HomeMy WebLinkAboutORD 1324ORDINANCE NO. 1324
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA APPROVING A COMPREHENSIVE ZONING
ORDINANCE AMENDMENT TO CHAPTER 25.02, 25.04, 25.10, 25.16,
25.22, AND 25.28 OF THE CITY'S ZONING ORDINANCE TO BE
CONSISTENT WITH THE GENERAL PLAN. CASE NO. ZOA 17-105
WHEREAS, on November 10, 2016, the City Council of the City of Palm Desert
adopted a comprehensive General Plan update setting forth a 20-30 year vision and guiding
document for development of the City; and
WHEREAS, the adopted General Plan contains new land use designations that allow
for greater building height, mixed -use, and emphasis on connectivity between residential and
commercial land use; and
WHEREAS, in order to be consistent with the vision of the General Plan
comprehensive changes are required to the City's Zoning Ordinance; and
WHEREAS, of the City of Palm Desert, California ("City Council") did on the 22th day of
June, 2017, hold a duly noticed public hearing to consider the request by the City of Palm
Desert, and continued the request to their meeting of July 13, 2017; and
WHEREAS, the City Council did consider changes to the zoning ordinance at their
meeting of July 13, 2017, and in accordance with suggested changes outlined in the staff
report and corresponding memorandum for approval of the above noted; and
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 and recommended approval of the
request by the City of Palm Desert of the above noted; and
WHEREAS, the City Council of the City of Palm Desert, California has determined that
the amendments to Zoning Ordinance Chapters 25.02, 25.04, 25.10, 25.16, 25.22, and 25.28
of the Palm Desert Municipal Code are consistent with the General Plan; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find
the following facts and reasons to exist to approve said request:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California as follows:
SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing
recitals as its findings in support of the following regulations and further finds that the
following regulations are beneficial and appropriate to protect the health, safety and welfare
of the residents and businesses of Palm Desert within the City limits.
SECTION 2. Adoption of amendments to Chapter 25.02 "Introductory
Provisions" of the City's Zoning Ordinance as identified in Exhibit "A" attached to
this Ordinance.
ORDINANCE NO. 1324
SECTION 3. Adoption of amendments to Chapter 25.04 "Establishment of
Zoning District" of the City's Zoning Ordinance as identified in Exhibit "B" attached
to this Ordinance.
SECTION 4. Adoption of amendments to Chapter 25.10 "Residential Districts"
of the City's Zoning Ordinance as identified in Exhibit "C" attached to this Ordinance.
SECTION 5. Adoption of amendments to Chapter 25.16 "Commercial and
Industrial Districts" of the City's Zoning Ordinance as identified in Exhibit "D"
attached to this Ordinance.
SECTION 6. Adoption of amendments to Chapter 25.22 "Special Districts: of
the City's Zoning Ordinance as identified in Exhibit "E" attached to this Ordinance.
SECTION 7. Adoption of amendments to Chapter 25.28 "Overlay Districts" of
the City's Zoning Ordinance as identified in Exhibit "F" attached to this Ordinance.
SECTION 8. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof.
SECTION 9. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this ordinance in The Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be in full
force and effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 24th day of August, 2017, by the
following vote, to wit:
AYES: JONATHAN, KELLY, NESTANDE, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
AN C. HARNIK, MAYOR
ATTEST:
R LLIE D. KLASSE CITY -CLERK
CITY OF PALM DESERT, CALIFORNIA
Og-0�- r c) l GACityClrk\Gloria Sanchez\ORDINANCE \Ord No. 1324 - City Council Ordinance - Zoning Ord.doc
ORDINANCE NO. 1324
Symbol
Zoning District Name/Description
General Plan Land Use Designation
Implemented by Zoning District
PC-2
PC-3
PC-4
District Commercial Center
Regional Center
Resort 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
MU
Mixed Use 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
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:
04-31Page Chapter 25.04 Establishment of Zoning Districts
ORDINANCE NO. 1324
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:
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 district of
the adjoining property on either side of the centerline of the vacated or
abandoned street or alley.
