Professional Office Occupation. Professional office occupation is an occupation whose principal product is information, management or design, including, but not limited to, accounting, architecture, artist/talent management and promotion, brokerage, business/financial management, computer programming and software development, credit/financial counseling, drafting and illustration, engineering, fashion design, interior decoration and design, legal services, marketing and advertising, property management, and writing and editing. The primary means of contact must be by phone, mail, or other electronic form of communication. Professional office activity does not include research requiring the use of hazardous materials and equipment. Professional office activity does not include a medical office.

Instructional Services Occupation. Instructional services occupation is an occupation whose principal purpose is to provide cognitive instruction or training, including, but not limited to, academic tutoring, musical instrument lessons, dance lessons, sports training, or other similar physical performance training. Maximum number of students at any 1 time shall be limited to 6.

Home Craft Occupations. Home craft occupation is an occupation that results in a tangible product, including, but not limited to, dress making, furniture making, toy making, and doll making. Home craft occupations also include artistic products such as sculpting, painting and other similar forms of creative works when such works are produced with the object of gain, benefit, or advantage for the participant or another person. The conduct of a home craft occupation does not entitle the owner to sell articles manufactured as a result of the home craft occupation on site or in a residential zone.

Cottage Food Operations. A cottage food operation, as defined in California Health and Safety Code Section 113758, shall be a permitted home-based business provided it complies with all applicable provisions of this subsection and under the California Health and Safety Code, as it may be amended.

Residential Estate (RE) Exceptions.

Auto repair and auto body repair.

Barber and beauty shops.

Bicycle repair.

Carpentry work.

On-site retail, wholesale, consignment sale, or any activity that involves sales or display of equipment, merchandise, or other commodities on the site.

Laundering service.

Medical and dental offices.

Painting of vehicles, trailers, or boats.

Photo studios.

Private schools with organized classes.

Upholstering.

Storage of equipment, materials, and other accessories to the construction and service trades.

Welding and machining.

The establishment and conduct of a home-based business shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved.

A home-based business shall be conducted only within the enclosed living area of the dwelling unit or within the garage, provided no garage space required for off-street parking is used. The home-based business shall not occupy more than 25 percent of the combined floor area of the house and garage.

The home-based business shall not encroach into any required parking, setback, or open space areas.

There shall be no signs, displays, outdoor storage, parked vehicles, or other exterior evidence of business activity. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or other characteristics.

No use shall create or cause noise, dust, vibration, odor, smoke, light, glare, or electrical interference or other hazards or nuisances.

There shall be no signs other than the address and name of the resident.

The home-based business shall not involve the use of commercial vehicles exceeding the manufacturer's gross vehicle weight rating of 10,000 pounds or more, except for delivery of materials to or from the premises.

The home-based business shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which it is located.

If the home-based business is to be conducted on rental property (single-family dwelling), the property owner's written authorization for the proposed use shall be obtained prior to the submittal for a home-based business permit.

No tool or instrument used in connection with a home-based business shall possess a power rating of greater than 3 horsepower. No equipment shall be operated in a manner as to cause a nuisance or a hazard to persons or property in the vicinity of the home-based business. No equipment or activity shall be maintained on the residential site which would result in a change in the fire-safety class or occupancy classification of a residential structure or which otherwise violates any law.

Deemed to be inconsistent with the City's General Plan and zoning designation for the lot on which the ADU or JADU is located.

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

Considered in the application of any local ordinance, policy, or program to limit residential growth.

Required to correct a nonconforming zoning condition, as defined in subsection (C) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

Building-Permit. An ADU or JADU must comply with each of the general requirements in subsection E below and is allowed with a building-permit in the following scenarios:

Process and Timing.

Zoning.

Height.

Fire Sprinklers.

Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.

Owner Occupancy.

Deed Restriction. Prior to issuance of a building permit for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director of Development Services. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

Certificate of Occupancy. A certificate of occupancy may not be issued for an ADU or JADU until a certificate of occupancy has been issued for the primary dwelling.

Building and Safety.

Maximum Size.

Floor Area Ratio (FAR). No ADU subject to this subsection F may cause the total FAR of the lot to exceed 45%, subject to subsection (F)(1)(c) above.

Setbacks.

Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed 75%, subject to subsection (F)(1)(c).

Minimum Open Space. No ADU subject to this subsection F may cause the total percentage of open space of the lot to fall below 25%, subject to subsection (F)(1)(c) above.

Passageway. No passageway, as defined by subsection C above, is required for an ADU.

Parking.

Architectural Requirements.

Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

Allowed Stories. No ADU subject to this subsection F may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subsection (E)(2)(d) of this section.

Impact Fees.

Utility Fees.

Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

Unpermitted ADUs and JADUs constructed before 2020.

Any proposed ADU or JADU that does not qualify for ministerial approval under the objective standards set forth in subsections A through H of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.

A proposed ADU or JADU that does not qualify for ministerial approval under the objective standards set forth in subsections A through H of this section and that is on real property that is listed in the California Register of Historic Resources or is a landmark, as defined by Chapter 29.20 of the Palm Desert Municipal Code is also subject to the following requirements:

10 percent of the total units of a housing development for lower-income households.

5 percent of the total units of a housing development for very low-income households.

A senior citizen housing development or age-restricted mobile home park.

10 percent of the total dwelling units in a common interest development as defined in California Civil Code Section 1351 for persons and families of moderate income, provided that all units in the development are offered to the public for purchase.

Rounding. All density calculations resulting in fractional units shall be rounded up to the next whole number; except that the percentage of total units proposed to qualify the development for a density bonus shall not be rounded up. For example, for a 200-unit project that proposes 21 lower-income units (or 10.5 percent), the allowed density bonus would be based on 10 percent lower-income units, not 11 percent.

Relation to General Plan, Zoning. The granting of a density bonus, or a concession or incentive, shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change (re-zone), or other discretionary approval.

