- Land Use/Zoning Districts
Editor's note—Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.08, §§ 19.08.010—19.08.040, and enacted a new Ch. 19.08 as set out herein. The former Ch. 19.08 pertained to similar subject matter and derived from original codification.
Editor's note—Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.10, §§ 19.10.010—19.10.040, and enacted a new Ch. 19.10 as set out herein. The former Ch.19.10 pertained to similar subject matter and derived from original codification.
Editor's note—Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.12, §§ 19.12.010—19.12.040, and enacted a new Ch. 19.12 as set out herein. The former Ch. 19.12 pertained to similar subject matter and derived from original codification.
Editor's note—Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.14, §§ 19.14.010—19.14.040, and enacted a new Ch. 19.14 as set out herein. The former Ch. 19.14 pertained to similar subject matter and derived from original codification.
Editor's note—Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.16, §§ 19.16.010—19.16.040, and enacted a new Ch. 19.16 as set out herein. The former Ch. 19.16 pertained to similar subject matter and derived from Ord. No. 281, adopted Nov. 14, 2017.
Editor's note—Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.18, §§ 19.18.010—19.18.040, and enacted a new Ch. 19.18 as set out herein. The former Ch. 19.18 pertained to similar subject matter and derived from original codification.
Editor's note—Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.20, §§ 19.20.010—19.20.040, and enacted a new Ch. 19.20 as set out herein. The former Ch. 19.20 pertained to similar subject matter and derived from original codification.
Editor's note—Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.22, §§ 19.22.010—19.22.040, and enacted a new Ch. 19.22 as set out herein. The former Ch. 19.22 pertained to similar subject matter and derived from original codification.
The purpose of this Chapter is to describe the character and intent of the Rural Living Land Use District, identify allowed uses and establish development standards for the district.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The intent of this district is to regulate residential development of large residential parcels. The district is primarily intended for quiet and spacious single-family residential use with some areas of compatible institutional uses. Because of the rural setting, more relaxed development standards may apply. The Rural Living Land Use District includes the following categories:
A.
RL-1, which requires a minimum lot size of 1 acre.
B.
RL-2.5, which requires a minimum lot size of 2.5 acres.
C.
RL-5, which requires a minimum lot size of 5 acres.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
Allowed uses and permit requirements for the Rural Living Land Use District are listed in Table 19.08.030-1 (Allowed Land Uses and Permit Requirements). The table lists all permissible uses and use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.08.030-1
Allowed Land Uses and Permit Requirements
- = Prohibited Use
P = Permitted Use
AUP = Administrative Use Permit
CUP = Conditional Use Permit
Notes:
1If not reviewed as part of a subdivision application.
3For those uses which do not require large amounts of water, to be determined in consultation
with the water district.
4All institutional uses shall be located within 1,000 feet of an expressway, arterial
street or collector street, and have an adequate, improved private drive.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
All new land uses and structures or alterations to existing land uses and/or structures in the Rural Living Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.08.040-1 (Development Standards).
Table 19.08.040-1
Development Standards
1Shall only apply to new subdivision applications received after July 1, 2016.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The purpose of this Chapter is to describe the character and intent of the Single-Family Residential Land Use District, identify allowed uses and establish development standards for the district.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The intent of this district is to regulate residential development in the single-family land use district of the City. The district is intended to create, preserve and enhance neighborhoods in a quiet neighborhood setting where permanent, one-household, residential uses are predominant. The detached dwellings and yards of single-family residential district areas allow for maximum privacy, where desired, and opportunities for outdoor living and activities. The Single-Family Residential Land Use District includes the following categories:
A.
RS-4, which allows a maximum of 4 units per acre.
B.
RS-3, which allows a maximum of 3 units per acre.
C.
RS-2, which allows a maximum of 2 units per acre.
D.
RS-1, which allows a maximum of 1 unit per acre.
E.
RS-E, which allows a maximum of 1 unit per 2.5 acres.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
Allowed uses and permit requirements for the Single-Family Residential Land Use District are listed in Table 19.10.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.10.030-1
Allowed Land Uses and Permit Requirements
- = Prohibited Use
P = Permitted Use
AUP = Administrative Use Permit
CUP = Conditional Use Permit
Notes:
1If not reviewed as part of a subdivision application.
2Resorts, group quarters, and resort camps may only be permitted on parcels of 5 acres
or more.
3For those uses which do not require large amounts of water, to be determined in consultation
with the water district.
4All institutional uses shall be located within 1,000 feet of an expressway, arterial
street or collector street, and have an adequate, improved private drive.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
All new land uses and structures or alterations to existing land uses and/or structures in the Single-Family Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.10.040-1 (Development Standards).
Table 19.10.040-1
Development Standards
1 Shall only apply to new subdivision applications received after July 1, 2016.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The purpose of this Chapter is to describe the character and intent of the Multi-Family Residential Land Use District, identify allowed uses and establish development standards for the district.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
This district is intended to create, preserve and enhance neighborhoods where two or more dwelling units on the same lot are predominant. The district provides an additional range of housing types to meet the varying needs of different individuals and families in the City. The densities allowed in the Multi-Family Residential Land Use District may either be part of a predominantly one-family neighborhood or an independent neighborhood, normally close to public and private transportation facilities and commercial districts or other employment and service areas.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
Allowed uses and permit requirements for the Multi-Family Residential Land Use District are listed in Table 19.12.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.12.030-1
Allowed Land Uses and Permit Requirements
- = Prohibited Use
P = Permitted
AUP = Administrative Use Permit
CUP = Conditional Use Permit
SPR = Site Plan Review
Notes:
1If not reviewed as part of a subdivision application.
2All institutional uses shall be located within 1,000 feet of an expressway, arterial
street or collector street, and have an adequate, improved private drive.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
All new land uses and structures or alterations to existing land uses and/or structures in the Multi-Family Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.12.040-1 (Development Standards).
Table 19.12.040-1
Development Standards
1Shall only apply to new subdivision applications or development project applications
received after July 1, 2016.
2Does not apply to SRO units in accordance with Chapter 19.136 (Single-Room Occupancy Facilities).
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The purpose of this Chapter is to describe the character and intent of the High Density Residential Land Use District, identify allowed uses, establish development standards for the District and satisfy the requirements of the adopted Housing Element.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The intent of this district is to provide for higher-intensity housing opportunities, especially apartment complexes and senior housing intended to accommodate affordable housing. The district allows an additional range of housing types to meet the varying needs of different individuals and families in the City. The higher-density residential area is generally close to public and private transportation facilities and commercial districts or other employment and service areas.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
Allowed uses and permit requirements for the High Density Residential Land Use District are listed in Table 19.14.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.14.030-1
Allowed Land Uses and Permit Requirements
- = Prohibited Use
P = Permitted
AUP = Administrative Use Permit
CUP = Conditional Use Permit
VHRP = Vacation Home Rental Permit
Notes:
1Maximum of one unit, must be on an existing lot.
2Multifamily residential development is allowed by right as a use, subject to CEQA
review (when the project is otherwise not exempt). CEQA review is of other aspects
of the project besides the use.
3If not reviewed as part of a subdivision application.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
All new land uses and structures or alterations to existing land uses and/or structures in the High Density Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.14.040-1 (Development Standards).
Table 19.14.040-1
Development Standards
1Shall only apply to new subdivision applications or development project applications received after April 24, 2015.2Does not apply to SRO units in accordance with Chapter 19.136 (Single-Room Occupancy Facilities).
