HomeMy WebLinkAboutORD 95ORDINANCE N0. •�'
All ORKWANCI Of TUB CITY OF PAIX DESERT, CALIFORNIA,
ADOPTING CHAPTER 25 SECTIONS 16.16 • 15.18 OF 'CHI
PALE DESERT MUNICtPlL CODt,
The City Coumeii of the City of Pals Desert, California,
Don HERESY ORDAIN as follows:
SECTION It Sections 25.15 - 2S.18, attached hereto and
labeled Exhibit "A". and all revisions thereto, labeled
Exhibit " r. 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 Palm
Desert Post, a newspaper published and circulated within the
City of Palm Desert. California and the same shall be in force
and effect thirty (30) days after adoption.
PASSED. APPROVED. and ADOPTED this iith day of December
1975. by the following vote:
AYES: ASTON, BENSON, BRUSH, McPHERSON 1t CLARK
NOES: NONE
ASSENT: NONE
ABSTAIN: NONE e
ATTEST .
/ City of Walt sort, California
A
i ARTICLE 25.15 COMMERCIAL DISTRICTS
ts.15-1 Intent and•Puraose
The cowaerciai districts are included in the zoning regulations
to achieve the following purposes:
To provide appropriately located areas for retail stores,
offices, service establishments, amusement establishments,
and businesses, offering commodities and services required
by residents of the City and its surrounding mark A area.
- To provide opportunities for retail stores, offices, service
establishments and amusement establishments to concentrate
for the convenience of the public and in mutually beneficial
relationship to each other.
To provide adequate space to meet the needs of modern
eowaercial development, including off-street parking and
truck lading areas.
• To jinimize traffic congestion and to avoid the overloading
of utilities by preventing the construction of buildings of
excessive size in relation to the amount of land around them.
- To protect commercial properties from noise, odor, dust,
C dirt, smoke, vibration, heat, glare, heavy truck traffic,
and other objectionable influences incidental to industrial
uses.
• To protect commercial properties from fire, explosion,
noxious fumes, and other hazards.
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ARTICLE tS.l6 GENERAL COMMERCIAL DISTRICT (Cl)
j tS.16-1 Intent and Purpose
The intent and purpose of this district is to provide a principle con
area where a series of specialty and general commercial shopping facil-
Ities which are inherent within a resort community can be found by the
residents of the City of Palm Desert.
tS.16-2 Permitted Uses
The following uses and structures shall be permitted:
- Accessory buildings and structures;
- Assembly, production, and storage of products normally sold or
distributed from the place of business, if conducted within a
completely enclosed building, within the intent and purpose of
this district;
- Medical offices and clinics;
- Offices, governmental, professional. administrative, and gen-
oral business;
- Other commercial uses as determined by the Planning Commission
which are deemed to enhance the character of the community.
C - Personal -services including but not limited to barber or beauty `
shops, tailors, and dressmaking shops;
- Retail uses, including but not limited to, apparel. furniture,
appliances and other major household articles, variety goods,
sporting goods, stationery, toys, art goods, flowers, and other
` plants and boutiques.
16.16-3 Conditional Uses
The following uses shall be permitted subject to a Conditional Use Permit:
- Accessory structures and uses located on the same -site as the
conditional use;
- Asusaaent and recreation establishments including but not limited
to thestersi
- Automobile service stations, as specified in Section t6.32-91
- 6+bary stored .i
- NospitalI
- Motels, rot excooding 11 units per screl
t6.16 (1)
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Liquor stores;
• lbrtuary;
- "lit utility installation
• Restaurants (except for drive-in or drive-thru);
2S.16-4 Uses Prohibited
The following uses are specifically prohibited in the ueneral Commercial
District: '
- Residential uses;
- Industrial uses.
1S.16-5 Development Standards
25.16-5.01 Minimum Lot Area
Ten thousand (10.000) square feet.
25.16-5.02 Minimum Lot Width
Eighty (80) feet.