Density Bonus Excluded in Calculation. The density bonus shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

Waived or Reduced Development Standards. The City shall not apply any development standard that would have the effect of physically precluding the construction of a housing development meeting the requirements of Section 25.34.040.B (eligibility for density bonus and incentives and concessions) at the densities or with the incentives or concessions permitted by this article. A proposed waiver or reduction of development standards shall neither reduce nor increase the number of allowable incentives or concessions under Section 25.34.040.D (number and types of density bonuses and incentives and concessions allowed). An applicant may submit to the City a proposal for the waiver or reduction of development standards, when standards would have the effect of physically precluding the proposed development, and may request a meeting with the City. Nothing in this subsection, however, shall be interpreted to require the City to waive or reduce development standards if:

Multiple Zoning Districts. If the site of a development proposal is located in two or more zoning districts, the number of dwelling units permitted in the development is the sum of the dwelling units permitted in each of the zoning districts based on the site acreage within each zoning district. The permitted number of dwelling units may be distributed within the development without regard to the zone boundaries.

City Authority. Nothing in this article shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development.

Agreement Required.

Density Bonus. A housing development that satisfies the eligibility requirements in Section 25.34.040.B (eligibility for density bonus and incentives and concessions) of this article shall be entitled to the following density bonus:

Number of Incentives or Concessions. In addition to the density bonus described in this section, an applicant may request specific incentives or concessions. The applicant shall receive the following number of incentives or concessions.

Available Incentives and Concessions.

Additional Density Bonus and Incentives and Concessions for Donation of Land to the City.

Additional Density Bonus or Incentives and Concessions for Development of a Child Care Facility.

Minimum 30 Years. If a housing development provides low or very low-income target units to qualify for a density bonus, the target units must remain restricted to lower- or very low-income households for a minimum of 30 years from the date of issuance of the certificate of occupancy by the building official, or longer if required by the project financing.

Common Interest Housing. In the case of a common interest housing development providing moderate-income target units to qualify for a density bonus, the initial occupant of the target unit must be a person or family of moderate income. Upon resale, the seller of the target units shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation, and the City shall recapture any initial subsidy and its proportionate share of appreciation which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote homeownership. The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. The City's proportionate share shall be equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of the initial sale.

Direct Financial Contributions. Where there is a direct financial contribution to a housing development pursuant to Government Code Section 65915, the City shall assure continued availability for low and moderate-income units for 30 years.

Process for Approval. The density bonus and incentive(s) and concession(s) request shall be considered in conjunction with any necessary development entitlements for the project. The designated approving authority for density bonuses, incentives, and concessions shall be the Council. In approving the density bonus and any related incentives or concessions, the City and applicant shall enter into a density bonus agreement.

Approval of Density Bonus Required. The City shall grant the density bonus requested by the applicant provided it is consistent with the requirements of this article and state law.

Approval of Incentives or Concessions Required Unless Findings Made. The City shall grant the incentive(s) and concession(s) requested by the applicant unless the City makes a written finding, based upon substantial evidence, of any of the following:

Provide standards and criteria for regulating the conversion of rental housing to residential condominium units or rental housing to a condominium hotel, community apartment, or stock cooperative types of ownership and for determining when such conversions are appropriate.

Mitigate any hardship to tenants caused by their displacement.

Provide for the public health, safety, and general welfare.

Where Permitted. If approved under the provisions of this chapter and Title 25, Zoning, of this code, condominium conversion projects may be allowed in any district in which residential uses are permitted, including specific plan areas, subject to the approval of a conditional use permit, a tentative map, and all other provisions and requirements of this chapter.

Review Responsibilities. Condominium conversion projects shall be approved by the Commission pursuant to a conditional use permit. A tentative and final tract map shall be required for all subdivisions creating five or more condominiums, five or more parcels as defined in Section 783 of the California Civil Code, a community apartment project containing five or more parcels for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, or for the creation of five or more condominium hotel units.

Parcel Map. A parcel map shall be required for all subdivisions creating four or fewer condominiums, four or fewer parcels as defined in Section 783 of the California Civil Code, a community apartment project containing four or fewer parcels, or for the conversion of a dwelling to a stock cooperative containing four or fewer dwelling units.

Applicable Standards. Condominium conversion projects shall conform to: (1) the applicable standards and requirements of the zoning district in which the project is located at the time of approval; (2) Section 25.34.050 of the Palm Desert Charter and Municipal Code; and (3) all other applicable local, state, and/or federal laws and codes.

Tenant Notification. The applicant for a condominium conversion project shall be responsible for notifying existing tenants of the proposed conversion in accordance with Government Code Sections 66452.8 and 66452.9 of the Subdivision Map Act. The applicant shall provide each tenant with a copy of all City staff reports on the application pursuant to Government Code Section 66452.3. In addition, the applicant shall give notice to tenants residing in units proposed to be converted that a final map for the proposed conversion has been approved in accordance with Section 66427.1(b) of the Subdivision Map Act. If the condominium conversion project is approved, the applicant shall give all tenants written notice of the termination of their tenancies in accordance with Section 66427.1 of the Subdivision Map Act.

All Other Notices. The applicant shall give all other notices required by applicable federal, state, and local law.

Evidence of Tenant Notification. The applicant shall submit evidence in writing to the Director, certified under penalty of perjury, that all applicant-required notification specified in subsections A and B of this section have been satisfied.

That all condominium conversion projects provide off-street parking as required herein for condominium projects of the Palm Desert Charter and Municipal Code, unless a parking study performed to the satisfaction of the City Manager or designee demonstrates that existing off-street parking successfully meets the needs of all dwelling units.

That all condominium conversion projects shall include provisions to demonstrate compliance with the Palm Desert energy standards as provided in Ordinance No. 1124, or as it may be amended.