Chapter 25.04 Establishment of Zonig Districts 04-41 Page
ORDINANCE NO. 1324
Exhibit C
Chapter 25.10 — Residential Districts
Sections in This ChaDter
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
manfucatored dwelling units and mobile homes for residential purposes on purchased,
rented or leased lots. The district is characterized as having moderated 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.
E. Multifamily Residential District (R-3). The intent of this district is to provide suitable
ow 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
too higher density residential development and mixed -uses in proximity to retail and
10-11Page Chapter 25.10 Residential Districts
commercial services. Buildings are organized around formal streetscapes with a variety
of plazas and other pedestrian amenites 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 — 40.0 du/ac), mixed housing types, and community facilities.
The district is charactersized 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
Special Use
Provisions
RE
R-1
R-2
I R-3
R-1 M
I HPR
I PR
Residential Uses
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
C
25.10.040.A
Chapter 25.10 Residential Districts 10-2 / Page
low
RDINANCE NO. 1324
Residential Zoning District
(P=Permitted; 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-1 M
HPR
PR
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
P
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
Agriculture -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 Public 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
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, educationa12
C
C
C
C
C
N
C
Institution, general2
N
N
N
C
N
N
C
10-31Page
Chapter 25.10 Residential Districts
ORDINANCE NO. 1324
Residential Zoning District
(P=Permitted; 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
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
25.10.040.1-1
Recreation facility, private
P
N
N
P
P
N
P
Recreation facility, public
C I
C
I C
C
I 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
C
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.E
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
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):
Chapter 25.10 Residential Districts 10-4 / Page
ORDINANCE NO. 1324
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 at densities between 7-40 dweliing
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:
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).
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.
10-51Page Chapter 25.10 Residential Districts
ORDINANCE NO. 1324
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:
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.
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
Chapter 25.10 Residential Districts 10-6 l Page
ORDINANCE NO. 1324
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 government 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
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.
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:
OR 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.
10-71Page Chapter 25.10 Residential Districts
ORDINANCE NO. 1324
2. Grading. Location of building pads and access roads shall be evaluated,
approved, or adjusted based on consistency with the following:
Preserved natural contours of the land to avoid extensive cut and fill
slopes to reduce the need for a staircase effect within developments.
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 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:
Precise Plan. The Commission and Council may approve a precise plan
of design through 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.
Previously Approved Existing Building Pads. If a property owner can
demonstrate that a previous building pad was aporoved by the City of
County before incorporation, a home and accessory structure(s) may be
built on a previously approved building pad without a public hearing. The
building size shall be limited to 35 percent of the lot, which may be
increased up to 50 percent with ARC approval. Enlarging a previously
approved existing building pad shall require a new public hearinig subject
of the provisions of this chapter.
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
Chapter 25.10 Residential Districts 10-8 / Page
ORDINANCE NO. 1324
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 principals 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
principals of the General Plan. To meet the guiding principals 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.
4. Provide population densities that support and encourage pedestrian activities
such as walking and bicycling; that are connected to, and in proximity of, civic
02-1/Page Chapter 25.02 Introductory Provisions
ORDINANCE NO. 1324
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 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.
iii. The layout of structures and other facilities shall effect a conservation in
street and utility improvements.
iv. Recreational areas, active and passive, shall be generally dispersed
throughout the development and shall be easily accessible from all
dwelling units.
v. Architectural unity and harmony within the development and with the
surrounding properties shall be attained.
B. Planned Residential District Standards.
10-91Page Chapter 25.10 Residential Districts
ORDINANCE NO. 1324
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:
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.
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 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.
Chapter 25.10 Residential Districts 10-10 / Page
ORDINANCE NO. 1324
A
so
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 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.
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.
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.
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.
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.
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 -
10-11/Page
Chapter 25. 10 Residential Districts
ORDINANCE NO. 1324
story, single-family detached buildings there shall be a minimum of 10 feet
between two-story elements.
10. Minimum common open space.
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.
