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.
(Ord. 1259 § 1, 2013; Ord. 1324 § 7, 2017)
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.
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 2 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 2 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
|
6.
Example
of density and intensity calculations. The following table illustrates
how projects of different characteristics would calculate allowable
density and intensity limits:
|
Table 25.28-4: Examples of Density and Intensity Calculations
| |||||
|---|---|---|---|---|---|
|
Project Size
|
Permitted Population
|
Permitted Units (assumes all 2 bedroom)
|
Unit Size (without common dining)
| ||
|
|
Age 55–62 (25% reduction)
|
Age 62 +
|
Age 55–62
|
Age 62 +
|
|
|
5 acres
|
150
|
200 (40 P/A)
|
75
|
100
|
800 sf
|
|
10 acres
|
375
|
500 (50 P/A)
|
188
|
250
|
800 sf
|
F.
Parking requirement.
1.
Parking
ratios based on age group shall be based on the following:
|
Table 25.28-5: Parking Required for Senior Housing
| |
|---|---|
|
Age Minimum
|
Parking Ratio
|
|
55
|
1.25 per unit
|
|
62
|
1.00 per unit
|
|
62+
|
0.75 per unit1
|
|
Note:
| |
|
1.
|
With Commission approval according to subsection 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.
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.
(Ord. 1259 § 1, 2013; Ord. 1324 § 7, 2017)
A.
Intent. The intent of overlay district is to incentivize the
development of affordable housing units in the City of Palm Desert.
B.
Purpose and applicability. The purpose of the Housing Overlay
District (HOD) is to provide optional standards and incentives for
the development of a wide variety of housing developments, which provide
a minimum of 20% of all units dedicated as income-restricted. The
overlay zone is generally applied to properties identified in the
City's Housing Element and Housing Authority owned properties as shown
in Table 25.28-6. Wherever the HOD has been added to a base zone,
the applicant may choose whether to use the optional HOD standards
and/or the standards of the base zone.
C.
Uses permitted by approved precise plan and conditional use permit. Uses permitted or conditionally permitted in the R-2 and PR zoning
districts may be approved through an Architectural Review application
process. Housing types applicable to the HOD include, but are not
limited to, single-family detached/attached, duplex units, and multi-family
development, either for rent or for sale.
D.
Development standards. Development standards shall be flexible to ensure efficient site planning and neighborhood compatibility and to reflect the unique requirements of integrating income-restricted units into market-rate housing developments. Flexibility to the base zone development standards may be utilized as part of the design review of an Architectural Review application. Design guidance contained in Chapter 25.20 "Downtown District Design Guidelines," and within the University Neighborhood Specific Plan shall be followed.
E.
Affordable housing requirement. To be eligible for the provisions
of this chapter, rental housing development within the HOD shall provide
a minimum of 20% of all units within the project at income-restricted
rents, or at least 1 unit for smaller residential projects. All fractional
units shall be rounded up to the next whole number.
F.
Density and intensity. Project densities are established in the Zoning Ordinance and on the Zoning Map. Any mixed-use and residential project under this chapter is eligible for a density bonus as allowed under State law. Formulas for density bonuses are contained in Palm Desert Municipal Code Section 25.34.040.
1.
Unit
sizes. Minimum allowable unit sizes in square feet (sf) shall vary
according to presence or absence of common project amenities. Each
unit shall contain, as a minimum, a kitchen including 2 burners, an
oven, a refrigerator/freezer, a sink, counter space, and storage.
G.
Parking requirement.
1.
Parking
ratios based on bedroom count shall be calculated as follows:
|
Table 25.28-6: Parking Required for Housing Overlay
| |
|---|---|
|
Bedroom Count
|
Parking Ratio
|
|
Studio / 1 Bedroom
|
1.50 per unit
|
|
2 – 3 Bedrooms
|
2.00 per unit
|
H.
Development impact fees. Any mixed-use or residential project
eligible under the overlay district may be subject to a fee waiver
of City fees for all income-restricted units including plan check
and inspection fees. The remainder of the project may be eligible
for a reduction in fees if funding sources are available with the
City's Affordable Housing funds.
