The purpose of this Planning Area is to coordinate and provide regulations for properties located within Planning Area 12 to ensure that parkway, median landscaping designs and any other improvements provide a unique identity of the City of Indian Wells, and create an appropriate landscape buffer between Highway 111 and adjacent developments.
(a) 
Maintain and enhance the existing physical structure of the Highway 111 corridor, characterized by formal commercial hotel development to the north of the Highway, and informal residential developments to the south;
(b) 
Avoid typical suburban strip commercial development along the Highway 111 corridor;
(c) 
Enhance circulation opportunities within the Highway 111 corridor, for example by means of pedestrian paths, golf cart paths, bicycle paths, bus stops, and intersection and signalization improvements; and
(d) 
Preserve views to the Santa Rosa and San Jacinto Mountains to the south and west.
(Ord. 387 § 1, 1996; Ord. 435 § 2, 1998; Ord. 606 § 1, 2007)
Planning Area 12 is shown in Figure 1, and generally extends fifty-five (55) feet from the existing curb. The regulations of this overlay zone may be reduced to forty-seven (47) feet from the existing curb at narrow parcels with City Council approval of a Variance. A series of six (6) Landscape Types are identified for Highway 111 that will: establish a distinctive, themed landscape area for the length of the Highway; maintain the palm-themed landscape of existing developments; and create a buffer from the Highway for adjacent uses, as further described in Section 21.045.060(a).
(Ord. 387 § 1, 1996; Ord. 435 § 3, 1998; Ord. 606 § 1, 2007)
All development in Planning Area 12 shall be subject to the review and approval by the City Council and the Architecture and Landscape Committee (ALC). The uses permitted in the overlay zone shall be limited to the following, and shall be subject to approval of a Conditional Use Permit in accordance with the procedures provided in Section 21.06.040: (a) public facilities; (b) signs (public or quasi-public only); (c) landscape, including hardscape, plant materials, street furniture and walls six (6) feet in height from adjacent Highway side finished grade; and (d) public utilities.
(Ord. 387 § 1, 1996; Ord. 606 § 1, 2007)
(a) 
Landscape Types. All landscaping within the setback areas shall be consistent with the Highway 111 Beautification and Improvement Project.
(b) 
Encroachment.
(1) 
Properties located within Planning Area 12 shall have a mandatory building setback as defined in the Zoning Classification Highway 111 Buffer Area. Upon demonstration of undue hardship to the satisfaction of the City Council, development may be permitted to encroach into the overlay zone as defined in Municipal Code Section 21.45.030, with approval of a variance.
(2) 
The setback for the commercial and office professional buildings existing along Highway 111 shall be thirty-five (35) feet from the back of the improved curb. Any expansion into the setback area shall require approval of a conditional use permit.
(c) 
Residential Sound/Buffer Walls. Residential sound/buffer walls located at the overlay zone outer boundary line, or within six (6) feet of the Planning Area outer boundary line, or, in the case of an approved encroachment, within eight (8) feet of the overlay zone outer boundary line, shall comply with the following:
(1) 
Material and colors shall be consistent with the Approved Highway 111 Beautification and Improvement Project.
(2) 
Wall design shall be approved by the ALC.
(3) 
Wall/berm design and height of walls and or combination of walls and berms shall be reviewed by a licensed acoustical engineer who shall certify to the satisfaction of the City Engineer that the proposed design is adequate to provide a residential rear yard noise level not in excess of 65 CNEL, or other appropriate standard.
(d) 
Other Buffer Walls in the Overlay Zone Area. Walls between Public Areas and Residential Areas, between Commercial Areas and Residential Areas, and between Public Areas and Resort Commercial Areas shall be six (6) feet in height.
(e) 
Design of front yard screen walls in Commercial and Resort Commercial zones shall be approved by the ALC; screen walls for parking shall be continuous, solid, stuccoed masonry or concrete, not less than three (3) feet in height.
(Ord. 387 § 1, 1996; Ord. 435 § 4, 1998; Ord. 606 § 1, 2007; Ord. 632 § 1, 2009)
(a) 
Landscape Planting Guidelines.
(1) 
Plant Materials. All plant materials installed within Planning Area 12 shall be selected from the Approved Highway 111 Beautification and Improvement Plant List (on file in the Planning Department) as appropriate for its Type; substitute materials may be permitted, subject to the review and approval of the ALC.
