Indian Wells City Zoning Code
CHAPTER 21
60 ARCHITECTURE AND LANDSCAPE REVIEW
Note: Prior ordinance history: Ords. 387, 424, 437, 527, 582, 596, 606, 610, 624, 632, 636 and 690.
§ 21.60.010 Purpose.
The intent of Architecture and Landscape Review is to ensure that the general appearance of structures, buildings and other constructed and erected objects is compatible with the existing built and landscaped environment and to ensure harmony between the structure and landscape.
It is not the purpose and intent of this Chapter to inhibit or direct the particular architectural or landscape design, or to specify the exterior detail, design, color, or materials proposed by the applicant, except as required to help ensure compatibility with the character and standards of the surrounding neighborhood and the City in general.
(Ord. 727 § 2, 2020)
§ 21.60.020 Applicability and Review Authority.
This Chapter applies to the following activities:
Obtaining a permit to construct a building or structure in any zone;
Undertaking any external modification to a structure visible to any roadway or open space, public or private;
Installation of new or remodeled landscape projects in excess of 250 square feet within all areas of the City except common interest development areas that are not visible from public right-of-way;
Installing new or modifying an existing antenna, outdoor lighting, landscape lighting, private tennis court, emergency generators greater than 15,000 kilowatts; and
Minor exterior remodel of or addition to a single-family residence, such as:
A window or door change-out,
A change of exterior house color (desert tones are preferred),
A wall, fence, planter, fountain, or similar architectural amenity,
Re-roofing,
A patio cover,
Solar panels,
An addition in the rear or side yard that is not visible to any roadway or open space area, public or private,
Front and side-yard landscape projects visible from the street with a landscaped area greater than 250 square feet and less than 2,500 square feet,
Before commencing any of the activities listed in subsection (a) above, the owner of the property must submit a design review application to the Planning Department, to ensure compliance with the provisions of this Chapter, as well as with the basic zoning and other design parameters that are specified in the Zoning Code. Submissions may be done electronically via the City's website or in person with the Planning Department.
For purposes of this Chapter, the Planning Department, DRC, or the Planning Commission is the "Review Authority" when making the initial decision about an application.
If an application is consistent with all the requirements of the Zoning Code:
Planning Department Review.
The Planning Department is generally the Review Authority for the following:
However, the Community Development Director may refer the application to the Design Review Committee ("DRC") or directly to the Planning Commission as the Review Authority.
DRC Review. The DRC is generally the Review Authority for an application under any of subsections (a)(1) through (a)(4) above, including landscape projects larger than 2,500 square feet, but any member of the DRC may refer the application to the Planning Commission as the Review Authority.
If an application is inconsistent with any requirement of the Zoning Code, the Planning Commission is the Review Authority unless an administrative landscape exception request is granted under Section 21.60.085(d)(6).
(Ord. 727 § 2, 2020; Ord. 752, 2/15/2024)
§ 21.60.025 Design Review Committee.
The City hereby establishes a Design Review Committee ("DRC") as a subcommittee of the Planning Commission.
The DRC consists of two (2) Planning Commissioners and the Community Development Director.
The two (2) Planning Commissioners are appointed by the Planning Commission annually.
The DRC meets on an as-needed basis to review applications for minor remodels or additions in accordance with Section 21.06.020(b) above. DRC meetings are public meetings, and public notice is posted seventy-two (72) hours before the meeting as required by law.
(Ord. 727 § 2, 2020)
§ 21.60.030 Appeal process.
Any design review decision made by the Design Review Committee ("DRC") may be appealed to the Planning Commission within fifteen (15) days from the date of decision. The Planning Commission shall consider the matter and affirm, reverse, or modify the DRC decision. A decision of the Planning Commission may be appealed to the City Council in accordance with the requirements of Section 21.06.110.
(Ord. 727 § 2, 2020)
§ 21.60.040 Review procedure.
The following procedure shall be followed for review of design review applications.
Submission of Application. The applicant shall submit a complete design review application to the Planning Department before it may be considered for review by the Review Authority (as defined by Section 21.60.020(b)(1)). After submission to the Planning Department, the Department will assign a case number to the application and forward the application to the Building and Safety Department if necessary.
Individual Review. Each design review application shall be reviewed individually. The Review Authority shall review each application and issue a written decision for the application indicating approval, conditional approval, or denial.