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 public street of 25 feet with combination
of 6-foot masonry wall and landscaping to screen all recreation vehicles; 04
Chapter 25.10 Residential Districts 10-12 / Page
ORDINANCE NO. 1324
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
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:
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.
10-131Page Chapter 25.10 Residential Districts
ORDINANCE NO. 1324
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1
Chapter 25.10 Residential Districts 10-14 / Page
ORDINANCE NO. 1324
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ORDINANCE NO. 1324
Exhibit D
Chapter 25.16 — Commercial and Industrial Districts
Sections in This Chapter
25.16.010 Purpose
25.16.020 Characteristics of the Commercial and Industrial Districts ....................16-1
25.16.030 Allowed Land Uses and Permit Requirements......................................16-2
25.16.040 Specific Use Standards.........................................................................16-3
25.16.050 Development Standards........................................................................16-6
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 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 lots
16-11Page Chapter 25.16 Commercial and Industrial Districts
ORDINANCE NO. 1324
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 bicyclist, and that are
convieniently 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 facilties, 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 new regulations is subject to the requirements of Chapter 25.62
(Nonconforming Provisions).
D. Relation to Less Restrictive Regulations. Whenever the provisions of this title impose
more restrictive regulations upon buildings or structures and the use of them or the use
of lands or premises and require larger open spaces or yards or setbacks than are
Chapter 25.02 Introductory Provisions 02-2/ Page
ORDINANCE NO. 1324
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 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).
Chapter 25. 16 Commercial and Industrial Districts 16-21Page
ORDINANCE NO. 1324
Table 25.16-1: Use Matrix for Commercial and Industrial Districts
Commerciallindustrial District
(P=Permitted; A --Administrative Use
Permit; C=Conditional Use Permit;
N=Not Permitted)
Special Use
Provisions
OP
I PC-1
I PC-2
I PC-3
PC-4
SI
Residential Uses
Caretaker housing
N
N
N
I N
N
P
25.16.040.A
Condominium
C
C
C
I C
C
C
25.16.040.E
Dwelling, duplex
C
C
C
C
C
C
25.16.040.E
Dwelling, multifamily
C
C
C
C
C
C
25.16.040.E
Dwelling, single-family
C
C
C
N
C
C
25.16.040.E
Group home
C
C
N
N
C
C
25.16.040.13
Single -room occupancies
N
N
N
N
N
C
Homeless Shelter
N
N
N
N
N
P
Recreation, Resource Preservation, Open Space, and Public Assembly Uses
Amusement facility, indoors
N
N
C
I C
C
N
Amusement facility, outdoors
N
N
N
C
C
N
Community facility
N
N
N
N
N
P
Day care center
N
C
C
C
C
N
Emergency shelters
N
P
N
N
N
P
Entertainment facility, indoor
N
N
N
P
P
N
Entertainment facility, outdoor
N
N
N
P
P
N
Institution, educational
C
C
C
N
N
C
Institution, general
C
C
C
N
N
C
Institution, religious
C
C
C
N
N
C
Open space (developed or natural)
N
P
P
N
P
N
Recreation facility, commercial
N
N
P
P
P
N
Recreation facility, private
N
N
N
P
P
N
Theater/auditorium
N
N
P
P
N
N
Utility, Transportation, Public Facility, and Communication Uses
Commercial communication tower
C
C
C
C
C
C
25.16.040.0
Commercial parking lot
C
N
N
N
N
N
Public utility installation
N
N
N
N
N
P
Public facility (utility or service)
N
N
N
N
N
P
Utility facility
N
N
C
N
N
P
16-3/Page Chapter 25.16 Commercial and Industrial Districts
ORDINANCE NO. 1324
Retail, Service, and Office Uses
Adult entertainment
N
N
N
N
N
C
25.16.040.D
Ancillary commercial
A
P
P
P
N
A
25.16.040.E
Art gallery
A
P
P
P
P
C
Art studio
A
P
P
P
P
C
Bed and breakfast
N
A
A
A
A
N
Business support services
N
N
N
N
P
P
Convention and visitors bureau
N
P
P
N
P
N
Drugstore
N
