Indian Wells City Zoning Code

The proposed amendment is internally consistent with the General Plan; and

The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and

The proposed amendment would maintain the appropriate balance of land uses within the City; and

In case of an amendment to the General Plan Land Use Plan (i.e., Map), the subject parcel(s) is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use developments(s).

The following information is required for all Zone Change applications:

The following additional information is required for all Zone Change applications requesting a change in land use category, overlay district boundaries or neighborhood boundaries:

The Planning Commission shall hold at least one (1) public hearing and shall recommend approval, modified approval, or denial of the Zone Change request to the City Council by resolution based on the findings in Section 21.06.020(d).

The City Council shall hold at least one (1) public hearing and shall approve or approve in modified form the Zone Change request by ordinance based on the findings in Section 21.06.030(d), or shall deny the request.

The proposed Zone Change is consistent with the City of Indian Wells General Plan or any amendment approved concurrently with the Zone Change.

The proposed Zone Change is consistent with the intent and objectives of this Zoning Code.

The proposed Zone Change is consistent with any applicable area Master Development Plan or Specific Plan.

The proposed Zone Change is in the best interests of the health, safety and welfare of the community.

Adequate sewer and water lines, utilities, sewage treatment capacity, drainage facilities, police protection, fire protection/emergency medical care, vehicular circulation and school facilities will be available to serve the area affected by the proposed Zone Change when development occurs.

The intent of the Master Development Plan and Specific Plan requirement is to provide for the resolution of planning area or project-related issues by providing for a discretionary review of certain types of developments by the Planning Commission and City Council. The issues addressed by a Master Development Plan or Specific Plan will vary depending on the planning and/or type of project.

Any commercial development, resort hotel development, or development within a district designated for affordable housing shall require a Master Development Plans or Specific Plan approved by the City Council. Issues addressed during the review of commercial Master Development Plan or Specific Plans include access, architectural and landscape theme, on-site circulation and parking, general location of buildings, fencing and loading areas, hours of operation and noise. The area to be addressed shall encompass all of the proposed site or project and shall detail, at a minimum, the regulations, conditions, and programs necessary or convenient for the systematic implementation of each element of the General Plan as it applies to the site or project.

A Master Development Plan or Specific Plan is required for all residential developments located in the Natural Preserve Zone and may be required for residential developments in other areas if determined necessary by the Director of Community Development. The Director of Community Development may require a Master Development Plan or Specific Plan if:

A residential Master Development Plan or Specific Plan shall address issues such as circulation systems, parks, streetscapes and trails. Master Development Plans or Specific Plans for developments in hillside areas must also meet the requirements of the Natural Preserve Zone.

A Master Development Plan or Specific Plan may divide the project into phases intended for future consideration of design or approval.

Proof of Title to all the property contained in the application and authorization of the legal owners(s)

A completed application form.

Plans to scale as follows:

A deposit/fee as required by City Council resolution.

Information as required for a public hearing (See Section 21.06.100)

An environmental application. Supplemental documents may be required and may or may not be prepared by City staff at the discretion of the Director of Community Development.

Other information as required by the Director of Community Development.

Planning Commission. The Planning Commission shall hold at least one (1) public hearing and shall recommend approval, conditional approval, or denial of the Master Development Plan or Specific Plan by resolution based on the findings in Section 21.06.030(d)

City Council. The City Council shall hold at least one (1) public hearing and shall approve, deny, or conditionally approve the Master Development Plan or Specific Plan by resolution based on the findings in Section 21.06.030(d)

The proposed Master Development Plan or Specific Plan is consistent with the City of Indian Wells General Plan.

The proposed Master Development Plan or Specific Plan is consistent with any applicable zoning policies and regulations and with the intent of this Zoning Code.

The proposed Master Development Plan or Specific Plan is in the best interests of the health, safety and welfare of the community.

Time Limits. A Master Development Plan or Specific Plan shall become valid fifteen (15) calendar days after the date of the decision by the City Council.

