§ 92.09

• A. The C-B-D zone is intended for the central business district, primarily retail business in character, with related hotels, multiple-family dwellings, and service, office, cultural and institutional uses. The central business district is intended to be a compact, lively, active, intensively used area catering to the pedestrian. Planted walkways, covered walks and open plazas that provide for sitting, dining, conversing, gathering and window shopping are permitted and encouraged.

• B. The historic village center, within the central business district, is intended to serve as the center of the downtown with the primary economic activities focusing on specialty retail, restaurants and entertainment. The following streets shall be deemed to be within the Historic Village Center: Palm Canyon Drive, between Amado and Baristo Roads; Tahquitz Canyon Way, between Belardo Road and Indian Canyon Drive; Andreas Road, between Palm Canyon and Indian Canyon Drives; Arenas Road, between Belardo Road and Indian Canyon Drive; and Baristo Road, northerly side, between Palm Canyon and Indian Canyon Drives.

• (Ord. 1294, 1988; Ord. 1423, 1992)

• 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 prescribed in Section 92.09.03.

1. Antique shops;

2. Artist studios;

   3. Bicycle sales and rentals, including accessory repair;

   4. Cannabis lounge or cannabis dispensary, subject to the property development standards contained in Section 93.23.15 of this Code;

   5. Childcare centers;

   6. Dance studios;

   7. Financial institutions without drive-through facilities;

   8. Grocery stores, less than 15,000 gross square feet in area;

   9. Mixed-use development;

   10. Offices, located outside of the Historic Village Center, and limited to a maximum of 5,000 gross square feet in area at the street level;

   11. Outdoor display as an accessory to a permitted primary use and located on the same property as the permitted use in the CBD zone between Amado Road and Alejo Road.

   • a. Display of merchandise offered for sale within the 300-400 block of North Palm Canyon Drive only:

     • i. Merchandise shall be limited to furniture, antiques, fine arts and fine apparel.

     • ii. A maximum of one item may be displayed within a single contiguous area of 16 square feet that is totally located in front of and adjacent to the primary use.

     • iii. Items must be freestanding and not attached to any building.

     • iv. The maximum height of the display shall be seven feet.

     • v. The display shall not be placed within the public right-of-way.

     • vi. No product advertising nor signage may be placed on the display.

     • vii. Prohibited items include all merchandise not specifically covered in item i above. Specifically prohibited items include, but are not limited to, accessories, display racks, mannequins (except torso display frames), and other similar items.

     • viii. Approval of such display shall be subject to Section 94.04.00, minor architectural application, for a finding that the display is compatible with pedestrian movements and the character of the surrounding development.

   12. Parking lots and parking structures as a primary use;

   13. Personal services;

   14. Professional and trade schools;

   15. Public parks/plazas;

   16. Retail stores, limited to a maximum of 100 linear feet of frontage on any individual street and less than 15,000 gross square feet in area;

   17. Television and radio production and broadcast facilities;

• B. Similar Use 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 the other uses permitted in the zone, as provided in Section 94.01.00.

C. Uses Permitted by Land Use Permit.

1. Indoor uses:

   • a. Animal daycare facilities (no kennels), located outside of the Historic Village Center;

• b. Automotive rental agencies as part of a resort hotel. The following standards shall apply:

  - i. Standards prescribed in Section 92.04.01(A)(2). Accessory commercial uses for resort hotels shall be complied with; 
  
  - ii. Number of vehicles stored at the location shall be limited to the number necessary to serve the hotel only; 
  
  - iii. No service or repair facilities for the vehicles shall be permitted at the hotel site; 
  
  - iv. Such use shall be permitted only if the hotel contains an adequate number of parking spaces in accordance with the provisions of Section 93.06.00; 
  

  • c. Catering in conjunction with permitted main use;

  • d. Commercial recreation (indoor);

  • e. Conversion of existing upper-story floor area to multifamily residential use. The following standards shall apply:

    • i. Each unit shall contain complete kitchen and sanitary facilities;

    • ii. No outdoor storage may be visible from any street;

    • iii. Such conversion shall be subject to applicable building code provisions;