P
P
P
N
N
Financial institution
C
P
P
P
N
N
Grocery store
N
P
P
P
N
N
25.16.040.F
Health club, gyms or studios
N
A
P
P
P
C
Hotel
N
A
A
A
P
N
Liquor store
N
P
P
P
N
N
Liquor, beverage and food items shop
N
P
P
P
P
N
Medical, clinic
P
P
P
P
N
N
Medical, office
P
P
P
P
N
N
Medical, hospital
N
N
N
N
N
C
Medical, laboratory
P
N
N
N
N
P
Medical office, accessory
N
N
N
N
N
P
25.16.040.G
Medical, research facility
P
P
N
N
N
C
Mortuary
N
N
N
N
N
P
Office, professional
P
P
P
P
P
P
Office, local government
P
P
N
N
N
P
Office, travel agency
P
P
P
P
P
N
Outdoor sales
N
A
A
A
A
A
Personal services
N
P
P
P
P
N
Restaurant
A
C
C
C
P
C
25.16.040.E / H
Retail
N
P
P
P
P
N
Retail, bulky items
N
P
N
P
P
N
Spa
N
P
P
P
P
N
Time-share project
N
N
N
C
C
N
Automobile and Vehicle Uses
Automotive rental agency N I P
I N I N I P
I P
Automotive gasoline station I N I C I C I C I N I C 1 25.34.090
Chapter 25.16 Commercial and Industrial Districts 16-41Page
ORDINANCE NO. 1324
Automotive service facility N I N C C N P 25.34.090
Automotive sales new and used (Outdoor / Indoor) N N N N N C
Automotive sales of accessory parts and supplies N N 1 N 1 P 1 P 1 N
Vehicle storage facility
I N
N
I N
N
N
P
25.16.040.1
Industrial, Manufacturing, and Processing Uses
Industrial planned unit development
N
N
N
N
N
P
Light industrial and research and development
N
N
N
N
N
P
Maintenance facility
N
N
N
N
N
P
Pest control facility
N
N
N
N
N
P
Preparation of foodstuffs
N
N
N
N
N
P
Production of home and office decor accessories
N
N
N
N
N
P
Warehouse or storage facility
N
N
N
N
N
P
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 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.
OR
16-5/Page Chapter 25. 16 Commercial and Industrial Districts
ORDINANCE NO. 1324
C
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 lots 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:
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
Chapter 25.16 Commercial and Industrial Districts 16-61Page
ORDINANCE NO. 1324
Local 25 feet
3. Where commercial districts abut a residential district, a fence or wall 6 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
Boundaries(decibels)
Lot Line of Use in the SI
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
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.
16-7/Page Chapter 25. 16 Commercial and Industrial Districts
ORDINANCE NO. 1324
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:
Table 25.16-4: Additional Setback in OP District
Height
Setback
Distance
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.
Chapter 25.16 Commercial and Industrial Districts 16-81Page
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o
ORDINANCE NO. 1324
Exhibit E
Chapter 25.22 — Special Districts
Sections in This Chapter
25.22.010 Purpose.................................................................................................22-1
25.22.020 Characteristics of Special Districts........................................................22-1
25.22.030 Allowed Land Uses and Permit Requirements......................................22-1
25.22.040 Development Standards........................................................................22-3
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: " F 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).
22-1IPage Chapter 25.22 Special Districts
ORDINANCE NO. 1324
imposed by other ordinances, the provisions of this title or the rules or regulations
included within this title shall govern.
E. Effective in Incorporated City. The provisions of this title are declared to be in effect
upon all land within the incorporated jurisdiction of the City as exists or is hereafter
changed by annexation.
F. Relationship to Prior Ordinances. Any building for which a building permit has been
issued and is valid under the provisions of earlier ordinances of the City which are in
conflict with this title may be continued and completed in accordance with the plans and
specifications upon which the permit was issued.
