Palm Desert City Zoning Code
CHAPTER 25
28 OVERLAY DISTRICTS
§ 25.28.010 Purpose.
The overlay zoning districts established in this chapter are designed to supplement the use regulations and/or development standards of the applicable underlying base zoning district by recognizing distinctive areas of the City that have special and unique social, architectural, or environmental characteristics which require special considerations not otherwise adequately provided by the underlying base zone applicable to the property.
(Ord. 1259 § 1, 2013; Ord. 1324 § 7, 2017)
§ 25.28.020 Senior Housing Overlay District.
A.
Purpose and applicability. The purpose of the Senior Housing Overlay (SO) district is to provide optional standards and incentives for the development of a wide variety of specialized housing designed for and restricted to residents over the age of 55. Whenever the SO has been added to a base zone, the applicant may choose whether to use the optional SO standards or the standards of the base zone.
B.
Uses permitted by approved precise plan and conditional use permit. Uses permitted by approved precise plan and conditional use permit shall be residential retirement developments consisting of attached or detached units for rent or sale and associated recreational facilities and involving varying degrees of support arrangements, ranging from completely independent living, congregation, assisted, and memory care to community food service and healthcare.
C.
Development standards. Development standards shall be flexible to ensure efficient site planning and neighborhood compatibility and to reflect the unique requirements of persons over the age of 55.
D.
Density and intensity.
1.
Due to smaller unit and household sizes, project density (units per acre) shall be determined by intensity (persons per acre) and age.
2.
Overall project population shall be calculated according to the following factors:
Table 25.28-1: Persons per Unit in Senior Housing | |
|---|---|
Unit Size | Persons per Unit |
Studio | 1.25 |
One bedroom | 1.75 |
Two bedroom | 2.00 |
3.
Allowable population/gross acre (P/A). Density shall be equal to P/A. The maximum density shall vary with project site area. Projects on larger sites will be allowed greater density due to increased opportunity for common open space and site planning efficiencies of scale.
Table 25.28-2: Allowable Population per Gross Acre in Senior Housing | |
|---|---|
Project Site Area | P/A |
Less than 2.49 acres | 30 |
2.5 to 9.99 acres | 40 |
10 acres or more | +50 |
4.
Senior housing projects shall be divided into 2 age restriction classifications: 55 minimum and 62 minimum. Due to greater activity levels of age 55 projects, allowable P/A shall be reduced by 25 percent.
5.
Unit sizes. Minimum allowable unit sizes in square feet (sf) shall vary according to presence or absence of a common project dining facility. Each unit shall contain, as a minimum, a kitchen including 2 burners, an oven, a refrigerator/freezer, a sink, counter space, and storage.
Table 25.28-3: Unit Size in Senior Housing | ||
|---|---|---|
Unit Size | Common Dining | |
With | Without | |
Studio | 360 sf | 450 sf |
One bedroom | 500 sf | 600 sf |
Two bedroom | 700 sf | 800 sf |
6.
Example of density and intensity calculations. The following table illustrates how projects of different characteristics would calculate allowable density and intensity limits:
Table 25.28-4: Examples of Density and Intensity Calculations | |||||
|---|---|---|---|---|---|
Project Size | Permitted Population | Permitted Units (assumes all 2 bedroom) | Unit Size (without common dining) | ||
Age 55–62 (25% reduction) | Age 62 + | Age 55–62 | Age 62 + | ||
5 acres | 150 | 200 (40 P/A) | 75 | 100 | 800 sf |
10 acres | 375 | 500 (50 P/A) | 188 | 250 | 800 sf |
F.
Parking requirement.
1.
Parking ratios based on age group shall be based on the following:
Table 25.28-5: Parking Required for Senior Housing | |
|---|---|
Age Minimum | Parking Ratio |
55 | 1.25 per unit |
62 | 1.00 per unit |
62+ | 0.75 per unit1 |
Note: | |
1. | With Commission approval according to subsection G.2. |
2.
