§ 92.04

The R-3 Zone is intended to provide for the development of high density apartments, hotels and similar permanent and resort housing and certain limited commercial uses directly related to the housing facilities.

(Ord. 1294, 1988)

• A. Uses Permitted.

Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses. All uses shall be subject to the standards in Section 92.04.03.

1. Multiple-family dwelling, and hotel facilities (provided that no more than 10% of the guest rooms contain kitchen facilities);

2. Resort hotels (provided that no more than 10% of the guest rooms contain kitchen facilities), including incidental or accessory commercial uses operated primarily for the convenience of the hotel guests, in conformance with the following standards:

   • a. Such total commercial uses shall occupy not more than 20% of the gross floor area of the hotel buildings,

   • b. That any restaurant or other commercial uses be designed as an integral part of the hotel and be located within the hotel building;

   3. Accessory structures and uses customarily incident to the above uses and located on the same lot therewith;

   4. Public parking areas not as an accessory to uses permitted in this zone, pursuant to Section 93.06.00, and as follows:

      • a. The property proposed for off-street parking use shall abut a commercial zone or on an alley which is the boundary with such zone, and extends not more than 150 feet from the boundary;

   5. Marquees (Deleted by Ord. 1553);

   6. Home occupations subject to the provisions of Chapter 5.22 of the Palm Springs Municipal Code;

   7. Private clubs as an accessory to a hotel; provided, at least 50% of the total gross floor area of such private club be developed as guest rooms.

• B. Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, and not more obnoxious or detrimental to the public health, safety and welfare or to other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.04.03.

• C. Uses Permitted by Land Use Permit.

  1. Automobile rental agencies in conjunction with resort hotels. The following standards shall apply:

     • a. That the standards as called out in Section 92.04.01(A)(2) be complied with,

     • b. That the number of vehicles stored at the location be limited to the number necessary to serve the hotel only,

     • c. That there be no service or repair facilities for the vehicles at the hotel site,

     • d. That said use only be permitted if the hotel contains an adequate number of parking spaces in accordance with the provisions of the zoning ordinance,

     • e. That the service be conducted by the hotel owner only, as a part of the hotel operation,

     • f. That there be no advertising which would infer that vehicles may be leased or rented by those other than guests of the subject hotel;

  2. Bicycle rental (indoor) in conjunction with resort hotels.

  3. Childcare centers.

• D. Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:

1. Assisted living facilities, subject to the provisions of subsection(H)(7) of Section 94.02.00;

2. Athletic, sport and recreation clubs;

3. Churches;

4. Convention centers;

5. Country clubs, golf courses, driving ranges, tennis and swimming clubs;

6. Hospitals;

7. Hotels and resort hotels (subject to the provisions of subsection (A)(2) of Section 92.04.01) in which more than 10% of the guest rooms contain kitchen facilities;

8. Incidental or accessory commercial uses, including restaurant uses, located within hotels containing less than 100 guest rooms and operated primarily for the convenience of the hotel guests; providing such total commercial uses shall occupy not more than 20% of the gross floor area of the hotel buildings;

9. Museums;

10. Private educational institutions;

11. Private clubs and lodges not as an accessory to a hotel;

12. Professional offices, provided:

• a. The subject site must be located fronting on a major thoroughfare as indicated on the city's general plan,

• b. The only allowable sign shall be an identification sign for the building complex, with public convenience signs as necessary,

• c. All development standards can be met;

13. Public parks and recreational areas at locations indicated on the general plan;

14. Public schools at locations indicated on the general plan;

15. Restaurants, but not including cafeterias, drive-in or drive-through restaurants or fast food service establishments; provided that, the following minimum criteria will be met in all cases:

• a. The site shall have a minimum frontage of 100 feet on a major thoroughfare with a minimum lot size of 30,000 square feet of net lot area,

• b. The site area shall be a minimum of 150 feet from any single-family residential zone,

• c. Parking within the required front yard setback shall be prohibited, and

• d. A minimum of 25% of the total site area shall be maintained as landscaped open space;

16. Sound stages, as an accessory use to a resort hotel;

17. Spas as an accessory use to a hotel subject to the following standards:

• a. For hotels with under 50 rooms, the facility is to serve hotel guests only. Facilities located in hotels with more than 50 rooms and located on a major thoroughfare may be permitted to serve clients who are not hotel guests,

• b. The hotel has a minimum of 15 guest rooms,

• c. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code,

• d. Such facility shall comply with Chapter 5.34 of the Municipal Code;

18. Time-share and condominium hotel projects subject to the provisions of Section 93.23.11 and 93.23.12.

(Ord. 1418, 1992; Ord. 1551, 1998; Ord. 1553, 1998; Ord. 1590 § 6, 2000; Ord. 1852 § 1, 2014; Ord. 1936 §§ 3, 4, 2017; Ord. 1984 § 20, 2019; Ord. 2020 §§ 17, 18, 2020; Ord. 2063 §§ 11, 12, 2022;

Ord. 2076, 1/12/2023

All uses and structures not permitted in Section 92.04.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in the zone by commission determination:

• A. Commercial uses, excepting those otherwise provided for herein;

• B. Industrial uses;

• C. Single-family residences;

• D. Mobilehome parks. (Ord. 1294, 1988; Ord. 1553, 1998)

The following property development standards shall apply to all land and buildings in the R-3 zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

• A. Lot Area.