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The purpose of this Chapter is to describe the character and intent of the commercial land use districts, identify allowed uses and establish development standards for the districts. The commercial land use districts are Office Commercial (CO), General Commercial (CG), Neighborhood Commercial (CN) and Tourist Commercial (CT).
The Service Commercial (CS) district is included in Chapter 19.18 with the Community Industrial (IC) district because of the nature of services and uses allowed in the district.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
A.
Office Commercial (CO). The CO district allows for single- and multi-tenant offices, including legal, design, engineering, medical, real estate and government services. Ancillary commercial uses to support these services may be permitted, including cafes, copying services and newsstands. The CO district permits limited residential uses as means of providing opportunities for mixed-use developments.
B.
General Commercial (CG). The CG land use serves as the City's primary commercial designation, allowing a broad range of commercial, retail, professional office and service-oriented businesses, including supermarkets, restaurants, hotels/motels and specialty retail stores.
C.
Neighborhood Commercial (CN). The CN land use allows limited commercial uses, typically goods and services housed in relatively small commercial centers that serve residents of the neighboring community. Typical uses include beauty salons, coffee shops and dry cleaners. Uses within this district are required to be compatible with their surrounding residential district(s).
D.
Tourist Commercial (CT). The CT land use allows tourism-oriented uses, such as resorts, RV parks, golf courses, restaurants, gift shops, art galleries, hotels/motels and entertainment facilities, primarily intended to serve visitors of the Joshua Tree National Park and the Marine Corps Base.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
Allowed uses and permit requirements for the commercial land use districts are provided in Table 19.16.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.16.030-1
Allowed Land Uses and Permit Requirements
- = Prohibited
P = Permitted
AUP = Administrative Use Permit
CUP = Conditional Use Permit
Notes:
3May include outdoor nursery/plant sales up to 25% of building area. For nursery as
a primary use, see Agricultural and Related Uses.
4CUP required when not accessory to a primary retail store use.
5CUP required when not accessory to a primary use.
6Up to two taxi cabs may be parked at any one time at the taxi dispatch office, and
must be in operable order. Only those companies licensed by the Morongo Basin Transit
Authority (MBTA) may operate a Taxi Dispatch Service. The establishment of a Taxi
Stand at a Dispatch Service location is allowed, but may not cause a decrease in the
established parking lot to cause a deficiency. Accessory structures for shading and
shelter may be constructed, but must be requested at the time of the review of the
Administrative Use Permit. No maintenance of Taxis are allowed at Taxi Dispatch Service
locations.
7Taxi Stands may only be placed within an established off-street parking lot and with
the permission of the property owner in an established location. Up to two taxi cabs
may be parked at any one time at the taxi stand, and must be in operable order. Only
those companies licensed by the Morongo Basin Transit Authority (MBTA) may operate
a Taxi Stand. The establishment of such Taxi Stands may not cause a decrease in the
established parking lot to cause a deficiency. Accessory structures for shading and
shelter may be constructed, but must be requested at the time of the review of the
Administrative Use Permit. No maintenance of Taxis are allowed at Taxi Stands.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
All new land uses and structures or alterations to existing land uses and/or structures in the commercial land use districts shall be designed, constructed and established in compliance with the development standards in Table 19.16.040-1 (Development Standards).
Table 19.16.040-1
Development Standards
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The purpose of this Chapter is to describe the character and intent of the Service Commercial (CS) and Community Industrial (IC) land use districts, identify allowed uses and establish development standards for the districts. This Chapter includes the districts that accommodate manufacturing uses and which also allow for heavier commercial uses.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
A.
Service Commercial (CS). The intent of the Service Commercial District is to allow for heavier commercial uses and light manufacturing uses. The CS land use allows for more intensive commercial uses, such as wholesaling operations, auto and truck repair and service, lumberyards, machine shops, light manufacturing and recycling centers. The areas in this district shall be completely separated or shielded from other incompatible land uses. High-quality design standards are encouraged to mitigate aesthetic impacts.
B.
Community Industrial (IC). The intent of the Community Industrial district is to accommodate existing industrial uses and allow for new industrial uses. Commercial uses may also be permitted as a means of enhancing and augmenting industrial development. The IC land use allows industrial and limited commercial uses and serves as the City's only industrial designation. The IC designation allows uses such as mining operations, auto dismantling and contractor's storage yards.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
Allowed uses and permit requirements for the CS and IC land use districts are provided in Table 19.18.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.18.030-1
Allowed Land Uses and Permit Requirements
- = Prohibited
P = Permitted
AUP = Administrative Use Permit
CUP = Conditional Use Permit
AOBP = Adult Oriented Business Permit
Notes:
1May include outdoor nursery/plant sales up to 25% of building area. For nursery as
a primary use, see Agricultural and Related Uses.
2No outdoor display is permitted.
3For those uses which do not require large amounts of water, to be determined in consultation
with the water district.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
All new land uses and structures or alterations to existing land uses and/or structures in the CS and IC land use districts shall be designed, constructed and established in compliance with the development standards in Table 19.18.040-1 (Development Standards).
Table 19.18.040-1
Development Standards
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The purpose of this Chapter is to describe the character and intent of the Open Space Residential Land Use District, identify allowed uses and establish development standards for the district.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
This district is intended for properties which have limited development and limited development potential. Open Space Residential-designated lands include publicly owned lands, BLM land, mountainous territory with scenic value, or other prominent land forms. The intent of this designation is to allow development of single-family dwellings, with minimal disruption of the land. Public uses are to be focused on the natural qualities of the area, keeping as much open space as reasonably possible. The Open Space Residential Land Use District includes the following categories:
A.
OSR, which allows a maximum of 1 dwelling unit per 10 acres.
B.
OSR-40, which allows a maximum of 1 dwelling unit per 40 acres.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
Allowed uses and permit requirements for the Open Space Residential Land Use District are listed in Table 19.20.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.20.030-1
Allowed Land Uses and Permit Requirements
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
All new land uses and structures or alterations to existing land uses and/or structures in the Open Space Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.20.040-1 (Development Standards).
Table 19.20.040-1
Development Standards
1Shall only apply to the new subdivision of property.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The purpose of this Chapter is to describe the character and intent of the Public Land Use District, identify allowed uses and establish development standards for the district. The Public Land Use District includes Public (P) and Floodway (F).
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
A.
Public (P). The intent of this district is for properties which have public uses such as City and county facilities and offices, parks, public golf courses, schools, school facilities, water district operations, etc.
B.
Floodway (F). The intent of this district is to serve as a means of identifying those properties in the City under ownership of the San Bernardino County Flood Control District and permitting flood control facilities and other drainage infrastructure, as deemed necessary by the Flood Control District, to protect the public safety of City residents.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
Allowed uses and permit requirements for the Public Land Use District are listed in Table 19.22.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.22.030-1
Allowed Land Uses and Permit Requirements
- = Prohibited
P = Permitted
AUP = Administrative Use Permit
CUP = Conditional Use Permit
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
All new land uses and structures or alterations to existing land uses and/or structures in the Public (P) and Floodway (F) land use districts shall be designed, constructed and established in compliance with the development standards in Table 19.22.040-1 (Development Standards).
Table 19.22.040-1
Development Standards
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
A.
Intent and Applicability.
1.
Overlay districts may be established in order to recognize and map environmental constraints or amenities that should be taken into consideration when land development is being proposed. Overlay districts may be designated in conjunction with those land use/zoning districts that are affected by an environmental constraint or amenity; alternatively, overlay districts may be established to recognize and map land uses approved by the City that promote flexibility to land development while maintaining community goals and priorities.
2.