Projects which by their design appeal to age categories significantly older than age 62 may request reduced parking requirements if it can be demonstrated that less demand will be generated. The Commission may reduce the parking requirement to 0.75 spaces per unit if the project applicant demonstrates less demand to the satisfaction of the Commission.
G.
Affordability requirements. A portion of any project with 10 or more dwelling units shall be reserved and made affordable to lower- and moderate-income residents.
1.
For projects between 10 and 99 units, 10 percent of the units shall be affordable to lower-income residents and 10 percent to moderate-income residents.
2.
Projects with 100 or more units shall be required to provide an additional 5 percent affordable to very low-income residents.
3.
The total number of these controlled units shall not exceed the additional units allowed by the SO district or the density allowed by the base zone.
4.
The applicant shall be responsible for proposing the methods to achieve the program goal, which may vary depending upon the nature of the housing and the degree of additional services provided.
5.
The Commission shall have flexibility in reviewing and approving innovative proposals.
H.
Very low, low, moderate income defined. Very low income shall be equivalent to 50 percent of median income; lower income, 80 percent of median; and moderate income, 100 percent of median as shown on the latest US Department of Housing and Urban Development (HUD) estimates for the Riverside/San Bernardino area or on other, more specific HUD estimates for senior citizens.
I.
Projects approved under this section must be used solely for senior citizen housing unless special approval is granted by the Council.
J.
The applicant shall, as a condition of approval, submit a maintenance bond to ensure exterior maintenance for a period of time satisfactory to the City.
(Ord. 1259 § 1, 2013; Ord. 1324 § 7, 2017)
§ 25.28.030 Housing Overlay District.
A.
Intent. The intent of overlay district is to incentivize the development of affordable housing units in the City of Palm Desert.
B.
Purpose and applicability. The purpose of the Housing Overlay District (HOD) is to provide optional standards and incentives for the development of a wide variety of housing developments, which provide a minimum of 20% of all units dedicated as income-restricted. The overlay zone is generally applied to properties identified in the City's Housing Element and Housing Authority owned properties as shown in Table 25.28-6. Wherever the HOD has been added to a base zone, the applicant may choose whether to use the optional HOD standards and/or the standards of the base zone.
C.
Uses permitted by approved precise plan and conditional use permit. Uses permitted or conditionally permitted in the R-2 and PR zoning districts may be approved through an Architectural Review application process. Housing types applicable to the HOD include, but are not limited to, single-family detached/attached, duplex units, and multi-family development, either for rent or for sale.
D.
Development standards. Development standards shall be flexible to ensure efficient site planning and neighborhood compatibility and to reflect the unique requirements of integrating income-restricted units into market-rate housing developments. Flexibility to the base zone development standards may be utilized as part of the design review of an Architectural Review application. Design guidance contained in Chapter 25.20 "Downtown District Design Guidelines," and within the University Neighborhood Specific Plan shall be followed.
E.
Affordable housing requirement. To be eligible for the provisions of this chapter, rental housing development within the HOD shall provide a minimum of 20% of all units within the project at income-restricted rents, or at least 1 unit for smaller residential projects. All fractional units shall be rounded up to the next whole number.
F.
Density and intensity. Project densities are established in the Zoning Ordinance and on the Zoning Map. Any mixed-use and residential project under this chapter is eligible for a density bonus as allowed under State law. Formulas for density bonuses are contained in Palm Desert Municipal Code Section 25.34.040.
1.
Unit sizes. Minimum allowable unit sizes in square feet (sf) shall vary according to presence or absence of common project amenities. Each unit shall contain, as a minimum, a kitchen including 2 burners, an oven, a refrigerator/freezer, a sink, counter space, and storage.
G.
Parking requirement.
1.
Parking ratios based on bedroom count shall be calculated as follows:
Table 25.28-6: Parking Required for Housing Overlay | |
|---|---|
Bedroom Count | Parking Ratio |
Studio / 1 Bedroom | 1.50 per unit |
2 – 3 Bedrooms | 2.00 per unit |
H.
Development impact fees. Any mixed-use or residential project eligible under the overlay district may be subject to a fee waiver of City fees for all income-restricted units including plan check and inspection fees. The remainder of the project may be eligible for a reduction in fees if funding sources are available with the City's Affordable Housing funds.