Surveying. Permanent survey monuments shall be installed at all parcel/lot corners of a map required per this division by a California-licensed land surveyor or registered civil engineer authorized to practice land surveying, in accordance with Government Code Section 66495.

A detailed report describing the relocation and moving assistance information to be given to each tenant. The report shall state in detail what assistance will be provided for special category tenants.

The applicant shall provide a tenant information handout and a questionnaire to each tenant with an envelope, postage prepaid, addressed to the Department. The questionnaire shall include questions regarding tenant income, length of tenancy, age, disability, and household size, and shall request that the tenant return the completed form directly to the Department.

Relocation Assistance. The applicant shall offer to each eligible tenant a plan for relocation to alternative housing.

Antidiscrimination. The applicant or owner of any condominium unit within a project shall not discriminate in the sale, or in the terms and conditions of sale, of any dwelling unit against any person who is or was a lessee or tenant of any such dwelling unit because such person opposed, in any manner, the conversion of such building into a condominium.

Pest Inspection Report. A report by a California-licensed structural termite and pest control specialist certifying whether or not all attached and detached structures are free of infestation and structural damage caused by pests and dry rot.

Building History Report. A building history report identifying the date of construction of all elements of the project and permit history.

Plot Plans. Scaled plot plans and elevations indicating the type and location of all buildings and structures, parking and landscape areas, signs and any other plans that may be deemed necessary by the City Manager or designee. Screening, landscape, and irrigation plans shall be included in the plans.

As a condition of approval, all condominium conversion projects shall be required to provide, at applicant's cost, each buyer with a housing inspection report prepared by an architect or structural engineer licensed by the State of California and in good standing with the California Architects Board or the Board for Professional Engineers and Land Surveyors, respectively. Said housing inspection report shall detail the structural condition and use life of all elements of the property, including but not limited to foundations, roofs, electricity, plumbing, utilities, walls, ceilings, windows, frames, recreational facilities, sound transmissions of each building, mechanical equipment, parking facilities, and drainage facilities. Such report also shall describe the condition of refuse disposal facilities; swimming pools, saunas, and fountains; stone and brickwork; and fireplaces, exterior lighting, appliances, mechanical equipment for heating and cooling, interior and exterior paint and/or stucco.

The square footage and number of rooms in each unit.

The rental rate history for each type of unit for the previous three years.

The monthly vacancy rate for each month during the preceding three years.

A complete list of the number of tenants and tenant households in the project, including the following information:

When the subdivider can demonstrate that demographic information is not available, this requirement may be modified by the City Manager or designee.

The proposed price of each of the units.

The proposed homeowners' association budget, detailed to include fixed costs, operating costs, reserves, administration, and contingencies.

A statement of intent as to the types of financing programs to be made available, including any incentive programs for existing residents.

Evidence that a certified letter of notification was sent to each tenant for whom a signed copy of such notice is not submitted. In the event that recorded covenants and/or affordable housing agreements already exist for persons and families of moderate income, low income and/or very low income in a multifamily complex or development which an applicant seeks to convert pursuant to this chapter, the applicant is required, and must demonstrate in its AHIP, that the moderate-income, low-income and very low-income unit(s) will remain available to persons and families of moderate income, low income and very low income, either by the recordation of new affordability covenants for the newly converted units, which shall be subject to prior review and approval by the City Manager or designee and the City attorney, or by continuing to rent converted units to qualified moderate-income, low-income and very low-income persons and families for the duration of the remaining recorded covenants and/or affordable housing agreements.

List of Tenants. In addition to the standard application requirements for tentative maps, the applicant shall submit a complete mailing list of all tenants occupying the subject property and two corresponding sets of address labels. The City Manager or designee shall mail a public hearing notice for the tentative map hearing to each tenant on the mailing list and to owners of property within 300 feet in accordance with the procedures of the Subdivision Map Act and this code.

Tentative Map Review. Tentative maps shall be approved, approved subject to conditions, or denied by the Commission. Decisions on tentative maps for condominium conversion projects shall be governed by the Subdivision Map Act and this chapter.

Council Findings for Residential Conversions. A final map for a condominium conversion shall not be approved unless the Council makes all of the findings set forth in Section 66427.1 of the Subdivision Map Act regarding tenant notification, right to purchase and other requirements, as well as all other applicable local, state, and federal laws.

That the condominium conversion project is consistent with the applicable findings specified in Section 25.72.050 (Conditional Use Permits).

That the applicant does not seek to convert an apartment complex or development, which received a certificate of occupancy for any unit located therein within the preceding 12 months.

That the average rental vacancy rate in apartment dwelling units within the City during the 24 months preceding the filing of the application is equal to or greater than 5 percent. Upon submission of the application, the City Manager or designee shall obtain, at applicant's sole expense, a written study or report from an objective, unbiased third party which provides such studies and/or reports as part of its ordinary course and scope of business on a statewide or nationwide basis, which, in the reasonable opinion of the City Manager or designee, reflects that the average rental vacancy rate in apartment units then available in the City is 5 percent or higher. If the average rental vacancy rate in the City during the 24 months preceding the filing of the application is less than 5 percent or if as a result of the approval of said condominium conversion the vacancy rate would be less than 5 percent, the condominium conversion project shall be denied unless the Commission/Council determines that at least one of the following overriding considerations exist:

Conversions of projects containing four units or less shall not be subject to the above vacancy rate provisions.

Notwithstanding the time periods prescribed herein, a conditional use permit for a condominium conversion shall lapse and shall become void two years following the date on which the conversion conditional use permit became effective, unless prior to the expiration of two years, unless one of the following applies: (a) separate property interests have been created and recorded for each unit; (b) a building permit has been issued and reconstruction or other work necessary as a result of the conversion is commenced and diligently pursued toward completion on the site which was the subject of the conversion permit application; or (c) a certificate of occupancy has been issued for the structure(s) which was the subject of the conversion use permit application.

