Palm Desert City Zoning Code
CHAPTER 25
42 MULTIFAMILY AND MIXED-USE OBJECTIVE DESIGN STANDARDS
§ 25.42.010 Purpose and Intent.
This chapter is intended to establish and apply objective design standards to new Multifamily residential and mixed-use development projects within the City of Palm Desert where state law limits the City's enforcement of design standards to objective standards or where state law or the Palm Desert Municipal Code requires a ministerial approval process, except for those projects described in Section 25.42.040. The purpose of this chapter is to:
A.
Create high-quality, enforceable objective design standards.
B.
Streamline the review and approval process for qualifying residential and mixed-use projects.
C.
Ensure greater certainty for applicants, decision makers, residents, and the public.
D.
Enhance the existing character and to maintain compatibility with other established uses within the City as new development and property improvements occur.
E.
Continue to ensure the highest level of design quality while allowing for appropriate flexibility to create variation as needed.
F.
Create objective design standards that involve no personal or subjective judgment, verifiable by reference to an external and uniform benchmark or criterion.
G.
Facilitate the implementation of the Palm Desert General Plan.
H.
Update standards on a timely basis to respond to new legislative actions.
(Ord. 1411, 4/25/2024)
§ 25.42.020 Applicability.
A.
The provisions of this chapter shall apply to all new Multifamily residential and mixed-use development projects located within the following zoning districts:
1.
Mixed Residential District (R-2).
2.
Multifamily Residential District (R-3).
3.
Planned Residential District (PR).
4.
Office Professional (OP).
5.
Planned Commercial (PC).
6.
Specialty Commercial Center (PC-1).
7.
District Commercial Center (PC-2).
8.
Regional Commercial Center (PC-3).
9.
Resort Commercial Center (PC-4).
B.
The provisions of this chapter shall apply where state law or the Palm Desert Municipal Code requires a ministerial approval process.
C.
The City of Palm Desert Objective Design Standards are hereby adopted and incorporated by reference herein, and as adopted by City the City Council and amended from time to time.
(Ord. 1411, 4/25/2024)
§ 25.42.030 Relationship to Other Standards and Requirements.
A.
The City of Palm Desert intends this chapter to establish reasonable, uniform and comprehensive standards and procedures for Multifamily residential and mixed housing development within applicable areas, consistent with and to the extent permitted under federal and California State law. The standards and procedures contained in this chapter are intended to, and should be applied to, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, comprehensive housing development with the City's local values, which include, without limitation, the aesthetic character of the City, its neighborhoods and community.
B.
The provisions of this chapter are intended to supersede other chapters and design guidelines, except as noted below:
1.
Standards for Applicable Zoning District. The Objective Design Standards supplement and are in addition to the development standards for the applicable zoning district in which a proposed project is located.
2.
Subdivision Regulations. Title 26 establishes regulations for the subdivision of land throughout the City of Palm Desert. Where conflict exists between the Objective Design Standards and the provisions of Title 26, the Objective Design Standards shall govern.
3.
Relation to Other Regulations. Where a conflict occurs between the requirements of the Objective Design Standards and other City requirements, the more restrictive provisions shall apply.
4.
The Objective Design Standards provide language, diagrams, sketches, and graphics to assist developers and the pub in understanding the standards and how they shall be applied to qualifying residential projects.
(Ord. 1411, 4/25/2024)
§ 25.42.040 Exceptions.
A.
Projects seeking to deviate or to not comply with the objective design standards are required to obtain design review approval by the Architectural Review Commission pursuant to the requirements of Chapter 25.68, prior to obtaining approval by the Planning Commission.
B.
Exempt Housing Projects. The provisions of this chapter are not applicable to:
1.
Single-family detached homes.
2.
Single-family detached homes as part of a major subdivision.
3.
Duplex homes.
6.
Renovations, additions, or expansions of existing residential buildings.
a.
Where an addition or expansion of existing residential Multifamily and mixed use residential is greater than 50%, of the existing floor area, the site plan shall comply with the Objective Design Standards for landscaping.
7.
Mixed-use projects with less than two-thirds of the building square footage dedicated to housing.
8.
Housing developed within specific plans which have adopted objective design standards as a part of the specific plan. If the specific plan silent regarding a standard, the ODS shall govern.
(Ord. 1411, 4/25/2024)
§ 25.42.050 Review and Decision Procedure.
A.
The Director shall be the review authority for any objective design review approval for projects subject to the objective design standards. Land use approval of any entitlement required in conjunction of the objective design review shall be made by the review authority identified in Chapter 25.60, Procedures.
B.
The applicant shall submit all materials required by the Director, including any materials required by checklists created for the review process.
C.
The Director shall evaluate the application based on the project's conformance with the objective development and design standards.
D.
In approving an objective design review subject to objective design standards, the Director may impose conditions of approval as deemed necessary to:
1.
Ensure that the proposal conforms to the general plan and other applicable plans, or policies adopted by the City Council and or additional discretionary approvals.
2.
Ensure that the proposal meets the requirements of the zoning district where the proposal is located, as well as any other applicable provisions of the Development Code; and
(Ord. 1411, 4/25/2024)
§ 25.42.060 Appeals.
The design review for residential projects utilizing objective design standards are evaluated under a ministerial review process for conformance with this chapter. The review authority may restrict or deny a proposed residential design if they determine that the design is not consistent with the objective design standards. The appeal will be heard by the Planning Commission and shall be subject to a review by the Architectural Review Commission consistent with the design review process and the requirements of Chapter 25.68.
(Ord. 1411, 4/25/2024)
§ 25.42.070 Post-Decision Procedures.
The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Chapter 25.60, Procedures, shall apply following the decision on an application for an objective design review. To the extent any state law limits the total number of public hearings that may be held on a project, including appeals, the Planning Commission shall have the discretion, to refer the appeal directly to the Council for a decision.
(Ord. 1411, 4/25/2024)