilities, public and semi-public. Open Space Devel - Open space substantially free of structures buu%osib y containing improvements which are part of Development .Plan or are appropriate for the residents of any residential development. Open Space. Natural - Any parcel of land or crater which is essentially unimproved and devoted to an open space use. 25.2-M Definitions (P) Parcel - the saw as "tot'. Parties Area rivate - An area, other then a street, designed or used pr war or parking of private vehicles and not open b general public use. brklas Area Public - An arm, ether than a private parking area orstreet, use or the parking of vehicles and available for 9aeerat public me, either free or for remuneration. iii:f4 Area Re eted - An area used for parking vehicles on a aewl:peraanen s s and not available to the Ware) public for .4 horny or day -today parking. 25.2 (12) Parkano Stall - The space within a building or a private or public parking area, exclusive of driveways, ramps, columns, office and working areas, for the parking of one automobile, not less than twenty feet in length and not less then nine feet in width. Pedestrianwa y- A right-of-way for pedestrians, free from vehicular traffic and including access ramps, stairs, and mechan- ical lifts and routes through buildings which are available for public use. Pat 1. An access way to accommodate pedestrians, bicycles-, and e ectr c carts. Planned Develo +Went - A development of parcels of land as a coordinated project which has been developed according to an approved Development Plan. Adequate control of the development is provided, in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Planned developments may be either residential, commercial, or industrial in nature or a combination of any two or more. Planned Street Line - the planned right-of-way for a major or secondary highway or traffic collector street. A yard abutting such a highway or street shall be measured from this planned C right-of-way line., _ Pool - Any structure used for swimming or bathing, or wading or as a fish pond or similar use. See also Swimming Pool. Private - Belonging to, or restricted for the use or enjoyment of particu ar plrsons. ._ Public Safe!zArea - A strip of land adequate in width adjacent to and pars- llel with a street right-of-way. Public Ka - Any street, alley, pedestrianway, pathway, channel, viaducts subway, bridge, easement, right-of-way or other way in •which the public has a right of use. 25.2-17 Definitions (0) (Reserved) 25.2-18 Definitions (R) Mifstate�ract Sales Office Estate_ Tract Sales Office - A temporary use of a building for so purpose o selling tract residences within a particular subdivision or series of subdivisions. 26•.2 (13) A teereational_Vehicle - A travel trailer, pickup camper, or motorized RiCwith or without motive power, designed for human habitation for recreational or emergency occupancy. Pastaurants, Take -Out - Any commercial establishment serving food orGrin s, outing provisions encouraging consumption of food or beverages at have or on other premises which do not serve people directly in automobiles. Retail - TM selling of goods, wares or merchandise directly to }lie RIJIate consumer. ` Rid�nd Hikin Trails - A trail or way designed for and used by equestrians, pedestrians, and cyclists using non -motorized bicycles. + Right -off -Ma - An area or strip of land, either public or private, on which -i right of passage has beefi=recorded. 25.2-19 Definitions (S) Saliva a_ Any article or material which is to be or intended to be �iised or saved from destruction. C Sanitarium Health - An institution where patients, other than mental or drug addict patients are housed and where medical or post -surgical treatment is provided: Sanitarium Mental - An institution for the recuperation and treat- ment of v c •ms or mental disorders or drug -addiction. Scenic Highway - Any highway designated a scenic highway by an agency of County, State or Federal Government. Service - An act, or any result of useful labor, which does not, in�self, produce a tangible commodity. Setback Area - The area between the building line and the property ne, or en abutting a street, the ultimate right-of-way line. Setback Distance - The distance between the building line and the r y line, or when abutting a street, the ultimate right-of-way ine. IP o�In aterater - An integrated development of retail and servace commercial activities on one lot of land sharing common parking facilities and serving a wide spectrum of community shopping needs. i 25.2 04) t Sidewalk -'That portion of a thoroughfare, other than a roadway, set apart by culls, barriers, markings, or other delineations for pedestrian travel. Se also Pedestrianways. M- Any device used for visual communication or attraction, V;ing any identification announcement, declaration, demonstration, display, illustration, insignia or symbol used to advertise or promote the interest of any person; together with all parts, materials, frame and background. •Sign" and "Advertising Device" shall not include the following for purposes of this Ordinance: (a) Official notices issued by any court or public body.or officer; (b) Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice; . (c) Directional, warning, or information signs or structures required by or authorized by law or by Federal, State or _ County authority: ` (d) The flag of the State of California or of the United States of America or any official flag of any other state or country. ecific Plan,- A definite statement adopted by ordinance of