A conversion conditional use permit subject to lapse may be renewed for an additional period of one year at the discretion of the Commission, provided that prior to the expiration date, a letter requesting renewal of the conversion conditional use permit is filed with the City Manager or designee.

Copies of documents and information required pursuant to Article 12.2 of the California Code of Regulations, Sections 2809.1, 2809.2, and 2809.3 wherein the requirements for a "properly completed" application for a final subdivision public report are enumerated, excluding those documents so enumerated which are subject to the approval of the City and therefore otherwise available to the City. In the event such documents and information have not been filed with the California Department of Real Estate at the time an applicant applies for a conditional use permit, the applicant shall furnish such documents and information upon the submission of such documents and information to the Department of Real Estate, but in no event later than the issuance of the conditional use permit.

In the event an existing condominium project is proposed to be converted to a whole or partial time-share use, a verified description or statement of the number and percentage of the current condominium owners desiring or consenting to the proposed conversion of some or all of the units to a time-share basis shall be submitted. Also, in such instance there shall be submitted to the Commission prior to or during the hearing process, a verified statement of the number and percentage of owners who have received notification, either personally or by receipted certified US mail.

In the case of a new mixed project (i.e., time-sharing condominium/rental), a description of the means proposed to be employed to disclose the number and location of all time-share accommodations within the time-share use shall be submitted.

Description of time periods, types of accommodations, and which accommodations are in the time-share program (if less than all), and the length of time each of the accommodations are committed to the time-share plan shall be submitted.

The time-share use must be composed of time-share interests.

All maintenance agreements and conditions, covenants, and restrictions must be approved by the City.

The minimum time-share interest exclusive occupancy period shall be for one week (7 days).

Developer of the time-share plan shall post a maintenance bond, letter of credit, or cash deposit to ensure the maintenance of any landscaping along the perimeter of the time-share use abutting any public right-of-way. The amount of the bond, letter of credit, or cash deposit shall be equal to 25 percent of the annual budget of the time-share use owner's association having the duty to maintain the exterior of the time-share property which is for such landscaping expenses. The bond, letter of credit, or cash deposit shall run to the City and shall remain in place for life of the time-share plan.

With respect to a time-share use, all interests created therein shall be subject to a public facilities impact mitigation fee of $150 per week share. With respect to each week share in a time-share use, a public facilities impact fee payable under this section shall be paid on the first day of the first calendar month following the sale and conveyance of such week share by the developer of a time-share plan to an individual consumer (excluding bulk sales from one developer to another, in which case the successor developer shall have the obligation to pay the public facilities impact fee described herein upon the sale and conveyance of a week share to a consumer). On the first day of each calendar month, or less frequently if required by the Council, a developer of a time-share plan shall also submit a written report to the City which specifies the number of week shares in the time-share plan which have been sold and conveyed in the preceding calendar month.

Any responsible person, including, but not limited to, an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised or disseminated in any way and through any medium, the availability for sale or use of an accommodation in violation of this section is guilty of a misdemeanor for each day in which such accommodation is used, allowed to be used, or advertised for sale or use in violation of this chapter. Such violation shall be punishable pursuant to Chapter 1.12 (General Penalty).

Any responsible person, including, but not limited to, an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published advertised or disseminated in any way and through any medium, the availability for sale or use of an accommodation in violation of this section is subject to administrative fines as set forth in Chapter 8.81 (Administrative Citations). Any person issued an administrative citation pursuant to this section shall for each separate violation be subject to: (a) an administrative fine in an amount not to exceed $1,000 for the first citation; (b) an administrative fine in an amount not to exceed $3,000 for a second citation issued for the same offense within a 12-month period of the date of the first offense; and (c) a fine in an amount not to exceed $5,000.

Time-share use, and/or advertisement for time-share use, of an accommodation in violation of this section is a threat to public health, safety or welfare and is thus declared to be unlawful and a public nuisance and may be abated pursuant to Chapter 8.20 (Public Nuisances), Chapter 9.24 (Noise Control), and Chapter 9.25 (Multiple Responses to Loud or Unruly Parties, Gatherings or Other Similar Events).

Each day the violation of this chapter occurs shall constitute a separate offense.

The remedies under this section are cumulative and in addition to any and all other remedies available at law and equity.

Carnivals, Circuses, Special Private or Public Events. Any such activity may be permitted for up to seven consecutive days at any one time for a period of ten days in any calendar year. Certification of the safety of rides and all pertinent equipment for the carnivals, circuses, or similar events shall be made by a professional engineer registered in the State of California, with such certification being given to the building department prior to the commencement of use of the equipment.

Seasonal Sales. Seasonal sales (e.g., Christmas tree sales, pumpkin sales) may be permitted in any nonresidential zoning district with approval of a temporary use permit for a maximum period of 60 days per seasonal sales location per calendar year. The seasonal merchandise shall not utilize required parking spaces dedicated to other uses.

Buildings and Storage Facilities for Construction Projects. Temporary structures or facilities for the housing of tools and equipment or containing supervisory offices in connection with major construction on major construction projects may be established and maintained during the progress of such construction on such projects, provided that such temporary facilities may not be maintained for a period to exceed one year, unless a new permit has been obtained from the zoning administrator.

Real Estate Sales Office. One temporary real estate office may be located on any new subdivision in any zone, provided that such office shall be removed at the end of one year, unless a new permit has been obtained from the ZA. Said real estate office to be erected only for use in sale of the subdivision in which it is located.

Promotional Event—Cultural. Promotional events of any educational, civic, or cultural nature may be permitted without time restrictions except as fixed in the conditions of approval.

