A.
Title. This title shall be known as the Zoning Ordinance of
the City.
B.
Relation to the General Plan. The City Council has instituted
a comprehensive planning program in order to ensure that the anticipated
growth within the City is organized, planned, and coordinated in a
manner that will not place undue burdens on the City in its ability
to provide urban services and facilities. This planning program has
culminated in the preparation and adoption of a comprehensive General
Plan.
C.
Role of Zoning Ordinance. Chapter 12 "Work Plan" of the General
Plan recommends implementation strategies to accomplish the goals
and objectives found within that document. In order to accomplish
said goals and objectives, the orderly development of the City, and
the elimination of haphazard land development, is required. Among
the methods noted is a regulatory Zoning Ordinance to govern the uses
of land and the density and intensity of development.
D.
Purpose of Zoning Ordinance. The zoning regulations of the
City are adopted to protect, promote, and enhance the public health,
safety, and general welfare, ensuring that development within the
City is related to the City's ability to provide essential urban services
and is consistent with the Palm Desert General Plan. More specifically,
these regulations are adopted to achieve the guiding principles identified
in the General Plan and include the following objectives:
1.
Relate
proposals for development to the provisions and recommendations of
the City's General Plan and ensure development is consistent with
the guiding principles of the General Plan. To meet the guiding principles
development proposals will be reviewed for their focus on: human-scale
design, liveliness of centers, complete streets, accessibility and
connectivity, and quality of open spaces.
2.
Foster
a harmonious, convenient, workable and connected relationship among
land uses.
3.
Ensure
that public and private lands ultimately are used for the purposes
which are most appropriate and most beneficial to the City as a whole.
4.
Provide
population densities that support and encourage pedestrian activities
such as walking and bicycling; that are connected to, and in proximity
of, civic and education uses, open spaces, and commercial and employment
opportunities.
5.
Foster
an environment that ensures pedestrian amenities connect the community,
are designed to accommodate pedestrians and bicyclists, and that are
conveniently located for the highest impact.
6.
Forecast
and plan for the City's ability to provide community facilities, utilities,
and services.
7.
Ensure
adequate consideration for urban design in the development process
so that new development enhances the City as it matures.
8.
Provide
provisions for adequate bicycle parking, off-street parking, shared
parking facilities, and off-street truck loading facilities.
9.
Promote
preservation of natural environmental features in the development
and use of land within the City.
10.
Develop land use regulations that will encourage infill development
and redevelopment of existing sections of the City and provide for
innovative development in undeveloped areas.
(Ord. 1259 § 1, 2013; Ord. 1324 § 2, 2017; Ord. 1393 § 4, 2023)
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 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.
(Ord. 1259 § 1, 2013; Ord. 1324 § 2, 2017)
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 responsibility and authority to administer and enforce
this title as follows:
1.
Application
Process. Receive and review all applications for development pursuant
to this title. Processing includes but is not limited to the certification
of completed applications, the establishment of a permanent file,
posting of public notices, collection of applicable fees, preparation
of reports, processing of appeals, and presentation of staff reports
to the Architectural Review Commission, Planning Commission, and City
Council.
2.
Interpretation.
Interpret the provisions and advise the public on the requirements
of this title.
3.
Amendment.
Initiate action for amendment of this title where it is determined
that such amendment would better implement the General Plan goals
and objectives and increase its effectiveness and/or improve or clarify
the contents of this title.
4.
Permit
issuance. Issue administrative permits, including certifications of
use and occupancy, temporary use permits, home-based business permits
and other designated permits under this title and certify that all
such permits are in full conformance with its requirements.
5.
Coordination.
Refer and coordinate matters related to the administration of this
title with other agencies and City departments and provide information
on the status of all development permits.
6.
Authority.
Serve as the administrative zoning body and exercise that authority
set forth in California Government Code Section 65900 et seq.
C.
City Manager. The City Manager or designee shall oversee the
work of the Director and shall exercise such other powers and duties
as are prescribed by state law or local ordinance, or as directed
by the City Council.
D.
Architectural Review Commission. The City has established
the Architectural Review Commission to serve as a decision-making
and advisory body with the following land use responsibilities:
1.