G. Continuity. Notwithstanding the provisions of this chapter or any other provisions of this
title, no new or additional variance, conditional use permit, or license shall be required
for any land use heretofore authorized by the City or the County by a variance,
conditional use permit, building permit, license, or tentative or final tract map, provided
there has been substantial reliance upon the governmental entitlement mentioned in this
chapter and, provided further, that conditions thereof are complied with and that
substantial construction has begun on a portion of the project.
H. Procedure Regarding Pending Action. The repeal or substitution of any ordinance
shall not affect any prosecution which may be pending in any court for the violation of
any provision of the ordinance at time of the repeal or substitution.
I. Violation of Previous Ordinances. The substitution or repeal of any ordinance is not
deemed to ratify or legalize any violation of any provision of such ordinance nor to affect
the prosecution or punishment of any person, firm, or corporation for any act done or
committed in violation of any provision of the ordinance prior to the taking effect of this
title.
J. Conviction of Crimes Continued. Any ordinance to be repealed or substituted by this
title is deemed to continue and be in full force and effect for the purpose of prosecuting
and meeting punishment for any violation presently pending in any court.
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 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
P• responsibility and authority to administer and enforce this title as follows:
02-31Pa9e Chapter 25.02 Introductory Provisions
ORDINANCE NO. 1324
Table 25.22-1: Use Matrix for Special Districts
Key:
P=Permitted; A --Administrative Use Permit;
C=Conditional Use Permit; N=Not Permitted)
Special Zoning
District
Special Use
Provisions
P
OS
Residential Uses
Condominium'
C
N
Dwelling, duplex'
C
N
Dwelling, manufactured'
C
N
Dwelling, mobile home'
C
N
Dwelling, multifamily'
C
N
Dwelling, second'
P
N
25.34.030
Dwelling, single-family'
C
N
Farmworker housing'
C
N
Group home'
C
N
Planned unit development, residential'
C
N
Recreation, Resource Preservation, Open Space, and Public Assembly Uses
Apiary
A
P
Botanical conservatory
A
P
Cemetery
C
C
Community facility
C
P
Crops and horticulture, limited
C
P
Historic landmark
P
P
Institution, educational
C
C
Institution, general
C
P
Institution, religious
C
N
Kennel
C
N
Library
A
P
Nursery
N
P
Orchard
N
P
Public park
P
P
Recreation facility, commercial
C
C
Recreation facility, private
C
N
Recreation facility, public
C
P
Stable, boarding
N
I C
Utility, Transportation, Public Facility, and Communication Uses
Chapter 25.22 Special Districts
22-2 1 Page
ORDINANCE NO. 1324
Key:
P=Permitted; A --Administrative Use Permit;
C=Conditional Use Permit; N=Not Permitted)
Special Zoning
District
Special Use
Provisions
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 Requirements'
Lot area (minimum)
None
None
Yard requirements
None
None
Building height, max
35'
30'
Notes:
1. Additional requirements may be required as part of
conditional use permit or administrative use permit approval.
0
22-31Page Chapter 25.22 Special Districts
ORDINANCE NO. 1324
Exhibit F
Chapter 25.28 — Overlay Districts
Sections in This Chapter
25.28.010 Purpose.........................................................................................................1
25.28.020
Senior Housing Overlay District.....................................................................1
25.28.040
El Paseo Overlay District...............................................................................4
25.28.060
Planned Community Overlay District..............................................................5
25.28.070
Freeway Commercial Overlay District............................................................ 6
25.28.080
Scenic Preservation Overlay District..............................................................7
25.28.090
Drainageway, Floodplain, Watercourse Overlay District.................................8
25.28.100
Natural Factors/Restricted Development Overlay District .............................10
25.28.110
Seismic Hazard Overlay District...................................................................10
25.28.120
Bermuda Dunes Airport Area.......................................................................12
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 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.
28-1IPage Chapter 25.28 Overlay Districts
ORDINANCE NO. 1324
1. Due to smaller unit and household sizes, project density (units per acre) shall be
determined by intensity (persons per acre) and age.