(Ord. 1259 § 1, 2013; Ord. 1352 § 2, 2020)
§ 25.28.040 El Paseo Overlay District.
A.
Intent and purpose. This section includes properties between Highway 74 and Portola Avenue. El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse but compatible businesses, which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian-oriented uses, this chapter shall regulate the type of uses, which may occupy El Paseo ground floor commercial frontage.
B.
Permitted uses. The following retail/personal service uses shall be liberally construed to be permitted uses within the El Paseo pedestrian commercial overlay:
1.
Art galleries.
2.
Book and card shops.
3.
Clothing and apparel shops.
4.
Furniture stores and home furnishings.
5.
Gift and accessories boutiques (including small antiques).
6.
Jewelry shops.
7.
Liquor, beverage, and food item shops.
8.
Luggage shops.
9.
Personal care/products shops and services (including barbering and cosmetology).
10.
Restaurants.
11.
Sundries shops (general merchandise).
C.
Conditional uses. The Planning Commission may, by a conditional use permit, approve office professional uses located on the ground floor fronting El Paseo between Highway 74 and Portola Avenue if they are determined to be compatible with the intent and purpose of this chapter. The City's overall goal is for El Paseo to remain a high-end luxury, pedestrian-friendly street while allowing a limited amount of store-front office uses that complement the pedestrian corridor. As part of the CUP review process, staff and the Planning Commission will review each office use proposal and make findings based on the following:
1.
Type of Office Uses. The Planning Commission will be reviewing the type of office uses on how they energize/engage interest along the street, and enhance its primary use as a retail/entertainment center.
2.
Locations. The Planning Commission will review/analyze the locations based on the following:
a.
Corner Properties. The overall goal for corner properties is to preserve them for restaurants with patio spaces and retail uses with large storefronts.
b.
Density. The Planning Commission shall review each application to preserve El Paseo as a retail district.
c.
Abut/Neighbor One Another. The overall goal is to not have large consecutive building store-fronts of office spaces.
(Ord. 1259 § 1, 2013; Ord. 1277 § 5, 2014; Ord. 1324 § 7, 2017; Ord. 1350A § 2, 2019)
§ 25.28.045 San Pablo Overlay District.
A.
Intent and purpose. The City's General Plan envisions a "City Center" that provides a comfortable, walkable, mixed-use district along the Highway 111 corridor and surrounding areas. Because of its connection to El Paseo, Highway 111, existing neighborhoods, and educational, recreational, and civic facilities, San Pablo Avenue is identified as an important corridor to anchor the downtown district. To ensure that the unique characteristics of the corridor are preserved and enhanced this overlay district is intended to promote a distinctive retail and community experience.
B.
Applicability. This overlay district applies to all commercial properties along San Pablo Avenue between Highway 111 and Magnesia Falls as shown in Figure 25.28-1.
Figure 25.28-1 San Pablo Overlay Exhibit Area  |
C.
Permitted and conditionally permitted uses. Uses permitted and conditionally permitted as identified in Table 25.18-1 Use Matrix for Downtown Districts are allowed on properties with frontage along San Pablo subject to the provisions of this overlay district.
E.
Exceptions. A conditional use permit shall be required for all formula businesses not otherwise permitted by this chapter. No more than 40% of the lineal ground-floor commercial frontage along the San Pablo Avenue corridor shall be occupied by formula businesses (refer to Section 25.99.020 of this title). A conditional use permit may be approved by the Planning Commission if the following findings can be made:
1.
The formula business provides a distinctively unique experience from its standard practices and other locations.
2.
The formula business, together with its design and improvements, provides a distinctive appearance different from other locations.
3.
The formula business is not in a stand-alone building and shares a building with at least one other non-formula business.
4.
The formula business is compatible with the existing uses along the corridor.
(Ord. 1366 § 2, 2021)
§ 25.28.050 Mixed-Use Overlay District.
A.