policies, standards, and regulations, together with a map or description defining the location where such policies, standards, and regulations are applicable pursuant to the requirements of the State Govgrnment Code. ` Stable Private - A building, or a portion of a building used to shelter and Teed equines which are used exclusively by the occupants of the property on which the stable is situated. Stable. Public - A stable other than a private stable. State - The State of California Story► - That portion of a building Included between the upper surface . EtY oor and the upper surface of the floor next above, except topmast story shall be that portion of a building included. he upper surfaco of the topmost floor and the coiling or root above. rer r Ili hwa - A public or private vehicular right-of-oy other n an a ey. • A high-speed divided arterial -highway for through a c w�1th full control access and grade separations at .i 15.2 (15) w major -intersections. A freeway has emergency parking only and no parallel and perpendicular pedestrian movements. _Pa___r___k__w�ay - A relatively low -speed arterial highway abutting anrdi-stributin99 trips to a variety of land uses. This facility primarily serves short range trips. A parkway has emergency parking only and will have considerable parallel and perpendicular pedestrian movement. Community Collector - A medium speed highway abutting similar aTnd uses. The prTmery function is to collect and distribute • trips within a hierarchy of roads and, secondarily, to carry short trips between adjacent neighborhoods. A.community collector has emergency parking only'and has a significant amount of parallel and perpendicular pedestrian traffic. Loin Street - A low -speed, W-volume highway primarily for access to residential, business, and other abutting property. A local street has parking and significant amount of parallel and perpendicular pedestrian traffic. Street Zenter Line - The center line of a street right-of-way as established by Official survey. Street Ooenina - A curb break, or a means, place, or way provided ro—F Itre purpose of gaining vehicular access between a street and abutting property. Structure - Anything constructed or erected requiring a fixed oT�%n on the ground or attached to something having a fixed location on the ground except business signs and other -improvements of a minor character. Structural Alterations - Any change in the supporting members of a Wilding- ors rue ure. Swimm�min Pool - An artificial body of water having a depth in excess or i8- inches, designed, constructed and used for swimming, dipping or immersion purposes by men, women or children. 25.2-20 Definitions (T) Townhouse Develoamment - A cluster development consisting of attached Iwo -story owelling units. 2$.2-tt fini i�p"s (U) - 111tivate MOt-of-ft - the right-of-way shown as ultimate on an a op Precise Man of Highway Alignments or the street rights- of-wr shown within the boundary of -a recorded tract maps a recorded parcel map, or a recorded Development Plan. The latest adopted 1-4 C or recorded document in the above cases.shall take precedence. If non of these exist, the ultimate right-of-way shall be considered the right -of -war required by the highway classification as shown on the Nester Plan of Arterial Highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right- , of -May. Use - The purpose for which land or a building is occupied, arranged, signed or intended, or for which either land or building.is or mar be occupied or maintained. Use Accessooi: - A use customarily incidental and accessory to the principal use of the land or building site, or to a building or other structure located on the same building site as the principal use. Use Principal - The main purpose for which land or a building is occup�c, al rranged. designed or intended, or for which either land or building is or may be occupied or maintained. Use Temporary - A use which is required for the proper function of e community or temporarily required in the process of establishing A permitted use; or construction of a public facility.* Such use shall be permitted only after the issuance of a Temporary Use. t Permit as established by the provisions of this Ordinance. 25.2-22 Obfinitions (V) Vehicular Accessway - A private, non-exclusive vehicular easement affording .access to abutting properties. Vehicle Commercial - A vehicle, which when operated upon a highway iirequired o be registered as a commercial vehicle by the California Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation or profit or designed, used primarily for the transportation of property. 25.2-23 •Definitions (W) Wholesale - A business establishment engaged in selling to retailers or Jb�ers, rathdr than consumers. Wi!M Wall - An architectural feature in excess of six feet in height which is a continuation of a building wall projecting beyond the exterior wells of a building. 25.2-24 pefinitions M 2s.2 (17) .0 r . { ELMS De,finitions (Y) Yard - Any open space on the save lot with a building or dwelling group, which space is between the setback lines and the tot lines of the parcel or the planned street line and is unoccupied and unobstructed except for the projections permitted by this Ordinance. 