City of Palm Desert, CA SPECIAL USE PROVISIONS

Private schools with organized classes.

11.

Upholstering.

12.

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

13.

Welding and machining.

Performance standards. The following performance standards apply to all home occupations.

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.

"Accessory dwelling unit" or "ADU"

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.

(Ord. 1259 § 1, 2013; Ord. 1279 § 7, 2015; Ord. 1393 § 15, 2023)

§ 25.34.030 Accessory Dwelling Units.

Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.

Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:

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)(7) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

Definitions. As used in this section, terms are defined as follows:

means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

"Accessory structure"

means a structure that is accessory and incidental to a dwelling located on the same lot.

"Complete independent living facilities"

means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

"Efficiency kitchen"

means a kitchen that includes each of the following:

A cooking facility with appliances.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

"Junior accessory dwelling unit" or "JADU"

means a residential unit that satisfies all of the following:

It is no more than 500 square feet in size.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

It includes an efficiency kitchen, as defined in subsection (C)(4) above.

"Living area"

means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

"Nonconforming zoning condition"

means a physical improvement on a property that does not conform with current zoning standards.

"Passageway"

means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

"Proposed dwelling"

means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

"Public transit"

means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

"Tandem parking"

means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

Approvals. The following approvals apply to ADUs and JADUs under this section:

Building-Permit Only. If an ADU or JADU complies with each of the general requirements in subsection E below, it is allowed with only a building permit in the following scenarios:

Converted on Single-Family Lot. One ADU as described in this subsection (D)(1)(a) and 1 JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

Has exterior access that is independent of that for the single-family dwelling; and

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

The JADU complies with the requirements of Government Code section 65852.22.

Limited Detached on Single-family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) above), if the detached ADU satisfies each of the following limitations:

The side- and rear-yard setbacks are at least 4 feet.

The total floor area is 800 square feet or smaller.

The peak height above grade does not exceed the applicable height limit in subsection (E)(2) below.

Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (D)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

Limited Detached on Multifamily Lot. No more than 2 detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:

The side- and rear-yard setbacks are at least 4 feet. If the existing multifamily dwelling has a rear or side yard setback of less than 4 feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.

The peak height above grade does not exceed the applicable height limit provided in subsection (E)(2) below.

ADU Permit.

Except as allowed under subsection (D)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F below.

The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU-permit processing fee is determined by the Director of Development Services and approved by the City Council by resolution.

Process and Timing.

An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (D)(3)(b) above.

A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (D)(1) or (D)(2) above:

Zoning.

An ADU or JADU subject only to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use zone.

An ADU or JADU subject to an ADU permit under subsection (D)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

Height.

Except as otherwise provided by subsections (E)(2)(b) and (E)(2)(c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.

A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to 2 additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than 1 story above grade may not exceed 18 feet in height.

An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(d) may not exceed 2 stories.

For purposes of this subsection (E)(2), height is measured above existing legal grade to the peak of the structure.

Fire Sprinklers.

Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

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 65852.26, 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.

An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.

Unless applicable law requires otherwise, an ADU that was created before January 1, 2020, is subject to the owner-occupancy requirement that was in place when the ADU was created.

Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to the following owner-occupancy requirement: A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.

As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (E)(7)(d) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

Deed Restriction. Prior to issuance of a building permit for an ADU or 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:

Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

The deed restriction runs with the land and may be enforced against future property owners.

The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

The deed restriction is enforceable by the Director of Development Services or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

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.

Income Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied:

With the building-permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90-day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law.

11.

Building and Safety.

Must comply with building code. Subject to subsection E.11.b below, all ADUs and JADUs must comply with all local building code requirements.

No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) above.

Maximum Size.

The maximum size of a detached or attached ADU subject to this subsection F is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with 2 or more bedrooms.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (F)(1)(b) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

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

Setbacks; Separation.

An ADU that is subject to this subsection F must conform to a 25-foot front-yard setback, subject to subsection (F)(1)(c) above.

An ADU that is subject to this subsection F must conform to 4-foot side- and rear-yard setbacks.

No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.

An ADU that is subject to this subsection F must be at least 5 feet from any other dwelling or accessory structure.

No part of an ADU that is subject to in this subsection F may intrude into the setback and separation areas that established by paragraphs (F)(3)(a) through (d) above.

Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (F)(1)(c) above.

Minimum Open Space. No ADU subject to this subsection F may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection (F)(1)(c) above.

Passageway. No passageway, as defined by subsection (C)(8) above, is required for an ADU.

Parking.

Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(11) above.

Exceptions. No parking under subsection (F)(7)(a) is required in the following situations:

The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(10) above.

The ADU is located within an architecturally and historically significant historic district.

The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (D)(1)(a) above.

When on-street parking permits are required but not offered to the occupant of the ADU.

When there is an established car share vehicle stop located within one block of the ADU.

When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (F)(7)(b)(i) through (v) above.

Space Dimensions. Any parking space that is required by this subsection (F)(7) must comply with the following minimum dimensions:

A covered space must be at least 10 feet and 20 feet long.

An uncovered space must be at least 9 feet wide and 18.5 feet long.

No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

Architectural Requirements.

The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.

The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

All roof and ground-mounted equipment must be fully screened from the adjacent public right-of-way and adjacent properties. Masonry walls, landscaping, or architectural features may be used to provide screening and prevent a direct line of sight.

The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of 7 feet.

Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least 6 feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire-access access as determined by the fire marshal.

Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:

At least one 15-gallon size plant shall be provided for every 5 linear feet of exterior wall. Alternatively, at least one 24″ box size plant shall be provided for every 10 linear feet of exterior wall.

