The purpose of this chapter is to establish permits and entitlements that are decided by the Planning Commission (Commission). Each permit and entitlement type is described in this chapter in terms of purpose and applicability, unique review process, findings for approval, and conditions. General processing procedures are established in Chapter 25.60 (Procedures).
(Ord. 1259 § 1, 2013)
A.
Purpose. In order to ensure that the zoning regulations will
permit all similar uses in each district, the Commission, upon its
own initiative or upon request, shall determine whether a use not
specifically listed as a permitted or conditional use in any district
shall be deemed a permitted use or a conditional use in any one or
more districts on the basis of similarity to uses specifically listed.
The procedures of this chapter shall not be substituted for the amendment
procedure as a means of adding new uses to the list of permitted or
conditional uses.
B.
Application—Submittal requirements. Application for
determination of similar uses shall be made in writing to the Director
and shall include a detailed description of the proposed use and such
other information as may be required to facilitate the determination.
C.
Investigation and report. The Director shall make such investigation
of the application as necessary to compare the nature and characteristics
of the proposed use with those uses specifically listed and shall
make a report of their findings to the Commission.
D.
Determination. The determination of the Commission shall be
rendered in writing and shall be transmitted to the Council within
15 days of the determination. The decision of the Commission shall
become final within 30 days unless an appeal is filed or the majority
of the Council elects to review the determination.
(Ord. 1259 § 1, 2013; Ord. 1393 § 29, 2023)
A.
Purpose. A precise plan allows for the review of uses, sites,
and structures to ensure that the applicable design and development
standards are implemented as intended.
B.
Applicability. A precise plan is required as follows:
1.
No
person shall commence any use for which a conditional use permit is
required or any use not permitted in either the R-1 or RE zone. No
building permit shall be issued for any structure to be used for,
or in conjunction with any such use, until a precise plan of design
covering the parcel or parcels to be so used shall be approved and
adopted as provided in this chapter.
2.
Notwithstanding
any provision of the Uniform Building Code, no grading permit shall
be issued for the grading or excavation of any land, until a precise
plan of design, tentative tract map, or tentative parcel map covering
the property proposed to be graded or excavated has been approved
and adopted as provided in this chapter.
C.
Exceptions. This subsection shall not apply to the grading
or excavation required in connection with:
D.
Application requirements. The applications for a precise plan
shall be submitted on a form as provided by the Director and include
submittal materials as required.
E.
Review criteria. Any such precise plan of design may be rejected,
approved, modified and approved, or approved subject to conditions.
Any such precise plan of design after approval may be amended, in
the same manner as a precise plan of design is first approved under
this chapter. The following criteria apply:
1.
In the approval or rejection of a precise plan of design, consideration
shall be given and restrictions shall be imposed to the extent necessary,
in view of the size and shape of the parcel and the present and proposed
zoning and use of the subject property and the surrounding property,
to permit the same degree of enjoyment of the subject property, but
subject to the same degree of protection of adjoining properties,
as would be accorded in normal circumstances by the standard restrictions
imposed by this chapter. The standard restrictions imposed in the
various zones by this chapter are intended as minimum restrictions
necessary in normal circumstances to prevent substantial depreciation
of property values in the vicinity and unreasonable interference with
the use and enjoyment of property in the vicinity by the occupants
thereof for lawful purposes, and for the protection of the public
peace, health, safety, and general welfare. "Normal circumstances"
are intended to refer to the case of a permitted case upon a lot of
a normal size and shape surrounded by property in the same zone as
the lot in question.
2.
If the proposed precise plan of design would substantially depreciate
property values in the vicinity or would unreasonably interfere with
the use or enjoyment of property in the vicinity by the occupants
thereof for lawful purposes or would endanger the public peace, health,
safety, or general welfare, such plan shall be rejected or shall be
so modified or conditioned before adoption as to remove said objections.
F.
Approval subject to condition. A precise plan of design may
be approved subject to the granting of a change of zone, a conditional
use permit, a variance, or the approval of a final subdivision map,
and the Commission or Council may require such a precise plan of design
to be submitted prior to the granting or recommending of a zone change,
variance, or conditional use permit.
G.
Compliance required. No person shall violate or fail to comply
with any approved precise plan of design or any conditions or provisions
thereof nor shall a building permit be issued for any structure which
would violate or fail to comply with any approved precise plan of
design for the parcel or parcels on which such structure is to be
located. In the event any such permit is issued, it shall be null
and void and have no further effect.
H.