2S.2-W Definitions (Z) Zone - A zoning district, as defined in the State Conservation and Wining Act, shown on the Zoning Map to which uniform regulations apply. ZoninQ Ordinance or this Ordinance - The Comprehensive Zoning Ordinance or the city or Falm esertt Zoning - The Official Zoning Map of the City of Palm Desert, WZ Ts a part of this Ordinance. C' ARTICLE 2S.3 NATURE AND SCOPE OF THE REGULATIONS 2S.3-1 Scope of Regulations This Chapter is adopted to accomplish the stated objective of and to implement the General Plan of the City of Palm Desert. To accomplish these objectives the City of Palm Desert shall regulate the use, location, area and dimension of sites for development; the bulk and height of structures, the appearance of certain uses, structures, and signs, open space, landscaping, access and egress, off-street parking, and other such aspects of land use which may be deemed necessary for the -public peace, health, safety, and general welfare of the people working and living within the City of Palm Desert. 0.3-2 Authority for the Reaulations The authority for the regulations contained within this Ordinance 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 use, and the adoption of standards for the regulation of population density; and the police power granted to municipalities by the laws of the C State of California. 25.3-3 Repeals All ordinances and parts of ordinances inconsistent with the pro- visions of this Chapter are hereby repealed insofar as they are inconsistent with the provisions hereof. .City Ordinances Totally Repealed No. -4 -54 •27 -56 032 -72 a34 -41 -42 City Ordinance Ni. 1 is repealed to the extent that it references Como Ordinance No. 346. � '2i � ��.: •i C' . � 1 .A' mil. �',. yC' $� .. •�� • '•iA� ARTICLE 25.4 INTERPRETATION OF THE REGULATIONS 2S.4-1 Regulations as Ninimun Standards The regulations within this Chapter represent minimum standards and provisions except as otherwise specified for the development and use of land and structures. 25.4-2 Regulations: Relation to Private Agreements The provisions of this Chapter are not intended to revoke any easements, codes, covenants and restrictions or other existing agreements which are more restrictive than the provisions of this Ordinance. 25.4-3 Regulations: Relation to Less Restrictive Regulations Nhenever the provisions of this Chapter 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 Chapter or the rules or regulations included within this Chapter shall govern. C 25.4-4 Relationship of Each Section to the Validity of the Ordinance If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by . any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such determination shall not affect the validity of the remaining portions hereof. .�. 15.4 (1) .i ARTICLE 25.5 APPLICATION r tS.5-1 All Lands within the Corporate Limits The provisions of this Chapter are declared to be in effect upon all land within the incorporated jurisdiction of the City of Palm Desert as exist or is hereafter changed by annexation. 25.S-2 Relationship to Prior Ordinances My building for which a building permit has been issued and valid under the provisions of earlier Ordinances of the City which are in conflict with this Chapter, may be continued and completed in accordance with the plans and specifications upon which the permit was issued. 25.5-3 Continuation of Previousl Granted Variances _Conditional use Permitl, erm s, Licenses Notwithstanding the provisions of this Article or any other provisions of this Ordinance, no new or additional variance, conditional use permit or license shall be required for any land use heretofore authorized by the City of.3alm Desert or the County of Riverside by a variance, conditional use permit, building permit, license, or tentative or final tract map, provided there has been substantial reliance upon the above mentioned ..governmental entitlement, and provided further that conditions thereof are complied with and that substantial construction has begun on a the portion,of project. 25.5-4 Procedure Warding Pending Procedures The repeal or substitution of any Ordinance shall not affect any prosecution which my be pending in any court for the violation of any provision of said ordinance at tine of said repeal or substitution. 25.5-5 Violation of Previous Ordinances The substitution or repeal of any Ordinance shall not be 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 said ordinance prior to the taking effect of this Chapter. 25.5-5 Conviction of Crimes Continued Any Ordinance to be repealed or substitdted by this Chapter shall be deemed to continue and be to full force and effect for the purpose of prosecuting and meeting punishment for any violation presently vending ie any court. - OR B C ARTICLE 25.6 ESTABLISHMENT OF DISTRICTS 25.6-1 Intent and Puraose In orde* to classify, regulate, restrict and separate the use of land, buildings, and structures and to regulate and to limit the type, height and bulk of buildings and structures in the various districts and to regulate the areas of yards and other open spaces abutting and between buildings and structures and to regulate the density of population, the districts delineated below are established. 25.6-2 Types of Districts - 25.6-2.01 Base Districts Agricultural (A) Residential - Estate (RE) Residential - Single Family (Rl) Residential - Single Family R2 Residential - Multi -Family R3 Residential - Mobile Home Park and Mobile Home Subdivision (RM) Residential - Planned Development (PR) General Commercial (C-1) ^ C. Planned Commercial Development (PC) Service Industrial (SI)' Planned Industrial/Business Park/Office Development (PI) - Open Space (OS) _ -Public/Institutional (P) 25.6-2.02 Combinino/Overlay Districts Drainageway, Flood Plain, Watercourse (D) Seismic Hazard (SH) Natural Factors/Restricted Development (N) Hillside Development (H) Scenic Preservation (SP)