Hear
and decide applications for entitlements as provided in this ordinance,
such as architecture and landscape design review, color changes, sign
permits, and comprehensive sign programs.
2.
Hear
appeals of the decision of the Zoning Administrator for design review
and signs.
3.
Hear
and make recommendations to the Planning Commission on applications
for precise plans, certain specific plans, certain variances, and
new homes for tentative tract map applications.
E.
Planning Commission. Pursuant to California Government Code
Section 65101, the City of Palm Desert has an established Planning
Commission. The Planning Commission shall have the following land
use responsibilities:
1.
Hear
and decide applications for entitlements as provided in this ordinance
such as use determinations, precise plans, conditional use permits,
condominium conversion permits, tentative parcel and tract maps, and
variances.
2.
Hear
appeals of the decisions of the Zoning Administrator.
3.
Initiate
studies of amendments to this title and make recommendations to the
City Council for amendments as provided in this ordinance and in California
Government Code Section 65853.
4.
Hear
and make recommendations to the City Council on applications for specific
plans, zoning amendments (ordinance and map), the General Plan and
amendments thereto, prezonings, hillside development plans, and other
related planning studies.
5.
Exercise
such other powers and duties as are prescribed by state law or local
ordinance, or as directed by the City Council.
F.
City Council. The City Council is the legislative body of
the City and shall have the following land use responsibilities:
1.
Hear
and decide all appeals.
2.
Hear
and decide applications for permits and entitlements as identified
in this ordinance, such as specific plans, zoning amendments (ordinance
and map), General Plan updates and amendments, prezonings, hillside
development plans, and development agreements.
3.
Direct
planning-related policy amendments and special studies as necessary
or desired.
4.
Exercise
such other powers and duties as are prescribed by state law or local
ordinance.
(Ord. 1259 § 1, 2013; Ord. 1324 § 2, 2017)
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:
B.
Terminology. The following rules apply to all provisions in
this code:
1.
Language.
The words "shall," "will," "is to," and "are to" and similar words
and phrases are always mandatory. "Should" is not mandatory but is
strongly recommended, and "may" is permissive.
2.
Tense
and Number. The present tense includes the past and future tense,
and the future tense includes the present. The singular number includes
the plural, and plural numbers include the singular unless the natural
construction of the word indicates otherwise.
3.
Conjunctions.
"And" indicates that all connected items or provisions shall apply.
"Or" indicates that the connected items or provisions may apply singly
or in any combination. "Either…or" indicates that the connected
items and provisions shall apply singly but not in combination. "Includes"
and "including" shall mean "including, but not limited to."
4.
Number
of Days. Whenever a number of days are specified in this code, or
in any entitlement, condition of approval or notice issued or given
as provided in this code, the number of days shall be construed as
calendar days, unless business days are specified. Time limits will
extend to the following business day when the last of the specified
number of days falls on a day that the City is not open for business.
C.
Minimum requirements. All provisions of this code are considered
to be minimum requirements, unless specifically stated otherwise.
D.
Calculations—Rounding. Where any provision of this code
requires calculation to determine applicable requirements, any fractional/decimal
results of the calculation shall be rounded to the nearest whole number
(0.5 or more is rounded up, less than 0.5 is rounded down).
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.
(Ord. 1259 § 1, 2013; Ord. 1324 § 2, 2017; Ord. 1393 § 5, 2023)
In addition to any other fee or fees prescribed by law the City
shall impose fees for abandonments and vacations of easements and
right-of-way, processing of applications, easements and right-of-way
dedication, hydrology report plan check, signage and striping, street
improvement, and off-site drainage for non-subdivision civil work
including, but not limited to, streets, sidewalks, driveways, paving
striping, drainage, traffic signals. The fee amounts shall be established
in a fee resolution adopted by the City Council. Such fee shall be
paid at the time of issuance of the building permit.
(Ord. 1294 § 4, 2015)
In addition to any other fee or fees prescribed by law the City
shall impose a low income housing fee on any commercial construction
in the City that adds to or increases the square footage of an existing
commercial building. The fee amount shall be established in a fee
resolution adopted by the City Council. Such fee shall be paid at
the time of issuance of the building permit.
(Ord. 1294 § 6, 2015)