Extensions. The Master Development Plan or Specific Plan shall lapse and become void one (1) year after approval of the subject plan was granted and became valid unless the right(s) granted therein have become vested or the time limit is extended by the City Council.

Abandonment and Lapse. Discontinuance of the right(s) granted by the Plan approval for a continuous period of twelve (12) months shall constitute an abandonment of the rights granted. Upon such abandonment, the City Council may declare the Plan null and void. If a Master Development Plan or Specific Plan lapses or is declared null and void, a new application may be filed and hearings shall be held in accordance with this Section. If such a lapse or declaration occurs, all activity authorized by the Master Development Plan or Specific Plan, except that specifically approved by the City Council to prevent significant loss and/or to insure the public safety and welfare, shall cease.

Proof of Title to all property contained in the application and authorization of the legal owners(s)

A completed application form.

Plans, to scale, to include the following:

A deposit/fee as required by City Council resolution.

Information as requested for a public hearing (See Section 21.06.100).

A letter of justification describing how the proposed project will meet the findings in Section 21.06.040(d).

An environmental application. Supplemental documents may be required and may or may not be prepared by City staff at the discretion of the Director of Community Development.

Proof of submittal of plans to the Homeowners' Association, if applicable, and resultant action.

Other information as required by the Director of Community Development.

Applications for Conditional Use Permits in Residential Zones. The following applies to applications for Conditional Use Permits on property located in a residential zone. The Planning Commission shall hold at least one (1) public hearing and shall approve, approve with conditions, or deny, the Conditional Use Permit by resolution based on the findings in Section 21.06.040(d).

If the Planning Commission approves, or approves with conditions, the Conditional Use Permit, the Clerk of the Planning Commission shall forward the approval or approval with conditions to the City Council for review and approval through the following process. The item shall be placed on the City Council's Consent Calendar. Any City Council Member or any interested person may remove the item from the Council's Consent Calendar and request that the item be scheduled for a public hearing before the City Council.

If the item is so removed from the Consent Calendar, the City Council shall hold at least one (1) public hearing and shall approve, conditionally approve, or deny the Conditional Use Permit by resolution based on the findings in Section 21.06.040(d).

If the item remains on the Consent Calendar, the "date of decision of the City Council" for purposes of Section 21.06.040(1) shall be the date the Consent Calendar containing the item is approved by the City Council. City Council action either by (i) removal of the item, Council public hearing, and Council approval, or (ii) acceptance by approval of the item on the Consent Calendar, shall constitute granting of the permit by the City Council in accordance with Section 21.06.040(a).

In the event the Planning Commission denies the application or imposes a condition with which the applicant disagrees, the applicant may appeal the Planning Commission's decision to the City Council in accordance with the appeal procedures set forth in Section 21.06.110.

Nothing herein shall prevent the Planning Commission from requesting that the City Council hold a public hearing on a Conditional Use Permit application.

Applications for Conditional Use Permits in Non-Residential Zones. The following applies to all Conditional Use Permit applications other than for property located in a residential zone of the City. The Planning Commission shall hold at least one (1) public hearing and shall recommend approval, approval with conditions, or denial of the Conditional Use Permit application by resolution based on findings in Section 21.06.040(d)

The recommendation of the Planning Commission shall be forwarded to the City Council. The City Council shall hold at least one (1) public hearing and shall approve, approve with conditions, or deny the Conditional Use Permit application by resolution based on the findings in Section 21.06.040(d).

The proposed location of the conditional use is in accord with the objectives of this Zoning Code and the purpose of the General Plan and zoning land use category in which the site is located.

The proposed conditional use will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity.

The proposed conditional use will comply with each of the applicable provisions of this Zoning Code except for approved Variances.

Time Limit. A Conditional Use Permit shall become valid, and a revocation shall become effective fifteen (15) calendar days after the date of the decision.

Extension. The Conditional Use Permit shall lapse and become void one (1) year after approval of the subject permit was granted by the City Council unless the right(s) granted therein have become vested or the time limit is extended by the City Council.

The City Council may extend the Conditional Use Permit time limit following the consideration of an application for same at a duly noticed public hearing upon making a finding that such extension is justified and not detrimental to the public safety and welfare.