An overlay may be appropriate where special development standards are necessary in earthquake fault areas in order to protect the health, welfare and safety of the public. Therefore, when a residential land use/zoning district is proposed for an area that has active earthquake faults, an overlay district will be established to map the hazardous areas and to provide special development standards.
3.
An overlay district may be mapped over any land use/zoning district. The development standards used for a site shall be those set forth in the overlay district or the land use/zoning district, as specified in this Chapter.
4.
The procedure for using overlay districts shall be as provided by this Chapter and the Development Code.
5.
When appropriate, deviations from standards set forth in the overlay districts may be granted in accordance with the provisions of Chapter 19.44 (Variance) of the Development Code, except as otherwise noted.
B.
Format.
1.
Overlay districts are divided into three groups:
a.
Preservation overlay districts are intended to preserve and protect valuable resources of land, natural land formations and land uses which have been identified by the City.
b.
Safety overlay districts are intended to identify natural or man-made conditions which are a potential threat to public health and safety and to formulate requirements to mitigate that threat.
c.
Development overlay districts are intended to provide flexible land development, while maintaining other community goals and priorities, by permitting the establishment of projects, including mobile home parks, in areas which have been identified by the City as providing compatible uses.
2.
Each overlay district section in this Chapter includes the following subsections: Intent and Purpose, Locational Requirements, Development Standards, Conflicting Provisions, and Special Requirements, if applicable. The Intent and Purpose and Locational Requirements subsections provide the necessary information for locating overlay districts in the City. The Development Standards subsection provides the necessary regulatory guidance for land use proposals that are within an overlay district in addition to those required by the applicable land use/zoning district, Development Code and/or other provisions of the Municipal Code. The Conflicting Provisions subsection specifies, in the event of conflicting development standards between the underlying land use/zoning district and the overly district, which standards apply. The Special Requirements subsection identifies additional requirements that may apply and are not covered under other subsections.
C.
Overlay Designations.
1.
When an overlay district is imposed upon a land use/zoning district, it shall be designated on the General Plan Land Use Map.
2.
The General Plan Land Use Map may include notations regarding preservation or safety conditions, in addition to areas for mobile home parks or planned developments.
3.
The following designations may appear on the General Plan Land Use Map:
a.
Preservation Overlays
i.
Preservation - Biological Habitat Overlay District (PR-BH)
ii.
Preservation - Scenic Vistas or Scenic Highways Overlay District (PR-S)
b.
Safety Overlays
i.
Safety - Geological Overlay District (S-G)
c.
Development Overlays
i.
Mobile Home - Tourist Commercial District (MH-CT)
ii.
Planned Development Overlay District (PD)
D.
Overlay District Application. The regulations and development standards established by an overlay district shall be imposed in addition to those established by the underlying land use/zoning district and shall overlay all land use/zoning districts on all parcels or portions thereof which are encompassed or circumscribed by one or more overlay districts. The land use districts may augment and strengthen the standards and provisions specified by an overlay district.
E.
Uses Permitted. The uses permitted on a parcel which has an overlay district shall be those uses allowed by the primary land use/zoning district subject to the provisions of all applicable overlay districts as well as those of this Development Code. Where the regulations or standards established by an overlay district conflict with provisions of a primary land use/zoning district or other provisions of this Development Code, the regulations or standards as specified by this Chapter shall govern.
F.
Establishment and Change of an Overlay District. The provisions of each Section of this Chapter, in conjunction with the applicable Development Code provisions, shall provide the criteria for the establishment or change of the applicable overlay district. Each overlay district is an individual land use designation that is a separate and independent designation from the primary land use/zoning district and remains with the property irrespective of the underlying land use/zoning district unless specifically changed. A change in the primary underlying land use/zoning district does not change an overlay designation.
A.
Intent and Purpose. The intent and purpose of this overlay district is to establish development regulations to protect the natural beauty and biological resources of specific interest or concern in the City.
B.
Locational Requirements. The PR-BH Overlay may be applied to land areas which contain specified biological resources as determined by the City based upon the recommendation of a qualified biologist.
C.
Development Standards. Proposed developments having portions of areas within the overlay may credit this area for requirements related to landscaping. To preserve the open space resources and prevent destruction of the biological resource, the following restrictions shall apply:
1.
Grading shall be limited to that necessary for approved building foundations, parking and access driveways. A Grading Permit or Clearing Permit for grading or clearing of land in excess of this minimum shall not be issued unless specifically approved by the Planning Commission, at a noticed public hearing, with specific findings that the proposed permit will not degrade the integrity of the biological resources.
2.
Development shall be designed and located to avoid or minimize disturbance to the biological resources.
3.
Any natural resource identified within the PR-BH Overlay District shall be protected or impacts mitigated as a condition of any proposed project.
4.
Other standards may be applied as deemed necessary by the Planning Commission to preserve the resource pursuant to the recommendation of a qualified biologist.
5.
Any permit within the PR-BH Overlay District shall only be approved if the Approving Authority makes the following findings in addition to any findings that may otherwise be required:
a.
The project will not result in a significant adverse environmental impact on endangered species or sensitive habitats, plants or animals.
b.
The project design and physical improvements minimize disturbance to the specified biological resource.
c.
The project will not degrade the scenic and open space resources of the site or areas in the vicinity of the site.
D.
Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the more restrictive provisions shall apply.
A.
Intent and Purpose. The intent of the PR-S Overlay is to provide development standards that will protect, preserve and enhance the aesthetic resources of a neighborhood or area. Design considerations shall be incorporated to allow development to coexist and not substantially interfere with the preservation of unique natural resources and roadside views of such natural resources. It is also the intent of the PR-S Overlay to implement state and federal programs and regulations regarding scenic highway routes.
B.
Locational Requirements.
1.
The PR-S Overlay may be applied to state, county and City-designated scenic highways as set forth in the City's General Plan.
2.
The PR-S Overlay District may be applied to areas with unique views of the City's desert areas or other aesthetic natural land formations.
3.
The PR-S Overlay District for scenic highways should apply to an area extending at least 200 feet on both sides of the ultimate road right-of-way. The area covered may vary to reflect the changing topography and vegetation along the right-of-way.
C.
Development Standards. When a land use is proposed within a PR-S Overlay District, the following criteria shall be used to evaluate the project:
1.
Building and Structure Placement. The building and structure placement is compatible with and does not detract from the visual setting or obstruct significant views.
2.
Setbacks/Design. Land development proposals shall be designed to blend into the natural landscape and maximize visual attributes of the natural vegetation and terrain. The design of said development proposals may also provide for maintenance of a natural open space parallel to the right-of-way. A setback shall be specified for the view from the road in any affected land use/zoning district. Deviations from established setbacks in accordance with the provisions of Chapter 19.44 (Variance) of the Development Code shall only be approved if one or more of the following are found and justified as being true.
a.
Topographic or vegetative characteristics preclude such a setback.
b.
Topographic or vegetative characteristics provide adequate screening of buildings and parking areas from the right-of-way.
c.
Property dimensions preclude such a setback.
3.
Access Drives. Right-of-way access drives shall be minimized. Developments involving concentrations of commercial activities shall be designed to function as an integral unit with common parking and right-of-way access drives.
4.
Landscaping. The removal of native vegetation shall be minimized and replacement vegetation and landscaping shall be compatible with the local environment and, where practicable, capable of surviving with a minimum of maintenance and supplemental water. Landscaping and plantings shall not obstruct significant views, either when installed or when they reach mature growth.
5.