Plant specimens must be at least 6 feet tall when installed. As an alternative, the owner may provide the required screening with a solid wall or fence of at least 6 feet in height that is approved in accordance with this title.

All landscaping must be drought-tolerant.

All landscaping must be from the City's approved plant list.

Historical Protections. The following requirements apply to all ADUs that are subject to this subsection F and that 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.

Fees. The following requirements apply to all ADUs that are approved under subsections (D)(1) or (D)(2) above.

Impact Fees.

No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of subsection (G)(1) of this section, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

Utility Fees.

If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

Except as described in subsection (G)(2)(a), converted ADUs on a single-family lot that are created under subsection (D)(1)(a) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

Except as described in subsection (G)(2)(a), all ADUs that are not covered by subsection (G)(2)(b) require a new, separate utility connection directly between the ADU and the utility.

The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

Nonconforming zoning code conditions, building code violations, and unpermitted structures.

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 constructed before 2018.

Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:

The ADU violates applicable building standards, or

The ADU does not comply with the state ADU law (Government Code section 65852.2) or this section.

Exceptions:

Notwithstanding subsection (H)(2)(a) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

Subsection (H)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

Nonconforming ADUs and discretionary approval.

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 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:

All additions and modifications that affect the exterior of the primary dwelling require a Certificate of Appropriateness in accordance with Title 29 of the Palm Desert Municipal Code.

All additions and exterior modifications must preserve the architectural character, and retain any distinctive stylistic features of the existing research and be subject to design standards identified under Section 29.60.080 of the Palm Desert Municipal Code.

(Ord. 1259 § 1, 2013; Ord. 1321 § 2, 2017; Ord. 1358 § 2, 2020; Ord. 1389 § 3, 2022)

§ 25.34.040 Affordable Housing and Density Bonus Provisions.

Purpose. The purpose of this section is to provide incentives for the production of housing for very low-income, lower-income, moderate-income, special needs, and senior households in the City and to establish procedures for carrying out the legislative requirements and complying with California Government Code Section 65915 et seq.

Eligibility for density bonus and incentives and concessions. The City shall grant one density bonus, with concessions or incentives, as specified in Section 25.34.040.D (number and types of density bonuses and incentives and concessions allowed), when the applicant for the residential development seeks and agrees to construct a residential development, excluding any units permitted by the density bonus awarded pursuant to this article, that will contain at least one of the following. The applicant shall specify which of the following is the basis for the density bonus.

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.

General provisions for density bonus and incentives and concessions. The following general requirements apply to the application and determination of all incentives and bonuses:

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:

The waiver or reduction would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon health and safety or the physical environment and for which the City determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

This would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

The waiver or reduction would be contrary to state or federal law.

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.

Prior to the award of a density bonus and any related incentives or concessions, the applicant shall enter into an agreement with the City to ensure the continued affordability of all target units.

For all target units, the agreement shall specify the household income classification, number, location, size, and construction scheduling and shall require target units in a project and phases of a project to be constructed concurrently with the construction of non-target units. The agreement shall include such other provisions as necessary to establish compliance with the requirements of this article.

Number and types of density bonuses and incentives and concessions allowed.

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:

For developments providing 10 percent lower-income target units, the City shall provide a 20 percent increase above the otherwise maximum allowable residential density as of the date of application, plus a 1.5 percent supplemental increase over that base for every 1 percent increase in low-income target units above 10 percent. The maximum density bonus allowed including supplemental increases is 35 percent.

For developments providing 5 percent very low-income target units, the City shall provide a 20 percent increase above the otherwise maximum allowable residential density as of the date of application, plus a 2.5 percent supplemental increase over that base for every 1 percent increase in very low-income target units above 5 percent. The maximum density bonus allowed including supplemental increases is 35 percent.

For senior citizen housing developments, a flat 20 percent of the number of senior units.

For common interest developments providing 10 percent moderate-income target units, the City shall provide a 5 percent increase above the otherwise maximum allowable residential density as of the date of application, plus a 1 percent increase in moderate-income units above 10 percent. The maximum density bonus allowed including supplemental increases is 35 percent.

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.

One incentive or concession for projects that include at least 10 percent of the total units for lower-income households, at least 5 percent for very low-income households, or at least 10 percent for persons and families of moderate income in a common interest development.

Two incentives or concessions for projects that include at least 20 percent of the total units for lower-income households, at least 10 percent for very low-income households, or at least 20 percent for persons and families of moderate income in a common interest development.

Three incentives or concessions for projects that include at least 30 percent of the total units for lower-income households, at least 15 percent for very low-income households, or at least 30 percent for persons and families of moderate income in a common interest development.

The City shall grant the concession or incentive requested by the applicant unless it makes a written finding of either of the following:

The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).

The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-and moderate-income households.

The concession or incentive would be contrary to state or federal law.

Available Incentives and Concessions.

A reduction in the site development standards or a modification of the requirements of this title that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including but not limited to a reduction in setback and square footage requirements and in the ratio of vehicle parking spaces that would otherwise be required and that results in identifiable, financially sufficient, and actual cost reductions.

Approval of mixed-use zoning in conjunction with the housing development if the nonresidential land uses will reduce the cost of the housing development and the nonresidential land uses are compatible with the housing development and existing or planned development in the area in which the housing development will be located.

Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable, financially sufficient, and actual cost reductions.

Priority processing of a housing development that qualifies for a density bonus based on income-restricted units.

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

When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City and agrees to include a minimum of 10 percent of the total units before the density bonus for very low-income households, the applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density, plus a 1 percent supplemental increase for each additional percentage of very low-income units to a maximum density bonus of 35 percent for the entire development.