(2) 
Irrigation. All plant materials requiring irrigation shall be irrigated by means of a permanent surface or subsurface drip systems or other approved sprinkler system.
(b) 
Street Furnishings Guidelines. All street furnishings shall be provided by the City, and may consist of the following: bus shelters, trash receptacles, bollards, public or emergency telephones, drinking fountains, and the like. All street furniture shall be approved by the ALC.
(c) 
Lighting Guidelines. Lighting in the overlay zone shall in general be as subdued as possible given requirements for safety. Lighting must avoid light spillage into private areas. Landscape lighting within the Planning Area shall consist of indirect, non-glare lights mounted on grade, positioned to light tree canopies, paths and walkways, or walls as appropriate. For lighting within the overlay zone, tree-mounted lights are permitted. Lighting fixtures shall be consistent with Chapter 22.12 of the Municipal Code.
(d) 
Signage Guidelines. No privately owned or private purpose signs of any kind shall be permitted within the overlay zone, except as permitted in Section 21.45.060(d)(1) of this Section. Only on-grade wall-mounted signs are permitted within private areas adjacent to the overlay zone. Monument signs that are of limited height and length may be permitted within private areas adjacent to the overlay zone if approved under the provisions of a planned sign program. All signs shall be fabricated from approved materials in subdued colors and shall be approved by the ALC.
(1) 
Permitted Signs. Signs permitted within the Planning Area shall be limited to the following: (i) real estate directional model home signs as permitted in Section 17.12.110(c) of the Municipal Code; (ii) official legal notices issued by a court or government agency; (iii) traffic regulatory signs; publicly owned informational or directional signs; (iv) signs required by a governmental agency; and (v) special event and civic event [City related] banners, flags, and pennants must be obtained from the City of Indian Wells.
(2) 
Non-conforming Signs. Except as otherwise specifically provided, lawful non-conforming signs within the shall be exempt from Sections 17.40.010, 17.40.020(a) and 17.40.020(b) of Chapter 17.40, Non-Conforming Signs.
(i) 
Lawful, Existing Signs. Existing lawful signs at the time of the adoption of the Highway 111 Specific Plan on February 18, 1993, codified in this Chapter, which do not comply with the requirements of this Chapter, as amended, shall be deemed lawful non-conforming use and shall be made to comply, to be removed or demolished upon the alteration of the sign or the addition of new signage to the site or structure upon which the non-conforming sign is located.
(ii) 
Restrictions on Non-Conforming Signs. A legally established sign, which fails to conform to this Chapter, shall be allowed continued use, except the sign shall not be:
(A) 
Changed to another non-conforming sign;
(B) 
Structurally altered so as to extend its useful life;
(C) 
Altered so as to increase its size, height or width;
(D) 
Altered so as to increase the display surface of the sign or structure upon which the non-conforming sign is located;
(E) 
Moved or relocated;
(F) 
Reestablished after discontinuance for ninety (90) days or more; or
(G) 
Reestablished after damage or destruction of more than fifty (50) percent of its value, as determined by the Building Official.
(iii) 
Minor Modifications. Sign copy, color and sign faces may be changed on non-conforming signs when there is no change in use of the site or when only a portion of a multiple tenant sign is being changed.
The Planning Commission shall review and shall make a determination to approve, approve with modification or deny any minor modification to a non-conforming sign. In reviewing proposed minor modifications, the Planning Commission shall make the findings required under Section 17.08.020.
(iv) 
Installation of Conforming Signs. Legal non-conforming signs shall not prevent the installation of conforming signs for a site, structure, building or use that contains non-conforming signs and said signs are in compliance with Section 21.45.060(e)(2)(ii).
(v) 
Issuance of Building Permits. Legal non-conforming signs shall not prevent the issuance of building permits for any structures, building expansions or new building construction on a site that contains non-conforming signs and said signs are in compliance with Section 21.45.060(e)(2)(ii).
(vi) 
Conditional Use Permit. Any non-conforming sign shall be required to be brought into conformance or abated in conjunction with any Conditional Use Permit which is hereafter granted on the same site.
(e) 
Materials and Color Guidelines. All building materials used within Planning Area 12 shall be consistent with the approved Highway 111 Beautification and Improvement Project (on file with the Planning Department) and approved by the ALC.
(Ord. 387 § 1, 1996; Ord. 416 § 2, 1997; Ord. 434 § 2 [Ex. "A"], 1998; Ord. 435 § 5, 1998; Ord. 606 § 1, 2007)