    • iv. Additional standards as deemed appropriate by the Director, including considerations for open space, parking, and trash collection;

  • f. Farmers market;

  • g. Festivals and exhibits;

  • h. Health clubs and athletic clubs;

  • i. Hotels and resort hotels, provided that no more than 10% of the guest rooms contain kitchen facilities;

  • j. Lodges, meeting halls, private clubs, wedding chapels, and similar assembly uses;

  • k. Offices, located outside the Historic Village Center, in excess of 5,000 gross square feet of floor area on the street level;

  • l. Offices, located within the Historic Village Center, limited to a maximum area of 2,500 gross square feet of floor area on the street level;

  • m. Post office branches;

  • n. Restaurants, unless otherwise regulated;

  • o. Spas, subject to the following restrictions:

    • i. For spa facilities provided as an accessory use to a hotel or resort hotel, additional parking spaces shall be provided where the spa facilities are made available to non-hotel guests.

    • ii. Where massage services are provided accessory to the spa use, compliance with the Palm Springs Municipal Code Chapter 5.34 shall be required.

2. Outdoor uses as an accessory to a permitted primary use and located on the same property as the permitted use:

   • a. Art displays;

   • b. Artisans and artists;

   • c. Bicycle display;

   • d. Car shows;

   • e. Christmas tree sales, not accessory to a primary use;

   • f. Display cases in malls or courts;

   • g. Farmers market;

   • h. Fashion shows;

   • i. Festivals, exhibits and special events;

   • j. Musicians/entertainment (subject to provisions of noise ordinance);

   • k. Outdoor dining;

   • l. Plant and floral sales and displays;

   • m. Postcard displays (limited to one per store frontage);

   • n. Theatre and public assembly;

   • o. Vending carts dispensing the following:

     • i. Food;

     • ii. Beverages;

     • iii. Crafts;

     • iv. Floral items;

• v. Other uses as determined by the planning commission.

3. Outdoor uses as an accessory to a permitted primary use and located on public property including the public right-of-way (streets and sidewalks):

   • a. Art displays;

   • b. Artisans and artists;

   • c. Festivals, exhibits and special events;

   • d. Musicians/entertainment (subject to provisions of noise ordinance);

   • e. Outdoor dining;

   • f. Plant and floral sales and displays;

   • g. Vending carts dispensing the following:

     • i. Food;

       • ii. Beverages; iii. Crafts;

       • iv. Floral items;

       • v. Other uses as determined by the planning commission.

   4. Outdoor uses located on public property including the public right-of-way (streets and sidewalks) when conducted in a designated area approved by the city council and undertaken as part of a festival, event or program to promote commercial, artistic or cultural activity in the downtown district:

      • a. Art displays;

      • b. Artisans and artists;

      • c. Car shows;

      • d. Farmers market;

      • e. Fashion shows;

      • f. Festivals, exhibits and special events;

      • g. Musicians/entertainment (subject to provisions of noise ordinance);

      • h. Outdoor dining;

      • i. Plant and floral sales and displays;

      • j. Theatre and public assembly;

      • k. Tourism activities kiosks;

      • l. Vending carts dispensing the following:

        • i. Food;

        • ii. Beverages;

        • iii. Crafts;

        • iv. Floral items;

        • v. Other uses as determined by the planning commission.

• D. Uses Permitted by Conditional Use Permit.

  1. Automobile service stations designed and constructed as an integral part of a parking structure;

  2. Automobile showrooms, where at least 50% of autos displayed for sale shall be new or classic cars;

  3. Cocktail lounges and nightclubs;

  4. Convention centers;

  5. Grocery store, greater than 15,000 gross square feet in area;

  6. Hotels and resort hotels in which more than 10% of the guest rooms contain kitchen facilities;

  7. Libraries/visitor's centers;

8. Liquor stores;

9. Movie theaters;

10. Museums;

11. Offices, located within the Historic Village Center, in excess of 2,500 square feet of gross floor area on the street level;

12. Recreational facilities, commercial;

13. Religious institutions;

14. Retail stores, with over 100 linear feet of frontage on any individual street and/or greater than 15,000 gross square feet in area;