The City Council may by resolution approve, approve with conditions, or deny the application for time limit extension. If approved or approved with conditions, the length of the extension shall not exceed the length of the time granted in the original Conditional Use Permit approval.

Minor Revisions or Modifications. A modification or revision to a Conditional Use Permit may be approved by the Director of Community Development if he/she determines that the revision is minor in nature and that the following requirements are met:

Major Revisions or Modifications. For any modifications or expansions which are determined by the Director of Community Development to be major, a new application shall be filed and hearings held in accordance with this Section.

Proof of Title to all the property contained in the application and authorization of the legal owner(s)

A completed application form.

Plans as required by the Director of Community Development.

A deposit/fee as required by City Council resolution.

Information as required for a public hearing (See Section 21.06.100)

A letter of justification describing how the project meets the required findings in Section 21.06.050(d)

Proof of submittal of plans to the Homeowners' Association, if applicable, and resultant action.

Other information as required by the Director of Community Development.

The strict application of this Zoning Code deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings.

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.

The granting of the Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and same zoning classification.

The granting of the Variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

Time Limits. A Variance shall be valid, and a revocation shall become effective, fifteen (15) calendar days after the date of the decision.

Extension. The Variance shall lapse and become void one (1) year after approval of the subject Variance was granted by the City Council and became effective unless the right(s) granted therein have become vested or the time limit is extended by the City Council.

The Planning Commission may extend the time limits following the consideration of an application for same at a duly noticed public hearing upon making a finding that such extension is justified and not detrimental to the public safety and welfare. The Planning Commission shall by resolution approve, approve with conditions, or deny the application for a time limit extension.

If approved or approved with conditions, the length of the extension shall not exceed the length of the time granted in the original Variance approval. Any such approval or approval with conditions of an extension by the Planning Commission shall be subject to City Council review and approval by the Consent Calendar process described in Section 21.06.050(c).

In the event the Planning Commission denies the application for a time limit extension or imposes a condition with which the applicant disagrees, the applicant may appeal the Planning Commission's decision to the City Council in accordance with the appeal procedures set forth in Section 21.06.110.

Nothing herein shall prevent the Planning Commission from requesting that the City Council hold a public hearing on an application for a time limit extension.

Abandonment and Lapse. Discontinuance of the rights granted by the Variance approval for a continuous period of twelve (12) months shall constitute an abandonment of the rights granted and the Variance shall lapse and be null and void. If a Variance lapses, a new application may be filed and hearings shall be held in accordance with this Section. If such lapse occurs, all activity authorized by the Variance shall cease, except that specifically approved by the Planning Commission by resolution to prevent significant loss and/or to insure the public safety or welfare. Said Planning Commission action is subject to City Council review and approval through the Consent Calendar process described in Section 21.06.050(c).

Short-term activities or uses that are established for a short period of time (e.g., construction offices, off-site parking facilities, tents, signs/banners, etc.); or

Special events, as defined in Section 21.08.445(b), which may be appropriate when regulated.

Minor TUPs are generally considered a short-term use or event that would have little to no effect on surrounding properties and occur entirely upon private property not zoned for residential use. The use or event must be located within an existing site of sufficient size to provide adequate space, circulation and parking for the anticipated use, or event attendance, and shall meet the following performance standards, as determined by the Community Development Director:

Application Requirements (Minor TUP). The following information is required for submittal of a minor TUP application:

Review and Approval Authority (Minor TUP). The Director of Community Development may administratively approve or deny minor TUPs within thirty (30) days of a completed application. A minor TUP may be denied, approved as applied for, approved in modified form, or approved with conditions as necessary to protect the best interests of the surrounding properties, the neighborhood, the City as a whole, and the intent and purposes of applicable City regulations and standards.