Continuance of existing plans. Any precise plan previously
approved and in effect shall remain in effect regardless of any changes
to zoning regulations subsequently adopted, unless the precise plans
are made null and void or amended at the time of adoption.
I.
Distinction from other precise plans. The precise plans of
design referred to in this chapter are not to be confused with or
considered to be precise plans as referred to in the Government Code
of the State.
J.
Street frontage requirements. No building or other structure
to be used for any business or commercial purpose shall hereafter
be erected unless the frontage of the lot, or parcel of land upon
which such building or structure is erected, abuts on one side of
a public street, unless an unnecessary hardship would result as determined
by the Commission.
K.
Failure to utilize a precise plan.
1.
Failure
to utilize a precise plan within one year of its effective date (unless
extended by action of the Commission) will automatically void such
precise plan. In the event construction work is involved, such work
must actually commence within the stated period and be diligently
pursued.
2.
Extension
of time up to a maximum one year may be granted from the date of expiration
of the precise plan by the Commission when extenuating circumstances
can be clearly shown by the applicant. The request for same shall
be submitted to the Commission in writing prior to the expiration
date and shall clearly state the reasons why construction has not
commenced.
3.
The
Commission may grant additional time extensions providing that there
has not been adopted any changes to zoning regulations that would
impact said precise plan.
L.
Amendment to a precise plan.
1.
The
Commission may grant an amendment to the approved precise plan only
after all procedures as set forth in the original application are
met except that the request for such amendment may be in letter form
in lieu of being placed on the official form of application for a
precise plan of design.
2.
The
Director may approve in writing on the approved precise plan minor
modifications without the benefit of public hearing when such modifications
do not adversely affect the public interest or the interest of owners
of neighboring properties or substantially alter the plan, and so
long as the modification would not affect any other condition of approval.
(Ord. 1259 § 1, 2013; Ord. 1292 § 2, 2015; Ord. 1411, 4/25/2024)
A.
Purpose. In order to give the use regulations the flexibility
necessary to achieve the objectives of this title, in certain districts,
conditional uses are permitted, subject to the granting of a conditional
use permit. Because of their unusual characteristics, conditional
uses require special consideration so that they may be located properly
with respect to the objectives of the zoning regulations and with
respect to their effects on surrounding properties. In order to achieve
these purposes, the Commission is empowered to grant or deny applications
for conditional use permits for such conditional uses as are prescribed
in the district regulations and to impose reasonable conditions upon
the granting of conditional use permits subject to the right of appeal
to the Council.
B.
Application requirements. Application for a conditional use
permit shall be filed with the Department on a form prescribed by
the Director and shall include materials as required.
C.
Investigation and report. The Department shall make an investigation
of the application and shall prepare a report thereon which shall
be submitted to the Commission and made available to the applicant
prior to the public hearing.
D.
Hearings. The Commission shall hold at least one public hearing on each application for a conditional use permit. The hearing shall be set and notice given as prescribed in Section 25.60.060 (Public Hearing and Public Notice). At the public hearing, the Commission shall review the application and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and proposed conditions under which it would be operated or maintained.
E.
Action of the Commission. The Commission may grant a conditional
use permit as the permit was applied for or in modified form, or the
application may be denied. A conditional use permit may be granted
for a limited time period, or may be granted subject to such conditions
as the Commission may prescribe. Conditions may include, but shall
not be limited to, payment of drainage fees; requiring special yards,
open spaces, buffers, fences, and walls; requiring installation and
maintenance of landscaping; requiring street dedications and improvements;
regulation of points of vehicular ingress and egress; regulation of
traffic circulation; regulation of signs; regulation of hours of operation
and methods of operation; control of potential nuisances; prescribing
standards for maintenance of buildings and grounds; prescription of
development schedules and development standards; and such other conditions
as the Commission deems necessary to ensure compatibility of the use
with surrounding developments and uses and to preserve the public
health, safety, and welfare.
F.
Findings. The Commission shall make the following findings
before granting a conditional use permit:
1.
That
the proposed location of the conditional use is in accord with the
objectives of this title and the purpose of the district in which
the site is located.
2.
That
the proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to
the public health, safety, or welfare, or be materially injurious
to properties or improvements in the vicinity.
3.
That
the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
4.
That
the proposed conditional use complies with the goals, objectives,
and policies of the City's General Plan.
G.
Effective date of the use permit. The decision of the Commission
shall be final within 15 days from the date of the decision unless
an appeal has been filed with the Council.
H.
