Chapter 25.78 — DECISIONS BY THE CITY COUNCIL

The purpose of this chapter is to establish permits and entitlements that are decided by the City Council (Council). Each permit and entitlement type is described in this chapter in terms of purpose and applicability, unique review process, findings for approval, and conditions. General processing procedures are established in Chapter 25.60 (Procedures). (Ord. 1259 § 1, 2013)

• A. Purpose and applicability. The purpose of a hillside development plan is to provide for the review of projects within the hillside planned residential district to ensure that the design of projects is consistent with the hillside conditions on each development site. Within the hillside planned residential district, no building permit shall be issued for any new building or structure unless a hillside development plan covering the area has been approved.

• B. Hillside development plans. In addition to application forms and materials required by the Director, the following additional application information is required within the hillside planned residential district.

• C. Procedure for hillside development plan application.

  1. Application. The owner, authorized agent, or the purchaser with the consent of the owner may submit an application for development plan approval to the Department.

  2. Notice. All development of parcels within the Hillside Planned Residential Zoning District that do not meet the exception's requirement as described in Section 25.10.050 shall require notice of a public hearing not less than 10 days or more than 30 days prior to the date of the hearing by publication in the newspaper of general circulation in the City and mailing notices via United States Postal Service to parties whose name appear on the latest adopted tax rolls of Riverside County as owning property within 4,000 feet of the exterior boundaries of the property that is the subject of the hearing, and by notification to all homeowners associations within the City south of Highway 111.

  3. The Commission shall hold a public hearing and make a recommendation to Council to approve the development plan if it finds the criteria set forth in this chapter have been satisfied subject to such conditions as it deems necessary. The Commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Commission to deny the development plan shall be final unless appealed to the Council.

• D. Public hearing and appeal. Public hearing and appeal procedure shall be governed by Chapter 25.60 (Procedures).

• (Ord. 1259 § 1, 2013; Ord. 1279 § 20, 2015; Ord. 1425, 2/13/2025)

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City of Palm Desert, CA

PALM DESERT CODE

§ 25.78.030

§ 25.78.040

• A. Purpose. The text of this title may be amended by changing the district regulations or any other provision of this title in accord with the procedure described in this section.

• B. Initiation. The Council may initiate proceedings by motion and then submit the matter to the Commission for public hearings.

• C. Action by the Council. The Council shall hold at least one public hearing on the proposal within 40 days after receipt of the report of the Commission. The hearing shall be set and notice given as prescribed in Section 25.60.060 (Public Hearing and Public Notice).

• D. New proposal following denial. Following the denial for an amendment to the zoning ordinance text, a request for the same or substantially the same change shall not be filed within one year of the date of denial.

• (Ord. 1259 § 1, 2013)

• A. Procedure. The zoning map may be amended by changing the boundaries of any district in accord with the procedures described in this chapter.

• B. Initiation. A change in the boundaries of any district may be initiated by the owner, or the authorized agent of the owner of the property, by filing an application for a change in district boundaries. If the property for which a change of district is proposed with more than 1 owner, all the owners or their authorized agents shall be part of the application. A change in the boundaries of any district may additionally be initiated by resolution of the Commission or the Council.

• C. Application—Submittal requirements. A property owner desiring to propose a change in the boundaries of the district in which their property is located, or authorized agent, may file with the Department an application for a change in district boundaries on a form prescribed by the Commission and shall include the following information:

  1. Name and address of the applicant.

  2. Statement that the applicant is the plaintiff in an action of eminent domain to acquire the property or the owner or the authorized agent of the owner of the property for which the change in district boundaries is proposed.

  3. Address and legal description of the property.

  4. An accurate scaled drawing of the site and the surrounding area showing existing streets and property lines for a distance determined by the Director to be necessary to illustrate the relationship to any impact on the surrounding area.

  5. A list of all owners of properties located within 300 feet of the exterior boundaries of the subject property, taken from the latest adopted tax roll of Riverside County; the list shall be keyed to a map showing the location of these properties.