Each lot shall have a minimum lot area of 20,000 square feet.

• B. Lot Dimensions.

All lots hereafter created shall comply with the following minimum standards and lots now held under separate ownership or of record shall not be reduced below these standards.

1. Width.

   • a. Interior lots shall have a minimum width of 130 feet.

   • b. Corner lots siding on a local/collector street shall have a minimum width of 140 feet.

   • c. Reversed corner lots siding on a local/collector street shall have a minimum width of 145 feet.

   • d. Corner or reversed corner lots siding on a state highway or major thoroughfare shall have a minimum width of 170 feet; corner or reversed corner lots siding on a secondary thoroughfare shall have a minimum width of 160 feet. When siding on a service road, it shall not be less than 130 feet.

   • e. Cul-de-sac or curve lots shall have an average width of 130 feet.

2. Depth.

   • a. Lots facing on a local/collector street shall have a minimum depth of 150 feet.

   • b. Lots facing on a major thoroughfare shall have a minimum depth of 175 feet; lots facing on a secondary thoroughfare shall have a minimum depth of 165 feet. When facing on a service road, it shall be not less than 150 feet.

   • c. Lots backing on a state highway or major thoroughfare shall have a minimum depth of 190 feet; lots backing on a secondary thoroughfare shall have a minimum depth of 180 feet.

C. Density.

Maximum allowable; provided all other ordinance requirements relating to such things as parking, open space, setbacks, etc., are met.

1. Hotel.

There shall be a minimum of 1,000 square feet of net lot area for each dwelling unit of a hotel or resort hotel with surface parking, and a minimum of 800 square feet of net lot area for each such unit when all parking on the property is provided underground.

2. Multiple-family Dwellings.

Density shall be consistent with the General Plan designation for the subject site.

• D. Building Height.

  1. Buildings and structures erected in this zone shall have a height not greater than 24 feet and two stories, except as otherwise provided.

  2. Exceptions:

     • a. When R-3 zoned property abuts R-1 zoned property, all structures within 200 feet of the R-1 zone boundary line shall have a height of not greater than 15 feet and shall not exceed more than one story. The setback line may vary by up to 50 feet if the average setback is 200 feet and the planning commission determines that no detrimental effects will result.

     • b. Hotels.

       • A height not greater than 30 feet shall be permitted over a maximum of 50% of the ground floor area of all buildings and structures.

     • c. High rise buildings may be permitted pursuant to the provisions of Sections 93.04.00 and 94.02.00.

• E. Yards.

1. For general provisions, see Section 93.01.00.

   • a. The front of a garage or carport shall be located not less than 25 feet from the property line abutting the street from which such garage has vehicular access, and not less than 25 feet from the opposite side of the alley from which such garage has vehicular access.

   • b. Hillside lot yards may be modified by the Director, as provided in Section 94.06.01 .

   • c. For exceptions (Permitted projections into required yards) the provisions of Section 93.01.00(F) shall apply.

   • d. For properties which front on Tahquitz Canyon Way or E. Palm Canyon Drive, see Special setbacks, Section 93.01.02.

   2. Front Yard.

      • a. Lots facing on local/collector streets shall have a front yard of not less than 25 feet.

      • b. Lots facing on a major thoroughfare shall have a front yard of not less than 30 feet. When facing on a service road, it shall be not less than 25 feet.

      • c. Lots facing on a secondary thoroughfare shall have a front yard of not less than 30 feet. When facing on a service road, it shall not be less than 25 feet.

• d. Lots substandard in depth by 10% or greater than the zone requirements facing on a major or secondary thoroughfare shall have a front yard of not less than 25 feet. The yard may be used for parking. The rear portion of such front yard may be used for accessory nondwelling structures and uses; provided:

  • i. The front 15 feet of such yard shall be landscaped and maintained, and a wall or solid screen landscaping shall be installed not less than 15 feet from the front property line or future highway line;

  • ii. No accessory structures within such rear portion shall have a height greater than 10 feet;

  • iii. No accessory structures within such rear portion shall be less than 10 feet from such wall, fence or landscape screen unless the height of such structure is less than the height of such wall fence or landscape screen;

  • iv. No structure shall be permitted in any corner cutback area.

• e. Key lots shall have a front yard not less than the required front yard for the adjoining interior lot. When the front yard on the adjoining interior lot is less than prescribed by this Zoning Code, the key lot front yard may be the same, but shall in no case be less than 15 feet.

