Palm Desert City Zoning Code
CHAPTER 25
02 INTRODUCTORY PROVISIONS
§ 25.02.010 Title and Purpose.
A.
Title. This title shall be known as the Zoning Ordinance of the City.
B.
Relation to the General Plan. The City Council has instituted a comprehensive planning program in order to ensure that the anticipated growth within the City is organized, planned, and coordinated in a manner that will not place undue burdens on the City in its ability to provide urban services and facilities. This planning program has culminated in the preparation and adoption of a comprehensive General Plan.
C.
Role of Zoning Ordinance. Chapter 12 "Work Plan" of the General Plan recommends implementation strategies to accomplish the goals and objectives found within that document. In order to accomplish said goals and objectives, the orderly development of the City, and the elimination of haphazard land development, is required. Among the methods noted is a regulatory Zoning Ordinance to govern the uses of land and the density and intensity of development.
D.
Purpose of Zoning Ordinance. The zoning regulations of the City are adopted to protect, promote, and enhance the public health, safety, and general welfare, ensuring that development within the City is related to the City's ability to provide essential urban services and is consistent with the Palm Desert General Plan. More specifically, these regulations are adopted to achieve the guiding principles identified in the General Plan and include the following objectives:
1.
Relate proposals for development to the provisions and recommendations of the City's General Plan and ensure development is consistent with the guiding principles of the General Plan. To meet the guiding principles development proposals will be reviewed for their focus on: human-scale design, liveliness of centers, complete streets, accessibility and connectivity, and quality of open spaces.
2.
Foster a harmonious, convenient, workable and connected relationship among land uses.
3.
Ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial to the City as a whole.
4.
Provide population densities that support and encourage pedestrian activities such as walking and bicycling; that are connected to, and in proximity of, civic and education uses, open spaces, and commercial and employment opportunities.
5.
Foster an environment that ensures pedestrian amenities connect the community, are designed to accommodate pedestrians and bicyclists, and that are conveniently located for the highest impact.
6.
Forecast and plan for the City's ability to provide community facilities, utilities, and services.
7.
Ensure adequate consideration for urban design in the development process so that new development enhances the City as it matures.
8.
Provide provisions for adequate bicycle parking, off-street parking, shared parking facilities, and off-street truck loading facilities.
9.
Promote preservation of natural environmental features in the development and use of land within the City.
10.
Develop land use regulations that will encourage infill development and redevelopment of existing sections of the City and provide for innovative development in undeveloped areas.
(Ord. 1259 § 1, 2013; Ord. 1324 § 2, 2017; Ord. 1393 § 4, 2023)
§ 25.02.030 Scope, Interpretation, and Application.
A.
Scope of regulations. This title is adopted to implement the stated vision and objectives of the General Plan of the City. To accomplish these objectives the City shall regulate the use, location, area, and dimension of sites for development: the massing and height of structures, the architectural quality and appearance of buildings, uses, structures, connectivity, signs, open space, landscaping, access and egress, off-street parking, and other such aspects of land use which may be deemed necessary for the public peace, health, safety, and general welfare of the people working and living within the City.
B.
Authority for regulations. The authority for the regulations contained within this title is based on Section 7, Article XI of the California Constitution; the provisions of the California Planning and Zoning Law which provide for the regulation of the intensity of land uses, and the adoption of standards for the regulation of population density; and the police power granted to municipalities by the laws of the State.
C.
Applicability and conformity. The provisions of this title are not intended to revoke any easements, codes, covenants, and restrictions or other existing agreements which are more restrictive than the provisions of this title. Unless otherwise specified, existing development is not required to comply with new regulations. Any use or development made nonconforming by new regulations is subject to the requirements of Chapter 25.62 (Nonconforming Provisions).
D.
Relation to less restrictive regulations. Whenever the provisions of this title impose more restrictive regulations upon buildings or structures and the use of them or the use of lands or premises and require larger open spaces or yards or setbacks than are imposed by other ordinances, the provisions of this title or the rules or regulations included within this title shall govern.
E.
Effective in incorporated City. The provisions of this title are declared to be in effect upon all land within the incorporated jurisdiction of the City as exists or is hereafter changed by annexation.
F.
Relationship to prior ordinances. Any building for which a building permit has been issued and is valid under the provisions of earlier ordinances of the City which are in conflict with this title may be continued and completed in accordance with the plans and specifications upon which the permit was issued.
G.
Continuity. Notwithstanding the provisions of this chapter or any other provisions of this title, no new or additional variance, conditional use permit, or license shall be required for any land use heretofore authorized by the City or the County by a variance, conditional use permit, building permit, license, or tentative or final tract map, provided there has been substantial reliance upon the governmental entitlement mentioned in this chapter and, provided further, that conditions thereof are complied with and that substantial construction has begun on a portion of the project.
H.
Procedure regarding pending action. The repeal or substitution of any ordinance shall not affect any prosecution which may be pending in any court for the violation of any provision of the ordinance at time of the repeal or substitution.
I.
Violation of previous ordinances. The substitution or repeal of any ordinance is not deemed to ratify or legalize any violation of any provision of such ordinance nor to affect the prosecution or punishment of any person, firm, or corporation for any act done or committed in violation of any provision of the ordinance prior to the taking effect of this title.
J.
Conviction of crimes continued. Any ordinance to be repealed or substituted by this title is deemed to continue and be in full force and effect for the purpose of prosecuting and meeting punishment for any violation presently pending in any court.
(Ord. 1259 § 1, 2013; Ord. 1324 § 2, 2017)
§ 25.02.040 Administrative Responsibility.
California Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the planning agency, as designated by the title, shall be carried out by the following bodies. In the absence of an assignment, the City Council shall retain responsibility and authority as the legislative body of the City.