Purpose and intent. The purpose of the Mixed-Use Overlay (MU) district is to provide special flexibility within areas zoned for commercial or office development to allow for the addition of residential development. All base zoning district listed in Chapter 25.16 (Commercial, Office and Industrial Districts) are eligible for the MU overlay.
B.
Applicability. The MU district applies to areas of the City indicated on the zoning map by the reference letters "MU" after the reference letter(s) identifying the base zoning district.
C.
Development standards. The following provisions are applicable to properties designated MU:
1.
Residential density shall be permitted up to 24 dwelling units per net site acre (in addition to any commercial square footage).
2.
Residential units may be provided in addition to other development permitted or conditionally permitted on the project site.
3.
Residential units may be provided on upper levels of commercial and/or office buildings or may be located in a separate building adjacent to commercial and/or office structures.
4.
An additional 12 feet of building height above the specified height limit is permitted within the applicable zoning district.
(Ord. 1259 § 1, 2013)
§ 25.28.060 Planned Community Overlay District.
A.
Purpose and applicability. The Planned Community Overlay district allows for the Council to establish larger areas for coordinated land use, and master planning purposes that may include multiple properties. Approval of a specific plan as outlined in Section 25.78.080 is required for approval of a development in the Planned Community Overlay district.
B.
Requirements.
1.
Site Area. A minimum of 100 acres shall be required for a planned community development.
2.
Master Plan Required. Any application for a planned community overlay zone shall be accompanied by a master plan for the entire area covered by the application.
3.
Ownership. All land in a proposed overlay zone shall be held in one ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone.
4.
Utilities. The existing utilities systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the planned community overlay zone if determined necessary by the Director.
C.
Application. An application for an overlay zone shall be submitted by the owner, an authorized agent, or the purchaser of the land with the consent of the owner. The application shall be prepared by a qualified team of professionals and accompanied by the required application form, master plan, submittal materials, and other information as required by the Director.
D.
Procedure.
1.
Upon receipt of a complete application for an overlay zone, the Department shall review the application materials and prepare a recommendation to the Commission.
2.
The Commission shall hold a public hearing on such application. If it finds the criteria set forth in this chapter have been met, it may establish the overlay zone subject to such conditions as it deems necessary. The Commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety, or welfare.
3.
Planned community development applications shall be forwarded along with the community master plan to the Council. The Council shall hold a public hearing and either approve, conditionally approve, or deny the community master plan. The decision of the Council shall be final.
E.
Termination of overlay zone.
1.
The overlay zone and any master plan or other material approved as a part thereof shall become null and void if the physical development of the district is not commenced within 2 years from date of adoption of the resolution establishing the zone.
2.
An extension of time, not to exceed 1 year, may be granted by the Commission when extenuating circumstances can be clearly shown by the applicant. The request for an extension of time shall be submitted to the Commission in writing prior to the expiration date and shall clearly state the reasons why the physical development of the district has not commenced and such overlay zone has not been utilized.
3.
Partial physical development within the overlay and/or master plan is considered sufficient to maintain the overlay zone designation, and action by the Council in the form of a zoning amendment is required to alter the boundaries, master plan, or development standards.
(Ord. 1259 § 1, 2013; Ord. 1303 § 4, 2016; Ord. 1324 § 7, 2017; Ord. 1393 § 13, 2023)
§ 25.28.070 Freeway Commercial Overlay District.
A.
Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses only permitted in the FCOZ, the project must utilize FCOZ standards.
B.
Conditional uses. Uses permitted by approved conditional use permit shall be as follows:
1.
Restaurants, general, including drive-through restaurants.
2.
Automobile service stations without regard to the required separation distance provisions per Section 25.34.090 (Automotive Service Stations).
3.
Convenience stores.
4.
Car washes.
5.
Combinations of two or more of the above uses.
6.
Hotel.
7.
Commercial recreation and amusement establishments.
8.
Personal storage.
9.
Outdoor recreational vehicle and boat storage.
C.
Development standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the Commission prior to any construction activity. The master plan approval is subject to the following:
1.
Development of individual projects within the approved master plan shall be processed through the precise plan process.