25.16-5.03 iilinimum Lot Depth
One Hundred (100) feet.
RS.16-5.04 Minimum Street Frontace Setback
Five (5) feet.
25.15-5.05 Maximum Building Height
Two stories or thirty (30) feet, whichever is less:
26.16.6-06 �Mximum Building Site Coverage No axiom.
26.16-5.07 Off -Street Parking and Loading Reguirements
All develalment shall comply with the provisions of Article 25.33 of this
Ordinance. -
25.16-6.08 1 t •
Ail development shall comply with the provisiais of Article 25.32-6 of.3his
•� Ordinance.
15.16 (2)
i AKNi1FO BY ORDINANCE 1281
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1S.16-S." Trash Handlina
A trash enclosure shall be provided for all uses, unless the proposed
location of the trash area is completely enclosed by wails or buildings.
No free standing trash enclosure shall be constructed. No trash shall
be allowed to extend above or beyond the enclosure.
2S.16-5.10 Signs
All signs shall be in compliance with Article 25.38.
25.16-5.11 Provisions for Site Plan Review
All development shall be subject to site plan review as prescribed in
Article 25.39-2
25.16-5.12 Special Standards -
(1) All uses shall be conducted wholly within enclosed buildings
except those specifically approved to be conducted in the open.
(2) Mhe. the General Commercial District abuts a residential dii-
trict,•a fence or wall six (6) feet in height shall be locate'T
adjoining the property line except adjoining a required front
yard. AllGeneral Commercial District property lines
adjoining -a residential district shall be landscaped with plant
materials for an area ten (10) feet in depth.
(3) All non -paved areas shall be landscaped and treated or main-
tained to eliminate dust.
(4) Nherever off-street parking areas are situated across the
street from property in a residential district, a masonry
wall or berm three (3) feet in height shall be erected within
the required landscape area to adequately screen the
residential properties.
(5) The noise level sminating from any commercial use or
operation shall not exceed sixty-five (65) decibels, as per
Occupational Safety and Health Act of 1970, above the
aabient Leval of the area.
(6) All mechanical equipment, including heating and air condi
tioning units, shall be completely screened from surrounding
p
rop rtiebn auiTdingse of a wall or fence or shall be enclosed
with
11.16 (3) .a
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ARTICLE MIS PLANNED COMMERCIAL DISTRICT (PC)
C 25.18-1 Intent and Purpose
It is the purpose of the "PC" District to provide for flexibility in develop-
, scent, creative and 'imaginative design and the development of parcels of land
as coordinated projects to provide a range of commercial centers in the City
of Palm Desert. These range from the specialty center, designed to serve
developments which have unique commercial needs to a regional center which
caters to the regional retail needs of the area. The "PC" District is also
established to give a land developer assurance that inn-:vative land develop-
ment techniques will be given reasonable consideration for approval and to
provide the City of Palm Desert with assurances that the completed project
will contain the character envisioned at the time of approval.
26.18-2 Uses Permitted by Approved Development -Plan or Conditional -
Use Perinit
- Specialty Commercial Center
medical related offices and research facilities, hotel _
facilities, and ancillary convenience commercial uses;
- assort Center
C : - hotels and related ancillary commercial uses, entertainment `
facilities, and restaurants, except drive-in or drive-thru;
- District Commercial Center
= such uses include but are not limited to supermarkets,
professional offices, variety store, drug store, banks, hotel,
and restaurants, except drive-in or drive-thru;
- Regional Center
• such uses include but are not limited to supermarkets,
department stores, banks, variety stores, professional
offices, restaurants, except drive-in or drive-thru, and
general retail uses
26.18-3 Application Procedures
25.18-3.01 Pre -filing Procedure
►rice to the submittal of the complete official application, an applicant must
;:.file a preliminary draft of the required documents and stretch plans for
the protect with the Director of Environmental Services for review. It
she?.? be the rnbonsibility 6f the Director of_ Environmental Services to
contact interested department and agency personnel regarding necessary,,��eeating$
with the applicant. After review, the Director of Environmental Servilbs
26.18 (1)
shall furnish the applicant with written comments regarding the project,
( including appropriate recommendations to inform and assist the applicant
prior to preparing the final components of the application.