The density bonus provided in this subsection shall be in addition to any other density bonus provided by this article up to a maximum combined density bonus of 35 percent.

The applicant shall be eligible for the increased density bonus described in this subsection if all of the following conditions are met:

The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

The developable acreage and zoning designation of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units of the proposed development.

The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code, and is or will be served by adequate public facilities and infrastructure.

The transferred land shall have all of the entitlements and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the City may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 of Government Code if the design is not reviewed by the City prior to the time of transfer.

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with the requirements of this article which shall be recorded on the property at the time of the transfer.

The land is transferred to the City or to a housing developer approved by the City.

The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development.

A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

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

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

Housing developments meeting the requirements of Section 25.34.040.B (eligibility for density bonus and incentives and concessions) and including a child care facility that will be located on the premises of, as part of, or adjacent to the housing development shall receive either of the following:

An additional density bonus that is an amount of square footage of residential space that is equal to or greater than the amount of square footage in the child care facility.

An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the child care facility.

The City shall require the following as conditions of approving the housing development:

The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable, pursuant to subdivision (c) of Section 65915 of the Government Code.

Of the children who attend the child care facility, the children of very low-income households, lower-income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of target units that are required pursuant to Section 25.34.040.B (eligibility for density bonus and incentives and concessions).

Notwithstanding any other requirements of this section, the City shall not be required to provide a density bonus or incentive or concession for a child care facility if it makes a written finding, based upon substantial evidence, that the community has adequate child care facilities.

Location of density bonus units. The location of density bonus units within the housing development may be at the discretion of the developer. However, the target units shall be dispersed throughout the housing development and when feasible shall contain, on average, the same number of bedrooms as the non-target units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials, and quality finish.

Continued availability.

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 or denial.

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:

The incentive or concession is not required in order to provide for affordable housing costs or affordable rent for the target units.

The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which the City determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

The concession or incentive would be contrary to state or federal law.

(Ord. 1259 § 1, 2013)

§ 25.34.050 Residential Condominium Conversions.

Purpose. The purpose of this chapter is to:

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.

General requirements.

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 and public hearing notice.

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.

Standards for condominium conversions. Condominium conversions shall conform to the applicable local, state, and federal laws in place at the time of the conversion, subject to any valid, applicable exceptions thereto. In addition, the following general requirements shall apply:

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.

Tenant purchase option. The property owner shall provide each tenant of a rental unit to be converted pursuant to this chapter with a 90-day right of first refusal to purchase his or her respective unit in accordance with Section 66427.1 of the Subdivision Map Act.

Tenant relocation plan. The applicant shall submit a tenant relocation plan containing and complying with the following:

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.

Consumer protection provisions. In addition to the tenant protection provisions set forth in the Subdivision Map Act, the applicant shall comply with the following provisions, as conditions of any condominium conversion use permit for a condominium conversion project approved pursuant to this chapter:

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

The relocation plan shall provide for the following: assistance to each eligible tenant in locating alternative housing, including but not limited to providing availability reports where necessary.

Payment of a relocation fee to each eligible tenant who does not choose to purchase a condominium unit. The payment shall be a one-time lump sum cash payment of at least $1,500 in 2006 (calendar year) dollars, escalated annually by the Consumer Price Index for Los Angeles-Riverside-Orange County. An otherwise eligible tenant is not entitled to a relocation fee pursuant to this subsection if the tenant has been evicted for just cause. In addition, a cash payment of actual deposit costs shall be made to each eligible tenant who does not choose to stay for utility deposits and hook-up costs.

In the case of eligible tenants who are also special category tenants as defined herein, the applicant shall provide to the displaced special category tenant, in addition to the relocation fee specified in subsection (A)(2) of this section, a one-time lump sum payment not to exceed a total of $1,000 in 2006 dollars, escalated annually by the Consumer Price Index for Los Angeles-Riverside-Orange County, of the first month's rent in the alternative housing, if required upon moving in, and the transfer to the new complex of all key, utility, and pet deposits to which the special category tenant is entitled upon vacating the unit.

The relocation assistance payments referenced herein shall be paid at the time the tenant vacates the unit.

The applicant's offer to each eligible tenant of relocation assistance shall be free of any coercion, intimidation, inducement, or promise not herein specified and shall not cause the tenant to vacate in advance of a timetable or schedule for relocation as approved in the application for approval of conversion.

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.

Applications for condominium conversions. After preliminary applications are accepted for further discretionary review, the applicant shall submit all the information required for a conditional use permit application and a tentative map pursuant to this code. In addition, the applicant shall submit information demonstrating that the project as a whole will be in good repair on the interior and the exterior when offered for sale.

Recognizing that the conversion of existing structures which have been previously occupied and constructed as rental units presents unique problems to present tenants and future buyers, the application for a condominium conversion project conditional use permit shall include the following information in addition to that required by other sections of this code:

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.

Affordable housing. In higher-density multifamily residential developments, the City encourages inclusion of affordable units. As part of the application package, the applicant shall submit an affordable housing implementation plan (AHIP) showing how the project will assist in meeting the affordable housing needs of the City. The AHIP shall include specific information concerning the demographic and financial characteristics of the project, including but not limited to the following:

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:

Households with persons 62 years or older.

The family side of households, including a breakdown of households with children five years and younger, and between six and eighteen years.

Households with handicapped persons.

The length of residence.

The age of tenants.

The designation of low- and moderate-income households and whether any are receiving federal or state rent subsidies.

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.

Tentative map review procedures.

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.

Findings. The Commission/Council shall not approve conditional use permit for a condominium conversion project unless it finds all of the following:

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:

Evidence has been submitted that at least 50 percent plus one of the eligible tenants have voted to recommend approval of the conversion.