2.
Property to be master planned shall be at least five acres in size and shall have frontage on a designated arterial street.
3.
Drive-up lanes and window facilities shall be designed in a manner that they are not visible from an arterial street.
4.
Development standards shall generally be flexible to ensure efficient site planning and to foster the creation of attractive developments.
D.
Required on-site parking. The required number of parking spaces for a combined development shall be cumulative for all proposed uses. The Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e., a restaurant which serves a hotel), or with a showing of good cause, the Commission may increase the number of parking spaces required.
E.
Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile service stations pursuant to Section 25.34.090 (Automotive Service Stations).
F.
Landscaping. All master planned projects approved through the FCOZ process shall provide a minimum of at least thirty percent landscaped open space, of which at least half of the common usable public space can include a picnic area, a dog park, or a kids land, as well as landscaped setback areas. With a showing of good cause, the Commission may decrease the minimum landscaped open space requirement.
(Ord. 1259 § 1, 2013; Ord. 1302 § 4, 2016; Ord. 1303 § 5, 2016; Ord. 1324 § 7, 2017; Ord. 1405 § 3, 2023; Ord. No. 1416, 8/22/2024)
§ 25.28.080 Scenic Preservation Overlay District.
A.
Purpose. It is the purpose of the Scenic Preservation Overlay (SP) district to designate those scenic corridors that have a special aesthetic quality and to provide the opportunity for special standards for development in these areas to protect that quality. This district and the related provisions may be applied according to the procedures established in Section 25.78.030 (Amendments—Zoning Ordinance).
B.
Permitted and conditional uses. Any permitted or conditional use which is allowed within the base district requires the review and approval of the ARC which shall have taken specific notice of the fact that such development is within a scenic corridor as noted within the City's General Plan.
C.
Development standards. At a minimum, the development standards of the underlying base district shall apply. The ARC may apply additional standards to ensure that the aesthetic quality of the scenic corridor is preserved. At a minimum, the ARC will consider the following:
D.
Specific standards. All SP designations added to the R-2 and R-3 residential districts on the zoning map shall be limited to one story, with the maximum height determined by a line of sight study.
(Ord. 1259 § 1, 2013; Ord. 1324 § 7, 2017)
§ 25.28.090 Drainageway, Floodplain, Watercourse Overlay District.
A.
Purpose and intent. The purpose of the Drainageway, Floodplain, Watercourse Overlay (D) district is to designate those areas of the City that are known to be subject to flooding. This designation and regulations herein are intended to achieve the following objectives:
1.
To prevent loss of life and property and to minimize economic loss caused by flood flows.
2.
To establish criteria for land management and use in flood-prone areas that is consistent with that promulgated by the Federal Insurance Administration for the purpose of providing flood insurance eligibility for property owners.
3.
To prohibit occupancy or the encroachment of any structure, improvement, or development that would obstruct the natural flow of waters within a designated drainageway, floodway, or watercourse.
4.
To regulate and control uses below the elevation of the 100-year flood flow.
B.
Applicability. The D overlay district shall be applied to those areas that are known to be subject to flooding as determined by the Council, based on recommendations by the affected flood control district.
C.
Conditional uses. The following uses and structures shall be permitted in this overlay district subject to the issuance of a conditional use permit by the Commission:
1.
New residential, commercial, industrial, and agricultural structures permitted by the underlying district regulations involved, and when they comply with all of the conditions listed below:
i.
Flood-proofing and/or flood protective measures shall be required to be installed in a manner meeting the approval of the chief engineer of the affected flood control district.
ii.
Building and health code requirements applicable to floodplain districts shall be complied with.
iii.
The bottom elevation or first floor of any structure shall be at least 1 foot above the level of the 100-year flood. Exceptions may be recommended by the building official only for nonresidential structures which are adequately flood-proofed, in accordance with the building code, up to the level of the 100-year flood.
iv.
Landfills, improvements, developments, or other encroachment effects on the 100-year flood level such that the water surface elevations of the 100-year flood are increased by more than 1 foot shall be fully offset by requirements for stream improvements meeting with the approval of the chief engineer of the affected flood control district.