Parking and Storage Areas. Parking and outside storage areas should be screened from view, to the maximum extent feasible, from either the scenic highway or the adjacent scenic or recreational resource by existing topography, the placement of buildings and structures, or landscaping and plantings which are compatible with the local environment and, where practicable, are capable of surviving with a minimum of maintenance and supplemental water. Outside storage areas associated with commercial activities should be completely screened from view of the right-of-way with screenwalls, landscaping and plantings compatible in the same manner noted above.
6.
Aboveground Utilities. Utilities should be constructed and routed underground except in those situations where natural features prevent the underground siting or where safety considerations necessitate aboveground construction and routing. Aboveground utilities should be constructed and routed to minimize detrimental effects on the visual setting of the designated area. Where it is practical, aboveground utilities should be screened from view from either the scenic highway or the adjacent scenic or recreational resource by existing topography, or by placement of buildings and structures.
7.
Grading. The alteration of the natural topography of the site shall be minimized and shall avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system. Alterations of the natural topography should be screened from view from either the scenic highway or the adjacent scenic or recreational resource by landscaping and plantings which harmonize with the natural landscape of the designated area, and which are capable of surviving with a minimum of maintenance and supplemental water.
D.
Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the more restrictive provisions shall apply.
A.
Intent and Purpose. The S-G Overlay is created to provide greater public safety by establishing review procedures and setbacks for areas that are subject to such potential geologic problems as ground shaking, earthquake faults, liquefaction and subsidence.
B.
Locational Requirements.
1.
The S-G Overlay shall apply to designated areas which are on or adjacent to active earthquake fault traces. The S-G Overlay shall implement the requirements of the Alquist-Priolo Special Studies Zones Act of 1972.
2.
The S-G Overlay District shall be designated in areas where landslides or subsidence are prevalent.
3.
The S-G Overlay District shall be designated in areas where liquefaction of the soil is associated with earthquake activity.
C.
Development Standards. When a land use is proposed within an S-G Overlay District, the following standards shall apply:
1.
Development of all structures used for human occupancy shall take place a minimum of 50 feet or farther from any active earthquake fault traces. Active fault traces are those delineated on the current Alquist-Priolo Earthquake Fault Zone Maps or on maps in the City General Plan.
2.
Development of all structures used for critical facilities shall take place 150 feet or farther from any active earthquake fault trace as indicated in the City General Plan. Critical facilities shall include dams, reservoirs, fuel storage facilities, power plants, nuclear reactors, police and fire stations, schools, hospitals, rest homes, nursing homes and emergency communications facilities.
3.
The following conditions may apply to areas subject to periodic landslides, subsidence and soil liquefaction as may be indicated on applicable resource maps:
a.
Siting. All facilities and streets should be sited so as to minimize the erosion potential.
b.
Vegetation. Natural vegetation shall be retained and protected where possible. Where inadequate vegetation exists, additional landscaping shall be provided. Any additional landscaping shall be compatible with the local environment and capable of surviving with a minimum of maintenance and supplemental water.
c.
Exposure of Bare Land. When land is exposed during development, only the smallest practicable land portion, as an increment of a development project, shall be exposed at any one time; the duration of time that the exposure remains unprotected shall be the shortest practical time period and such exposure should be protected with temporary vegetation or mulching where practical.
d.
Runoff. The development should be designed to minimize water runoff. Provisions should be made to effectively accommodate any increased runoff.
e.
Special Measures. Measures shall be taken to offset the possible effects of landslides. A detailed geologic report identifying these measures shall be required prior to the issuance of building permits.
f.
All proposed facilities located within liquefaction and landslide hazard areas shall be constructed in a manner to minimize or eliminate subsidence damage.
D.
Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the more restrictive provisions shall apply.
A.
Intent and Purpose. The intent and purpose of this overlay is to provide flexible land development, while maintaining other community goals and priorities, by permitting and regulating the establishment of mobile home parks in certain areas zoned Tourist Commercial.
B.
Locational Requirements.
1.
The MH-CT Overlay may be applied to areas zoned Tourist Commercial (CT), as determined by the City. Mobile home parks may operate in the MH-CT Overlay District after the granting of all necessary entitlements by, including but not limited to, the City and the California Department of Housing and Community Development (HCD).
2.
The MH-CT Overlay shall be depicted on the General Plan Land Use Map as currently shown or as may be amended. The MH-CT Overlay may also be separately depicted on an overlay map.
C.
Development Standards. To the extent permitted by law, MH-CT Overlay applicants must provide the City with proof of compliance with all development standards identified herein. The following standards shall apply to all mobile home parks established in an MH-CT Overlay District:
1.
The construction and development of mobile home parks shall comply with the following standards, regulations and conditions, where applicable:
a.
Conditions of approval imposed in accordance with any approved permit issued by the City.
b.
The Mobile Home Park Act, California Health and Safety Code Section 18200 et seq., the Mobile Home Residency Law, California Civil Code Section 798 et seq., and California Code of Regulations, Title 25, Division 1, Chapter 2, Housing and Community Development Mobile Home Park and Installations Regulations.
c.
The National Manufactured Housing Construction and Safety Standards Act of 1974 and relevant regulations in Title 24 of the Code of Federal Regulations.
d.
Requirements of state, county and local agencies including, but not limited to, County Division of Environmental Health Services, City Engineering, Office of the State Fire Marshal, Twentynine Palms Water District, and HCD.
e.
Chapter 19.124 (Mobile Home and Special Occupancy Parks) of the City's Development Code.
2.
Mobile home parks shall not exceed a density of 12 dwelling units per gross acre.
3.
Pursuant to Government Code Sections 65995, 65996 and 66000 et seq., and Education Code Sections 17620 through 17626, all owners of mobile home parks shall pay appropriate development and school impact fees at the time HCD inspects the installation of units at a mobile home park.
D.
Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the provisions of this overlay district shall apply. In the event any City-issued Conditional Use Permit or variance conflicts with these development standards, the provisions of the City-issued Conditional Use Permit or variance shall govern.
A.
Intent and Purpose. The Planned Development (PD) Overlay designates property where special consideration of the site and surroundings are necessary to allow creative development solutions that do not meet the allowed use regulations and/or development standards of the primary land use/zoning district. The PD Overlay is intended to allow modification of requirements established by other ordinances and diversification in the relationship of different uses, buildings, structures, lot sizes and open spaces, while ensuring compliance with and implementation of the General Plan.
B.
Locational Requirements. The PD Overlay may be applied to any area in the City that is a minimum of 1 acre in size.
C.
Development Standards. The development standards allowed in the PD Overlay District shall be consistent with the General Plan land use designation and description. The development standards may deviate from the development standards of the primary land use/zoning district where required findings for PD Overlay approval are made by the designated approving authority pursuant to Chapter 19.43 (Planned Development).
D.
Conflicting Provisions. In the event there is an inconsistency or conflict between an adopted PD Overlay and comparable provisions of this Title, the overlay district standards shall prevail.
E.
Special Requirements.
1.
Rezoning and Plan Approval Required. Any application to rezone property to the PD Overlay District shall also require the submittal of a Conditional Use Permit for a planned development application detailing site and building plans and uses as required in Chapter 19.43 (Planned Development). Chapter 19.43 establishes the process, procedures, findings, conditions and amendment provisions for planned development approval.
2.
Allowed Land Uses and Permit Requirements. The land uses allowed in the PD Overlay District shall be consistent with the General Plan land use designation and description. The allowed use may deviate from the allowed land use listing of the primary land use district where required findings for a planned development approval are made by the designated approving authority pursuant to Chapter 19.43 (Planned Development).
