Chapter 21.12 — ESTABLISHMENT OF LAND USE CATEGORIES, PLANNING AREAS AND OVERLAY ZONES

The zoning in the City utilizes three (3) different components: land use categories (also referred to as designations), planning areas, and overlay zones. Each of the components serves a distinct function. These functions are discussed below:

• (a) Land Use Categories. The first component of the zoning is the land use category. Land use categories are used to provide precise development standards and use regulations. This component establishes basic land use categories, each of which has a set of standards and regulations.

The land use categories apply to specific parcels of land. Development of land within each category must meet all the requirements relating to that category, except as modified by the standards and regulations pertaining to the planning area in which the land is located. The zoning map of the City depicts the application of the land use categories.

• (b) Planning Areas. The second component of the zoning is the planning area. This component establishes planning areas consistent with established private communities (e.g. Vintage Country Club and Desert Horizons), master planned resort developments (e.g. Sunrise), and contiguous neighborhoods with common planning and use issues.

The planning areas are comprised of contiguous properties having significant and definable interrelated planning and land use issues which require uniform resolution in order to insure basic fairness in application and administrative economy.

Each planning area is subject to the land use requirements and development standards otherwise applicable under this Title, except as specifically modified by regulations pertaining to the particular planning area. In the event of any conflict between the standards and regulations pertaining to a particular planning area and those otherwise applicable under this Title, the former shall govern.

Planning areas and the development standards specially pertaining to each are set forth in Chapter 21.14 . The boundaries of the planning areas are identified in Chapter 21.14 .

• (c) Overlay Zones. The third component of the zoning is the overlay zone. This component establishes special regulations which are applied to defined areas of specific concern, regardless of the underlying land use category. These regulations take precedence over the other regulations of this Title, except as otherwise indicated by the specific regulations pertaining to a planning area.

• (Ord. 387 § 1, 1996)

The following chart shows a listing of the land use categories established by this division. The land use categories established by this division are defined and labeled in the chart. The label is used for identification and reference.

(Ord. 387 § 1, 1996; Ord. 525 § 2, 2002; Ord. 584 § 2, 2006; Ord. 606 § 1, 2007; Ord. 753, 6/20/2024)

This Section includes a matrix which lists the uses and indicates whether or not each use is permitted (P) or conditional (C) in each land use category. Prohibited uses are represented by an (X). Conditional uses listed in this section must be applied for in accordance with Section 21.06.040 , Conditional Use Permits. In the event any of the prohibitions of uses set forth is held invalid or inapplicable for any reason whatsoever, then such use shall be categorized by the Community Development Director and declared subject to a Conditional Use Permit. See Land Use Matrix Table on the following pages.

(click here to view the full table)

(Ord. 387 § 1, 1996; Ord. 399 § 2, 1997; Ord. 403 § 4, 1997; Ord. 448 § 3, 1999; Ord. 483 § 2, 2001; Ord. 537 § 1, 2003; Ord. 525 § 3, 2002; Ord. 584 § 2, 2006; Ord. 605 § 1, 2007; Ord. 606 § 1, 2007;

Ord. 626 § 1, 2009; Ord. 650 § 2, 2011; Ord. 665 § 1, 2013; Ord. 702 § 1, 2017; Ord. 734 § 3, 2021; Ord. 753, 6/20/2024)

The following overlay zones have been established by the City:

• (a) Golf Course. This overlay zone shall apply to all public and private golf courses within the City to insure that they are operated and maintained for their intended purpose, the playing of golf.

Within this zone, uses not directly related to the operation and maintenance of the subject golf course shall be prohibited. Areas so designated may be included within the gross acreage of a development for purposes of calculating the communities' density. However, this shall preclude the inclusion of lands having this designation as a part of an adjoining private property so that areas so designated shall not be included within the gross acreage of a single, separate ownership lot for purposes of calculating the size of that lot for zoning and/or building purposes.

• (b) Affordable Housing. This overlay zone shall apply to residential properties only and shall indicate the City Council's intent to utilize the developer incentives programs for the development of affordable housing projects as set forth in Government Code Section 65915 .