• D. Action by the Council.

  1. The Council shall hold at least 1 public hearing on an application within 40 days after the receipt of the resolution or report by the Commission, provided that no hearing shall be held on an application which has been denied by the Commission unless an

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City of Palm Desert, CA

ZONING

§ 25.78.040

§ 25.78.060

appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.60.060 (Public Hearing and Public Notice).

2. If the Council finds that the change is not consistent, it shall deny the application pursuant to a resolution of denial.

• E. New application following denial. Following the denial of an application for a change in district boundaries, an application or request for the same or substantially the same change shall not be filed within 1 year of the date of denial.

• F. Change of zoning map. A change in district boundaries shall be indicated by listing on the zoning map the number of the ordinance amending the map.

• (Ord. 1259 § 1, 2013; Ord. 1393 § 31, 2023)

• A. District designation. Territory annexed to the City shall, upon the date that the annexation becomes effective, become a part of the study district, unless the Council determines otherwise by ordinance. The districting shall be temporary and the Commission shall recommend to the Council within a period of not to exceed one year a final zoning plan for the annexed territory.

• B. Prezoning unincorporated territory. Unincorporated territory may be prezoned by the City for the purpose of determining the zoning that will apply to such territory in the event of subsequent annexation to the City.

• C. Procedure. Consideration of the zoning classification, conditional use, or variances to be applicable to the property to be annexed shall be in accordance with the procedure provided in the case of property already in the City.

• D. Property classification. The prezoning designation as approved shall be shown on the zoning map with a UA ("unannexed") prefix attached to the designation to indicate upon annexation—for example, PR-10 (UA). Once the annexation is completed, the UA additive shall be removed.

• E. Annexation schedule. Any prezoned classification may be subject to a specific timetable for annexation of all or part of the property to the City. The City reserves the right to review annually whether the prezoned property is being annexed to the City in conformity with the timetable and the Council may, and expressly reserves the right and power, to revoke the prezoned classification solely upon the ground that annexation has not taken place according to the timetable.

• F. Notification of the board of supervisors. In addition to any other public notice required, the City shall, as a part of any rezoning request, notify the board of supervisors of the county of the proposed application of the prezoning process.

• (Ord. 1259 § 1, 2013)

• A. Purpose. The purpose of this chapter is to provide the City with greater control and flexibility in the evaluation of projects by tailoring development standards to the unique features of a particular site and linking them with specific development proposals and

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City of Palm Desert, CA § 25.78.060

PALM DESERT CODE

§ 25.78.060

performance criteria.

• B. Eligibility. Persons or organizations entering into development agreement with the City must have a legal or equity interest property.

• C. Contents. A development agreement, at a minimum, shall specify or contain the following:

  1. Duration of agreement.

  2. Maximum height and size of building.

  3. Permitted uses.

  4. A general site plan showing arrangement of uses, circulation, and required dedication.

  5. A timetable for the completion of various project phases or other features of the agreement.

  6. Other conditions, terms, restrictions, and requirements for subsequent discretionary actions.

• D. Public hearing and notice. A public hearing on an application for a development agreement shall be held by the Commission and Council. Notice of intention to consider adoption of a development agreement shall be given as provided in Section 25.60.060 (Public Hearing and Public Notice).

• E. Form and consistency. A development agreement shall be approved by ordinance and shall be consistent with general and specific plans.

• F. Rules, regulations, and official policies. Unless otherwise provided by the development agreement, rules, regulations and official policies governing uses of the land, density, design, improvement and construction standards and specifications, applicable to development of the property subject to the agreement, shall be those rules, regulations, and official policies in force at the time of the execution of the agreement. A development agreement shall not prevent the City from subsequent actions applicable to the property from applying new rules which do not conflict with those contained within the agreement, nor shall a development agreement prevent the City from denying or conditionally approving any subsequent development application on the basis of such existing or new rules, regulations, and policies.