A.
Zoning Administrator. The Zoning Administrator shall be appointed by the Director of Community Development and shall have discretionary review authority over permits and entitlements as specified in the ordinance, such as large family day care use permits, adjustments, and administrative use permits.
B.
Director of Community Development. The Director, or designee, shall have the responsibility and authority to administer and enforce this title as follows:
1.
Application Process. Receive and review all applications for development pursuant to this title. Processing includes but is not limited to the certification of completed applications, the establishment of a permanent file, posting of public notices, collection of applicable fees, preparation of reports, processing of appeals, and presentation of staff reports to the Architectural Review Commission, Planning Commission, and City Council.
2.
Interpretation. Interpret the provisions and advise the public on the requirements of this title.
3.
Amendment. Initiate action for amendment of this title where it is determined that such amendment would better implement the General Plan goals and objectives and increase its effectiveness and/or improve or clarify the contents of this title.
4.
Permit issuance. Issue administrative permits, including certifications of use and occupancy, temporary use permits, home-based business permits and other designated permits under this title and certify that all such permits are in full conformance with its requirements.
5.
Coordination. Refer and coordinate matters related to the administration of this title with other agencies and City departments and provide information on the status of all development permits.
C.
City Manager. The City Manager or designee shall oversee the work of the Director and shall exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the City Council.
D.
Architectural Review Commission. The City has established the Architectural Review Commission to serve as a decision-making and advisory body with the following land use responsibilities:
1.
Hear and decide applications for entitlements as provided in this ordinance, such as architecture and landscape design review, color changes, sign permits, and comprehensive sign programs.
2.
Hear appeals of the decision of the Zoning Administrator for design review and signs.
3.
Hear and make recommendations to the Planning Commission on applications for precise plans, certain specific plans, certain variances, and new homes for tentative tract map applications.
E.
Planning Commission. Pursuant to California Government Code Section 65101, the City of Palm Desert has an established Planning Commission. The Planning Commission shall have the following land use responsibilities:
1.
Hear and decide applications for entitlements as provided in this ordinance such as use determinations, precise plans, conditional use permits, condominium conversion permits, tentative parcel and tract maps, and variances.
2.
Hear appeals of the decisions of the Zoning Administrator.
3.
Initiate studies of amendments to this title and make recommendations to the City Council for amendments as provided in this ordinance and in California Government Code Section 65853.
4.
Hear and make recommendations to the City Council on applications for specific plans, zoning amendments (ordinance and map), the General Plan and amendments thereto, prezonings, hillside development plans, and other related planning studies.
5.
Exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the City Council.
F.
City Council. The City Council is the legislative body of the City and shall have the following land use responsibilities:
1.
Hear and decide all appeals.
2.
Hear and decide applications for permits and entitlements as identified in this ordinance, such as specific plans, zoning amendments (ordinance and map), General Plan updates and amendments, prezonings, hillside development plans, and development agreements.
3.
Direct planning-related policy amendments and special studies as necessary or desired.
4.
Exercise such other powers and duties as are prescribed by state law or local ordinance.
(Ord. 1259 § 1, 2013; Ord. 1324 § 2, 2017)
§ 25.02.050 Rules and Interpretation.
The Director of Community Development shall have the authority and responsibility to interpret terms, provisions, and requirements of this code in accordance with the rules listed below.
A.
Abbreviations. The following phrases, personnel, and document titles are shortened in this code:
B.
Terminology. The following rules apply to all provisions in this code:
1.
Language. The words "shall," "will," "is to," and "are to" and similar words and phrases are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.
2.
Tense and Number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular unless the natural construction of the word indicates otherwise.
3.
Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either…or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including, but not limited to."
4.
Number of Days. Whenever a number of days are specified in this code, or in any entitlement, condition of approval or notice issued or given as provided in this code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day when the last of the specified number of days falls on a day that the City is not open for business.
C.
Minimum requirements. All provisions of this code are considered to be minimum requirements, unless specifically stated otherwise.
D.
Calculations—Rounding. Where any provision of this code requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down).
E.
Zoning regulations. Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted unless the use is determined to be similar to a listed use or use category.
F.
Zone boundaries. Where uncertainty exists as to the boundaries of any districts shown on the official zoning map, the rules established under Section 25.04.030 (Zoning Map) apply.
G.
Consistency of text and diagrams. Diagrams are provided within this code to illustrate the requirements of the zoning code's text. In the event of conflict between the text of this code and provided diagrams, the text shall determine the City's regulations.
H.
Conflicts with other regulations. Wherever conflict occurs between the provisions of this title and any other provision of law, the more restrictive of any such provisions shall apply.
(Ord. 1259 § 1, 2013; Ord. 1324 § 2, 2017; Ord. 1393 § 5, 2023)
§ 25.02.060 Non-Subdivision Deposits and Fees.
In addition to any other fee or fees prescribed by law the City shall impose fees for abandonments and vacations of easements and right-of-way, processing of applications, easements and right-of-way dedication, hydrology report plan check, signage and striping, street improvement, and off-site drainage for non-subdivision civil work including, but not limited to, streets, sidewalks, driveways, paving striping, drainage, traffic signals. The fee amounts shall be established in a fee resolution adopted by the City Council. Such fee shall be paid at the time of issuance of the building permit.
(Ord. 1294 § 4, 2015)
§ 25.02.070 Low Income Housing Fee.
In addition to any other fee or fees prescribed by law the City shall impose a low income housing fee on any commercial construction in the City that adds to or increases the square footage of an existing commercial building. The fee amount shall be established in a fee resolution adopted by the City Council. Such fee shall be paid at the time of issuance of the building permit.
(Ord. 1294 § 6, 2015)