The City Council intends to negotiate development incentives with developers proposing affordable housing projects that contribute to meeting the City's affordable housing responsibility. The overlay zone shall be applied to specific sites, in accordance with Section 21.06.020 , Zone Change.

The City Council will review with the prospective developer(s) the following matters as incentives:

• (1) Fast track processing of development plans;

• (2) Waiver of City fees;

• (3) Land purchase subsidization; (4) Land acquisition and assembly; (5) Subsidizing of development costs;

• (6) Construction loan and/or permanent loan subsidization, directly or indirectly;

• (7) Purchase mortgage assistance;

• (8) Renter assistance;

• (9) Direct City ownership and/or management;

• (10) Relaxation of City standards, including density increases of up to twenty (20) units per acre in the low and medium density residential zones;

• (11) Combinations of the above; and

• (12) Additional valid proposals submitted.

• (c) Senior Housing. This overlay zone shall apply to residential properties only and shall indicate the City Council's intent to utilize the developer incentives programs, negotiated on an individual basis with prospective developers, to provide for senior citizen housing in the City. The overlay zone shall be applied to specific sites, in accordance with Section 21.06.020 , Zone Change.

The City Council will review with the prospective developer(s) the following matters as incentives:

• (1) Fast track processing of development plans;

• (2) Waiver of City fees;

  • (3) Land purchase subsidization;

  • (4) Land acquisition and assembly;

  • (5) Subsidizing of development costs;

  • (6) Construction loan and/or permanent loan subsidization, directly or indirectly;

  • (7) Purchase mortgage assistance;

  • (8) Renter assistance;

• (9) Direct City ownership and/or management; (10) Relaxation of City standards, including density increases; (11) Combinations of the above; and (12) Additional valid proposals submitted.

• (d) Special Study Area. This overlay zone shall apply to properties that offer the City unique planning and/or economic opportunities. The overlay zone shall be applied to properties in accordance with Section 21.06.020 , Zone Change. The overlay zone establishes the City Council's intent to review alternative land use proposals that differ from those permitted by the base zone.

• (Ord. 387 § 1, 1996; Ord. 606 § 1, 2007; Ord. 674 § 2, 2013)

That certain map entitled "Official Zoning Map of the City of Indian Wells, California," the original of which map is on file with the City Clerk, is adopted as the official zoning map of the City and by this reference made a part of this Title. The zones and boundaries of the zones as set forth on the map, are established and adopted as shown in the map.

(Ord. 387 § 1, 1996)

In the event a dispute arises or ambiguity appears as to the exact location of the boundary line of any district, the following rules shall be applied in determining the exact location of such lines:

• (a) Where the boundary line as shown on the map is on, or approximately on, or in close proximity to, the boundary of private property, or the same abuts any public street, then such line shall be deemed to be such boundary of such property line as the same now exists.

• (b) Where the boundary line traverses through private property and is located on or approximately on, or in close proximity and parallel to, boundary lines dividing property in different ownerships, or separating separate parcels according to any duly recorded subdivision map, then such lines shall be deemed to be located on such boundary lines separating separate ownerships or on the boundary lines of separate parcels according to such subdivision map.

• (c) Where a Golf Course Overlay Zone boundary line shown on a map is on, or approximately on, or in close proximity to, a property line, then such line shall be deemed to be the boundary of the said zone.

Golf course boundary interpretations shall be made by the Community Development Director. Such interpretation may be appealed to the City Council by any aggrieved party. (Ord. 387 § 1, 1996)

• (a) Transitional housing and supportive housing are considered a residential use of property and are subject to those restrictions that apply to other residential dwellings of the same type in the same zone, in accordance with Government Code Section 65583 , subdivision (c)(3).

• (b) Supportive housing is a use by right in all zones where multifamily and mixed uses are permitted, in accordance with Government Code Title 7, Division 1, Chapter 3, Article 11 (commencing with Section 65650 ).

• (Ord. 734 § 3, 2021)