15. Theaters;

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

(Ord. 1958 § 3, 2018; Ord. 1977 §§ 3, 4, 2019; Ord. 1984 §§ 21, 22, 2019; Ord. 2007 §§ 4, 5, 2019; Ord. 2020 §§ 21, 22, 2020; Ord. 2031 § 38, 2020; Ord. 2063 § 16, 2022; Ord. 2076, 1/12/2023

All uses and structures not permitted in Section 92.09.01 are deemed to be specifically prohibited. The following classification of uses shall not be permitted in this zone by planning commission determination:

• A. Adult entertainment establishments;

• B. Animal kennels;

• C. Auction galleries, except as otherwise permitted per chapter 5.04 of the Palm Springs Municipal Code;

• D. Automobile rental, except as otherwise permitted;

• E. Automobile service stations, except as otherwise permitted;

• F. Contractor's offices;

• G. Drive-in and drive-through facilities;

• H. Industrial uses and manufacturing;

• I. Massage establishments, except as otherwise permitted;

• J. Mobilehome/RV parks;

• K. Motor scooter, motorbike and motorcycle rentals and sales, both as a primary and accessory use;

• L. Pawn shops;

• M. Second-hand stores and used goods as primary uses;

• N. Self-service laundries;

• O. Single-family residences;

• P. Tattoo parlors and body piercing;

• Q. Upholstery shops;

• R. Wholesaling and warehousing.

• (Ord. 1958 § 4, 2018)

The following property development standards shall apply to all land and buildings in the C-B-D 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 area of 9,600 square feet.

• B. Lot Dimensions.

  1. Each lot shall have a minimum width of 75 feet.

  2. Each lot shall have a minimum depth of 128 feet.

• C. Building Setbacks and Open Space.

  1. General Provisions.

See Section 93.01.00(A), (B), (C), (F)(1—7).

2. Building Setbacks.

   • a. Where a new building fronts on Palm Canyon Drive, between Alejo Road and Ramon Road, the setback shall be a minimum of 50 feet from the centerline of the street. All other setbacks shall be governed by the provisions contained herein.

   • b. Where a new building abuts any street, the setback shall, at the street level, be an average of at least 10 feet zero inches from the property line. Trellises and covered walkways, subject to the provisions of Section 94.04.00 and to the approval of required agreements with the city, may be allowed within the setback area, and within the public right-of-way; provided, the public walkway is unobstructed and such trellis or cover is setback a minimum of five feet from the perimeter of any tree well.

   • c. Any portion of a building on the west side of the street and greater than 15 feet in height shall be setback an average of at least 20 feet from the property line; the planning commission has the authority to make adjustments in this requirement where the first level of the building is greater than 15 feet in height.

3. Open Space.

   • a. Commercial Uses.

     • i. Adjoining and in addition to the setback requirements in subsection (C)(2) of this section, all lots with frontage of 75 feet zero inches or more will be required to provide an additional open space area equivalent to at least 5% of the total lot area. The area shall be permanently maintained as open space visible from the public rights-of-way and not less than 30% of the subject area must maintain visual penetration to the sky.

     • ii. All yards shall be completely landscaped or shall be paved with decorative materials and maintained for pedestrian use, or may be used for outdoor activities

associated with the permitted use, including outdoor dining, floral displays or similar uses.

  - b. Residential and hotel uses shall provide open space equivalent to 45% of the net lot area. This requirement may include balconies, terraces, roof decks, or other similar features, which are useable by the occupants of such residential use. 

  - c. Open space requirements for mixed-use developments shall be as determined by the planning commission. 

  - d. All landscaped portions of required open space shall be equipped with an automatic irrigation system and shall be fully maintained regardless of whether the building is fully occupied. 

• D. Floor Area Allowance.

1. For the purpose of this subsection, floor area is the total gross floor area contained within the walls of all buildings on the property, including enclosed public malls, but excluding mechanical space in penthouses, space totally below ground level in basements, surface parking, and that area of parking structures up to one-half (½) level above the surface.