Compliance with City Requirements. All design review applications presented for review shall comply with the basic zoning and design parameters set forth in the Zoning Code and applicable design guidelines established by the City.
Incomplete Applications. Submittal applications that are incomplete will be returned by the Planning Department prior to review of the application for compliance with the provisions of this Chapter and with the basic zoning and other design parameters that are specified in the Zoning Code.
Approval of Application. Working drawings can be submitted to the Building Department, and building permits can be secured, only after approval of the design review application by the Review Authority. A certificate of occupancy may only be issued when the City verifies that the completed construction complies with the approved design review application and all other applicable laws and regulations.
(Ord. 727 § 2, 2020)
§ 21.60.070 Considerations in review of applications.
The Review Authority (as defined by Section 21.60.020(b)(1)), shall consider the following matters, in addition to all applicable laws and regulations in reviewing applications:
Traffic Safety and Traffic Congestion.
The effect of the site development plan on traffic conditions on abutting streets;
The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exists, drives and walkways;
The arrangement and adequacy of off-street parking facilities to prevent traffic congestion;
The location, arrangement and dimensions of truck loading and unloading facilities;
The circulation patterns within the boundaries of the development; and
The surfacing and lighting of off-street parking facilities.
Landscaping.
The location, height and materials of walls, fences, hedges and screen plantings to insure open appearance and safety of driving along streets, harmony with adjacent development, or to conceal storage areas, utility installations, antennas, private tennis courts, refuse containers, emergency generators, service yards, or other unsightly development;
The planting of other shrubs and landscaping or the use of other landscaping for beautification, enhancement, visual relief or screening, to establish and maintain a high-grade development and the character of the City;
The planting of ground cover or other surfacing to prevent dust and erosion;
The unnecessary destruction of existing healthy trees;
Type and efficiency of irrigation system;
Amount of open space; and
Use of native and other drought-tolerant landscaping.
Buildings and Site Layout.
Consideration of the general silhouette and mass, including location on the site, elevations and relation to natural plant coverage, all in relationship to the neighborhood;
Consideration of exterior design in relation to adjoining structures in height, bulk and area openings, breaks in the facade facing the street, line and pitch of roof, screening of mechanical equipment from view, and arrangement of structure on the parcel;
Consideration of adequate usable outdoor living space for each dwelling unit occupying or to occupy the site;
Consideration of the size and shape of the building site and lot; and
Lighting and its compatibility with adjacent land uses and roadways.
Site Design. Consideration of the arrangement, location and screening of driveways, storage areas, utility installations, antennas, private tennis courts, refuse containers, emergency generators, service yards or other auxiliary household equipment and accessory structures or uses and its compatibility with adjacent land uses.
Drainage. The effect of the site development plan on the adequacy of the storm and surface water drainage.
(Ord. 727 § 2, 2020)
§ 21.60.080 Architecture application requirements.
A complete design review application shall include the items listed below. Submissions that are incomplete will not be considered. The Planning Department or Review Authority (as defined by Section 21.60.020(b)(1)) may require additional information for a particular application. Design guidelines established by the City, or if applicable, a homeowners association's architectural guidelines should be consulted prior to submission of the application. A complete application must include each of the following:
Application to Construct Form. A completed "Application to Construct" form which can be obtained in electronic or hard-copy format from the City.
Required Plans (Electronic Copies Preferred). Two sets of 24-inch by 36-inch or 30-inch by 42-inch bluelines or blacklines, along with one rendered blackline each of the residence, elevations, landscape plans prepared in accordance with Section 21.60.085, and other data pertinent to the particular application. Rendered blacklines shall be rolled, not folded. Defaced, incomplete, indefinite or faded plans will not be accepted. All residential plans and elevations shall be drawn at a minimum scale of one-eighth inch equals one inch. For single-family residential submittals, a set of plans shall consist of the items listed below. Requirements for multi-family residential and non-residential projects shall include information necessary to evaluate the proposed project as determined by the Community Development Director.
Site Plan.