2. Overall project population shall be calculated according to the following factors:
Table 25.28-1: Persons per Unit in Senior Housing
Unit Size
Persons per Unit
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
P/A
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 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
Chapter 25.28 Overlay Districts 28-21 Page
ORDINANCE NO. 1324
6. Example of Density and Intensity Calculations. The following table illustrates how
I projects of different characteristics would calculate allowable density and
intensity limits:
Table 25.28-4: Examples of Density and Intensity Calculations
Project
Permitted Population
Permitted
Unit Size
Size
Units (assumes all 2 bedroom)
(without common dining)
Age 55-62
Age 62 +
Age 55-62
Age 62 +
(25% reduction)
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 less
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.
28-3/Page Chapter 25.28 Overlay Districts
ORDINANCE NO. 1324
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
5. Gift and accessories boutiques (including small antiques)
Chapter 25.28 Overlay Districts 28-41 Page
ORDINANCE NO. 1324
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 accompanied by
the required application form, master plan, submittal materials, and other information as
required by the Director.
D. Procedure.
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ORDINANCE NO. 1324
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.
The overlay zone and any master plan or other material approved as a part
thereof shall become null and void if the physical development of the district is
not commenced within two years from date of adoption of the resolution
establishing the zone.
2. An extension of time, not to exceed one year, may be granted by the
Commission when extenuating circumstances can be clearly shown by the
applicant. The request for an extension of time shall be submitted to the
Commission in writing prior to the expiration date and shall clearly state the
reasons why the physical development of the district has not commenced and
such overlay zone has not been utilized.
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.
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)
Chapter 25.28 Overlay Districts
-:r
28-6 / P a g e
ORDINANCE NO. 1324
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).
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
28-71Page Chapter 25.28 Overlay Districts
ORDINANCE NO. 1324
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.
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.
Chapter 25.28 Overlay Districts 28-8/ Page
ORDINANCE NO. 1324
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.
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:
Chapter 25.02 Introductory Provisions 02-4/ Page
FM
ORDINANCE NO. 1324
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 meeting the approval of the chief engineer of the
affected flood control district.
ii. Building and health code requirements applicable to floodplain districts
shall be complied with.
iii. The bottom elevation or first floor of any structure shall be at least 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.
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 load of a
stream or watercourse.
28-91Page Chapter 25.28 Overlay Districts
ORDINANCE NO. 1324
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 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.
Chapter 25.28 Overlay Districts 28-10/ Page
ORDINANCE NO. 1324
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:
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.
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).
28-11/Page Chapter 25.28 Overlay Districts
ORDINANCE NO. 1324
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.
Chapter 25.28 Overlay Districts 28-12/ Page
ORDINANCE NO. 1324
Table 25.28-1 Bermuda Dunes Airport Compatibility Plan
28-13/Page Chapter 25.28 Overlay Districts
ORDINANCE NO. 1324
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.
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
02-51Page Chapter 25.02 Introductory Provisions
ORDINANCE NO. 1324
6. City Council = Council
7. Community Development Department = Department
B. Terminology. The following rules apply to all provisions in this code:
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).
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.
Chapter 25.02 Introductory Provisions 02-6/ Page
324
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 also
allow for the establishment of quasi -public institutional uses, and the reservation of areas
04-11Page Chapter 25.04 Establishment of Zoning Districts
ORDINANCE NO. 1324
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
lercial, industrial, or special district) the provisions of the overlay
Table 25.04-1: Zoning Districts
trict Name/Description
General Plan Land Use Designation
Implemented by Zoning District
Rural Neighborhood
le Home Residential
Conventional Suburban Neighborhood, Small
Town Neighborhood
9ential
Conventional Suburban Neighborhood
Small Town Neighborhood
m ial
Small Town Neighborhood, Town Center
Neighborhood
sidential
Rural Neighborhood
Town Center Neighborhood, Resort and
Entertainment
District
Employment
al Districts
ial Center
Varies
Neighborhood Center
3blishment of Zonig Districts 04-21 Page