• G. Periodic review. The Director, or designee, shall review a development agreement every year, at which time the applicant or their successor shall be required to demonstrate good faith compliance with the terms of the agreement. If as a result of this review, the Director finds and determines, on the basis of substantial evidence, that the applicant has not complied in good faith with terms or conditions of the agreement, it shall recommend to the Council that the agreement be modified or terminated. If the Council concurs with the Director recommendation, the agreement shall be modified or terminated. Proceedings before the Council shall be a noticed public hearing per Section 25.60.060 (Public Hearing and Public Notice).

• H. Amendment or cancellation. A development agreement may be amended or canceled in whole or in part by mutual consent of the parties to the agreement or their successors.

• I. Recording of agreement. No later than 10 days after the City enters into a development

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City of Palm Desert, CA

ZONING

§ 25.78.060

§ 25.78.070

agreement, the City Clerk shall record with the County Recorder a copy of the agreement, which shall describe the land subject thereto. From and after the time of such recordation, the agreement shall impart such notice thereof to all persons as is afforded by the recording laws of this state. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

• J. Modification or suspension to comply with state or federal laws or regulations. In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.

• K. Reversion of zoning in the event of noncompliance with terms and conditions. In the event the terms and conditions are not met by the developer, the zoning shall revert to the zoning which existed prior to the development.

• (Ord. 1259 § 1, 2013; Ord. 1393 § 32, 2023)

• A. Purpose. The purpose of a General Plan amendment is to allow for modifications to the General Plan text (e.g., goals, policies, or implementation programs) or to change the General Plan land use designation on any parcel(s). This section is intended to guide updates to the General Plan according to applicable state governmental code provisions.

• B. Council action.

  1. The designated approving authority for General Plan amendments is the Council, which shall hold a public hearing prior to taking action.

  2. Public hearing and corresponding notice shall be consistent with provisions of Section 25.60.060 (Public Hearing and Public Notice).

  3. The Council approves by resolution or denies the General Plan amendment in accordance with the requirements of this title.

• C. Frequency of amendment. Pursuant to California Government Code Section 65358, no mandatory element of the General Plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan.

• D. Initiation of amendment. A General Plan amendment may be initiated by the Commission or the Council, by application of property owner(s) of parcel(s) to be affected by the General Plan amendment, or by recommendation of the Director to clarify text, address changes mandated by state law, maintain internal General Plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the City.

• E. Findings. The Council may approve a General Plan amendment upon finding that the amendment is in the public interest and that the General Plan as amended will remain internally consistent. In the event that a General Plan amendment is requested by a private property owner, the applicant shall demonstrate to the Council that there is a substantial public benefit to be derived from such amendment and how the proposed amendment

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City of Palm Desert, CA

PALM DESERT CODE

§ 25.78.070

§ 25.78.080

furthers the goals of the General Plan. (Ord. 1259 § 1, 2013)

• A. Purpose. The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et seq.). When required by subsection C of this section, the General Plan, or this title to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, either by resolution or ordinance, and in compliance with this chapter. Specific plans may be required for the development of properties as identified in the City's Zoning Ordinance.

• B. Applicable State law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et seq. Specific plans shall be considered by the Planning Commission with a recommendation to the City Council. The Council may act either by resolution or ordinance and may amend the specific plan as often as deemed necessary by the Council.

• C. Specific plan required. Specific plans shall be required for development in certain districts, as referenced in the Zoning Ordinance, including, but not limited to, the City's Planned Community Development (PCD) Overlay district and the Freeway Commercial Overlay (FCOZ) district.

• D. Initiation. A specific plan or specific plan amendments may be initiated by the following:

  1. The Council;

  2. The property owner or property owner's agent;

  3. The Commission; or

  4. The Director.

• E. Required findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment:

  1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan.

  2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare.

  3. Land Use Compatibility. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties.

  4. Property Suitability. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property.

  5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act.

(Ord. 1303 § 3, 2016)

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City of Palm Desert, CA