2.
Public utility facilities.
3.
Recreation areas, parks, campgrounds, playgrounds, fishing lakes, hunting clubs, riding and hiking trails, golf courses, golf driving ranges, polo fields, athletic fields, parking lots, all of which involve only the open use of land without permanent structures or improvements.
4.
Temporary and readily removable structures accessory to agricultural uses.
D.
Prohibited uses. The following uses are specifically prohibited in the D district:
1.
Excavations that will tend to broaden the floodplain or direct flood flows out of the natural flood-plain.
2.
Landfills, improvements, developments, or other encroachments that would increase water surface elevations of the 100-year flood more than 1 foot or that cannot be fully offset by stream improvements.
3.
Storage of floatable substances or materials which will add to the debris load of a stream or watercourse.
E.
Development standards. The property development standards of the underlying zone shall apply insofar as they pertain to the uses of this district.
F.
Precise plan review. All development shall be subject to precise plan review as prescribed in Section 25.72.030 (Precise Plan).
G.
Special standards.
1.
Development of hillside canyon areas shall not occur until hydrology is submitted which specifies techniques for management of runoff. The exact location of development shall include the determination resulting from a hydraulic study.
2.
Other standards required under conditional use permits shall also apply.
(Ord. 1259 § 1, 2013; Ord. 1324 § 7, 2017)
§ 25.28.100 Natural Factors/Restricted Development Overlay District.
A.
Purpose. The purpose of the Natural Factors/Restricted Development Overlay (N) district is to provide for the continued availability of land for the conservation of natural resources and the preservation and protection of wildlife habitat areas and areas with significant natural vegetation as limited resources. The overlay district shall be applied as determined to have the desired characteristics specified above as determined by the Council through the amendment process.
B.
Permitted uses. All uses permitted in the underlying district shall be permitted in this district subject to careful consideration by the design review process of the preservation of the unique natural element of the property.
C.
Development standards. All the development standards and requirements set forth in the underlying district shall be complied with. Additional standards for development may be required by the precise plan review process to ensure that modification to existing natural vegetation and any disturbance of the terrain and natural land features are compatible with adjacent areas and will result in a minimum disruption to the wildlife habitat and natural vegetation on the site.
D.
Cost of investigations. All costs and expenses incurred as a result of the requirements of this chapter, including the cost and expenses of an independent review of the material submitted under this chapter by qualified persons retained by the City, shall be borne by the applicant.
(Ord. 1259 § 1, 2013; Ord. 1324 § 7, 2017)
§ 25.28.110 Seismic Hazard Overlay District.
A.
Purpose. The purpose of the Seismic Hazard Overlay (SH) district is to protect life and property in the City from the hazards of seismic activity and to set requirements for the level of earthquake consideration that must be incorporated into development proposals prior to design and construction. The overlay district shall be applied to those areas that are known to be within the SH overlay zone.
B.
Permitted uses. All uses permitted in the underlying district are permitted subject to the obtaining of a conditional use permit approved by the Commission.
C.
Site development standards. All the development standards and requirements set forth in the underlying district shall be complied with. Standards and requirements in excess of those in the underlying district may be required in the conditional use permit to mitigate possible seismic-related impacts.
D.
Geological soils investigation. All applications for a conditional use permit in the SH district shall be accompanied by a combined in-depth geologic and soils investigation prepared by a registered geologist, certified by the state as an engineering geologist, and by a licensed civil engineer qualified in soil mechanics. Required geologic and soils investigations shall be based on the following considerations:
1.
Adequate geologic mapping, trenching, and boring to determine that surface faulting and ground breakage has not occurred on the site and is unlikely to occur in the future.
2.
Adequate boring and field and laboratory testing to determine accurately the subsurface profile and the static/dynamic properties of the soil/rock materials.
3.
Thorough regional studies of all possible causative faults and fault systems which could generate motions at the site.
4.
Studies to determine the character of ground motions at the site.
5.
Calculation of design response spectra, based on repetition, and on structural properties (damping, ducting).
6.