Legal description (lot and tract);
Lot size (dimension along each property line);
Zone classification and type of development of subject property and of all adjacent property, including across any street. Show distance of structure(s) on adjacent properties that are within 10 feet of project property line;
Setback of existing and proposed buildings in relation to property lines per standards of the zone;
Locations of swimming pools, spas, air conditioner equipment, pool and spa equipment (i.e., heater, pump), storage areas, utility installations, antenna, tennis courts, refuse storage areas and other auxiliary household equipment shall be noted on site plans;
Computed areas of building coverage, impervious surfaces, landscaping, and open space;
Dimension of property lines or boundary lines of project;
Location, names and widths of boundary streets; and recorded road, utility or drainage easements on property (where none exists, indicate by a note that no easement exists);
Elevation of existing curb and gutter where available or edge of pavement where no curb exists;
Pad grade and finish-floor elevations, provide information on adjacent parcels if available;
Heights of existing or proposed walls and fences, as measured from exterior side of wall (side facing street or adjacent property);
A "line of sight" section for all in-fill construction;
Clear delineation of all proposed driveways subject to the criteria outlined under Section 21.20.080; and
For all large-scale development (10 acres or larger), the inclusion of natural open space areas to provide habitat for native wildlife.
NOTE: All site plans must include sufficient information to demonstrate compliance with all applicable development standards in the Zoning Code. |
Floor Plan. Square footage of living space and location, size, and use of all rooms. Show all significant dimensions.
Elevations.
Provide all elevations identified as front, rear, right and left side;
Show locations of doors, windows, chimneys, etc.;
Show exterior finishes and roof material;
Dimension elevation from pad grade, indicate all significant vertical dimensions; and
Show all proposed plant material (trees and shrubs) against elevations. Provide as separate set of elevations.
Roof Plan. Only 30 percent of the total roof area may exceed 15 feet in height, up to a maximum 18 feet. Identify that portion of the total roof area that exceeds 15 feet in height. Show percent calculation on plan.
Mailbox Design per United States Postal Service Requirements. Provide a minimum one-half inch equals one foot zero inches scale mailbox design not to exceed four feet in height and 18 inches in width or depth.
NOTE: Review of design packages containing landscape plans not prepared by a California licensed landscape architect will be subject to additional review fees incurred by the City for the review of such plans by professional design consultants.
Conceptual Lighting Plan. Plan shall be submitted delineating size, location, light spread, illuminating capacity (candle power) and hours of operation of proposed exterior lighting. Plan shall be in conformance with lighting standards found in Chapter 22.12 of the City Municipal Code.
Materials Sample and Color Board. (Maximum size eight and one-half inches by 14 inches): Sample of materials should be kept to a minimum size; include exterior finishes of residence including door and window trim colors, and garden walls, along with exterior colors. (Desert tone colors are preferred.)
Fee. An application fee in an amount published by the Planning Department is required for review and processing of architectural design packages.
(Ord. 727 § 2, 2020; Ord. 752, 2/15/2024)
§ 21.60.085 Landscape application requirements.
A complete landscape application shall include the items listed below. Submissions that are incomplete will not be considered. The Planning Department or Review Authority (as defined by Section 21.60.020(b)(1)) may require additional information for a particular application. Design guidelines established by the City should be consulted prior to submission of the application.
Purpose and Intent. This Section provides general standards establishing landscaping requirements that are intended to:
Protect and elevate the City's unique desert setting, distinguishing itself as a prestigious resort community. The standards set forth aim to enhance the aesthetic appearance of all developments.
Ensure compatibility between adjoining land uses and public rights-of-way, ensuring a harmonious blend with the surrounding environment.
Conserve water through efficient irrigation and appropriate plant selection and align the City's standards with State water conservations acts aiming to reduce water consumption.
Prioritize the health and safety of the public, ensuring that landscaping practices in the City enhance pedestrian and vehicular traffic safety and maintain the integrity of neighborhoods.
Establish a unified City landscape theme, promote water conservation and enhance the physical and natural beauty of the environment.
Application. The landscaping requirements in this Chapter apply to the following within all areas of the City except common interest development areas that are not visible from public right-of-way:
All new landscape or remodeled landscape projects on or after January 1, 2024 that affect more than 250 square feet;
Unless they are subject to subsection (b)(1) of this Section, properties with existing legal non-conforming projects as allowed under Section 21.90.030 of the Municipal Code are considered "grandfathered" and exempt from regulations of this Section. Changes to existing legal non-conforming or "grandfathered" landscape projects are subject to regulations in Section 21.90.030 of the Municipal Code.
Fee. An application fee in an amount published by the Planning Department is required for review and processing of landscape design packages.