That the evidence presented to the Commission/Council as part of the application for the project overwhelmingly complies with the policies and intent of this chapter. Applicants shall be able to request that the Commission/Council allow for a condominium conversion project to be considered for approval where the vacancy rate and/or tenant approval percentage requirements of this section have not been met but have been substantially complied with.

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

Commission/Council determination. The Commission shall hold a duly noticed public hearing on a condominium conversion project, and the decision of the Commission shall be final unless a timely appeal is filed. When a timely appeal is filed to a decision of the Commission, the Council shall hold a public hearing on a condominium conversion project, and the decision of the Council shall be final and subject to appeal only by way of writ of mandate to a court of appropriate jurisdiction. A condominium conversion project conditional use permit may be approved subject to such conditions as the Commission/ Council may prescribe.

Lapse of permit.

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.

Exemptions. For residential developments, the conversion of existing apartments to a condominium project shall be exempt from the requirements of parkland dedication or parkland in-lieu fees if, on the date of conversion, the apartment complex is at least five years of age and no additional dwelling units are to be added as part of the conversion as provided in Section 66477(d) of the Subdivision Map Act.

(Ord. 1259 § 1, 2013)

§ 25.34.060 Time-Share Uses.

Purpose. The purpose of the special use regulations for time-share uses is to establish special location and site development standards.

Definitions.

"Accommodation"

means any dwelling unit, apartment, condominium or cooperative unit, hotel or motel room, or other structure constructed for residential use and occupancy, including, but not limited to, a single-family dwelling, or unit within a two-family dwelling, three-family dwelling, multiple family dwelling, or townhouse dwelling as defined in Section 17.04.160.

"Developer"

means person, who at any point in time, owns, or has an option or contract to acquire eleven or more time-share interests for purposes of sale in the ordinary course of business if the time-share interests were acquired or are to be acquired from the original recipient of a public report for the time-share plan, or from a person who succeeded to the interest of the original recipient in eleven or more time-share interests in a time-share plan.

"Owner"

means owner of a time-share interest.

"Person"

means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, or other legal entity, or any combination thereof.

"Time-share instrument"

means one or more documents, by whatever name denominated, creating or governing the operation of a time-share plan and includes the declaration dedicating accommodations to the time-share plan.

"Time-share interest"

means and includes either of the following:

A "time-share estate," which is the right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, coupled with a freehold estate or an estate for years with a future interest in a time-share property or a specified portion thereof.

A "time-share use," which is the right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, which right is neither coupled with a freehold interest, nor coupled with an estate for years with a future interest, in a time-share property.

"Time-share plan"

means any arrangement, plan, scheme, or similar device, whether by membership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of an accommodation or accommodations, whether through the granting of ownership rights, possessory rights or otherwise, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. "Timeshare plan" does not include arrangements whereby multiple parties join in directly purchasing full ownership of an accommodation and thereafter agree upon arrangements for their shared use.

"Time-share property"

means one or more accommodations subject to the same time-share instrument, together with any other property or rights to property appurtenant to those accommodations.

"Time-share use"

means the use of one or more accommodations or any part thereof, as a time-share property pursuant to a time-share plan.

Permitted zones. A time-share use shall be permitted only in a planned residential zone, a general commercial zone, or a planned commercial resort zone. Any time-share use shall be developed in conjunction with a resort hotel having 500 or more rooms and an 18-hole golf course of not less than 6,400 yards, and then only if and when a conditional use permit has been obtained from the Commission in accordance with Section 25.72.050 (Conditional Use Permit) of this code.

Application submittal requirements. In addition to standard application submittal requirements, an applicant for a conditional use permit approval involving a time-share use shall submit in the application at least the following information:

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.

Requirements. Notwithstanding any other provisions of this chapter, the following requirements must be met by any time-share use in any permitted zone:

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.

Minimum number of units. The minimum number of units in a time-share project shall be 50.

Development standards. Time-share uses shall be designed to conform to the standards for hotel developments in the event the time-share use is located in a planned commercial resort or general commercial zone. The time-share use must comply with all development standards of the zone in which it is located. With respect to time-share uses developed within a planned residential zone, the density of the time-share uses shall not exceed the density permitted in such zone for residential projects; with respect to time-share uses developed in a general commercial zone or a planned commercial resort zone, the density of the time-share uses shall not exceed the density permitted in such zone for general commercial or planned commercial projects. In determining the density of a time-share use, upon the request of an applicant, the Director shall have the authority to transfer the density permitted in other similarly zoned property owned by an applicant to the time-share use.

Violations, enforcement and civil penalties.

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.

(Ord. 1259 § 1, 2013; Ord. 1378 § 1, 2022)

§ 25.34.070 Hotels.

Purpose. The purpose of the special use regulations for hotels is to establish special site development and improvement standards.

Minimum room size. The minimum guest room/suite size for any hotel shall be 330 square feet. Hotel projects shall have an overall average guest room/suite size of at least 375 square feet.

Restaurant required. All hotels shall provide a multipurpose (three-meal) restaurant either within the building itself, attached or adjacent to the building, together with room service for hotel guests (a continental breakfast may constitute one of the three meals). When the restaurant is detached from the hotel, it may be constructed before or after the hotel is developed.

HVAC required. All hotel developments shall utilize central air conditioning systems or vertical fan coil systems, or other specifically approved systems. Window- or wall-installed air conditioning systems are prohibited.

(Ord. 1259 § 1, 2013; Ord. 1384 § 3, 2022)

§ 25.34.080 Temporary Uses.

Purpose. The purpose of this chapter is to permit and regulate uses which by their nature are for temporary periods and are not detrimental to the health, safety, and public welfare of the community.