Promotional Event—Commercial. Outdoor sales and display of goods, including promotional sales, may be conducted as part of an otherwise lawfully permitted or allowed permanent commercial use, provided that all activities are conducted within the buildable portion of the lot. For new businesses with a valid business license, such outdoor sales and displays of goods, shall be limited to a maximum 30-day period within the first 180 days after that business is established. Existing businesses shall be limited to a maximum of three periods totaling a maximum of 30 days within a given calendar year. Sales and displays may not occupy more than 10 percent of the parking area for that business and shall not substantially alter the existing circulation pattern of the site. Temporary sales and displays shall not obstruct any existing disabled accessible parking space.

Heliport and Helistop. Heliports, helicopter fields, and helistops are only permitted as temporary uses with the issuance of a temporary use permit and only in commercial, industrial, and public/institutional zones within the City.

Purpose. The purpose of the special use regulations for take-out restaurants is to establish special site development standards for circulation, landscaping, and special setbacks when located adjacent to residential property.

Site Size/Configuration. The site shall be of sufficient size and configuration to satisfy all requirements for off-street parking, setbacks, curb cuts, walls, landscaping and refuse storage as provided in this title.

Setbacks. If located directly adjacent to residential properties, the Commission may increase minimum setback and landscape buffering requirements to ensure compatibility with residential uses and property.

Curb Cuts. The size and location of curb cuts for driveways shall be determined by City public improvement standards.

Landscaping. Not less than 20 percent of the total site area shall be devoted to landscaped planting areas.

Incidental Seating. A take-out restaurant under 2,000 square feet gross floor area which sells prepared food shall be entitled to 2 serving tables or a maximum of 8 seating without reclassification as a restaurant for zoning purposes. These tables may be located indoors or on an outdoor patio. When three or more tables are provided, the use shall be deemed a restaurant and a conditional use permit must be obtained.

In any zone other than the SI (Service Industrial district) generally located in the area of Cook Street and Hovley Lane.

Within 500 feet of any residential zone or district.

Within 200 feet of any other zone or district except P (Public/Institutional district) which district shall have no separation requirement.

Within 500 feet of any parcel of real property on which is located any of the following uses or facilities:

On any parcel that fronts on an arterial street.

Within 500 feet of any other adult entertainment establishment.

For an adult entertainment establishment legally existing in the City for a period of no less than six months preceding the effective date of the action: 120 days.

For an adult entertainment establishment legally existing within the City for a period of no less than three months preceding the effective date of the action: 90 days.

For an adult entertainment establishment legally existing within the City for any period up to three months preceding the effective date of the action: 60 days.

The City may authorize a total of six conditional use permits for retail cannabis businesses to operate in the City of Palm Desert. No more than one retail cannabis business may locate on El Paseo, which must be located east of Larkspur Lane. If applications are submitted for a greater number of conditional use permits than are permitted by this section, selection among the applicants shall be made by a process, and subject to criteria, established by City Council resolution. Conditional use permits for all other commercial cannabis businesses shall be issued in accordance with the zoning and separation requirements established in this section. Prior to initiating operations and as a continuing requisite to operating a commercial cannabis business in the City, an applicant must obtain and maintain a valid conditional use permit, regulatory permit as required under Chapter 5.101, and a state license for each commercial cannabis business use authorized under the conditional use permit. Unless otherwise stated in this section, the provisions found in Section 25.72.050 (Conditional Use Permit), shall apply.

Building permits for improvements associated with a commercial cannabis business may be issued once an applicant has obtained a conditional use permit and regulatory permit; however, a certificate of occupancy to operate will not be issued until said commercial cannabis business has obtained and provided proof of a state license for each commercial cannabis business use authorized under the conditional use permit.

Changes in state license type, business owner, or operation will require an amendment to the approved conditional use permit.

A cannabis delivery service business with a physical address outside the City is not required to obtain a conditional use permit under this chapter, but is required to obtain a City business license.

This section does not apply to cannabis possession or use, as allowed by state law. Regulations regarding personal use can be found in Chapter 8.38.

Commercial cannabis businesses may operate in the City's commercial, industrial, office, and downtown zoning districts as identified in Section 25.16.030 (Allowed Land Uses and Permit Requirements) and Section 25.18.040 (Land Use and Permit Requirements) of the Palm Desert Municipal Code, with the exception of the City's Downtown Core Overlay District, upon issuance of a conditional use permit, regulatory permit, and state license.

Commercial cannabis businesses shall conform to the following separation requirements:

Conditional use permit submittal requirements. In addition to the requirements listed in the conditional use permit, all commercial cannabis business applicants shall submit the following information:

Has knowingly made false statements in the applicant's application or in any reports or other supporting documents furnished by the applicant;

Has failed to maintain a valid state license;

Has failed to comply with any applicable provision of the Palm Desert Municipal Code, including, but not limited to, this chapter, the City's building, zoning, and health and public safety regulations;

Has failed to comply with any condition imposed on the conditional use permit; or

Has allowed the existence of or created a public nuisance in violation of the Palm Desert Municipal Code.

No conditional use permit will be issued where commercial cannabis businesses are prohibited by covenants, conditions, and restrictions (CC&Rs) that clearly prohibit such use. For buildings located in any area governed by CC&Rs, the applicant must additionally submit a statement certifying that any applicable CC&Rs do not prohibit the use for which the applicant is seeking approval.

Outdoor Cultivation.

Indoor Cultivation.

In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, administrative penalties, permit suspension, and permit revocation, if applicable.

Violations of this chapter constitute an infraction or misdemeanor and may be enforced by any applicable law.

Violations of this chapter are hereby declared to be public nuisances.

Each person is guilty of a separate offense each day a violation is allowed to continue and every violation of this chapter shall constitute a separate offense and shall be subject to all remedies.

All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the City from the pursuit of any other remedy for the purpose of enforcing the provisions hereof.

To provide for the location of commercial communication towers and commercial communication antennas in the City.

To protect land uses from potential adverse impacts of commercial communication towers and antennas.

To minimize adverse visual impacts of commercial communication towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques.