Lapse of conditional use permit. A conditional use permit
shall lapse and shall become void 1 year following the date on which
the use permit became effective, unless prior to the expiration of
1 year a building permit is issued and construction is commenced and
diligently pursued toward completion on the site which was the subject
of the use permit application, or a certificate of occupancy is issued
for the structure which was the subject of the use permit application,
or the site is occupied if no building permit or certificate of occupancy
is required; provided that a use permit for a public utility installation
may be valid for a longer period if specified by the Commission. Prior
to the expiration of the permit, the applicant may request a 1 year
time extension by filing with the Commission.
I.
Modification of conditional use. Modification, expansion,
or other change in a conditional use; provided, that minor revisions
or modifications may be approved by the Director if they determine
that the changes would not affect the findings prescribed in Section
25.72.050.F (Findings), and the application for revision or modification
is filed within 1 year from the date the original conditional use
permit becomes final, does not change the use designated in the original
conditional use permit, does not increase, reduce, or alter the size
or shape of the premises to which the original conditional use permit
pertained, and does not extend the time in which the actual establishment
of the conditional use permit or the commencement of construction
under the conditional use permit shall take place.
J.
Suspension and revocation. Any conditional use permit issued
pursuant to the provisions of this title may be modified, discontinued,
suspended or revoked by the Commission upon receiving satisfactory
evidence that the permittee, its agent(s), employee(s), or any person
connected or associated with the permittee: (1) has failed to comply
with any applicable provision of the Palm Desert Municipal Code, including
but not limited to the City's building, zoning, and health regulations;
(2) has failed to comply with any condition imposed by the conditional
use permit; or (3) has allowed the existence of or created a public
nuisance in violation of the Palm Desert Municipal Code. The modification,
discontinuance, suspension, or revocation shall be made only after
a duly noticed hearing before the Commission, which hearing shall
be conducted within 40 days of learning of the violation.
K.
Commission determination.
1.
Not
more than 30 days or less than 10 days prior to the hearing, written
notice of the time and place of hearing shall be given to the permittee.
The notice shall specify in general terms the grounds upon which the
Commission intends to modify, discontinue, suspend, or revoke the
conditional use permit. The notice shall be deemed complete when delivered
to the permittee by personal service, when sent by certified mail
to the permittee's last known address, or when posted in a conspicuous
place on the property for which the conditional use permit was issued.
2.
Notice
of the hearing shall also be mailed not more than 30 days or less
than 10 days prior to the hearing to all persons whose names appear
on the latest adopted tax roll of Riverside County as owning property
within 300 feet of the exterior boundaries of the property subject
to the hearing and all persons who have filed written complaints with
the City regarding the subject property.
3.
After
giving notice and conducting the hearing, the Commission may modify,
discontinue, suspend, or revoke the conditional use permit. As part
of any such action, the Commission may impose such conditions as it
deems appropriate, including those necessary to protect the best interests
of the surrounding property to the neighborhood; to eliminate, lessen,
or prevent any detrimental effect thereon; or to assure compliance
with other applicable provisions of the law. Any such action shall
be supported by written findings, including a finding that it does
not impair the constitutional rights of any person.
L.
New applications. Following the denial of a conditional use
permit application or the revocation of a conditional use permit,
no application for a conditional use permit for the same or substantially
the same conditional use on the same or substantially the same site
shall be filed within 1 year from the date of denial or revocation
of the conditional use permit.
M.
Use permit to run with the land. A conditional use permit
granted pursuant to the provisions of this chapter shall run with
the land, and shall continue to be valid upon a change of ownership
of the site or structure which was the subject of the conditional
use permit application. However, the City shall be notified of any
change of ownership within 90 days of its occurrence.
(Ord. 1259 § 1, 2013; Ord. 1393 § 30, 2023)
A.
Purpose and intent. This section provides standards and criteria
for regulating the conversion of rental housing to residential condominium
units or rental housing to a condominium hotel, community apartment,
or stock cooperative types of ownership and for determining when such
conversions are appropriate; mitigates any hardship to tenants caused
by their displacement; and provides provisions to protect public health,
safety, and general welfare.
B.
Applicable standards. The Commission/Council is the review authority for condominium conversion projects. All condominium conversion projects shall conform to: (1) the applicable standards and requirements of the zoning district in which the project is located at the time of approval; (2) Section 25.34.050 of the Palm Desert Municipal Code; and (3) all other applicable local, state, and/or federal laws and codes.
C.
Findings—Condominium conversion projects. The Commission/Council
shall not approve a condominium conversion permit for same unless
it finds all of the following:
1.