(Ord. 1259 § 1, 2013; Ord. 1352 § 2, 2020)
A.
Intent and purpose. This section includes properties between
Highway 74 and Portola Avenue. 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 uses, which may occupy El Paseo ground floor commercial frontage.
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).
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 Planning Commission may, by a conditional
use permit, approve office professional uses located on the ground
floor fronting El Paseo between Highway 74 and Portola Avenue if they
are determined to be compatible with the intent and purpose of this
chapter. The City's overall goal is for El Paseo to remain a high-end
luxury, pedestrian-friendly street while allowing a limited amount
of store-front office uses that complement the pedestrian corridor.
As part of the CUP review process, staff and the Planning Commission
will review each office use proposal and make findings based on the
following:
1.
Type
of Office Uses. The Planning Commission will be reviewing the type
of office uses on how they energize/engage interest along the street,
and enhance its primary use as a retail/entertainment center.
2.
Locations.
The Planning Commission will review/analyze the locations based on
the following:
a.
Corner Properties. The overall goal for corner properties is to preserve
them for restaurants with patio spaces and retail uses with large
storefronts.
b.
Density. The Planning Commission shall review each application to
preserve El Paseo as a retail district.
c.
Abut/Neighbor One Another. The overall goal is to not have large
consecutive building store-fronts of office spaces.
(Ord. 1259 § 1, 2013; Ord. 1277 § 5, 2014; Ord. 1324 § 7, 2017; Ord. 1350A § 2, 2019)
A.
Intent and purpose. The City's General Plan envisions a "City
Center" that provides a comfortable, walkable, mixed-use district
along the Highway 111 corridor and surrounding areas. Because of its
connection to El Paseo, Highway 111, existing neighborhoods, and educational,
recreational, and civic facilities, San Pablo Avenue is identified
as an important corridor to anchor the downtown district. To ensure
that the unique characteristics of the corridor are preserved and
enhanced this overlay district is intended to promote a distinctive
retail and community experience.
B.
Applicability. This overlay district applies to all commercial
properties along San Pablo Avenue between Highway 111 and Magnesia
Falls as shown in Figure 25.28-1.
|
Figure 25.28-1 San Pablo Overlay Exhibit Area
 |
C.
Permitted and conditionally permitted uses. Uses permitted
and conditionally permitted as identified in Table 25.18-1 Use Matrix for Downtown Districts are allowed on properties
with frontage along San Pablo subject to the provisions of this overlay
district.
E.
Exceptions. A conditional use permit shall be required for all formula businesses not otherwise permitted by this chapter. No more than 40% of the lineal ground-floor commercial frontage along the San Pablo Avenue corridor shall be occupied by formula businesses (refer to Section 25.99.020 of this title). A conditional use permit may be approved by the Planning Commission if the following findings can be made:
1.
The
formula business provides a distinctively unique experience from its
standard practices and other locations.
2.
The
formula business, together with its design and improvements, provides
a distinctive appearance different from other locations.
3.
The
formula business is not in a stand-alone building and shares a building
with at least one other non-formula business.
4.
The
formula business is compatible with the existing uses along the corridor.
(Ord. 1366 § 2, 2021)
A.
Purpose and intent. The purpose of the Mixed-Use Overlay (MU) district is to provide special flexibility within areas zoned for commercial or office development to allow for the addition of residential development. All base zoning district listed in Chapter 25.16 (Commercial, Office and Industrial Districts) are eligible for the MU overlay.
B.
Applicability. The MU district applies to areas of the City
indicated on the zoning map by the reference letters "MU" after the
reference letter(s) identifying the base zoning district.
C.
Development standards. The following provisions are applicable
to properties designated MU:
1.
Residential
density shall be permitted up to 24 dwelling units per net site acre
(in addition to any commercial square footage).
2.
Residential
units may be provided in addition to other development permitted or
conditionally permitted on the project site.
3.
Residential
units may be provided on upper levels of commercial and/or office
buildings or may be located in a separate building adjacent to commercial
and/or office structures.
4.
An
additional 12 feet of building height above the specified height limit
is permitted within the applicable zoning district.
