§ 92.29

• A. Purpose. The purpose of the "FD" Food Desert Overlay Zone is to encourage the development of qualifying grocery businesses in areas within the City that are categorized as "food deserts," which are defined as neighborhoods where residents have limited access to healthy and affordable food. The "FD" Food Desert Overlay Zone is intended to address food access issues in underserved neighborhoods by offering zoning incentives as a means to encourage new qualifying grocery store operators to locate within these neighborhoods in either rehabilitated existing structures or new structures. The establishment of the "FD" Food Desert Overlay Zone addresses public health and welfare issues by encouraging commercial uses that provide basic necessities in close proximity to disadvantaged residential areas.

• B. Definitions. For the purposes of this section, certain words or phrases used in this section are defined as follows:

"Census tract" means a small statistical subdivision of a county or equivalent entity, as defined and established by the U.S. Census Bureau.

"Household income" means the combined gross income of all members of a household, as defined and established by the U.S. Census Bureau.

"Median household income" means the income figure that divides household income in a given geographic area into two equal parts: one-half of the cases falling below the median and on-half above the median, as defined and established by the U.S. Census Bureau.

"Poverty level" means the minimum level of household resources that are adequate to meet basic needs, as defined and established by the U.S. Census Bureau.

"Qualifying grocery store" means a store with a minimum of 5,000 and a maximum of 60,000square feet of gross floor area that offers a full line of dry groceries, canned goods, and perishable groceries, including meats, dairy, and produce. The incidental sale of liquor and/or alcohol products may be permitted in conjunction with a qualifying grocery store, but shall not exceed 30% of the floor area or sales volume.

• C. Location. The "FD" Food Desert Overlay Zone may be established only in qualifying census tracts and only as an overlay to an underlying zoning district. A census tract qualifies as an eligible location for the "FD" Food Desert Overlay Zone if it meets all of the following criteria:

  1. The census tract or a portion thereof is located greater than one mile from an operating grocery store, with a minimum of 5,000 square feet of gross floor area that offers a full line of dry groceries, canned goods, and perishable groceries; and

  2. The median household income of the census tract is at or below the median household income for the city of Palm Springs as a whole, as established by the most recent American Community Survey of the U.S. Census Bureau; and

  3. The poverty level for the census tract is 15% or greater, as established by the most recent American Community Survey of the U.S. Census Bureau.

Upon determining that a census tract qualifies for inclusion in the "FD" Food Desert Overlay Zone, the Director shall prepare a resolution for adoption by the Planning Commission, providing the findings for establishment of the overlay zone and defining the boundaries thereof. Once approved by the Planning Commission, the resolution shall be maintained on file in the Department.

• D. Zoning. A qualifying grocery store may be located in any commercial or industrial zone district within a "FD" Food Desert Overlay Zone, subject to obtaining a Conditional Use Permit as provided below.

• E. Application Processing and Review. Applicants for a qualifying grocery store use within a "FD" Food Desert Overlay Zone shall be subject to the following procedures:

  1. New Building Construction: For the construction of a qualifying grocery store use in a new building, applicants shall file a Conditional Use Permit application in accordance with PSZC Section 94.02.00. Upon receipt of a completed application, the City shall have 60 days to act upon the application. No Architectural Review application or Development Permit application shall be required for submittal in conjunction with the Conditional Use Permit application.

  2. Renovation or Limited Expansion of an Existing Building/No Accessory Use Requiring a CUP: When a new qualifying grocery store use is located within an existing building, no Conditional Use Permit application shall be required for that use, provided the proposed renovation/expansion of the existing building does not increase the existing gross floor area by more than 25.

  3. Significant Expansion of an Existing Building/Accessory Use Requiring a CUP: When a new qualifying grocery store use is located within an existing building, and an expansion of the existing building is proposed which will increase the existing gross floor area by more than 25, the application shall be treated as one for new building construction pursuant to subsection (E)(1).

  4. Accessory Uses: Accessory uses, such as gasoline sales or other similar commercial uses, may be permitted in conjunction with a qualifying grocery store use where allowed by the underlying zoning district. Where the underlying zoning district regulations require approval of a Conditional Use Permit application for the accessory use, a separate Conditional Use Permit application shall be required for the accessory use.

• F. Zoning Incentives. Applicants for the establishment of a new qualifying grocery store use in a "FD" Food Desert Overlay Zone are eligible for the following incentives:

  1. Waiver of Architectural Review Application and Development Permit Application. The requirement for filing an Architectural Review application and a Development Permit application, pursuant to PSZC Sections 94.04.00 and 94.04.01, shall be waived for new construction or renovation/expansion of an existing structure for a qualifying grocery store use. Review of the site plan and architectural treatment for any new structures shall be conducted by the Planning Commission as part of the review of the applicable Conditional Use Permit application.

Development Permit application, pursuant to PSZC Sections 94.04.00 and 94.04.01, shall be waived for new construction or renovation/expansion of an existing structure for a qualifying grocery store use. Review of the site plan and architectural treatment for any new structures shall be conducted by the Planning Commission as part of the review of the applicable Conditional Use Permit application.

2. Flexibility in Specified Development Standards. The following development standards may be waived, reduced or relaxed upon approval of an administrative Minor Modification application pursuant to PSZC Section 94.06.01 :

   • a. Parking. The minimum parking requirements for a qualifying grocery store use pursuant to PSZC Section 93.06.00 may be reduced by up to 30.

   • b. Setbacks. Required side and rear yard setbacks may be reduced by up to 25 or 15 feet, whichever is less, for a qualifying grocery store structure.

   • c. Height. Height limits may be increased by up to 15 for a qualifying grocery store structure.

   • d. Separation Distance. Required separation distances between commercial uses and residential zones may be reduce for the new building construction of qualifying grocery stores, subject to all of the following:

     • 1. Any commercial building shall be located a minimum of 15 feet from any property line that abuts a residential zone;

• 2. A decorative six foot high masonry wall shall be installed at the common property line between the commercial use and the residential zone;
• 3. A landscape buffer with a minimum depth of five feet shall be provided along the common property line between the commercial use and the residential zone; and
• 4. Drought-tolerant shade trees shall be installed at 20 foot intervals in the landscape buffer area along the common property line between the commercial use and the residential zone.

The landscape and buffer requirements listed above in subparagraph (d) may be waived for qualifying grocery store uses located in a renovated or expanded existing building under subsection (E)(2) as part of an Administrative Minor Modification. (Ord. 2028 § 2, 2020; Ord. 2042 §§ 3, 4, 2021)