Temporary use permit required. Temporary uses listed herein require approval of a temporary use permit by the Director.

Allowed temporary uses. The temporary uses listed below are permitted with approval of a temporary use permit in compliance with the provisions and limitations listed herein.

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.

Similar uses. When a temporary use is not specifically listed in this chapter, the Director shall determine whether the proposed temporary use is similar in nature to permitted uses herein, and, if approved, shall establish the term and make necessary findings and conditions for the particular proposed temporary use.

(Ord. 1259 § 1, 2013)

§ 25.34.090 Automotive Service Stations.

Purpose. The purpose of the special use regulations for automotive service stations is to establish special location and site development standards to ensure that there is not an overconcentration of stations in any single location and that the site is designed to minimize visual and circulation impacts to surrounding properties and roadways.

Location. All service station sites shall front on streets designated as state highways on the master plan of arterial highways unless the sites are part of or in conjunction with developments such as shopping centers. No station shall be located within 500 feet of any other service station.

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

Setbacks. All buildings shall be set back from interior property lines a minimum of 18 feet and exterior property lines a minimum of 30 feet except that pump islands may be located a minimum of 20 feet from all exterior property lines, and pump island canopies may project to within 5 feet of exterior property lines.

Access. Driveways shall be designed and located as to ensure a safe and efficient movement of traffic on and off the site to and from the lane of traffic nearest the curb.

Noise. Buzzers and amplified signaling bells are to be located within the service station proper and shall not generate noise beyond that of a normal residential telephone ring when the service station site abuts residentially zoned property or property used for residential purposes.

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

Lighting. All lighting fixtures shall be located in manner to shield direct rays from adjoining properties. Luminaries shall be of a low level, indirect diffused type and shall not exceed the height of the building.

Service bays. Service bay entrances shall not front upon a public street.

Wall. A 6-foot masonry wall shall be required along all interior property lines and a 3-foot-high wall along the street.

Figure 25.34-1: Automotive Service Stations

(Ord. 1259 § 1, 2013)

§ 25.34.100 Restaurants.

Outdoor seating. A restaurant shall be entitled to use tables within an outdoor patio for food service purposes without the provisions of additional parking spaces based upon a ratio of one outdoor table per five indoor tables up to a total of 3 outdoor tables or a maximum 12 seats. The addition of more than 12 seating capacity will be deemed an expansion of the use requiring a conditional use permit or amendment. The location of the outdoor tables shall meet all health, safety, and fire codes.

Take-out restaurant requirements.

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.

(Ord. 1259 § 1, 2013)

§ 25.34.110 Adult Entertainment Establishments.

Location. No adult entertainment establishment shall be established in the locations listed below. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures.

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:

Church, existing as of January 1, 1999, defined in this chapter as any facility used primarily for worship of any religion, or used for other religious purposes. Facilities may be funded and/or operated either by governmental public authorities or by private organizations.

Schools, defined in this chapter as institutions for teaching or caring for minor children (e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools). Facilities may be funded and/or operated either by governmental public authorities or by private organizations.

"Commercial cannabis business"

Public park or recreational facility which means public land which has been designated for park or recreational activities, including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas, or similar public land within the City that is under the control, operation, or management of the City's park and recreation authorities.

On any parcel that fronts on an arterial street.

Within 500 feet of any other adult entertainment establishment.

Exception. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with City requirements with respect to the location of service establishments.

Amortization of nonconforming uses. The other provisions of this title dealing with nonconforming uses shall not be applicable to adult entertainment establishments. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the terms of this chapter but otherwise legally exist on the effective date of the action that renders the use nonconforming.

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.

(Ord. 1259 § 1, 2013)

§ 25.34.120 Commercial Cannabis Business and Personal Cultivation.

Purpose and intent. It is the purpose and intent of this section to regulate the commercial cultivation, manufacturing, testing and research, distribution, delivery, retail sale and personal cultivation, of medicinal cannabis and non-medicinal adult-use cannabis within the City of Palm Desert. This section is prepared in accordance with the Compassionate Use Act of 1996 ("CUA"), the Medical Marijuana Program Act ("MMP"), and the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA") (collectively, "state law"), which give local jurisdictions the authority to establish land use regulations related to the personal and commercial uses of cannabis.

Nothing in this chapter shall be construed to: (1) permit persons to engage in conduct that endangers others or causes a public nuisance; (2) permit the use or cultivation of cannabis beyond the limits established in state law related to cannabis; or (3) permit any activity relating to the cultivation, processing, sale, or distribution of cannabis that is illegal under state law, generally.

Nothing in this chapter shall be construed to prohibit primary caregivers and qualified patients to lawfully act under state law.

Definitions. For the purpose of this chapter, the following definitions shall apply:

"Applicant"

means an owner that applies for a conditional use permit under this chapter.

"Cannabis"

means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the California Health and Safety Code.

"Cannabis products"

means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"City"

means the City of Palm Desert.

means any commercial operation associated, in whole or in part, with the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing and research, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products.

"Cultivation"

means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Daycare center"

means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers.

"Delivery"

means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.

"Distribution"

means the procurement, sale, and transport of cannabis and cannabis products between entities permitted or licensed by the City and/or State of California.

"Licensee"

means the holder of any state issued license related to Commercial Cannabis Businesses, including, but not limited to, licenses issued under Division 10 of the California Business and Professions Code.

"Manufacture"

means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

"Manufacturer"

means a permittee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

"Owner"

means any of the following: (1) a person with an aggregate ownership interest of 20 percent or more in the person applying for the permit, unless such interest is solely a security, lien, or encumbrance; (2) the chief executive officer of a nonprofit or other entity; (3) a member of the board of directors of a nonprofit; or (4) an individual who will be participating in the direction, control, or management of the person applying for the permit.