Definitions. As used in this Section, terms are defined as follows:
means a surface made from synthetic fibers to look like natural grass.
means the process of creating raised areas of soil, often for the purpose of enhancing landscape design or managing water flow.
means trees that are sold in large square containers. Size, such as 24-inch or 36-inch, refers to the diagonal measurement of the box.
means decomposed organic matter used to enrich soil.
means plants that can survive with minimal water, often native to arid regions.
means elements in a landscape design that capture attention, such as a unique plant, water feature, statue, or other installations.
means a mathematical ratio found in nature and art, often used in design for its aesthetically pleasing properties. In landscaping, it refers to the proportional arrangement of plants and hardscape.
refers to properties that currently have legal non-conforming landscapes in place. These properties are classified as grandfathered and are therefore exempt from the regulations outlined in this Section unless they are subject to subsection (b)(1) of this Section. Any modifications to these grandfathered landscapes will be regulated pursuant to Section 21.90.030.
means non-living elements of landscaping, such as concrete patios, walkways, and walls.
means a portion of the landscaped area having plants with similar water needs that are served by sprinkler heads, a valve or set of valves with the same schedule.
means inorganic materials used to cover the ground for decorative or functional purposes, such as decomposed granite, crushed rock, cobbles, and boulders.
means a system that delivers water to plants. Types include drip irrigation (where water drips slowly to the roots of plants) and sprinkler systems.
means all non-turf areas such as parkways, planters, flower beds and undeveloped areas that require landscape, irrigation and weed control.
means an organic material spread around plants to retain moisture, suppress weeds, and improve soil health.
means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events.
means water not treated to drinking water standards and is not meant for human consumption. Includes raw (untreated) water from reservoirs, which is commonly used for irrigation and other purposes.
means a natural material used to cover the soil and enhance its quality. Examples include mulch and compost.
means the number of plants within a defined landscape area calculated as an average of plants per 100 square feet.
means the volume of the container in which a plant is sold, which gives an approximate idea of the size of the plant. Common sizes include one-gallon, five- gallon, and 15-gallon.
means how fine or coarse the surface of a plant or inorganic material is. For inorganic ground cover, texture refers to the size of the crushed rock, pebbles, stone, etc.
means a root deflector, which can be made from various materials that help block or redirect roots to prevent damage to adjacent hardscape features or structures.
means the upper layer of ground that is made up of live grass and plant roots.
means a permeable cloth material laid over the ground to prevent the growth of weeds.
Review and Permitting Authority.
All landscape projects with a landscaped area greater than 250 square feet and less than 2,500 square feet shall be reviewed and permitted by the Planning Department in compliance with this Section.
Landscape plans exceeding 2,500 square feet and not within an active homeowner's association shall be reviewed by the City's Design Review Committee (DRC).
Landscape plans for areas greater than 2,500 square feet shall require plans drawn by a professional landscape architect licensed in the State of California.
All properties that require the installation of landscaping in compliance with the development standards of this Title shall provide and maintain landscaping in compliance with the provisions of this Chapter.
The following landscape projects shall also comply with Chapter 21.70, Water Efficient Landscaping, of the City Municipal Code.
New construction and rehabilitated landscapes for public agency projects and private development projects requiring a building or landscape permit, plan check or design review;
New construction and rehabilitated landscapes which are developer-installed in single-family and multi-family projects requiring a building or landscape permit, plan check or design review; and
New construction and rehabilitated landscapes which are homeowner-provided and/or homeowner-hired in single-family and multi-family residential projects with a total project area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check or design review.
Administrative Landscape Exception. The provision of an administrative landscape exception facilitates regulatory flexibility when a standard is deemed inapplicable or unsuitable for a particular use or design.
Application. Applicants shall submit a written request for an administrative landscape exception to the Planning Department, accompanied by a comprehensive description and relevant drawings of the proposed project as outlined in this subsection (d). The Community Development Director may request additional information as necessary.
Approval. The authority to grant or deny an administrative landscape exception resides with the Community Development Director. However, the Community Development Director may refer the application to the Design Review Committee ("DRC") or the Planning Commission for decision-making. The following findings shall be made prior to approval of the administrative landscape exception:
The findings as set forth in Section 21.06.050(d);
That the proposed project is exempt from the California Environmental Quality Act ("CEQA");
Preservation of the intent of this Zoning Code and the specific regulation under consideration;
The circumstances make the strict application of the requirements of this Section to the proposed project inappropriate.