- Land Use/Zoning Districts
Editor's note—Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.08, §§ 19.08.010—19.08.040, and enacted a new Ch. 19.08 as set out herein. The former Ch. 19.08 pertained to similar subject matter and derived from original codification.
Editor's note—Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.10, §§ 19.10.010—19.10.040, and enacted a new Ch. 19.10 as set out herein. The former Ch.19.10 pertained to similar subject matter and derived from original codification.
Editor's note—Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.12, §§ 19.12.010—19.12.040, and enacted a new Ch. 19.12 as set out herein. The former Ch. 19.12 pertained to similar subject matter and derived from original codification.
Editor's note—Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.14, §§ 19.14.010—19.14.040, and enacted a new Ch. 19.14 as set out herein. The former Ch. 19.14 pertained to similar subject matter and derived from original codification.
Editor's note—Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.16, §§ 19.16.010—19.16.040, and enacted a new Ch. 19.16 as set out herein. The former Ch. 19.16 pertained to similar subject matter and derived from Ord. No. 281, adopted Nov. 14, 2017.
Editor's note—Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.18, §§ 19.18.010—19.18.040, and enacted a new Ch. 19.18 as set out herein. The former Ch. 19.18 pertained to similar subject matter and derived from original codification.
Editor's note—Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.20, §§ 19.20.010—19.20.040, and enacted a new Ch. 19.20 as set out herein. The former Ch. 19.20 pertained to similar subject matter and derived from original codification.
Editor's note—Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.22, §§ 19.22.010—19.22.040, and enacted a new Ch. 19.22 as set out herein. The former Ch. 19.22 pertained to similar subject matter and derived from original codification.
The purpose of this Chapter is to describe the character and intent of the Rural Living Land Use District, identify allowed uses and establish development standards for the district.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The intent of this district is to regulate residential development of large residential parcels. The district is primarily intended for quiet and spacious single-family residential use with some areas of compatible institutional uses. Because of the rural setting, more relaxed development standards may apply. The Rural Living Land Use District includes the following categories:
A.
RL-1, which requires a minimum lot size of 1 acre.
B.
RL-2.5, which requires a minimum lot size of 2.5 acres.
C.
RL-5, which requires a minimum lot size of 5 acres.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
Allowed uses and permit requirements for the Rural Living Land Use District are listed in Table 19.08.030-1 (Allowed Land Uses and Permit Requirements). The table lists all permissible uses and use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.08.030-1
Allowed Land Uses and Permit Requirements
- = Prohibited Use
P = Permitted Use
AUP = Administrative Use Permit
CUP = Conditional Use Permit
Notes:
1If not reviewed as part of a subdivision application.
3For those uses which do not require large amounts of water, to be determined in consultation
with the water district.
4All institutional uses shall be located within 1,000 feet of an expressway, arterial
street or collector street, and have an adequate, improved private drive.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
All new land uses and structures or alterations to existing land uses and/or structures in the Rural Living Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.08.040-1 (Development Standards).
Table 19.08.040-1
Development Standards
1Shall only apply to new subdivision applications received after July 1, 2016.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The purpose of this Chapter is to describe the character and intent of the Single-Family Residential Land Use District, identify allowed uses and establish development standards for the district.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The intent of this district is to regulate residential development in the single-family land use district of the City. The district is intended to create, preserve and enhance neighborhoods in a quiet neighborhood setting where permanent, one-household, residential uses are predominant. The detached dwellings and yards of single-family residential district areas allow for maximum privacy, where desired, and opportunities for outdoor living and activities. The Single-Family Residential Land Use District includes the following categories:
A.
RS-4, which allows a maximum of 4 units per acre.
B.
RS-3, which allows a maximum of 3 units per acre.
C.
RS-2, which allows a maximum of 2 units per acre.
D.
RS-1, which allows a maximum of 1 unit per acre.
E.
RS-E, which allows a maximum of 1 unit per 2.5 acres.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
Allowed uses and permit requirements for the Single-Family Residential Land Use District are listed in Table 19.10.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.10.030-1
Allowed Land Uses and Permit Requirements
- = Prohibited Use
P = Permitted Use
AUP = Administrative Use Permit
CUP = Conditional Use Permit
Notes:
1If not reviewed as part of a subdivision application.
2Resorts, group quarters, and resort camps may only be permitted on parcels of 5 acres
or more.
3For those uses which do not require large amounts of water, to be determined in consultation
with the water district.
4All institutional uses shall be located within 1,000 feet of an expressway, arterial
street or collector street, and have an adequate, improved private drive.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
All new land uses and structures or alterations to existing land uses and/or structures in the Single-Family Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.10.040-1 (Development Standards).
Table 19.10.040-1
Development Standards
1 Shall only apply to new subdivision applications received after July 1, 2016.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The purpose of this Chapter is to describe the character and intent of the Multi-Family Residential Land Use District, identify allowed uses and establish development standards for the district.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
This district is intended to create, preserve and enhance neighborhoods where two or more dwelling units on the same lot are predominant. The district provides an additional range of housing types to meet the varying needs of different individuals and families in the City. The densities allowed in the Multi-Family Residential Land Use District may either be part of a predominantly one-family neighborhood or an independent neighborhood, normally close to public and private transportation facilities and commercial districts or other employment and service areas.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
Allowed uses and permit requirements for the Multi-Family Residential Land Use District are listed in Table 19.12.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.12.030-1
Allowed Land Uses and Permit Requirements
- = Prohibited Use
P = Permitted
AUP = Administrative Use Permit
CUP = Conditional Use Permit
SPR = Site Plan Review
Notes:
1If not reviewed as part of a subdivision application.
2All institutional uses shall be located within 1,000 feet of an expressway, arterial
street or collector street, and have an adequate, improved private drive.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
All new land uses and structures or alterations to existing land uses and/or structures in the Multi-Family Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.12.040-1 (Development Standards).
Table 19.12.040-1
Development Standards
1Shall only apply to new subdivision applications or development project applications
received after July 1, 2016.
2Does not apply to SRO units in accordance with Chapter 19.136 (Single-Room Occupancy Facilities).
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The purpose of this Chapter is to describe the character and intent of the High Density Residential Land Use District, identify allowed uses, establish development standards for the District and satisfy the requirements of the adopted Housing Element.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The intent of this district is to provide for higher-intensity housing opportunities, especially apartment complexes and senior housing intended to accommodate affordable housing. The district allows an additional range of housing types to meet the varying needs of different individuals and families in the City. The higher-density residential area is generally close to public and private transportation facilities and commercial districts or other employment and service areas.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
Allowed uses and permit requirements for the High Density Residential Land Use District are listed in Table 19.14.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.14.030-1
Allowed Land Uses and Permit Requirements
- = Prohibited Use
P = Permitted
AUP = Administrative Use Permit
CUP = Conditional Use Permit
VHRP = Vacation Home Rental Permit
Notes:
1Maximum of one unit, must be on an existing lot.
2Multifamily residential development is allowed by right as a use, subject to CEQA
review (when the project is otherwise not exempt). CEQA review is of other aspects
of the project besides the use.
3If not reviewed as part of a subdivision application.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
All new land uses and structures or alterations to existing land uses and/or structures in the High Density Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.14.040-1 (Development Standards).
Table 19.14.040-1
Development Standards
1Shall only apply to new subdivision applications or development project applications received after April 24, 2015.2Does not apply to SRO units in accordance with Chapter 19.136 (Single-Room Occupancy Facilities).
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The purpose of this Chapter is to describe the character and intent of the commercial land use districts, identify allowed uses and establish development standards for the districts. The commercial land use districts are Office Commercial (CO), General Commercial (CG), Neighborhood Commercial (CN) and Tourist Commercial (CT).
