Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
RECORDING REQUESTED BY:
**This document was electronically submitted
to the County of Riverside for recording**
Receipted by: KAREN #277
MARRAKESH COMMUNITY
ASSOCIATION
WHEN RECORDED MAIL TO:
ADAMS|STIRLING
Professional Law Corporation
2566 Overland Avenue, Suite 730
Los Angeles, California 90064
(800) 464-2817
Space above this line for Recorder’s use only.
SECOND AMENDED AND RESTATED DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR MARRAKESH COMMUNITY ASSOCIATION
a California nonprofit mutual benefit corporation
If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran and military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
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TABLE OF CONTENTS
Table of Contents l
Article 1: Definitions
1.1 “Architectural & Landscape Committee” or “ALC
“ArchitecturalRules and Guidelines”
1.3 “Articles”
1.4 “Assessment”
1.5 “Association”
1.6 “Board”
1.7 “Budget”
1.8 “Bylaws”
1.9 “CC&Rs”
1.10 “City”
1.11 “Committee”
1.12 “Common Area”
“Common Expenses”
1.14 “County”
1.15 “Development”
1.16 “Director”
1.17 “Eligible Mortgagee”
“Governing Documents”
1.19 “Improvements”
1.20 “Lender”
1.21 “Lot”
1.22 “Maintenance Responsibility Chart”
“Manager”
1.24 “Marrakesh Country Club” or “MCC”
a. “Social Membership” and “Social Member”
b. “Golf Club Membership” and “Golf Club Member”
“Full Membership” and “Full Member”
“Non-Owner Membership” and “Non-Owner Member”
“Marrakesh Country Club Property” or “Golf Course Development”
1.26 “MCC Bylaws”
“MCC Management Agreement”
1.28 “Member” and “Membership”
“Membership Approval” or “Approval of the Membership”
“Mortgagee”
1.31 “Officer”
1.32 “Owner”
2 2
1.2 2
2 2
2 2
2 2
2 2
2 2
1.13 3
3 3
3 3
1.18 3
3 3
3 3
1.23 3
3 4
4 c. 4
d. 4
1.25 4
4 1.27 4
5 1.29 5
1.30 5
5 5
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1.33 “Quorum” 5
1.34 “Regular Assessments”
1.35 "Reimbursement Special Assessments” or “Reimbursement Assessments”
1.36 “Renovation”
1.37 “Reserves” or “Reserve Accounts”
1.38 “Residence”
1.39 “Resident”
5 5
5 6
6 6
1.40 “Rules” 6
1.41 “Special Assessments” 6
1.42 “Tenant” or “Lessee”
1.43 “Utility Lines”
1.44 “Voting Power”
1.45 Definitions of Other Terms
6 6
6 6
Article 2: The Development 6
2.1 General.
2.2 Description of the Development
2.3 Rights and Obligations in Marrakesh Country Club
2.4 Presumption Regarding Boundaries of Lots
2.5 Association as Master Lessor Under Master Lease and Owner of Common Area
2.6 Due on Sale
2.7 Common Area Partition
2.8 Common Area Easements
2.9 Easement for Use and Enjoyment
2.10 Easement.
2.11 Encroachment Easement
6 7
7 7
7 8
8 8
9 9
9 Article 3: Membership in Association 9
Membership in the Association
Membership in Marrakesh Country Club
No Separate Transfer of Membership
Owners'Tenants, Family, Guests, etc
Impersonal Entities
Trust
Corporation
Partnership
Limited Liability Company
Other Entities
Registration of Person as Member and Changes to Designation Voting Rights
Obligation to Comply with Governing Documents
Security
3.1 9
3.2 9
3.3 10
3.4 10
3.5 10
a. 10
b. 10
c. 10
d. 10
e. 10
f. 11
3.6 11
3.7 11
3.8 11
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3.9 Purchase Subject to Violations...