Submittal of Landscape Plan. A comprehensive and fully dimensioned landscape plan shall be submitted to the Planning Department, including the following details:
Site plan with north arrow identifying the planting areas drawn to scale, along with the location and spacing of proposed plants, trees and any other vegetation. Plants having similar water use shall be grouped together in distinct hydrozones.
Show the location and type of irrigation system to be utilized within the different hydrozones, as appropriate.
Show all existing or proposed features on the site plan, including pools, spas, fountains, decks (concrete or wooden), planters, walkways, gates, low walls, etc. Also indicate proposed finishes for all flat work.
Provide a complete plant palette legend identifying size and species, both common and Latin names, and water usage per the Water Use Classification of Landscape Species (WUCOLS). Drought tolerant species are encouraged.
Landscape Design Standards. Landscape designs for residential lots, common areas, and commercial developments shall be required to meet the minimum design criteria:
Residential Lots.
Plant density shall be three plants per 100 square feet of landscape area minimum.
Live or artificial turf areas are permitted and discounted from overall landscape area.
A variety of five unique plant species shall be incorporated within the overall landscape area.
70% of plants shall be five-gallon; 30% of plants shall be 15-gallon. Only seasonal plantings (flowers) may be less than five-gallon, but shall not be counted toward plant density.
A minimum of two 24-inch box trees required in each front yard. Two palm trees at least eight feet in height may substitute for one 24-inch box tree. Corner lots shall meet this minimum tree requirement for each of their frontages. Tree root control barriers shall be used on trees installed within five feet of any hardscape element or structure.
Common Areas.
Plant density shall be three plants per 100 square feet of landscape area minimum.
Artificial Turf Areas Permitted. Non-functional turf permitted only if irrigated by non-potable water source. Non-functional turf and/or artificial turf shall be discounted from overall landscape area.
A variety of four unique plant species shall be incorporated within the overall landscape area.
70% of plants shall be five-gallon; 30% of plants shall be 15-gallon. Only seasonal plantings (flowers) may be less than five-gallon, but shall not be counted toward plant density.
One 36-inch box tree or two palm trees at least eight feet in height required per 1,000 square feet of landscape area.
Commercial Areas.
Plant density shall be four plants per 100 square feet of landscape area minimum.
Artificial Turf Areas Permitted. Non-functional turf permitted only if irrigated by non-potable water source. Non-functional turf and/or artificial turf shall be discounted from overall landscape area.
A variety of five unique plant species shall be incorporated within the overall landscape area.
70% of plants shall be five-gallon; 30% of plants shall be 15-gallon. Only seasonal plantings (flowers) may be less than five-gallon, but shall not be counted toward plant density.
Trees shall be incorporated into the design of all off-street parking areas in compliance with Section 21.100.030 of the City's Municipal Code.
Trees shall be planted along commercial street frontages at a rate of one 36-inch box tree, or one palm tree at least 10 feet in height, per 30 linear feet of street frontage or at the minimum distance between trees as recommended for the specific tree species.
Inorganic Ground Covers and Materials. Open or voided areas within a defined landscape area shall be covered with inorganic ground covers, including, but not limited to, decomposed granite, crushed rock, cobbles, boulders, and mulch is acceptable. Bare earth shall not be permitted. A minimum of two different textures of inorganic ground covers shall be required within defined landscape areas, including, but not limited to:
Crushed rock. One-half-inch to one-inch in size, installed at two-inch minimum depth.
Decomposed granite. Two-inch minimum depth. Not permitted on slopes greater than 3:1.
Cobble. Eight inches or less diameter set on grade with one inch partially buried so that cobble is not sitting on grade.
Pebbles. One-inch to two-inch in size, installed at three-inch minimum depth.
Mulch. Three-inch minimum depth.
Boulders. Maximum three feet in height and must be buried one-third of height of boulder.
Artificial turf must be manufactured to meet the following quality standards:
Mounding and the use of complementary colors are encouraged to enhance visual interest and topography within the landscape area. Mounding shall be maintained at a maximum slope ratio of 3:1 with a maximum height of three feet.
Weed barriers are encouraged.
Aesthetic Design. The City's landscape aesthetic design guidelines and concepts are encouraged to improve the overall landscape design consistent with the City's quality of life standards. The Community Development Director may refer landscape designs, which do not meet the intent of the aesthetic design guidelines, to the City's Design Review Committee (DRC) for further review. The following landscape aesthetic design guidelines shall be considered during Planning Department review of required landscape plans:
Use of Complimentary Colors. Colors that harmonize and enhance the overall landscape design and built environment are encouraged.