"Permittee"

means any person granted a conditional use permit under this chapter.

"Person"

means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

"Private residence"

means a house, an apartment unit, mobile home, or other similar dwelling unit.

"Retail cannabis business" or "retailer"

means a business that sells and/or delivers cannabis or cannabis products to customers.

"Sell," sale," and "to sell"

include any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a permittee or licensee to the permittee or licensee from whom such cannabis or cannabis product was purchased.

"State license"

means a state license issued under Division 10 of the California Business and Professions Code.

"Testing or research laboratory"

means a laboratory, facility, or entity in the City that offers or performs tests or research of cannabis or cannabis products and meets the licensing requirements found in MAUCRSA.

"Youth center"

means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

Conditional use permit required.

The City may authorize a total of 6 conditional use permits for retail cannabis businesses to operate in the City of Palm Desert. No more than 1 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.

Permitted locations and standards.

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 Permits 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.

Retailers are conditionally permitted in the Planned Commercial ("PC") -1 District, PC-2 District, PC-3 District, PC-4 District, and Downtown (D) District. No more than 6 conditional use permits will be issued for retail cannabis businesses. No more than 3 retail cannabis businesses may locate on any single street, and no more than 1 retail cannabis business may locate on El Paseo, which must be located east of Larkspur Lane.

Testing or research laboratories are conditionally permitted in the Office Professional (OP) district and Service Industrial (SI) district.

Commercial cultivation businesses are conditionally permitted in the SI district.

Delivery-only businesses are conditionally permitted in the SI district.

Distribution businesses are conditionally permitted in the SI district.

Manufacture businesses are conditionally permitted in the SI district.

Commercial cannabis businesses shall conform to the following separation requirements:

No conditional use permit shall be issued to a cannabis retailer that is located within 1,500 feet of another approved commercial cannabis business. No more than 3 cannabis retailers will be permitted to operate on a single street.

A commercial cannabis business whose main business function is cannabis cultivation, distribution, manufacturing, transportation, or delivery, and whose location is limited to the City's Service Industrial zoning district only, shall be separated by 1,500 feet from another approved commercial cannabis business.

A commercial cannabis business whose main business function is to operate as a testing or research laboratory is not subject to a separation requirement from another approved commercial cannabis business and is exempt from the 1,500 foot separation requirement listed in subsection (D)(2)(a) and (b).

No conditional use permit will be issued for commercial cannabis business located within 1,000 feet of a school providing instruction in kindergarten or any grades 1 through 12, daycare center, or youth center that is in existence at the time the license is issued.

With the exception of commercial cannabis businesses whose business is located within a mixed-use building or whose primary business function is as a testing or research laboratory, no conditional use permits shall be issued for commercial and industrial properties abutting public parks or private residence.

All separation requirements will be measured from the outer extents of the commercial cannabis businesses lease space to the outer extents of another commercial cannabis businesses lease space, or to the property line of a school, daycare center and youth center.

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:

Exterior façade. Renderings of the business façade shall be provided and reviewed as part of the conditional use permit. Building façade plans shall include renderings of the exterior building elevations for all sides of the building. All building façades shall be tastefully done and in keeping with the high architectural quality and standards of the City of Palm Desert. Because state law limits certain advertising, the business façade and building signs shall be compatible and complimentary to surrounding businesses and shall add visual quality to the area.

Energy and water assessments. Commercial cannabis businesses shall supply energy and water assessments for review as part of the conditional use permit process. These assessments shall estimate the total amount of annual electrical and water use required to operate the commercial cannabis business. Review of the assessment may require the applicant to supplement electrical and water use at the site to minimize adverse environmental impacts.

Grounds for permit denial, suspension, and revocation. Any conditional use permit issued pursuant to the provisions of this section may be denied, suspended, or revoked by the Planning Commission upon receiving satisfactory evidence that the applicant or permittee or owner, its agent(s), employee(s), or any person connected or associated with the applicant or permittee:

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.

Personal cultivation. City residents are permitted to cultivate cannabis on private residential property for personal use and in accordance with MAUCRSA, subject to the following standards:

Outdoor cultivation.

Cultivation for personal use is only permitted on private residential property developed with at least 1 residential dwelling unit. No more than 6 plants are permitted to be cultivated at a private residence. Property owners retain the ability to prohibit renters from cultivation and any renter choosing to cultivate shall first obtain written authorization from the property owner to cultivate on site.

Outdoor cultivation is limited to rear and side yard areas and only if screened by a solid block wall no less than 6 feet in height.

Outdoor cultivation shall not be visible from surrounding public streets or adjoining properties. As such, cannabis plants may not grow above the height of the property line walls unless screened by another approved screening method.

Outdoor cultivation within 600 feet of a school, daycare center, or youth center is prohibited.

Indoor cultivation.

Indoor cultivation must have adequate ventilation. Structural, ventilation, electrical, gas, or plumbing changes to accommodate indoor cultivation are required to obtain a building permit from the City's Building and Safety Department.

The use of volatile solvents, as defined in Section 11362.3d of the California Business and Professions Code, including, but not limited to, butane, propane, xylene, gasoline, kerosene, and other dangerous and poisonous toxins or carcinogens, are prohibited for indoor cultivation at a private residence.

Application fee and reimbursement agreement. At the time an applicant submits an application under this section, the applicant shall also supply an application fee in an amount to be determined by resolution by the City Council, an executed reimbursement agreement on a form provided by the City to fully reimburse the City for all costs, expenses, and fees, including, but not limited to, attorney fees and consultant fees, incurred by the City related to the commercial cannabis business, and a deposit in an amount as provided for in the reimbursement agreement terms.