• f. Cul-de-sac and curve lots shall have a front yard of not less than 20 feet.

• g. Partially Built-up Blocks.

Where lots comprising 50% of more of the block frontage are developed with a front yard less than that prescribed in this Zoning Code, the average of such existing front yards shall establish the front yard for the remaining lots in the block frontage; provided, a front yard determined in this manner shall be not less than 15 feet. Existing front yards greater than 40 feet shall be computed as 40 feet in computing the average.

• h. Neighborhood Unit Plans.

Where the entire block frontage is designed and developed as a unit, the front yard requirements may be varied by not more than five feet in either direction; provided that, the average front yard for the entire block frontage is not less than that required in the zone.

3. Side Yards.

   • a. Each lot shall have a side yard on each side of not less than 10 feet, except as otherwise provided; any portion of a structure in excess of 12 feet in height shall have a minimum setback equal to its height if abutting any residential property.

   • b. Corner lots siding on a local/collector street shall have a side yard on the street side of not less than 20 feet.

   • c. Reversed corner lots shall have a side yard on the street side of a width not less than the required front yard on the key lot to its rear, but in no case less than 20 feet.

   • d. Corner or reversed corner lots siding on a state highway or major thoroughfare shall have a side yard of not less than 30 feet. When siding on a service road it shall be not less than 25 feet.

   • e. Corner or reversed corner lots siding on a secondary thoroughfare shall have a side yard of not less than 30 feet. When siding on a service road it shall be not less than 25 feet. Such side yard may be used for parking. Such side yard may be used for accessory nondwelling structures and uses, provided:

     - i. A wall or solid fence not more than six feet in height or solid screen landscaping is installed at the future highway line; 
     
     - ii. No accessory structures within such side yard shall have a height greater than 10 feet; 
     
     - iii. No accessory structure within such side yard shall be less than 10 feet from such wall, fence or landscape screen unless the height of such structure is less than the height of such wall; 
     
     - iv. No structure shall be permitted in any corner cutback area. 
     

     • f. Corner lots substandard in width shall have a side yard on the street or highway side of not less than 20% of the width of the lot, but in no case shall such yard be less than 10 feet in width.

   4. Rear Yard.

      • a. Each lot shall have a rear yard of not less than 10 feet, except as otherwise provided; any portion of a structure in excess of 12 feet in height shall have a minimum setback equal to its height if abutting any residential zone.

      • b. Lots backing on a state highway or major thoroughfare shall have a rear yard of not less than 30 feet.

      • c. Lots backing on a secondary thoroughfare shall have a rear yard of not less than 30 feet.

      • d. Lots substandard to depth by 10% or greater than the zone district requirement backing on a state highway or major or secondary thoroughfare shall have a rear yard of not less than 25 feet. Such rear yard may be used for parking. Such rear yard may be used for accessory nondwelling structures and uses, provided:

        • i. A wall or solid fence not more than six feet in height or solid screen landscaping is installed on the rear property line or future highway line,

        • ii. No accessory structures within such rear yard shall have a height greater than 10 feet;

• iii. No accessory structure within such rear yard shall be less than 10 feet from such wall, fence, or screen landscaping unless the height of such structure is less than the height of such wall, fence or screen landscaping.

     - iv. No structure shall be permitted in any corner cutback area. 
  
  - e. Lots backing on an R-1 zoning district shall have a rear yard of not less than 15 feet. 
  
  - f. Lots backing on a commercial or industrial zoning district shall have a rear yard of not less than 20 feet. 
  

• F. Distance Between Buildings.

  1. Where one residential building is placed adjacent to and substantially parallel to another, there shall be a minimum distance of 15 feet. In no case shall one building be closer than 15 feet to any other building.

  2. The minimum distance between buildings on opposite sides of an interior court shall be 30 feet.

• G. Walls, Fences and Landscaping.

  1. The provisions of Section 93.02.00 shall apply.

  2. Where a multiple-dwelling residence, hotel or resort hotel abuts an R-1 zone, a masonry wall six feet in height and screen landscaping, pursuant to approved plans, shall be erected and maintained between such uses and the R-1 zone.

• H. Access.

The provisions of Section 93.05.00 shall apply.

• I. Off-street Parking.

The provisions of Section 93.06.00 shall apply.

• J. Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

• K. Signs.

The provisions of Section 93.20.00 shall apply.

• L. Antennas.

The provisions of Section 93.08.00 shall apply.

• M. Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988; Ord. 1347, 1990; Ord. 1500, 1995; Ord. 1553, 1998; Ord. 2031 § 36, 2020; Ord. 2041 § 7, 2021)

A minimum of 45% of the site area shall be developed as usable landscaped open space and outdoor living and recreation area, with an adequate irrigation system. (Ord. 1294, 1988)

All properties shall be subject to property maintenance standards established in Section 93.19.00. (Ord. 1294, 1988)