The condominium conversion project is consistent with the applicable findings specified in Section 25.72.050 (Conditional Use Permits) of this code.
2.
That
the applicant does not seek to convert an apartment complex or development,
which received a certificate of occupancy for any unit, located therein
within the preceding 12 months.
3.
That
the average rental vacancy rate in apartment dwelling units within
the city during the 24 months proceeding the filing of the application
is equal to or greater than 5 percent. Upon submission of the application,
the City Manager or designee shall obtain, at applicant's sole expense,
a written study or report from an objective, unbiased third party
which provides such studies and/or reports as part of its ordinary
course and scope of business on a statewide or nationwide basis, which,
in the reasonable opinion of the City Manager or designee, reflects
that the average rental vacancy rate in apartment units then available
in the city is 5 percent or higher. If the average rental vacancy
rate in the city during the 24 months preceding the filing of the
application is less than 5 percent or if as a result of the approval
of said condominium conversion the vacancy rate would be less than
5 percent, the condominium conversion project shall be denied unless
the Commission/Council determines that at least one of the following
overriding considerations exist:
i.
Evidence has been submitted that at least 50 percent plus one of
the eligible tenants has voted to recommend approval of the conversion.
ii.
That the evidence presented to the Commission/Council as part of
the application for the project overwhelmingly complies with the policies
and intent of this chapter. Applicants shall be able to request that
the Commission/Council allow for a condominium conversion project
to be considered for approval where the vacancy rate and/or tenant
approval percentage requirements have not been met but have been substantially
complied with.
4.
Conversions
of projects containing four units or less shall not be subject to
the above vacancy rate provisions.
D.
Planning Commission/City Council determination.
1.
The
Commission shall hold a duly noticed public hearing on a condominium
conversion project, and the decision of the Commission shall be final
unless a timely appeal is filed.
2.
When
a timely appeal is filed to a decision of the Commission, the Council
shall hold a public hearing on a condominium conversion project, and
the decision of the Council shall be final and subject to appeal only
by way of writ of mandate to a court of appropriate jurisdiction.
A condominium conversion project conditional use permit may be approved
subject to such conditions as the Commission/Council may prescribe.
(Ord. 1259 § 1, 2013)
A.
Purpose. Variances from the terms of this title shall be granted
only when, because of special circumstances applicable to the property,
including size, shape, topography, location, or surroundings, the
strict application of this title deprives such property of privileges
enjoyed by other property in the vicinity and under identical zoning
classification. Any variance shall be subject to such conditions as
will assure that the adjustment thereby authorized shall not constitute
a grant of special privileges inconsistent with the limitations upon
other properties in the vicinity and district in which such property
is situated.
B.
Applicability. The power to grant variances and adjustments
does not extend to use regulations. Flexibility to the zoning regulations
is provided in the conditions use provisions of this title.
C.
Application—Submittal requirements. Application for
a variance shall be filed with the Department on a form prescribed
by the Commission and shall include the following data and maps:
1.
Name
and address of the applicant.
2.
Statement
that the applicant is the owner or the authorized agent of the owner
of the property on which the variance is being requested.
3.
Address
and legal description of the property.
4.
Statement
of the precise nature of the variance requested and the practical
difficulty or unnecessary physical hardship inconsistent with the
objectives of the zoning regulations that would result from a strict
or literal interpretation and enforcement of the specified regulation,
together with any other data pertinent to the findings prerequisite
to the granting of a variance.
5.
An
accurate scale drawing of the site and any adjacent property affected,
showing, when pertinent, the contours at intervals of not more than
2 feet, and all existing and proposed locations of streets, property
lines, uses, structures, driveways, pedestrian walks, off-street parking
facilities, and landscaped areas.
6.
A
list of all owners of property located within 300 feet of the exterior
boundaries of the subject property. The list shall be keyed to a map
showing the location of these properties.
7.
The
Director may require additional information or plans, if they are
necessary, to enable a determination as to whether the circumstances
prescribed for the granting of a variance exist. The Director may
authorize omission of any or all of the plans and drawings required
by this title if they are not necessary.
D.
Investigation and report. The Department shall make an investigation
of each application that is subject of a public hearing and shall
prepare a report thereon which shall be submitted to the Commission,
and made available to the applicant prior to the public hearing.
E.
Hearing responsibility. All variance applications shall be heard and a determination shall be made by the Commission. The Commission shall hold a public hearing on an application for a variance. The hearing shall be set and notice given as prescribed in Section 25.60.060 (Public Hearing and Public Notice). At a public hearing, the Commission shall review the application, statements, and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings.