tS.19-3.02 Fili�Procedure
To initiate the review process, the applicant shall file a petition
for a change of zone to a "PC" District along with a Development Plan
and supporting documentation as required in Section 25.1& 5 with the
Planning Commission through the Planning Division office of the Department
of Environmental Services. The Planning Commission shall h-Id a public
hearing to consider the petition for a change to the "PC" District and
the accompanying Development Plan. The change of zone and accompanying
Development Plan shall be subject to approval by Ordinance of the Palma
Desert City Council.
~ 25. 184 Rezoning Development Plan Requirements
Plan Requirements
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The Planning Commission may initiate at its descretion the rezoning of
properties, according to the provisions of Article 25.39-8 of this
Ordinance. In uses of City initiated rezoning, the change of zone peti-
tion may be processed alone; an approved Development Plan shall be re-
quired pr%r to any development.
Rezoning initiated by a property owner (other than the City of Palm Desert)
must be accompanied by a Development Plan as a part of the change -of -zone
application. Except as specified above, the following materials shall be
submitted with all applications:
25.13 4.01 Development Plan
A Development'Plan shall be filed with the rezoning request for the
entire property. The Plan shall set forth the following:
1. Written Documents
(a) Legal description of the total site proposed for development,
including a statement of present and proposed ownership.
(b) A statement of planning objectives to be achieved by the
project through the particular approach proposed by the
za plicant. This statement shall include a description of the
character of the proposed development and the rationale behind
the assumptions and choices made by the applicant.
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(c) A preliminary development schedule indicating the proposed phasing program and the approximate date
when construction of the project or the stages of
the project can be expected to begin and be completed.
(d)' A stitement of the applicant's intentions with regard to
the future selling or leasing of all or portions of the
project.
W- Quantitative data for the following: total number and type
of uses and structures; parcel size, proposed lot coverage of buildings and structures; approximate gross floor area of
structures; total amount of landscape area including the pre-
cise amount of landscaping; total, amount of -accessory use con-
struction including justifications of ancillary character of
said construction; written indication of compliance or non-
compliance to established tandards of this article; economic
feasibility studies (if a0ilable) and other studies as required
by this Ordinance.
2. Site Plan and Supporting Maps
(a) The existing site conditions including contours at not more
than two -foot intervals, water course, flood plains, unique
natural features and any forest cover.
C (b), Proposed lot lines and plot designs.
(c) The location and floor area size of all existing and
proposed buildings, structures and other improve-
ments including maximum heights, types of uses, and pre-
liminary architectural renderings of typical structures.
(d) The location and size in acres of square feet of all areas
to be conveyed, dedicated, or reserved as streets, open
spaces, public parks, recreational areas, school sites, and
similar public and semi-public uses.
(a) The existing and proposed circulation system♦ of arterial,
collector, and local streets including off-street parking
areas, service areas, loading areas, and major points of
access to public rights -of -way. Notations of proposed ownership -
public or private.
.(f)• The existing and proposed pedesTrian circulation system, including
its interrelationships with the vehicular circulation -system.
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PLANNED COMMERCIAL (PC)
r (g) The existing and proposed utility systems.
(h) A general landscape plan indicating the treatment
of materials for open areas.
(i) Preliminary grading plan.
(j) Enough information on lands adjacent to the project to indicate
the relationships between the proposed development and adjacent
areas.
M The proposed treatment of the perimeter of the project including
materials and techniques used such as mounding, screens, fences
and wells.
(1) Sign program for the total center.
(m) Any additional information as required by the City necessary to
evaluate the character and impact of the proposed development.