To accommodate the growing need for commercial communication towers and antennas.

To promote and encourage shared use/collocation of existing and new commercial communication towers as a primary option rather than construction of additional single-use towers.

To protect the public health, safety, and welfare.

To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

All new commercial communication towers and commercial communication antennas in Palm Desert shall be subject to these regulations and all other applicable regulations. For purposes of measurement, communication tower setbacks and separation distances, as delineated herein, shall be calculated and applied irrespective of municipal and county jurisdictional boundaries.

All commercial communication towers and commercial communication antenna facilities existing on October 10, 1996 (the effective date of the ordinance codified in this chapter) shall be considered permitted uses, and allowed to continue their usage as they presently exist, provided, however, that anything other than routine maintenance, including without limitation structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing commercial communication tower, shall comply with the requirements herein. Routine maintenance shall be permitted on such existing towers.

Commercial communication towers and commercial communication antennas shall not be permitted in any residential zoning district in the City.

Commercial communication towers and commercial communication antennas may be approved in any of the following zone districts:

Commercial communication towers and commercial communication antennas may locate on existing towers or buildings.

In order to ensure compliance with the requirements of 47 U.S.C. Section 332(c)(7)(B), an applicant that believes that the City's prohibition of wireless telecommunications facilities in particular zoning districts or any of the standards in this chapter either (a) unreasonably discriminates among providers or functionally equivalent services, or (b) prohibits or has the effect of prohibiting the requirement of personal wireless services may apply for a conditional use permit. In order for such permit to be granted, the decision-maker must find, in addition to all other required findings for the granting of a conditional use permit, that substantial evidence in the written record establishes that either of the above stated criteria is met.

Collocation. Administrative review and approval may be available, so long as a collocation facility satisfies all requirements set forth in Section 65850.6 of the California Government Code.

That existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider.

That the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a freestanding tower/antenna at the height proposed.

That the applicant shows compelling technological or economic reason(s) for requiring a new freestanding facility.

Setbacks. Commercial communication tower/antenna setbacks shall be measured from the base of the tower/antenna to the property line of the parcel on which it is located. Accessory structures shall comply with the minimum setback requirements of the district in which they are located.

Separation from Off-Site Uses. Commercial communication tower separation shall be measured from the base of the tower to the closest point of off-site uses and/or designated areas as specified herein. Commercial communication towers shall be set back from residentially zoned lands or residential uses a minimum of 300 feet.

Separation Distances between Commercial Communication Towers. Separation distances between commercial communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and/or have received land use or building permit approval from the City of Palm Desert after October 10, 1996 (the effective date of this chapter). The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as follows:

Fencing. A fence or wall not less than 8 feet in height from finished grade shall be provided around each commercial communication tower except those installed on rooftops. Access to the tower shall be through a locked gate.

Landscaping. The visual impacts of a commercial communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures. Landscaping and buffering of commercial communication towers shall be required around the perimeter of the tower and accessory structures to the satisfaction of the ARC. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of, or in supplement toward, meeting landscaping requirements.

Height. No freestanding commercial communication tower/antenna shall exceed 85 feet in height from ground level. Where installed on top of a building, no commercial communication tower/antenna shall extend greater than 50 percent over the building height.

Type of Construction. Commercial communication towers shall be monopole construction, provided, however, that guyed construction may be approved by the Commission upon consideration of the following factors:

Development Criteria. Commercial communication towers/antennas shall comply with the minimum development criteria of the district in which they are located, pertaining to minimum lot size and open space.

Illumination. Commercial communication towers/antennas shall not be artificially lighted except to ensure human safety or as required by the Federal Aviation Administration.

Proposed commercial communication antennas may, and are encouraged to, collocate onto existing commercial communication towers, provided that such collocation is accomplished in a manner consistent with this section. Such collocation is permitted without amendment of the existing conditional use permit if no additional modification to the tower is proposed.

Any request to collocate a new antenna within the required separation radius of an existing tower shall be required to collocate on the existing tower. Any modification of that existing tower is subject to the conditional use permit process.

If determined by the City that the proposed commercial tower is situated in a location which will benefit the City's telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunicating equipment beneficial to the public system at a cost to the City no greater than the actual expense of the provider in so engineering and constructing the tower to meet the City's needs.

Where collocation may effectively be accomplished without violation of the provisions of this chapter and without reasonable interference with the applicant's existing use, the applicant shall allow third-party collocation on any tower erected under this chapter. Applicant may charge a reasonable rental fee for such collocated use to the extent allowed by law.

Zoning districts on which commercial communication towers and commercial communication antennas may be located.

Height of building mounted commercial communication antennas.

Separation distances between residential zoned lands or residential uses and commercial communication towers.

Separation distances between commercial communication towers.

That there is a unique land use characteristic or nearby geographic feature which results in a compelling technological need to locate the commercial communication towers and/or commercial communication antennas in the location and/or at the height proposed.

That the unique land use characteristics or geographic features mitigate any negative aesthetic concerns.

Height. No stealth commercial communication tower or antenna shall exceed 65 feet in height as measured from ground level to top of the antenna. Frond or artificial vegetation height shall not exceed more than 10 feet from the top of the antenna.

Separation from Off-Site Uses and Other Commercial Communication Towers.

Any applicant that contends that the application of the standards of Title 25, including the environmental review and mitigation process required by the California Environmental Quality Act as implemented by Section 25.60.040 (Environmental Analysis), will result in a taking of property without just compensation in violation of the federal or state constitutions may apply for an exception to these standards pursuant to this section.

The applicant shall provide information that sets forth the basis upon which the applicant believes that the exception is necessary to provide the property with economically viable use. This information shall include each of the following:

In acting upon an application, the Commission shall consider, among other matters, each of the following:

The Commission shall make its decision based on the evidence presented to it. The decision shall be in writing with specific findings on the economic impact of the application of the restriction for which the exception is requested.