Major TUPs include any short-term use or event that does not qualify as a minor TUP and may have the potential to affect surrounding land use and traffic circulation, as determined by the Community Development Director. Major TUPs may include property zoned for commercial and private residential use and shall be issued only after any required environmental review. Major TUPs must meet the following performance standards:

Application Requirements (Major TUP). The following information is required for submittal of a major TUP application:

Review and Approval Authority (Major TUP). The Director of Community Development may administratively approve or deny major TUPs within thirty (30) days of a completed application provided a noticed public meeting is held at the Planning Department with the Director, planning staff and affected public to go over the proposed use or event details to address any concerns or questions. Alternatively, the Director has the authority to schedule a major TUP for formal public hearing with the Planning Commission, at his or her discretion subsequent to review of a completed application. A letter of notification for the administrative public meeting shall be sent to all property owners and residents within three hundred feet (300′) of the subject property as shown upon the current tax assessor's records of Riverside County. Notice of the public meeting shall be given by U.S. Postal Service certified mail, not less than ten (10) days prior to the date of the meeting. Certified mailing labels shall be provided to the City by the applicant as required under subsection (d)(3). An administrative decision to grant or deny a major TUP shall be made by the Community Development Director based on the findings in subsection (f). The Director shall schedule a major TUP for a formal public hearing with the Planning Commission, when a TUP:

Administrative Public Meeting—Findings. The Community Development Director upon conclusion of the public meeting for a major TUP shall declare his or her decision based on the following findings:

A major TUP that is substantially unchanged regarding location and activities from a previous temporary use, which was reviewed and approved through a public meeting, may be issued without any subsequent public meetings, with a provision that the original conditions of approval still apply. The Community Development Director may schedule a public meeting for the subsequent temporary use or event if the Director determines there are significantly changed circumstances following the previous approval.

Any temporary use or event which will be held within an enclosed structure or grounds and will be completely encompassed (including parking) within the premises of a hotel or sports complex property that is normally associated with the main function of the structure or grounds (e.g., conference rooms, ballrooms, event lawns, etc.) and does not require the review or approval of any other permit or application; and

Any temporary use or event specifically approved by a Conditional Use Permit (CUP).

Commercial Zones—Parking Space and Loading Requirements. In all Commercial Zones, a parking space and loading space reduction of not more than five (5) percent of that required by City Code, provided such reduction will not at the time of application, nor in the foreseeable future, detrimentally affect either safety or vehicular flow within the project or within the immediate area of the project.

Commercial Zones—Solar Energy Systems Partially Screened. In Commercial Zones, solar energy systems partially screened that may be visible from adjacent residences or properties and/or public ways may be installed provided such an installation does not detrimentally affect the character of the neighborhood. Hedge height standards may be increased only to provide additional solar energy system screening, provided such an increase will not at the time of application, nor in the foreseeable future, detrimentally affect either safety or vehicular flow within the project or within the immediate area of the project or the views of adjacent property owners.

Residential Zones—Front Yard Setback. In Residential Zones, a front yard setback reduction of not more than twenty (20) percent of that required by City Code, provided that such request for front yard setback adjustment is for carport conversions into garages and meets the following qualifications:

Residential Zones—Corner Cutback Areas. In Residential Zones, the "corner cutback area," as defined in Section 21.50.040(a), may be measured from the curb line rather than from the property line, provided that such measurement does not interfere with the visibility at and around the intersection and there is no street widening planned or contemplated for the frontage at issue.

Residential Zones—Location of Front and Corner Lot Walls. In Residential Zones, the location of front and corner lot walls on a single family lot may be adjusted to be consistent with the setbacks of existing front and corner lot walls in the immediate area, provided the character of the area is not detrimentally affected.

Residential Zone—Driveway Widths. In Residential Zones within a private gated community, driveway widths may be increased at that point at which they meet the street (or easement) to be consistent with driveway widths in the immediate area, provided such increase does not detrimentally affect the character of the neighborhood.

Residential Zones—Building Pad and Finished Floor Elevations. Modifications of residential building pad and/or finished floor elevations may be reviewed and approved through the process of administrative relief provided that the building height does not exceed the maximum building height permitted under the originally approved building pad elevation.