(n) The above information must be -submitted for all of the land
intended to be included in the application. Where projects are
developed in stages, the detail information shall be submitted
for those stages to be developed immediately. Sketch plans
including the bare essentials - land uses, gross floor area,
site design, adjacent uses, circulation, shall be submitted for
the remaining lands to be developed in future stages of the
project. Subsequent phases shall be evaluated in terms of these
plans. If substantial deviation exists, the applicant shall
file all the information as required above for the subsequent
phases as an amended Development Plan.
25.18-4.02 Amendments to Development Plan
Minor changes in the location, siting, and height of buildings and
structures may be authorized by the Planning Commission without adds-
tional public hearings if required by engineering or other circumstances
-not foreseen at the time the development plan was approved. No change
authorized by.this subsection may cause any of the following:
(1) A change in the use oP character of the development.
(2) An increase of greater than ten (10) percent in overall
coverage of structures.
(3) An increase in the intensity of use.
(4) An Increase in the problems of traffic circulation and public
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PLANNED COMMERCIAL (PC)
C (6) A reduction of more than ten (10) percent of the area shown
as landscaping.
(6) A reduction of more than ten (10) percent of the approved off-
street parking.
(7) A reduction in required pavement widths.
All other changes in use, or rearrangement of lots, blocks, and building
tracts, 4r any changes other than listed above must be made by the City
Council after a recommendation by the Planning Commission.
25.18-4.03 Design Review of Protect
Within one year following the final approval of the development plan,
the applicant shall file for the Design Review of the project by filing
the information required in Section 1z 39-2.03. The Design Review process,
in addition to its normal finding, !hall deem the precise construction
plans in substantial compliance with the development plan, provided modi-
fication by the applicant does not involve a change of one or more of the
following:
(1) Violate any provision of the Zoning Ordinance.
(2) Vary the lot area requirement by more than ten (10) percent.
C(3)• Involve &'reduction of more than ten (10) percent of the area
reserved for landscaping.
(4) Increase or decrease the floor areas proposed by more than
ten•(10) percent.-
(5) Increase the total ground area covered by buildings by more
than five (5) percent.
If it 1s determined that the pplans are not in substantial compliance,
a new development plan shall be processed through the City.
25. W4.04 Development Plan Processino as Separate Matter
Mhen the City has initiated the rezoning procedures and has established a
"PC" zoning designation on property, no development shall occur on said
property until a development plan has been processed and approved by the
City. Said plan shall be processed as a Conditional Use Permit by the
procedures established in this Ordinance r The submitted requirements
shall be as specified in Section 26.16-4.01.
PLANNED COMMERCIAL (PC)
IS.lt-S Development Standards Applicable
All areas on the Development Plan shall be subject to the standards
of development for "PC" Districts set forth in this Article of this
Ordinance and any standards designated in the Development Plan as
approved.
2S.184.01 General Standards
(1) Required Landscaping
15% of the entire site shall be landscaped unless otherwise
specified. Landscaping within required setback adjacent to
public rights -of -way shall -be provided and maintained in
perpetuity subject to the following conditions:
- A distinct demarcation between asphalt paving and land-
scaped area shall be provided through the use of maintained
turf, maintained aggregate, or other means of landscaping
(plantings, rock walls, etc.)
- terming (undulating or embanked) shall be uired with a
minima variation of elevation being thirty (30) inches.
- An automatic underground sprinkler system for landscaped
area shall be provided.
• No ather usage or storage is permitted within required
landscaped area.
(2) Perimeter Screening
` All developments shall be screened accordiny•to one of the
following alternatives:
• A masonry wall at a minimum height o%f seven (7) feet
shall be provided along all property lines except for
those adjacent to public rights -of -way, in which case
a setback of twenty (20) feet will be maintained.
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- An opaque hedge row at a minimum height of seven (7) feet
shall be provided along all property lines except for those
adjacent to public rights -of -way, in which case a setback
of twenty (20) feet will be maintained (con n perimeter
screening between adjoining properties is allowable upon
mutual consent of the respective owners). Planting materials
used for perimeter screening shall be the type which shall
within eighteen (18) months after property development, pro-
vide the intended screening effect.