Prohibited operations. Any commercial cannabis business that does not have: (1) an approved conditional use permit; (2) a regulatory permit required under this code; and (3) a state license is expressly prohibited in all City zones and is hereby declared a public nuisance that may be abated by the City and is subject to all available legal remedies, including, but not limited to, civil injunctions.

Violations and penalties.

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.

(Ord. 1259 § 1, 2013; Ord. 1301 § 2, 2016; Ord. 1329 § 2, 2017)

§ 25.34.130 Communication Tower and Antenna Regulations.

Purpose and intent. The regulations and requirements set forth herein are adopted for the following purposes:

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.

Applicability.

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.

Location.

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:

C-1 General Commercial.

PC Planned Commercial.

PR Planned Residential—When commercial uses are in the zone.

SI Service Industrial.

P Public/Institutional.

OS Open Space.

vii.

PI Planned Industrial.

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

When located on buildings, commercial communication towers and commercial communication antennas shall be architecturally integrated into building design so as to be as unobtrusive as possible in context with the adjacent environment and architecturally compatible with existing structures in terms of design, color, and materials as determined by the ARC.

Shall not exceed 50 percent of the building height.

Permit requirements and exemptions. Except as otherwise outlined below, a conditional use permit as established by Section 25.72.050 (Conditional Use Permit) is required for all wireless communication facilities.

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.

Findings. New freestanding commercial communication towers/commercial communication antennas shall not be allowed unless the applicant substantiates to the satisfaction of the Commission:

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.

Standards. The following performance and construction standards apply to commercial communication towers and commercial communication antennas.

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:

Table 25.34-1: Required Separation Distance for Communication Towers
Separation Towers—Types	Distance
Monopole greater than 50 feet in height	1,000 feet
Monopole 50 feet or less in height	500 feet
Guyed tower at any height	1,000 feet

Figure 25.34-2: Separation Distance Between Commercial Communication Towers

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.

Figure 25.34-3 Height Requirements for Communication Towers and Antennas

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:

Compatibility with adjacent properties.

Architectural consistency with adjacent properties.

Visual impact on adjacent properties, including visual access of adjacent properties to sunlight.

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.

Collocation.

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.

Noninterference. No commercial communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety system and/or public safety entities.

Exceptions. Any request to deviate from any of the requirements of this section shall require approval of an exception as outlined herein.

Documentation. Documentation to demonstrate conformance with the requirements of this section shall be submitted by the applicant with all requests to construct, locate, or modify a commercial communication tower/antenna.

Signs and advertising. The use of any portion of a commercial communication tower for signs or advertising purposes, including, without limitation, company name, banners, or streamers, is prohibited.

Abandonment. In the event the use of any commercial communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to: (1) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or (2) dismantle and remove the tower. At the earlier of 181 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any variance approval for the tower shall automatically expire.

Exception process—Applicability. The Commission may approve exceptions relative to:

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.

Exception process—Findings. The Commission shall make the following findings to approve exceptions.

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.

Stealth installation. Stealth installation of commercial communication towers and antennas are those determined by the ARC and the Commission to be designed to blend in with their existing natural environment (e.g., monopoles designed as artificial palm trees), creating a cluster effect through the use of a mix of artificial and natural vegetation. In addition to the aforementioned sections, stealth installations shall be subject to the following development standards:

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.

The Commission may waive the separation requirements from residential zoned properties and residential uses if it is determined that the tower or antenna utilizes an approved stealth design (e.g., artificial palm tree).

The Commission may waive the separation requirements between commercial communication towers if determined that the tower or antenna utilizes an approved stealth design (e.g., artificial palm tree).

(Ord. 1259 § 1, 2013)

§ 25.34.140 Exceptions Based on Unconstitutional Takings.

Purpose. The purpose of this chapter is to ensure that the application of the standards contained in Title 25 Zoning, including the environmental review and mitigation process required by the California Environmental Quality Act as implemented by Section 25.60.040 (Environmental Analysis), to parcels within the City does not create a taking of private property prohibited by federal or state constitutions.

Application and hearing.

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:

Basis for Application. Date of acquisition of the property; purchase price of the property; and an explanation of how the exception is necessary to provide the property with an economically viable use.

Economic Data. Current market value of the property; dates and amounts of invested capital following acquisition of the property; description and amount of each assessment imposed upon the property for public improvements; existing activities for the property; planned activities for the property, including the timing for development; market value claimed if the exception is denied; portion of the property retaining economic use if the exception is not granted; and reduced profits if the exception is not granted, including the assumptions underlying the estimates.

Additional Information. Such additional information as the City may request in order to take action on the request. The applicant shall cooperate with City requests for financial information regarding the property. Confidential business information provided by an applicant to the City shall remain confidential consistent with the requirements of the Public Records Act (Government Code Section 6250 et seq.).

Consultants and Experts. The name, address, and occupation of each consultant and expert providing information or in any way assisting in the preparation of the application.

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

Present use of the property and duration of that use, including each General Plan designation and zoning classification applied to the property, and each use to which the property was put.

Fair market value of the property before the restriction that is the subject of the exception application imposed.

Alternative uses that are available for the property.

The fair market value of the property if the exception is denied.

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.

(Ord. 1259 § 1, 2013)

§ 25.34.150 Conversion of Abandoned Public Utility Well Sites.

Abandoned public utility well sites may be approved for conversion to a private water export irrigation well site subject to approval of a conditional use permit. Use of private water export irrigation well sites shall not result in an increase in ambient noise levels measured prior to the conversion. Any new physical site improvements shall comply with the applicable zone standards and the architectural review process.