3.10 Notice of Transfer of Ownership
3.11 Obligation to Carry Insurance ...
3.12 Reimbursement to Association....
3.13 Liability for Mitigation
3.14 Guests
3.15 Correction of Violations
3.16 Golf Course Disclaimer/Waiver.
11 11
11 11
12 12
12 12
Article 4: The Association 13
Board of Directors
Powers of a Nonprofit Corporation
Incur and Pay Expenses
Marrakesh Country Club Property
Taxes and Assessments
Rules and Regulations
Foreclose, Hold Title and Make Conveyances
Commercial Concessions
Utility and Cable Easements
4.10 Granting Utility and Other Easements
4.11 Granting Exclusive Use Easements Over Common Area
4.12 Borrow Money
4.13 Represent Association in Litigation
4.14 Receive Property
4.15 Dispose of Property
4.16 Capital Improvements
a. Defined
b. 10% Limitation
Obsolescence
4.17 Resale Office; Business Operations
4.18 Vendor Contracts
4.19 Gate Control Services
4.20 Delegation to Manager
4.21 Nonprofit Character of Association
4.22 Discharge of Liens
4.1 13
4.2 13
4.3 13
4.4 13
4.5 14
4.6 14
4.7 14
4.8 14
4.9 14
14 15
15 15
15 15
15 15
16 c. 16
16 16
16 16
16 16
Article 5: Architectural Provisions 17
5.1 Architectural & Landscape Committee
a. Architect
b. Conflicts of Interest
5.2 No Improvements or Alterations Without Approval ....
5.3 Architectural Changes Not Requiring Prior Approval
17 17
17 17
18 111
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5.4 Applicants in Good Standing 18
5.5 Right to Decorate Residence
5.6 Architectural Rules and Guidelines
5.7 Rescinding Approval
5.8 Submission of Plans
5.9 Failure to Comply with Approval Requirements
5.10 Appeal to the Board
5.11 Review Fees and Construction Agreement
5.12 Variances
5.13 Engineering and Code Requirements
5.14 Inspection
5.15 Enforcement
5.16 Building Department and Association Approvals
5.17 Mechanics'Liens
5.18 Hold Harmless and Indemnify
5.19 No Combining Lots
5.20 Drainage :
5.21 Occupancy of Unfinished, Temporary or Mobile Structures Prohibited
5.22 Removal of Temporary Buildings
5.23 Waiver of Liability
18 19
19 19
19 19
20 20
20 20
20 21
21 21
22 22
22 22
22 Article 6: Maintenance, Repair and Replacement Obligations 22
6.1 Owner’s Maintenance, Repair and Replacement
a. Alterations
b. Utility Lines
c. Weeds and Trash/Rubbish
d. Exterior Maintenance/Paint
e. Sidewalk and Street Encroachments
f. Concrete and Paver Driveways
g. Fences
h. Insects and Plant Diseases
i. Termites and Pests
j. Garage Doors
k. Fireplaces
l. Patios
m. Skylights
n. Drainage Structures
6.2 Easement for Maintenance
6.3 Water Damage and Mold.
6.4 Association Maintenance, Repair, and Replacement Responsibilities a. Marrakesh Country Club Property
b. Common Area Amenities
c. Gates, Private Streets
d. Common Area Fences
e. Buildings and Equipment
22 22
22 23
23 23
23 23
23 24
24 24
24 24
24 24
25 25
25 25
25 25
26 IV
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f. Landscaping
g. Lot Landscaping
h. Utility Lines
i. Residence Exterior Painting
j. Termites and Pests
k. Areas Outside Development
Common/Party Wall
Maintenance and Repair Damage to Wall or Contents
26 26
26 26
26 26
6.5 27
6.6 27
Article 7: Use Restrictions 27
7.1 Antennas 27
7.2 Barbecues and Fire Pits 27
7.3 Drones 27
7.4 Flammable Materials
7.5 Health/Safety Hazards
7.6 Laundry
7.7 Nudity
7.8 Nuisance
a. Unreasonableness
b. Secondhand Smoke
c. Allergies
d. Board Determination
7.9 Occupancy Restriction
7.10 Grandfathered Occupancy
7.11 Obstruction or Alteration of Common Areas
7.12 Ownership Limitation
7.13 Quiet Enjoyment
7.14 Residential Use
27 28
28 28
28 28
28 .28
28 28
28 29
29 29
29 7.15 Sale of Lot
7.16 Satellite Dishes
29 29
7.17 Solar Energy Systems 30
7.18 Signs
7.19 Smoking and Vaping
7.20 Marijuana and Controlled Substances
7.21 Hiring of Association Employees
Use of Independent Contractors
7.23 Window Coverings
7.24 Drains
7.25 Drilling and Exploration
7.26 Machinery and Equipment
7.27 Sanitary Conditions
7.28 Storage
30 30
30 30
7.22 30
31 31
31 31
31 31
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7.29 Transfer of Occupancy 31
7.30 Trash Containers
7.31 Utility Service
7.32 No Criminal Activity....
31 31
32 Article 8: Leasing and Ownership Limitations
8.1 No Hotel Purposes
8.2 No Short-Term and Transient Rentals
a. Prohibited Short Term Rental Period..