The Service Commercial (CS) district is included in Chapter 19.18 with the Community Industrial (IC) district because of the nature of services and uses allowed in the district.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
A.
Office Commercial (CO). The CO district allows for single- and multi-tenant offices, including legal, design, engineering, medical, real estate and government services. Ancillary commercial uses to support these services may be permitted, including cafes, copying services and newsstands. The CO district permits limited residential uses as means of providing opportunities for mixed-use developments.
B.
General Commercial (CG). The CG land use serves as the City's primary commercial designation, allowing a broad range of commercial, retail, professional office and service-oriented businesses, including supermarkets, restaurants, hotels/motels and specialty retail stores.
C.
Neighborhood Commercial (CN). The CN land use allows limited commercial uses, typically goods and services housed in relatively small commercial centers that serve residents of the neighboring community. Typical uses include beauty salons, coffee shops and dry cleaners. Uses within this district are required to be compatible with their surrounding residential district(s).
D.
Tourist Commercial (CT). The CT land use allows tourism-oriented uses, such as resorts, RV parks, golf courses, restaurants, gift shops, art galleries, hotels/motels and entertainment facilities, primarily intended to serve visitors of the Joshua Tree National Park and the Marine Corps Base.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
Allowed uses and permit requirements for the commercial land use districts are provided in Table 19.16.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.16.030-1
Allowed Land Uses and Permit Requirements
- = Prohibited
P = Permitted
AUP = Administrative Use Permit
CUP = Conditional Use Permit
Notes:
3May include outdoor nursery/plant sales up to 25% of building area. For nursery as
a primary use, see Agricultural and Related Uses.
4CUP required when not accessory to a primary retail store use.
5CUP required when not accessory to a primary use.
6Up to two taxi cabs may be parked at any one time at the taxi dispatch office, and
must be in operable order. Only those companies licensed by the Morongo Basin Transit
Authority (MBTA) may operate a Taxi Dispatch Service. The establishment of a Taxi
Stand at a Dispatch Service location is allowed, but may not cause a decrease in the
established parking lot to cause a deficiency. Accessory structures for shading and
shelter may be constructed, but must be requested at the time of the review of the
Administrative Use Permit. No maintenance of Taxis are allowed at Taxi Dispatch Service
locations.
7Taxi Stands may only be placed within an established off-street parking lot and with
the permission of the property owner in an established location. Up to two taxi cabs
may be parked at any one time at the taxi stand, and must be in operable order. Only
those companies licensed by the Morongo Basin Transit Authority (MBTA) may operate
a Taxi Stand. The establishment of such Taxi Stands may not cause a decrease in the
established parking lot to cause a deficiency. Accessory structures for shading and
shelter may be constructed, but must be requested at the time of the review of the
Administrative Use Permit. No maintenance of Taxis are allowed at Taxi Stands.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
All new land uses and structures or alterations to existing land uses and/or structures in the commercial land use districts shall be designed, constructed and established in compliance with the development standards in Table 19.16.040-1 (Development Standards).
Table 19.16.040-1
Development Standards
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The purpose of this Chapter is to describe the character and intent of the Service Commercial (CS) and Community Industrial (IC) land use districts, identify allowed uses and establish development standards for the districts. This Chapter includes the districts that accommodate manufacturing uses and which also allow for heavier commercial uses.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
A.
Service Commercial (CS). The intent of the Service Commercial District is to allow for heavier commercial uses and light manufacturing uses. The CS land use allows for more intensive commercial uses, such as wholesaling operations, auto and truck repair and service, lumberyards, machine shops, light manufacturing and recycling centers. The areas in this district shall be completely separated or shielded from other incompatible land uses. High-quality design standards are encouraged to mitigate aesthetic impacts.
B.
Community Industrial (IC). The intent of the Community Industrial district is to accommodate existing industrial uses and allow for new industrial uses. Commercial uses may also be permitted as a means of enhancing and augmenting industrial development. The IC land use allows industrial and limited commercial uses and serves as the City's only industrial designation. The IC designation allows uses such as mining operations, auto dismantling and contractor's storage yards.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
Allowed uses and permit requirements for the CS and IC land use districts are provided in Table 19.18.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.18.030-1
Allowed Land Uses and Permit Requirements
- = Prohibited
P = Permitted
AUP = Administrative Use Permit
CUP = Conditional Use Permit
AOBP = Adult Oriented Business Permit
Notes:
1May include outdoor nursery/plant sales up to 25% of building area. For nursery as
a primary use, see Agricultural and Related Uses.
2No outdoor display is permitted.
3For those uses which do not require large amounts of water, to be determined in consultation
with the water district.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
All new land uses and structures or alterations to existing land uses and/or structures in the CS and IC land use districts shall be designed, constructed and established in compliance with the development standards in Table 19.18.040-1 (Development Standards).
Table 19.18.040-1
Development Standards
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The purpose of this Chapter is to describe the character and intent of the Open Space Residential Land Use District, identify allowed uses and establish development standards for the district.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
This district is intended for properties which have limited development and limited development potential. Open Space Residential-designated lands include publicly owned lands, BLM land, mountainous territory with scenic value, or other prominent land forms. The intent of this designation is to allow development of single-family dwellings, with minimal disruption of the land. Public uses are to be focused on the natural qualities of the area, keeping as much open space as reasonably possible. The Open Space Residential Land Use District includes the following categories:
A.
OSR, which allows a maximum of 1 dwelling unit per 10 acres.
B.
OSR-40, which allows a maximum of 1 dwelling unit per 40 acres.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
Allowed uses and permit requirements for the Open Space Residential Land Use District are listed in Table 19.20.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.20.030-1
Allowed Land Uses and Permit Requirements
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
All new land uses and structures or alterations to existing land uses and/or structures in the Open Space Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.20.040-1 (Development Standards).
Table 19.20.040-1
Development Standards
1Shall only apply to the new subdivision of property.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
The purpose of this Chapter is to describe the character and intent of the Public Land Use District, identify allowed uses and establish development standards for the district. The Public Land Use District includes Public (P) and Floodway (F).
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
A.
Public (P). The intent of this district is for properties which have public uses such as City and county facilities and offices, parks, public golf courses, schools, school facilities, water district operations, etc.
B.
Floodway (F). The intent of this district is to serve as a means of identifying those properties in the City under ownership of the San Bernardino County Flood Control District and permitting flood control facilities and other drainage infrastructure, as deemed necessary by the Flood Control District, to protect the public safety of City residents.
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
Allowed uses and permit requirements for the Public Land Use District are listed in Table 19.22.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.22.030-1
Allowed Land Uses and Permit Requirements
- = Prohibited
P = Permitted
AUP = Administrative Use Permit
CUP = Conditional Use Permit
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
All new land uses and structures or alterations to existing land uses and/or structures in the Public (P) and Floodway (F) land use districts shall be designed, constructed and established in compliance with the development standards in Table 19.22.040-1 (Development Standards).
Table 19.22.040-1
Development Standards
(Ord. No. 310, § 4(Exh. A), 9-26-2023)
A.
Intent and Applicability.
1.
Overlay districts may be established in order to recognize and map environmental constraints or amenities that should be taken into consideration when land development is being proposed. Overlay districts may be designated in conjunction with those land use/zoning districts that are affected by an environmental constraint or amenity; alternatively, overlay districts may be established to recognize and map land uses approved by the City that promote flexibility to land development while maintaining community goals and priorities.
2.