- Perimeter screening will not be required if deemed unnecessary
by the Design Review Board, based upon their approval of
submitted development and landscaping plans which establish to
its satisfaction that attractive development will occur in
keeping with the intended residential/resort/recreational
nature of the community.
(3)
Orf-Street Parking and Loading Requirements
All parking and loading shall comply with the provisions of
Article 25.33 of this Ordinance.
(4)
Utilities
See Article 25.32-6.
(6)
Trash Handling
A trash enclosure will be provided for all uses, unless the
proposed location of the trash area is completely enclosed
b�r walls or buildings. No trash shall be allowed to extend
above or beyond the enclosure.
All developments hereafter approved shall include a require-
ment for a master trash disposal agreement for the total com-
plex to guarantee uniform trash pick-up for•the total center.
(6)
VMS
All signs shall be incompliance with Article 15.38.
A nximn of two (2) entrances per property will be allowed
subject to their conformance with acceptable circulation
'patterns and traffic control measures.
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15.18(7)
(AMENDED BY ORDINANCE 128)
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PLANNED COMMERCIAL (PC)
(e) Outside Storaoe-_
No outside storage shall exceed the height of actual
perimeter screening.
(9) Maintenance
- All structures will be maintained in a neat and
— orderly manner.
- All permitted signs will be maintained in a neat
and orderly manner.
(10) Site Plan Review
~ Site Plan Review as prescribed in Section 25.39-2
shall be required before Oguilding permit shall
be issued.
(11) Sidewalk and Pedestrian Access
If other than normal City requirements for sidewalks
and pedestrian access is desired, it shall be
approved as part of the Development Plan.
2S.18-5.02 Specialty Commercial Center Standards
Specialty Centers are established to provide the specialized
needs of locations in the City of Palm Desert created by
their proximity to particular land uses.
(1) Site Requirements
(a) The minimum site size shall be four (4) acres
and the maximum site size shall be ten (10) acres.
(b) Maximum building sift coverage shall be forty
(40) percent of the net area of the site.
(c) Maximum Buildin ana for an one commercial
enterprise shall bt thirty thousand (30,000)
square feet.
(2) . t�ks •
A minimum twenty (20) foot building setback shalt be
maintained from all property lines with the following _
excoptionsi
(a) it the subject site is adjacent to a eonweially
or industrially zoned parcel, no setback shall be
required betwttm said -parcels subject to the require -
manta of the Palm Desert Building Code.
25.18 (8)
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PLANNED COMMERCIAL (PC)
(b) No commercial structure shall be located closer to an
adjacent residentially zoned parcel than a distance equal
to twice the height of the commercial structure.
(C) Setbacks from streets shalt be a minimum of twenty-five (25)
feet from the planned street line.
(3) Maximum Building Height
The maximum height for all buildings shall be 25 feet or two
stories, whichever is less.
(4) Streetside Setback Area
The entire area along a street between the property line and the
setback line shall be landscaped to a minimum depth of ten (10)
feet. Landscaping in these areas shall consist of an effective _
combination of street trees, trees, ground cover and shrubbery
and may include such items as sidewalks, access driveways, flag
poles, fountains, and other similar appurtenances.
25.18-5.03 Resort Center Development Standards
The resort center concept is established to provide for the development of
low-rise, bungalow scale hotel facilities with related commercial, enter-
tainment, and restaurant facilities particularly for that area along
Highway 111 westerly of the Palm Valley Channel.
(1) Site i eguirements
(a) The minimum site size shall be four (4) acres.
(b) Hotels shall have a maximum density of 30 units/acre.
(2) Setbacks
Front Yard - Thirty (30) feet.
Side Yard - Fifteen (15) feet.
Rear Yard - Twenty (20) feet.
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(3) Liaximum -fuildina Height
The maximum building height shall be thirty (30) feet.
16.18 (9)
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(4) Required Non -Building Area
(a) For hotels, a minimum of forty (40) percent of the site area
shall be developed as usable landscaped open space and
outdoor living and recreation area with an adequate irri-
gation system.