   2. All buildings shall be allowed a floor area equal to the net area contained within the property lines, provided that all other requirements of this Zoning Code are met.

   3. All buildings shall be allowed an increase of one square foot in the permitted floor area for every square foot of yard area improved with landscaping or decorative pavement which is in excess of the requirements of subsection (C)(3)(a) of this section, this calculation shall not include decorative pavement in parking areas outside the setback area.

• E. Building Height.

  1. Defined (Deleted by Ord. 1418);

  2. Buildings and structures shall have a height not greater than 30 feet, except as provided below:

     • a. Highrise buildings will be subject to the provisions of Sections 93.04.00 and 94.02.00.

     • b. For permitted projections above building height limit, the provisions of Section 93.03.00 shall apply.

• F. Residential Density. Residential units developed within the CBD zone shall be at a minimum density of 21 dwelling units per acre and a maximum density of 30 dwelling units per acre, with the following exceptions:

  1. There shall be no minimum density threshold where existing upper-story commercial floor area is converted to residential use in accordance with subsection 92.09.01(C)(1)(e); the maximum density for such conversions shall be 30 dwelling units per acre.

  2. Up to 70 dwelling units per acre may be permissible in the Downtown Central Core, as that area is defined in the General Plan, subject to the approval of a Planned Development District or Specific Plan.

  3. Additional density may be permissible in accordance with the density bonus requirements listed in section 92.23.17.

• (Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1553, 1998; Ord. 1977 § 5, 2019)

A. Parking Policy.

Objective. To provide a uniform and fair parking policy attributable to all existing and proposed development within the Palm Springs central business district and to encourage the development of centralized parking to serve the needs of the public, as opposed to the scattered development of parking immediately adjacent to a particular enterprise. Dual use of parking spaces shall be encouraged wherever possible pursuant to Section 93.06.00.

1. Where existing structures are to remain or be remodeled without a change of use or an increase in floor area, no additional parking or in-lieu payment will be required.

2. Where existing structures are to be remodeled to expand the structure, additional parking shall be provided or a payment into the off-street parking fund in the amount provided by city council resolution shall be calculated based on the increase in floor area only.

3. Where new structures are to be constructed on vacant land or are to replace existing structures, parking, as required by this section, shall be provided or a payment into the offstreet parking fund in the amount provided by city council resolution shall be required, or other alternatives to provide for parking demand may be approved by agreement with the city council. Wherever the applicant may be permitted the option of paying the in-lieu parking fee, or an additional option either partially or wholly in lieu of such payment, the applicant and city may enter a binding enforceable agreement which shall have a beneficial effect on parking for the project and surrounding property as constructing the on-site parking, and the city shall make findings concerning such beneficial effect in approving said agreement.

4. Uses within the central business district zone shall provide numbers of spaces in accordance with Section 93.06.00, except as otherwise provided for by Section 92.26.00 "D" downtown parking combining zone.

• B. Parking Requirements.

  1. Parking lot design standards shall conform to Section 93.06.00.

  2. Parking lot entrances shall be improved with decorative paving for a minimum distance of 10 feet back of the right-of-way line.

• C. Vehicular Access to Property and Service Areas. The provisions of Section 93.05.00 shall apply.

• D. Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply, except for Section 93.07.01(B), which shall be modified as follows:

More than one lot and/or owner may form agreements in the C-B-D zone to allow common usage of loading areas; provided that, the buildings are determined by the Director to be readily accessible to the common loading space(s).

• E. Signs.

The provisions of Section 93.20.00 shall apply.

• F. Storage and Other Outdoor Activity.

All goods, wares, merchandise, produce and other commodities which are stored, repaired, offered or displayed for sale or exchange shall be housed in permanent buildings unless being transported, with the following exceptions:

1. Activities and uses outlined in Section 92.09.01(B): (Uses Permitted by Land Use Permit).

• G. Antennas.

The provisions of Section 93.08.00 shall apply.

H. Public Art.

The provisions of Section 93.11.00 shall apply. (Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1553, 1998; Ord. 1565, 1999; Ord. 2031 § 39, 2020)

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