An overlay may be appropriate where special development standards are necessary in earthquake fault areas in order to protect the health, welfare and safety of the public. Therefore, when a residential land use/zoning district is proposed for an area that has active earthquake faults, an overlay district will be established to map the hazardous areas and to provide special development standards.
3.
An overlay district may be mapped over any land use/zoning district. The development standards used for a site shall be those set forth in the overlay district or the land use/zoning district, as specified in this Chapter.
4.
The procedure for using overlay districts shall be as provided by this Chapter and the Development Code.
5.
When appropriate, deviations from standards set forth in the overlay districts may be granted in accordance with the provisions of Chapter 19.44 (Variance) of the Development Code, except as otherwise noted.
B.
Format.
1.
Overlay districts are divided into three groups:
a.
Preservation overlay districts are intended to preserve and protect valuable resources of land, natural land formations and land uses which have been identified by the City.
b.
Safety overlay districts are intended to identify natural or man-made conditions which are a potential threat to public health and safety and to formulate requirements to mitigate that threat.
c.
Development overlay districts are intended to provide flexible land development, while maintaining other community goals and priorities, by permitting the establishment of projects, including mobile home parks, in areas which have been identified by the City as providing compatible uses.
2.
Each overlay district section in this Chapter includes the following subsections: Intent and Purpose, Locational Requirements, Development Standards, Conflicting Provisions, and Special Requirements, if applicable. The Intent and Purpose and Locational Requirements subsections provide the necessary information for locating overlay districts in the City. The Development Standards subsection provides the necessary regulatory guidance for land use proposals that are within an overlay district in addition to those required by the applicable land use/zoning district, Development Code and/or other provisions of the Municipal Code. The Conflicting Provisions subsection specifies, in the event of conflicting development standards between the underlying land use/zoning district and the overly district, which standards apply. The Special Requirements subsection identifies additional requirements that may apply and are not covered under other subsections.
C.
Overlay Designations.
1.
When an overlay district is imposed upon a land use/zoning district, it shall be designated on the General Plan Land Use Map.
2.
The General Plan Land Use Map may include notations regarding preservation or safety conditions, in addition to areas for mobile home parks or planned developments.
3.
The following designations may appear on the General Plan Land Use Map:
a.
Preservation Overlays
i.
Preservation - Biological Habitat Overlay District (PR-BH)
ii.
Preservation - Scenic Vistas or Scenic Highways Overlay District (PR-S)
b.
Safety Overlays
i.
Safety - Geological Overlay District (S-G)
c.
Development Overlays
i.
Mobile Home - Tourist Commercial District (MH-CT)
ii.
Planned Development Overlay District (PD)
D.
Overlay District Application. The regulations and development standards established by an overlay district shall be imposed in addition to those established by the underlying land use/zoning district and shall overlay all land use/zoning districts on all parcels or portions thereof which are encompassed or circumscribed by one or more overlay districts. The land use districts may augment and strengthen the standards and provisions specified by an overlay district.
E.
Uses Permitted. The uses permitted on a parcel which has an overlay district shall be those uses allowed by the primary land use/zoning district subject to the provisions of all applicable overlay districts as well as those of this Development Code. Where the regulations or standards established by an overlay district conflict with provisions of a primary land use/zoning district or other provisions of this Development Code, the regulations or standards as specified by this Chapter shall govern.
F.
Establishment and Change of an Overlay District. The provisions of each Section of this Chapter, in conjunction with the applicable Development Code provisions, shall provide the criteria for the establishment or change of the applicable overlay district. Each overlay district is an individual land use designation that is a separate and independent designation from the primary land use/zoning district and remains with the property irrespective of the underlying land use/zoning district unless specifically changed. A change in the primary underlying land use/zoning district does not change an overlay designation.
A.
Intent and Purpose. The intent and purpose of this overlay district is to establish development regulations to protect the natural beauty and biological resources of specific interest or concern in the City.
B.
Locational Requirements. The PR-BH Overlay may be applied to land areas which contain specified biological resources as determined by the City based upon the recommendation of a qualified biologist.
C.
Development Standards. Proposed developments having portions of areas within the overlay may credit this area for requirements related to landscaping. To preserve the open space resources and prevent destruction of the biological resource, the following restrictions shall apply:
1.
Grading shall be limited to that necessary for approved building foundations, parking and access driveways. A Grading Permit or Clearing Permit for grading or clearing of land in excess of this minimum shall not be issued unless specifically approved by the Planning Commission, at a noticed public hearing, with specific findings that the proposed permit will not degrade the integrity of the biological resources.
2.
Development shall be designed and located to avoid or minimize disturbance to the biological resources.
3.
Any natural resource identified within the PR-BH Overlay District shall be protected or impacts mitigated as a condition of any proposed project.
4.
Other standards may be applied as deemed necessary by the Planning Commission to preserve the resource pursuant to the recommendation of a qualified biologist.
5.
Any permit within the PR-BH Overlay District shall only be approved if the Approving Authority makes the following findings in addition to any findings that may otherwise be required:
a.
The project will not result in a significant adverse environmental impact on endangered species or sensitive habitats, plants or animals.
b.
The project design and physical improvements minimize disturbance to the specified biological resource.
c.
The project will not degrade the scenic and open space resources of the site or areas in the vicinity of the site.
D.
Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the more restrictive provisions shall apply.
A.
Intent and Purpose. The intent of the PR-S Overlay is to provide development standards that will protect, preserve and enhance the aesthetic resources of a neighborhood or area. Design considerations shall be incorporated to allow development to coexist and not substantially interfere with the preservation of unique natural resources and roadside views of such natural resources. It is also the intent of the PR-S Overlay to implement state and federal programs and regulations regarding scenic highway routes.
B.
Locational Requirements.
1.
The PR-S Overlay may be applied to state, county and City-designated scenic highways as set forth in the City's General Plan.
2.
The PR-S Overlay District may be applied to areas with unique views of the City's desert areas or other aesthetic natural land formations.
3.
The PR-S Overlay District for scenic highways should apply to an area extending at least 200 feet on both sides of the ultimate road right-of-way. The area covered may vary to reflect the changing topography and vegetation along the right-of-way.
C.
Development Standards. When a land use is proposed within a PR-S Overlay District, the following criteria shall be used to evaluate the project:
1.
Building and Structure Placement. The building and structure placement is compatible with and does not detract from the visual setting or obstruct significant views.
2.
Setbacks/Design. Land development proposals shall be designed to blend into the natural landscape and maximize visual attributes of the natural vegetation and terrain. The design of said development proposals may also provide for maintenance of a natural open space parallel to the right-of-way. A setback shall be specified for the view from the road in any affected land use/zoning district. Deviations from established setbacks in accordance with the provisions of Chapter 19.44 (Variance) of the Development Code shall only be approved if one or more of the following are found and justified as being true.
a.
Topographic or vegetative characteristics preclude such a setback.
b.
Topographic or vegetative characteristics provide adequate screening of buildings and parking areas from the right-of-way.
c.
Property dimensions preclude such a setback.
3.
Access Drives. Right-of-way access drives shall be minimized. Developments involving concentrations of commercial activities shall be designed to function as an integral unit with common parking and right-of-way access drives.
4.
Landscaping. The removal of native vegetation shall be minimized and replacement vegetation and landscaping shall be compatible with the local environment and, where practicable, capable of surviving with a minimum of maintenance and supplemental water. Landscaping and plantings shall not obstruct significant views, either when installed or when they reach mature growth.
5.