(Ord. 1259 § 1, 2013)

§ 25.34.160 Massage Establishments.

No independent stand-alone massage establishment shall operate in any zone other than the C-1 (excluding the El Paseo Overlay District), PC-2, and PC-3 zones.

No accessory massage establishment shall operate in any zone other than the C-1, O.P., PC-2, PC-3, and PC-4 zones.

No independent stand-alone massage establishment shall operate within 1,000 feet of any other stand-alone massage establishment. The measure of reference distance in this subsection shall be a straight line from the nearest property line containing the independent stand-alone massage establishment to the nearest property line of another independent stand-alone massage establishment. All existing independent stand-alone massage establishments will be allowed to continue business until such business ceases to operate for more than 30 days.

(Ord. 1277 § 6, 2014)

§ 25.34.170 Beekeeping.

Purpose and intent.

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.

Applicability. Beekeeping is allowed in all residential zoning districts, subject to compliance with the standards of this section and other relevant requirements of this title.

General requirements.

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.

Hive placement requirements.

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).

Hive management requirements.

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.

Figure 25.34-1 Hive Standards

Nuisance. Bees or hives shall be considered a public nuisance when any of the following occurs:

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.

Penalties for violations.

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.

(Ord. 1304 § 1, 2016)

§ 25.34.180 Two-unit projects.

Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code Section 65852.21.

Definition. A "two-unit project" means the development of 2 primary dwelling units or if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot (Government Code Section 66499.34) in accordance with the requirements of this section.

Application.

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.

Approval.

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.

Requirements. A two-unit project must satisfy each of the following requirements:

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.

The lot is not located on a site that is any of the following:

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

A wetland.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

A hazardous waste site that has not been cleared for residential use.

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

Within a 100-year flood hazard area, unless the site has either:

Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

vii.

Within a regulatory floodway unless all development on the site has received a no-rise certification.

viii.

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

ix.

Habitat for protected species.

Land under conservation easement.

The purpose of subpart is merely to summarize the requirements of Government Code Sections 65913.4(a)(6)(B)–(K). (See Government Code Section 66411.7(a)(3)(C)).

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:

Housing that is income-restricted for households of moderate, low, or very low income.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.

Housing that has been occupied by a tenant in the last 3 years.

The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

Unit Standards.

Quantity.

No more than 2 dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.

A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the City's ADU ordinance.

Unit Size.

The total floor area of each primary dwelling built that is developed under this section must be

Less than or equal to 800 and

More than 500 square feet.

A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.

A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.

Height Restrictions.

On a resulting lot, no new primary dwelling unit shall be limited to a single story (16 feet maximum height), measured from grade to peak of the structure.

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last 3 years.

Lot Coverage. The lot coverage of the subject property's zoning district or specific plan designation shall apply to the existing and newly created parcel, the application of this lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

Setbacks.

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

Exceptions. Notwithstanding subsection 25.34.180(E)(6)(i) above:

Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

800 Square Feet; Four-Foot Side and Rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area, but in no event may any structure be less than four feet from a side or rear property line.

Front Setback Area (Street Facing). Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must have the front setback street as required by the underlying zone. The front setback area must:

Be kept free from all structures greater than three feet high.

Be at least 50% landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect.

(C)

Allow for vehicular and fire-safety access to the front structure.

Corner Lot Setback. Notwithstanding any other part of this code building placements shall comply with PDMC Section 25.40.100 (Traffic sight obstruction)

Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless 1 of the following applies:

The lot is located within .5 mile walking distance of either:

A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or

A site that contains:

(1)

An existing rail or bus rapid transit station,

(2)

A ferry terminal served by either a bus or rail transit service, or the intersection of 2 or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

The site is located within one block of a car-share vehicle location.

Driveway placement for vehicular access shall be adequately separated from any existing or proposed street intersection.

All driveway placements shall be located at primary street frontage.

Architecture.

If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

If there is no legal primary dwelling on the lot before the urban lot split, and if 2 primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

All exterior lighting must be limited to down-lights and shall comply with Chapter 24.16 (Outdoor Lighting).

No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least 6 feet above the finished floor or (for windows and for doors) utilize frosted or obscure glass.

All rooftop equipment shall comply with regulations of PDMC Section 25.40.90(C).

Landscaping. Landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:

At least one 15-gallon size plant shall be provided for every 5 linear feet of the exterior wall. Alternatively, at least one 24″ box size plant shall be provided for every 10 linear feet of the exterior wall.

Plant specimens must be at least 6 feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.

All landscaping must be drought tolerant.

All landscaping must be from the Coachella Valley Water District (CVWD) approved plan list.

All ground-mounted utilities shall comply with screening regulations of PDMC Section 25.40.090.

Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

Utilities.

Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

Each primary dwelling unit on the lot that is or that is proposed to be connected to an on site wastewater treatment system must first have a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.

Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City's current code.

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:

It must have direct access to a public right-of-way with a paved street with a width as required by the Fire Marshal. The public right-of-way must have at least 2 independent points of access for fire and life safety to access and for residents to evacuate.

All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

All enclosed structures on the site must have fire sprinklers.

All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an on-site fire hydrant or standpipe.

If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

Separate Conveyance.

Primary dwelling units on the lot may not be owned or conveyed separately from each other.

Condominium airspace divisions and common interest developments are not permitted within the lot.

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

Regulation of Uses.

Residential-only. No non-residential use is permitted on the lot.

No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.

Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a 2-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

Notice of Construction.

At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

Notice that construction has been authorized,

The anticipated start and end dates for construction,

The hours of construction,