F.
Action of the Planning Commission. The Commission may grant
a variance as the variance was applied for or in modified form, or
the application may be denied. A variance may be granted for a limited
time period, or may be granted subject to conditions as the Commission
may prescribe.
G.
Findings. The Commission may grant a variance to a regulation
prescribed by this title with respect to fences, walls, hedges, screening,
or landscaping; site area, width, or depth; front, rear, or side yards;
coverage, height of structures; distances between structures, usable
open space, frontage on a public street, or other development standards
as the variance was applied for or in modified form, if, on the basis
of the application and the evidence submitted, the Commission makes
findings of fact that establish that the circumstances prescribed
in paragraphs 1, 2, 3 and 4 do apply:
1.
That
strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of the ordinance codified
in this title.
2.
That
there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the
property that do not apply generally to other properties in the same
zone.
3.
That
strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same vicinity and zone.
4.
That
the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties
or improvements in the vicinity.
H.
Determination. The Commission shall hold a public hearing on a variance as prescribed in Section 25.60.060 (Public Hearing and Public Notice) if an appeal has been filed within the prescribed 15-day appeal period.
I.
Effective date. A decision of the Commission on a variance
shall be effective 15 days after the date of the decision unless an
appeal has been filed. A variance shall become effective immediately
after it is granted by the Council.
J.
Lapse of variance. A variance shall lapse and shall become
void one year following the date on which the variance became effective
unless prior to the expiration of one year, a building permit is issued
and construction is commenced and diligently pursued toward completion
on the site which was the subject of the variance application, or
a permit is issued authorizing occupancy of the site or structure
which was the subject of the variance application, or the site is
occupied if no building permit or certificate of occupancy is required.
Prior to the expiration of a permit, an applicant may request a 12-month
time extension by filing with the Commission.
K.
Revocation. A variance granted by the Commission subject to
conditions shall be revoked by the Commission if the applicant has
not complied with the conditions. The decision of the Commission revoking
a variance shall become effective 15 days following the date on which
it was revoked unless an appeal has been filed. A variance granted
by the Council shall be revoked only by the Council.
L.
New application. Following the denial or revocation of a variance
application, no application for the same or substantially the same
variance on the same or substantially the same site shall be filed
within one year of the date of denial or revocation of the variance.
M.
Variance related to plans submitted. Unless otherwise specified
at the time a variance is granted, it shall apply only to the plans
and drawings submitted as part of the application.
(Ord. 1259 § 1, 2013)
A.
Purpose and applicability. The purpose of a hillside development plan is to provide for the review of projects within the hillside planned residential district to ensure that the design of projects is consistent with the hillside conditions on each development site. Within the hillside planned residential district, no building permit shall be issued for any new building or structure unless a hillside development plan has been approved by the Council according to Section 25.78.020 (Hillside Development Plan).
B.
Procedure and required Planning Commission action.
1.
Hillside development plan shall be reviewed and processed according to Section 25.78.020 (Hillside Development Plan). Final approval by the Council is required, but the Commission may deny a hillside development plan.
2.
Prior
to Commission action, the ARC shall hold a public hearing on such
application and consider a recommendation to the Commission.
3.
The
Commission shall hold a public hearing and either:
i.
Recommend to the Council that the development plan is approved if it finds the criteria set forth in Section 25.78.020 (Hillside Development Plan) have been satisfied subject to such conditions as it deems necessary.
ii.
Deny the application if it finds the criteria are not being satisfied
or that such application would be detrimental to the public peace,
health, safety, or welfare.
4.
Decision
of the Commission to deny the development plan shall be final unless
appealed to the Council.
(Ord. 1259 § 1, 2013)
A.
Purpose. The text of this title may be amended by changing
the district regulations or any other provision of this title and
the zoning map may be amended by changing the boundaries of any district
in accord with the procedures described in this title. Council action
is required prior to the approval of a text or map amendment, but
the Commission plays a key role.
B.
Initiation of a zoning amendment.
1.
For a zoning text amendment, the Council may initiate proceedings by motion and then submit the matter to the Commission for public hearings. The Council process is provided in Section 25.78.040 (Amendments—Zoning Ordinance).
2.
For
a zoning map amendment the property owner, or an authorized agent,
may file an application. If the property for which a change of district
is proposed involves more than one owner, all the owners or their
authorized agents shall join in the filing of the application. A change
in the boundaries of any district may additionally be initiated by
resolution of the Commission or the Council.
(Ord. 1259 § 1, 2013)