Residential Zones—Emergency generators that do not exceed fifteen thousand (15,000) kilowatts.

Alternative energy devices—Ground mounted equipment used to generate residential energy that is located completely within an enclosed structure.

The findings as set forth in Section 21.06.050(d);

That the proposed project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21083 and CEQA Guidelines Section 15300 et seq. (14 C.C.R. Section 15300 et seq.);

The intent of this Zoning Code and of the specific regulation in question is being preserved;

The measures proposed by the applicant make the strict application of the requirements of this division inappropriate;

Any other findings required by this Zoning Code for the particular project.

Notification Area. A listing of all site and mailing addresses of real property, including a listing of owner's associations governing the property within a radius of three hundred (300) feet of the exterior boundaries of the property involved in the proposed project or application as shown upon the current tax assessor's records of Riverside County. If deemed appropriate by the Planning Director or his or her designee, the notification area radius may be increased. The applicant shall reimburse the cost associated with all public notifications to the City that involve a proposed project or application.

If commercial properties are located within the notification area, the applicant shall also provide a list of owners, tenants, including any leasing company and manager of the commercial property.

The list of addresses shall be typed upon gummed labels (two (2) sets, laser printer format), together with required postage. The list shall be prepared and certified by the applicant, or a title insurance company, civil engineer or surveyor licensed to practice in California.

For all properties located within the notification area, the applicant shall provide a map that is keyed to the list of addresses as required above.

Required Time of Noticing. Notice of a public hearing shall be given by mailing, not less than ten (10) days or more than sixty (60) days prior to the date of the hearing, postage prepaid.

Combined Notice. Notwithstanding any other provision of law, when a matter requires a public hearing before both the Planning Commission (as a recommendation) and the City Council (as a final action), notice of both public hearings may be combined into a single written notice. The combined notice shall contain the date, time, and place of both public hearings as well as the identity of both hearing bodies, the environmental-review status, and the location and proposed use of the subject property and a general description of the matter that is the subject of the hearings. The combined notice shall be mailed at least ten (10) days prior to the Planning Commission public hearing on the matter. The combined notice need not include the written recommendation of the Planning Commission.

Required Notification. Notices shall be posted and mailed to the applicant, all parties requesting said notifications to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project and to all addresses on the notification list required by Section 21.06.100(a).

Waiver of Noticing Requirement. In the event that the number of owners and tenants to whom notice would be sent is greater than one thousand (1,000), notice may be given at least ten (10) days prior to the hearing by placing a display advertisement of at least one-eighth (1/8) page in the newspaper having the greatest circulation within the area affected by the proposed action. The notice shall state the nature of the request, the location of the property (text or diagram), the environmental-review status, the date, time, and place of the scheduled hearing(s), and the hearing body(ies).

Notice Content. Notices shall state the nature of the request, location of the property (text and diagram), the environmental-review status, the date, time and place of the scheduled hearing(s), and the hearing body(ies).

City Council. In addition to public hearings the City Council may otherwise be required to hold pursuant to State law, the City Council shall hold a public hearing on the following applications:

Planning Commission. In addition to public hearings the City Council may otherwise be required to hold pursuant to State law, the Planning Commission shall hold a public hearing on the following applications:

Any person, firm, or corporation, whether acting as principal, agent, employee, or otherwise, violating any provisions of this Zoning Code or any Conditional Use Permit, Variance, Temporary Use Permit, or adjustment granted hereunder, shall be guilty of the penalty prescribed by Municipal Code Section 1.16.010. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this division is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided.

Any building or structure set up, erected, built, moved, or maintained, or any use of property contrary to the provisions of this Zoning Code, or any conditions attached to the granting of any Conditional Use Permit, Variance, Temporary Use Permit, or adjustment pursuant hereto shall be and the same is hereby declared to be unlawful and a public nuisance; and the duly constituted authorities of the City of Indian Wells shall, upon order of the City Council, immediately commence actions or proceedings for the abatement thereof in the manner provided by law and shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate such building, structure, or use of any property contrary to the provisions of this Zoning Code as the City Council may adopt.