(Ord. 1259 § 1, 2013)
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 specific plan as outlined in Section 25.78.080 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, an 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.
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.
1.
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 2 years from date of adoption
of the resolution establishing the zone.
2.
An
extension of time, not to exceed 1 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.
(Ord. 1259 § 1, 2013; Ord. 1303 § 4, 2016; Ord. 1324 § 7, 2017; Ord. 1393 § 13, 2023)
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).
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.
Personal 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 five 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.
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 thirty 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.
(Ord. 1259 § 1, 2013; Ord. 1302 § 4, 2016; Ord. 1303 § 5, 2016; Ord. 1324 § 7, 2017; Ord. 1405 § 3, 2023; Ord. No. 1416, 8/22/2024)
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 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:
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.
(Ord. 1259 § 1, 2013; Ord. 1324 § 7, 2017)
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.
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 flood-plain.
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.
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.
(Ord. 1259 § 1, 2013; Ord. 1324 § 7, 2017)
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.
(Ord. 1259 § 1, 2013; Ord. 1324 § 7, 2017)
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.
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:
1.
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.
(Ord. 1259 § 1, 2013; Ord. 1324 § 7, 2017)
A.
Purpose. The purpose of the Bermuda Dunes Airport Area (BDA)
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 25.28-1.
B.
Permitted uses. All uses permitted in the underlying district
are permitted subject to the Riverside County Airport Land Use Compatibility
Plan Policy Document.
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Figure 25.28-1 Bermuda Dunes Airport Compatibility Plan
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(Ord. 1259 § 1, 2013; Ord. 1324 § 7, 2017; Ord. 1393 § 14. 2023)
A.
Purpose and applicability. The purpose the Open Space/Residential
Overlay District (OSRO) is to establish specific criteria for the
conversion of golf course facilities designated as open space to another
type of land use. The OSRO designation shall supplement any change
of zone application for conversion of an existing golf course to another
non-recreational use.
B.
Applicability. The OSRO will automatically be applied to any
property designated as open space in the City's Zoning Ordinance that
applies for a change of zone application. The overlay will also apply
to properties that have been approved by the City Council for a golf
course conversion.
C.
Permitted and conditional uses. Permitted and conditionally
permitted uses shall be those uses listed under the zoning district
for which the change of zone application has been made.
D.
Procedure. Prior to submitting an application with the City's
Community Development Department, the applicant shall demonstrate
the following:
1.
Community
Outreach. The applicant shall host a series of community meetings
for the benefit of the property owners abutting the golf course properties,
and the community surrounding and impacted by the development proposal.
The series of meetings shall include, but is not limited to, exploring
options for preservation of the golf course.
2.
Community
Options. The golf course ownership shall work with the City and the
impacted community to explore options for the preservation of the
golf course facilities. Options may include, but are not limited to,
fiscal participation by a homeowners association, establishment of
a special district to financially support the golf course, or rights
of refusal to sell the course to an interested home-owner group.
3.
Application
Submittal. Once the applicant has demonstrated compliance with the
items above, formal applications may be submitted to the Community
Development Department to be reviewed through the City's permitting
and entitlement process.
E.
Development standards. All change of zone applications for
the conversion of existing golf course facilities shall adhere to
the following development standards:
1.
Preservation
of Open Space. Preservation of existing open space is paramount to
any new development proposal and all proposals shall incorporate and
preserve portions of the existing open space into the project design.
At a minimum, all golf course conversion projects shall retain or
provide 45 percent open space, unless the applicant can demonstrate
support for a reduction in the open space from the impacted golf-course
community.
2.
Community
Amenities/Benefits. New recreational amenities for the benefit of
the larger community shall be incorporated into the project design.
3.
Density
and Land Use Compatibility. Residential projects shall not exceed
a density greater than the density limitations of the surrounding
golf course community.
F.
Project review. The ownership of the golf course facility
shall apply for a change of zone application with the City's Community
Development Department. Said application shall accompany any supplemental
applications (precise plan, tentative maps, environmental studies,
etc.) and their required information. The applicant shall provide
detailed information related to the compliance of their proposal with
the Open Space/Residential Overlay.
(Ord. 1340 § 2, 2018)