The Commission, upon granting an exception pursuant to this section, may limit the scope of the exception or impose conditions to achieve to the extent reasonably feasible the objectives of the standard or standards to which an exception is being granted, but without constituting a taking of property without just compensation.

The purpose and intent of beekeeping is to provide for the safe and orderly keeping of bees in the City of Palm Desert to promote urban beekeeping that is supported by the Pollinator Health Task Force that was created by 2014 Presidential order to address the decline of honey bees and other pollinators.

The purpose and intent of these regulations create certain minimum standards that allow beekeeping in residential zones in an attempt to mitigate the decline of honey bees in a manner that will protect the public health, safety, and welfare of the residents of the City of Palm Desert.

Beekeeping use shall be limited to Apis mellifera (European/western common honeybees) and must be an ancillary use to a single-family dwelling.

Every person that is the owner or is in possession of an apiary shall comply with the California State requirements for registration of each apiary owned or operated in the City of Palm Desert.

Beekeeping shall be operated and maintained in accordance with recognized best management practices that provide safe and healthy living conditions for the bees while actively conducting of the colony(ies) and avoiding nuisance impacts on surrounding properties and persons (i.e. managing and controlling colony(ies) to reduce occurrence of swarms) and protecting the public health, safety and welfare. Beekeeping training and membership is encouraged to promote recognized best management practices.

A beekeeper shall maintain adequate records and best management practices and proof of re-queening every 2 years. These records may be required by the Director in response to a nuisance complaint as defined by this section.

The maximum number of permanent beehive colonies that may be kept per single-family dwelling unit shall be limited to 2 colonies on lots that are 20,000 square feet and less in area, and 4 colonies on lots greater than 20,000 square feet. Additional bee hive colonies are allowed on a temporary basis to address swarming or any other issues related to proper beekeeping management.

All bee hive colonies shall be kept in inspectable hives consisting of moveable frames and combs.

Beehive colony(ies) must be kept in good and usable condition at all times.

Beehive colony(ies) shall be promptly and properly removed if the beekeeper discontinues the beekeeping use on the property.

Beehive colony(ies) shall be located within a private residential yard area that is generally behind the residential unit.

A barrier of at least 6 feet in height consisting of a solid fence, wall and/or dense vegetation shall be installed and maintained between the beehive colony(ies) and all abutting properties. Fencing and walls shall comply with the Fences and Walls regulations of Section 25.40.080. Hillside homes may be exempt from fencing requirements.

Beehive colony(ies) shall be located at least 5 feet from all property lines.

In order to ensure the appropriate height of the honey bee flight path, beehive colony(ies) entrances shall face away from or parallel to the nearest property line(s).

Beehive colony(ies) shall be continually managed to provide adequate living space for their resident bees to prevent swarming.

Beehive colony(ies) shall be re-queened at least once every 2 years to prevent swarming.

A water source for bees shall be provided at all times on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property.

Beehive colony(ies) maintenance materials or equipment must be stored in a sealed container or placed within a building or other bee-proof enclosure.

Colonies of bees exhibit defensive or objectionable behavior, or interfere with the normal use of neighboring properties.

Colonies of bees swarm.

Bees or hives do not conform to this code.

Hives become abandoned by the bee colony or the beekeeper.

Any person violating this section shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250.00, or a misdemeanor, which shall be punishable by a fine not exceeding $1,000.00, or by imprisonment in the County Jail for a period not exceeding 6 months or by both such fine and imprisonment.

Any person who violates any provision of this section shall be subject to administrative fines and administrative penalties which shall be punishable by a fine not exceeding $250.00 for the first offense, a fine not exceeding $500.00 for the second offense, a fine not exceeding $1,000.00 for the third offense, a fine of $250.00 per day, per violation for failure to comply with third citation pursuant to Chapter 8.81of this code.

The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties, or procedures established by law.

Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).

An application for a two-unit project must be submitted on the City's approved form.

The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.

An application for a two-unit project is approved or denied ministerially, by the Director of Development Services, without discretionary review.

The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.

The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

Map Act Compliance. The lot must have been legally subdivided.

Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

Lot Location.

Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

Unit Standards.

Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

Separate Conveyance.

Regulation of Uses.

Notice of Construction.

Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following:

Notwithstanding anything else in this section, the City may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

"Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include: (a) inconsistency with the zoning ordinance or general plan land use designation; or (b) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

The City may:

The facility shall only sell golf carts and/or neighborhood electrical vehicles (NEVs), as respectively defined by the California Vehicle Code, and accessories customarily associated with the vehicles.

Potentially noisy activities shall not be located near or oriented towards residentially zoned areas.

All storage and loading areas shall be screened from view from the public street and any adjacent residential area. No storage, except vehicle showroom display areas, shall occur that are visible from a public street.

Vehicle display showrooms shall be oriented toward major public streets.

All exterior signage shall comply with Chapter 25.56.

Parking shall be provided as required by retail uses in accordance with Chapter 25.46.

Outdoor areas for the display or storage of vehicles for sale or rent shall only be permitted if approved by the Planning Commission by conditional use permit. The Planning Commission shall find that the outdoor area for display or storage of vehicles is in a suitable location that enhances the business and project site and does not impact surrounding residents, businesses, or general public.

The use shall operate entirely within the building space.

Uses shall provide an indoor showroom space for the display of vehicles for sale or lease which shall be oriented as a storefront towards the primary street frontage of the site where the use is established.

Street-facing facades shall have transparent glazing that provides views into the display and sales areas. Transparent windows or doors shall be provided for at least 75 percent of the building wall area located between 2.5 feet and 8 feet above the level of the sidewalk. No wall may run in a continuous horizontal plane for more than 25 feet without an opening.

Window display areas shall be well-lit and kept clean and free of clutter.

Security gates shall not be placed in street-facing display windows or doors or be visible from public view.