(b) For other uses, a minimum of twenty (20) percent of the
total site shall be in landscaping.
25.18-5.04 District Commercial Center Development Standards
District Commercial Centers are established to provide convenient shopping
ooppppoortunitief outside of the core commercial area. Future development in
.Pate
Desert will occur largely as a series of planned residential develop- -
ments and neighborhoods. The integration of small-scale commercial uses
into planned residential developments is recommended as desirable in relation
to providing a distinct identity to various residential areas and increasing
the convenience of commercial facilities to the market they most directly
serve.
(1) Site Requirements
(a) The minima site size shall be five (5) acres with
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maximum of fifteen (15) acres.
(b) The maximum building site coverage shall be fifty
(50) percent.
4c) The maximum building size for any one single commercial
. enterprise shalt be forty thousand (40,000) square feet.
(2) Setbacks
A minimum twenty (20) foot building setback shall be maintained
from all interior property lines with the following exceptions:
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15.16 (10)
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PLANNED COMMERCIAL (PC)
(a) If the site is adjacent to a commercially or
Industrially zoned parcel, no setback shall be
required between said parcels, subject to the
requirements of the Palm Desert Building Code.
(b) No commercial structure or other structure
combining commercial and residential uses (a
"joint use structure") shall be located closer
to an adjacent residentially zoned parcel than
a distance equal to twice the height of the
commercial or joint use structure.
(3) Maximum Building Height
The maximum height shall be thirty (30) feet.
(4) Streetside Setback Area
The entire area along a street between the property
line and the setback line shall be landscaped to a depth
Of twenty (20) feet. Landscaping in these areas shall consist
of an effective combination of street trees, trees, ground cover ad
shrubbery and may include such items as sidewalks, access drive-
ways, allowed signs, flag poles, fountains, and other similar
appurtenances.
25.18-5.05 Ronal Commercial Standards
The Regional Center is established to provide an unified area for commercial
uses which offer a wide range of goods and services including comparison
and convenience shopping, major financial and administration center,
entertainment, and cultural and recreational uses.
(1) Site Requirements
(a) The minimum site size shall be thirty-five (35)
acres.
(b) Veximmnm building site coverage of forty (40) percent.
- (2) Setbacks V
Street setbacks shall be a minimmmm of thirty (30) feet
from the planned street line.
(3) (laxlmum Building Height
Ileximum building height shall be thirty (30) feet.
25.16 (11)
PLANNED COMMERCIAL (PC)
(4) Streetside Setback Area
The entire area along a street between the property line
and the setback line shall be landscaped to a depth of
thirty (30) feet. landscaping in these areas shall con-
sist -of an effective combination of street trees, trees,
ground cover and shrubbery and may include such items as
sidewalks, access driveways, flag poles, fountains, and
other similar appurtenances.
(5) 20% of the entire property shall be landscaped unless
otherwise specified. -
2S.18-6 Exceptions
The above standards shalt be required unless modified by the approved
Development Plan. _
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25.18-7 Building Setbacks from the Planned Street Line
The mininum setback within the "PC" District shall be the designated
distances from the ultimate right-of-way line of the streets here-
inafter s1recified unless otherwise provided herein or in the approved
Developwnt Plan: -
C Freeway . - 50 feet _
• Major - 32 feet
Arterial - 32 feet
Collector - 25 feet
Local - 25 feet
26.1" Modifications
The Planning Commission and/or City Council may approve a Development
Plan only after finding that the requirements of this Ordinance and
other ordinances affecting the property have been satisfied. In grant-
ing such approval, the City Council may impose and enforce such spe-
cific conditions as to site development, phasing and building construc-
tion, wintenance and operation as it deems necessary to carry out the
prrposet of this Ordinance and the General Plan.
All deiretopmrent within the "PC" District shall comply with the Develop-
o"t Plan as approved and adopted by the City Council.
n.is (11)