Berming. The aesthetic use of berms and undulating topography is strongly encouraged to add visual interest to the overall landscape design.
Proportion and Scale. The design should consider the size relationship between plants, hardscape, and architectural elements, including the application of principles such as the "golden ratio" for spatial arrangements.
Order and Balance. Symmetry is encouraged in formal or modern gardens, while asymmetrical planting designs are preferred for natural garden settings. The architecture and setting should inspire the landscape design. For natural settings, shrubs should be planted in non-uniform masses to present a natural landscape appearance.
Repetition and Unity. Repetition fosters order, but variety is essential to prevent monotony. This can be achieved through the effective use of color, texture, and form.
Focal Points. The overall landscape design should incorporate focal points, such as unique plants or features (e.g., boulders, water features, planters, hardscape designs) that contrast with their surroundings in terms of color, size, or texture.
Interconnection. Dry river features and pathways are encouraged to connect different landscape areas, promoting unity and flow.
Simplicity. The design should prioritize simplicity, focusing on primary and accent installations.
Plant Placement. A hierarchy of plant placement is encouraged, with low plants in the foreground and taller plants against structures to create depth. Consideration should be given to the mature size of plants to prevent overcrowding.
Seasonal Interest. A mix of perennial and seasonal plants is recommended to ensure year-round color and interest.
Texture and Form. A variety of textures and forms should be incorporated for added interest. The combination of fine and coarse-textured materials, such as boulders, crushed rocks, cobbles, and decomposed granite, in complementary colors is encouraged.
Landscape Lighting. Any outdoor lighting shall comply with Chapter 22.12, Lighting Standards, of the City Municipal Code.
Landscape Water Features. Any water features included within the landscape area should complement the overall design, be proportionate in size, incorporate recirculating water system, and shall not exceed a maximum of 18 inches in depth measured from the highest possible water level as required by California Building Code Chapter 31 (Special Construction), Section 3119.
Project applicants shall reference the Lush and Efficient Landscape Gardening Manual prepared by the Coachella Valley Water District prior to submittal of any landscaping plan for review and approval by the City: http://web.cvwd.org/conservation/lush book/index.html. Applicants shall also consult the Invasive Plant Inventory prepared by the California Invasive Plant Council prior to selection of any plant species for landscaping: https://www.calipc.org/plants/
Irrigation and Maintenance.
All landscaped areas within the City of Indian Wells shall be irrigated by an automatic irrigation system compliant with Chapter 21.70, Water Efficient Landscaping, of the City Municipal Code.
All required landscaping and associated irrigation systems shall be appropriately installed and must receive approval from the Planning Department prior to the inauguration or occupancy of the property.
All installed landscaping and irrigation systems shall be consistently maintained in accordance with the following specifications or shall be subject to code enforcement penalties in accordance with Section 8.08.010, Maintenance of property — Conditions that are nuisances.
Landscape maintenance shall encompass regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of deceased plants, and the repair and replacement of irrigation systems.
To the greatest extent feasible, landscape irrigation water shall not run off the property to create pooling of stagnant water in the street or gutter.
Water features, ponds, or any stagnant water bodies within landscaped areas must be equipped with appropriate mosquito prevention measures, such as circulation systems, mosquito fish, or other approved methods, to prevent the breeding of mosquitos. Circulation systems should run at least eight hours per day. If a feature has no pump or other approved mosquito control measure, water shall be drained and replaced every 96 hours. Regular inspections and maintenance of these measures are encouraged to ensure their effectiveness.
Property owners, homeowner's associations, or other responsible entities shall ensure that no stagnant water accumulates in any landscaped areas, as such conditions can become breeding grounds for mosquitos. Neglected pools, fountains, or standing water shall be drained to prevent breeding of mosquitos. Property owners shall notify the Coachella Valley Mosquito and Vector Control District if their water feature is drained or neglected.
Prior to the approval of a final development plan permit or the recording of a subdivision map, a covenant ensuring the ongoing maintenance of all required landscaping and irrigation systems shall be established. This covenant, whether held by property owners, homeowner's associations, or another responsible entity, must be approved by the Community Development Director, with the recommendation of the City Attorney, and subsequently recorded in the County Recorder's office.
Public Safety and Protection of Intersection Visibility.