Signage within windows shall not obstruct views of the vehicle display area.

On-site service of vehicles may only occur as an accessory use if it is wholly contained within the building.

Applications for indoor golf cart and/or neighborhood electric vehicle (NEV) retail sales shall include the following:

Outdoor storage and display areas shall only be allowed within the Service Industrial (SI) zoning district.

Areas designated for employee or customer parking shall not be used for vehicle storage or display.

Vehicles for sale or rent shall not be stored or displayed within the public right-of-way at any time.

Outdoor vehicle display areas shall occur only on permanent at-grade display areas or low-rise platforms (4 feet maximum) that are architecturally compatible with the existing or proposed building.

All storage and display areas shall be screened from public view from adjoining properties and from public rights-of-way by walls and landscaping.

All outdoor lighting shall be consistent with Chapter 24.16, Outdoor Lighting Requirements.

Applications for outdoor golf cart or neighborhood electric vehicle (NEV) retail sales shall include the following:

Storage facilities may only be permitted with the approval of a conditional use permit in the Service Industrial (SI) zoning district, or parcels with a Freeway Commercial Overlay (FCOZ) designation.

A new facility shall not be located within 1,000 feet of an existing storage, personal storage facility, or major transit stop as defined in California Resources Code Section 21064.3.

Personal storage facilities shall not be permitted to develop within all, or any part, of any existing industrial warehouse or structure.

Except as provided in this section, all property stored on the site of a personal storage facility shall be entirely within enclosed buildings.

Storage bay doors shall not face any abutting property located in a residential district, nor shall they be visible from any public road or sidewalk.

Parking and storage areas shall be screened from any adjacent public streets and residential uses by a combination of building architecture, landscaping, and site walls.

The exterior facades of all structures shall receive uniform architectural treatment, including masonry, stucco, and painting of surfaces. The colors selected shall be compatible with the character of the neighborhood and adjacent buildings.

The architecture of the facility, including, but not limited to, fences, walls, gates, buildings and landscaping, shall, to the maximum extent possible, be compatible with the community and shall be subject to review by the Architectural Review Commission.

Parking shall be provided as required in Section 25.46.050, Parking Requirements. Said parking spaces shall also be arranged on the subject property so as not to obstruct any driveways nor adversely affect vehicular ingress and egress to the facility. For larger facilities with a gross floor area greater than 10,000 square feet, a parking impact analysis shall be provided in the precise plan application.

Any office space within the personal storage facility shall require 4 spaces per every 1,000 ft of office space, consistent with Section 25.46.040 of this code.

Required parking areas shall not be located within any required landscape setback area.

Spaces in any approved outdoor storage area shall not be included as required parking.

Loading areas shall be no less than 12 feet wide.

Ground level, roll-up door storage areas shall have an exclusive use loading area in front of the unit. Such exclusive use loading areas shall not be counted as required parking. This loading area shall not encroach into the minimum required drive-aisle.

In addition to the exclusive use loading areas, common loading areas shall be provided in an amount sufficient to serve the users of the interior storage units and shall be designed to ensure that drive aisles will not be obstructed.

Internal drive aisles shall provide sufficient width and radius for maneuvering vehicles to accommodate vehicular circulation and separate loading areas.

Sufficient turning movements shall be demonstrated with the precise plan review.

A minimum of 20 percent of the total site area shall be landscaped with plant materials designed to provide beautification and screening.

A landscaped setback area no less than 20'-0" in depth shall be provided along any public street frontage.

A landscaped setback area no less than 10'-0" in depth shall be provided along any interior property line.

All areas between site walls and property lines shall be fully landscaped with live landscaping and continuously maintained.

In addition to any landscaping required under Chapter 25.52, a minimum of one 24-inch box canopy tree shall be planted per 30 feet of street frontage and shall be continuously maintained.

All screen walls shall be constructed of masonry, concrete or other similar materials. No chain link fencing shall be permitted.

The design and materials used in the construction of fences and walls shall be compatible with the architecture of the buildings of the self-service storage facility and with buildings in the area surrounding the facility.

Outdoor lighting shall be at the minimum amount required to discourage vandalism and theft.

Outdoor lighting shall comply with requirements of Chapter 24.16, Outdoor Lighting Requirements.

The storage shall occur only within a designated area approved under a precise plan. The designated area shall be clearly delineated on the site plan and site.

The recreational vehicle and boat storage area shall not exceed 25 percent of the buildable area of the site.

Measurement of recreational vehicles shall comply with Section 8.40.040, Measurement of recreational vehicles.

The storage area shall be entirely screened from view from adjacent residential areas and public streets by a building and/or solid walls with landscaping on the outside of said building and/or solid walls.

Storage shall not occur within the area set aside for minimum building setbacks.

No dry stacking of boats shall be permitted on site.

No vehicle maintenance, washing, or repair shall be permitted.

Auctions, commercial wholesale or retail sales, or miscellaneous garage sales. An exception is made for auctions required by law to comply with lien sale requirements. During said lien sales, customer vehicles shall not be allowed to obstruct travel ways within the personal storage facility.

The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

The establishment of a transfer and storage business.

The use of the building space shall be restricted to medical treatment and incidental care such as bathing, the trimming of common household pets on an outpatient basis only, except that temporary boarding in connection with medical treatment shall be permitted.

The entire use shall be conducted within a totally enclosed and air-conditioned building.

Outdoor run areas shall be prohibited.

The building space shall be adequately soundproofed to assure that no noise will carry beyond the confines of the building or space that the use would occupy. Evidence that the facility is designed to meet California Building Code requirements for interior decibel levels shall be submitted with the application for a discretionary permit.

All applications for veterinary uses shall provide a detailed plan for pet waste and medical waste disposal that will prevent odor issues arising.

Animal clinics within downtown districts shall only be permitted on properties with frontage along Highway 111.