Parking and Storage Areas. Parking and outside storage areas should be screened from view, to the maximum extent feasible, from either the scenic highway or the adjacent scenic or recreational resource by existing topography, the placement of buildings and structures, or landscaping and plantings which are compatible with the local environment and, where practicable, are capable of surviving with a minimum of maintenance and supplemental water. Outside storage areas associated with commercial activities should be completely screened from view of the right-of-way with screenwalls, landscaping and plantings compatible in the same manner noted above.
6.
Aboveground Utilities. Utilities should be constructed and routed underground except in those situations where natural features prevent the underground siting or where safety considerations necessitate aboveground construction and routing. Aboveground utilities should be constructed and routed to minimize detrimental effects on the visual setting of the designated area. Where it is practical, aboveground utilities should be screened from view from either the scenic highway or the adjacent scenic or recreational resource by existing topography, or by placement of buildings and structures.
7.
Grading. The alteration of the natural topography of the site shall be minimized and shall avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system. Alterations of the natural topography should be screened from view from either the scenic highway or the adjacent scenic or recreational resource by landscaping and plantings which harmonize with the natural landscape of the designated area, and which are capable of surviving with a minimum of maintenance and supplemental water.
D.
Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the more restrictive provisions shall apply.
A.
Intent and Purpose. The S-G Overlay is created to provide greater public safety by establishing review procedures and setbacks for areas that are subject to such potential geologic problems as ground shaking, earthquake faults, liquefaction and subsidence.
B.
Locational Requirements.
1.
The S-G Overlay shall apply to designated areas which are on or adjacent to active earthquake fault traces. The S-G Overlay shall implement the requirements of the Alquist-Priolo Special Studies Zones Act of 1972.
2.
The S-G Overlay District shall be designated in areas where landslides or subsidence are prevalent.
3.
The S-G Overlay District shall be designated in areas where liquefaction of the soil is associated with earthquake activity.
C.
Development Standards. When a land use is proposed within an S-G Overlay District, the following standards shall apply:
1.
Development of all structures used for human occupancy shall take place a minimum of 50 feet or farther from any active earthquake fault traces. Active fault traces are those delineated on the current Alquist-Priolo Earthquake Fault Zone Maps or on maps in the City General Plan.
2.
Development of all structures used for critical facilities shall take place 150 feet or farther from any active earthquake fault trace as indicated in the City General Plan. Critical facilities shall include dams, reservoirs, fuel storage facilities, power plants, nuclear reactors, police and fire stations, schools, hospitals, rest homes, nursing homes and emergency communications facilities.
3.
The following conditions may apply to areas subject to periodic landslides, subsidence and soil liquefaction as may be indicated on applicable resource maps:
a.
Siting. All facilities and streets should be sited so as to minimize the erosion potential.
b.
Vegetation. Natural vegetation shall be retained and protected where possible. Where inadequate vegetation exists, additional landscaping shall be provided. Any additional landscaping shall be compatible with the local environment and capable of surviving with a minimum of maintenance and supplemental water.
c.
Exposure of Bare Land. When land is exposed during development, only the smallest practicable land portion, as an increment of a development project, shall be exposed at any one time; the duration of time that the exposure remains unprotected shall be the shortest practical time period and such exposure should be protected with temporary vegetation or mulching where practical.
d.
Runoff. The development should be designed to minimize water runoff. Provisions should be made to effectively accommodate any increased runoff.
e.
Special Measures. Measures shall be taken to offset the possible effects of landslides. A detailed geologic report identifying these measures shall be required prior to the issuance of building permits.
f.
All proposed facilities located within liquefaction and landslide hazard areas shall be constructed in a manner to minimize or eliminate subsidence damage.
D.
Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the more restrictive provisions shall apply.
A.
Intent and Purpose. The intent and purpose of this overlay is to provide flexible land development, while maintaining other community goals and priorities, by permitting and regulating the establishment of mobile home parks in certain areas zoned Tourist Commercial.
B.
Locational Requirements.
1.
The MH-CT Overlay may be applied to areas zoned Tourist Commercial (CT), as determined by the City. Mobile home parks may operate in the MH-CT Overlay District after the granting of all necessary entitlements by, including but not limited to, the City and the California Department of Housing and Community Development (HCD).
2.
The MH-CT Overlay shall be depicted on the General Plan Land Use Map as currently shown or as may be amended. The MH-CT Overlay may also be separately depicted on an overlay map.
C.
Development Standards. To the extent permitted by law, MH-CT Overlay applicants must provide the City with proof of compliance with all development standards identified herein. The following standards shall apply to all mobile home parks established in an MH-CT Overlay District:
1.
The construction and development of mobile home parks shall comply with the following standards, regulations and conditions, where applicable:
a.
Conditions of approval imposed in accordance with any approved permit issued by the City.
b.
The Mobile Home Park Act, California Health and Safety Code Section 18200 et seq., the Mobile Home Residency Law, California Civil Code Section 798 et seq., and California Code of Regulations, Title 25, Division 1, Chapter 2, Housing and Community Development Mobile Home Park and Installations Regulations.
c.
The National Manufactured Housing Construction and Safety Standards Act of 1974 and relevant regulations in Title 24 of the Code of Federal Regulations.
d.
Requirements of state, county and local agencies including, but not limited to, County Division of Environmental Health Services, City Engineering, Office of the State Fire Marshal, Twentynine Palms Water District, and HCD.
e.
Chapter 19.124 (Mobile Home and Special Occupancy Parks) of the City's Development Code.
2.
Mobile home parks shall not exceed a density of 12 dwelling units per gross acre.
3.
Pursuant to Government Code Sections 65995, 65996 and 66000 et seq., and Education Code Sections 17620 through 17626, all owners of mobile home parks shall pay appropriate development and school impact fees at the time HCD inspects the installation of units at a mobile home park.
D.
Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the provisions of this overlay district shall apply. In the event any City-issued Conditional Use Permit or variance conflicts with these development standards, the provisions of the City-issued Conditional Use Permit or variance shall govern.
A.
Intent and Purpose. The Planned Development (PD) Overlay designates property where special consideration of the site and surroundings are necessary to allow creative development solutions that do not meet the allowed use regulations and/or development standards of the primary land use/zoning district. The PD Overlay is intended to allow modification of requirements established by other ordinances and diversification in the relationship of different uses, buildings, structures, lot sizes and open spaces, while ensuring compliance with and implementation of the General Plan.
B.
Locational Requirements. The PD Overlay may be applied to any area in the City that is a minimum of 1 acre in size.
C.
Development Standards. The development standards allowed in the PD Overlay District shall be consistent with the General Plan land use designation and description. The development standards may deviate from the development standards of the primary land use/zoning district where required findings for PD Overlay approval are made by the designated approving authority pursuant to Chapter 19.43 (Planned Development).
D.
Conflicting Provisions. In the event there is an inconsistency or conflict between an adopted PD Overlay and comparable provisions of this Title, the overlay district standards shall prevail.
E.
Special Requirements.
1.
Rezoning and Plan Approval Required. Any application to rezone property to the PD Overlay District shall also require the submittal of a Conditional Use Permit for a planned development application detailing site and building plans and uses as required in Chapter 19.43 (Planned Development). Chapter 19.43 establishes the process, procedures, findings, conditions and amendment provisions for planned development approval.
2.
Allowed Land Uses and Permit Requirements. The land uses allowed in the PD Overlay District shall be consistent with the General Plan land use designation and description. The allowed use may deviate from the allowed land use listing of the primary land use district where required findings for a planned development approval are made by the designated approving authority pursuant to Chapter 19.43 (Planned Development).