Careful dynamic design of cohesive structures with each element working as a part of the entire structural system.
7.
Thorough study of the ways in which the structure might disassemble if it were to fail, and the inclusion of redundant backup features to control disassembly so that outright collapse cannot occur.
8.
Design of anchorage and bracing for all critical infrastructure systems (examples: emergency power, heat, light, oxygen supply), based on factors derived from dynamic analysis, providing generous and conservative safety factors. The manufactured equipment and appurtenances purchased for such a facility should be designed likewise.
E.
Cost of investigation. All costs and expenses incurred as a result of the requirements of this chapter, including the cost and expense of an independent review of the material submitted under this chapter by qualified persons retained by the City, shall be borne by the applicant for the conditional use permit.
(Ord. 1259 § 1, 2013; Ord. 1324 § 7, 2017)
§ 25.28.120 Bermuda Dunes Airport Area.
A.
Purpose. The purpose of the Bermuda Dunes Airport Area (BDA) district is to adhere to the Bermuda Dunes Airport compatibility regulations within the Airport Influence Boundary. The overlay district shall be applied to those areas that are known to be within the BDA overlay zone, identified in the Riverside County Airport Land Use Compatibility Plan Policy Document and Figure 25.28-1.
B.
Permitted uses. All uses permitted in the underlying district are permitted subject to the Riverside County Airport Land Use Compatibility Plan Policy Document.
Figure 25.28-1 Bermuda Dunes Airport Compatibility Plan  |
(Ord. 1259 § 1, 2013; Ord. 1324 § 7, 2017; Ord. 1393 § 14. 2023)
§ 25.28.130 Open Space/Residential Overlay District.
A.
Purpose and applicability. The purpose the Open Space/Residential Overlay District (OSRO) is to establish specific criteria for the conversion of golf course facilities designated as open space to another type of land use. The OSRO designation shall supplement any change of zone application for conversion of an existing golf course to another non-recreational use.
B.
Applicability. The OSRO will automatically be applied to any property designated as open space in the City's Zoning Ordinance that applies for a change of zone application. The overlay will also apply to properties that have been approved by the City Council for a golf course conversion.
C.
Permitted and conditional uses. Permitted and conditionally permitted uses shall be those uses listed under the zoning district for which the change of zone application has been made.
D.
Procedure. Prior to submitting an application with the City's Community Development Department, the applicant shall demonstrate the following:
1.
Community Outreach. The applicant shall host a series of community meetings for the benefit of the property owners abutting the golf course properties, and the community surrounding and impacted by the development proposal. The series of meetings shall include, but is not limited to, exploring options for preservation of the golf course.
2.
Community Options. The golf course ownership shall work with the City and the impacted community to explore options for the preservation of the golf course facilities. Options may include, but are not limited to, fiscal participation by a homeowners association, establishment of a special district to financially support the golf course, or rights of refusal to sell the course to an interested home-owner group.
3.
Application Submittal. Once the applicant has demonstrated compliance with the items above, formal applications may be submitted to the Community Development Department to be reviewed through the City's permitting and entitlement process.
E.
Development standards. All change of zone applications for the conversion of existing golf course facilities shall adhere to the following development standards:
1.
Preservation of Open Space. Preservation of existing open space is paramount to any new development proposal and all proposals shall incorporate and preserve portions of the existing open space into the project design. At a minimum, all golf course conversion projects shall retain or provide 45 percent open space, unless the applicant can demonstrate support for a reduction in the open space from the impacted golf-course community.
2.
Community Amenities/Benefits. New recreational amenities for the benefit of the larger community shall be incorporated into the project design.
3.
Density and Land Use Compatibility. Residential projects shall not exceed a density greater than the density limitations of the surrounding golf course community.
F.
Project review. The ownership of the golf course facility shall apply for a change of zone application with the City's Community Development Department. Said application shall accompany any supplemental applications (precise plan, tentative maps, environmental studies, etc.) and their required information. The applicant shall provide detailed information related to the compliance of their proposal with the Open Space/Residential Overlay.
(Ord. 1340 § 2, 2018)