Landscape design plans for corner parcel development projects must ensure traffic safety sight areas are designed to uphold public safety, consistent with Section 21.50.040, Protection of intersection visibility regulations, of City's Municipal Code.
Trees and shrubs shall be planted so that at maturity they do not interfere with utility service lines, street lighting, street sweeping, traffic safety sight areas, on-site signs, and basic property rights of adjoining property owners.
Trees planted near public curbs, sidewalks, or utility vaults shall have a limited root structure and shall be installed to prevent physical damage to public improvements and shall comply with the following provisions:
Canopy trees shall be placed a minimum of 10 feet from public street curb and a minimum of three feet from sidewalks.
Palm trees with a trunk height of 10 feet or more shall be placed a minimum of three feet from public street curb and sidewalks.
A root barrier system shall be installed when trees are located near public curbs, sidewalks, or utility vaults.
Landscape and irrigation plans shall be required for all public street parkways and median islands and shall conform to City standards and be submitted for review and approval to the City Engineer and Planning Division.
Right-of-way lines shall be shown on the final landscape plan.
(Ord. 752, 2/15/2024)
§ 21.60.090 Conditions.
The Review Authority (as defined by Section 21.60.020(b)(1)) may include such conditions as are consistent with the intent and purposes of this Chapter, as the Review Authority deems reasonable and necessary.
(Ord. 727 § 2, 2020)
§ 21.60.100 Time limitations on Architecture and Landscape Review approval.
Extension.
If construction in accordance with the permit for any development for which the design review application approval has been granted has not been commenced within one (1) year from the date of notification of approval of the application, the design review approval automatically lapses and becomes void.
The Community Development Director may extend the design review approval time limit by up to ninety (90) days, following the review and consideration of an application for an extension. The Director may approve, approve with conditions, or deny the application for an extension. To approve an extension, the Director must find that the extension is justified and not detrimental to the public safety and welfare.
If design review approval lapses, all activity authorized by the design review approval shall cease. The owner may file a new design review application under this Chapter.
(Ord. 727 § 2, 2020)
§ 21.60.110 Modifications.
Upon request of the applicant, modifications to an approved plan or design may be considered by the Review Authority (as defined by Section 21.60.020(b)(1)).
An application for approval of a modification shall consist of those items necessary to permit the Review Authority to adequately review the application and render a finding. Submittal requirements may include such items as revised site plans, elevations, photographs showing existing site conditions or any additional information as deemed necessary by the Planning Department or Review Authority. At the discretion of the Director of Community Development, a new application fee may be required to review the proposal.
In reviewing requested modifications, the Review Authority shall determine if the requested modifications are consistent with the purpose and intent of this Chapter and with the general objectives of the Zoning Code and shall give or withhold approval accordingly.
(Ord. 727 § 2, 2020)
§ 21.60.120 Revocation and violation-Action.
If an approved project violates any provisions of this Chapter or other part of the Zoning Code, or if it fails to comply with any condition or requirement of the Review Authority's approval under this Chapter, the design review approval shall be referred to the Review Authority for modification or revocation.
The Community Development Director shall notify the applicant, or applicant's successor-in-interest of the referral of the matter to the Review Authority and of the date and time of the Review Authority meeting when the matter will be discussed, if applicable. If the Review Authority determines that a condition or requirement is not being complied with, the Review Authority may modify, direct other action to ensure compliance, or revoke the approval. The modification or revocation of a design review approval by the Design Review Committee ("DRC") as the Review Authority may be appealed by filing an application in writing to the Planning Commission within fifteen (15) days from date of notification of action. The modification or revocation of a design approval by the Planning Commission as the Review Authority may be appealed by filing an application in writing to the City Council within fifteen (15) days from date of notification of action in accordance with the requirements of Section 21.06.110.
The body hearing an appeal under this section shall consider the matter and affirm, reverse, or modify the Review Authority's decision. If the body hearing the appeal is the Planning Commission, the Commission's decision may in turn be appealed to the City Council in accordance with the requirements of Section 21.06.110.
In addition to other remedies for violation of City ordinances that are available to the City, the City may bring and maintain any action permitted by law to restrain, correct, or abate any violation of this Chapter and in the event that legal action is brought by the City, reasonable attorney's fees and court costs shall be awarded to the City and shall constitute a debt owing by the violator to the City. The City may place a lien on the affected property in the event any debts so incurred are not timely paid.
(Ord. 727 § 2, 2020)