b. Advertising Limitation
8.3 Lease Requirements
8.4 Rental Cap
a. Rental Cap Exception
b. Waiting List
c. Maximum Lease Term
8.5 Lease Addendum
8.6 Governing Documents
8.7 Common Area Privileges
8.8 Repair Damage
8.9 Unlawful Detainer
8.10 Assignment of Rents
32 32
32 32
32 32
32 32
32 33
33 33
33 33
33 34
Article 9: Pets 34
9.1 Pet Limitation 34
9.2 Assistance Animals. 34
Nuisance
Dangerous Animals
9.3 34
9.4 34
9.5 Liability. 34
9.6 Control.. 35
Article 10: Vehicles and Parking 35
10.1 Management of Parking
10.2 Parking
10.3 Commercial Vehicles
10.4 GuestParking
10.5 Proper Operating Condition
10.6 Electric Vehicle Charging Stations.
10.7 Repair of Vehicles
10.8 Fluid Leaks
10.9 Theft or Damage
10.10 Impeding Access
35 35
35 35
35 35
35 36
36 36
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Article 11: Enforcement of Governing Documents 36
11.1 Right to Enforce
11.2 Association Enforcement Rights
a. Monetary Penalties (Fines)
Suspend Common Area Privileges
c. Alternative Dispute Resolution
d. Judicial Enforcement
Cumulative Remedies
11.4 Failure to Enforce Not a Waiver
11.5 Remedy at Law Inadequate
11.6 Right of Action Against Buyer
11.7 Violation as a Nuisance
11.8 Attorneys * Fees
36 36
36 b. 37
37 37
11.3 37
37 37
37 37
37 Article 12: Right of Entry 38
12.1 Limited Right of Entry
12.2 Notice of Entry
12.3 Avoid Unreasonable Interference
12.4 Emergency Entry
12.5 Refusal to Allow Entry
12.6 Damage Repaired by Association
12.7 Power to Vacate Lot
a. Notice
Duty to Vacate
12.8 Entry by Owner
38 38
38 38
38 38
38 39
b. 39
39 Article 13: Assessments 39
13.1 Covenant to Pay
13.2 Purposes of Assessments
13.3 Regular Assessment
20% Limitation
Rate of Regular Assessments
c. Payable Monthly
d. Written Notice
13.4 Special Assessment
5% Limitation
b. Uniform Rate of Assessment
c. Reimbursement Assessments
d. Payment Schedule
e. Written Notice
13.5 Emergency Assessment
13.6 Marrakesh Country Club Dues, Fees, Charges, Assessments or Other Monetary Obligations
39 39
40 a. 40
b. 40
40 40
40 a. 40
40 40
41 41
41 41
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13.7 Deposit ofAssessments.. 42
a. Commingling
b. Interest
13.8 Reserves
a. Be Segregated
b. Be Invested
c. Require Two Signatures
d. Not Be Reimbursed
42 42
42 .42
42 42
42 Article 14: Enforcement of Assessments 42
14.1 Liability for Assessments
14.2 Enforcement Rights
a. Late Fees and Interest
b. File Suit
c. Lien and Foreclose
d. Suspend Privileges
e. Additional Remedies
14.3 No Offsets
14.4 No Exemption by Waiver of Use
14.5 Attorneys' Fees
14.6 Non -Waiver of Assessments
14.7 Marrakesh Country Club Charges
a. Country Club Dues, Fees, Charges, Assessments
Collection of Delinquent Dues, Fees, Charges, Assessments c. Personal Liability
14.8 Protection Afforded to Marrakesh Country Club
42 43
43 43
43 43
43 43
44 44
44 44
44 b. 44
45 45
Article 15: Insurance 45
15.1 Association Insurance
a. Automobile Liability Insurance
b. Boiler and Machinery Insurance
c. Comprehensive or Commercial General Liability (“CGL”) d. Direct Physical Loss v
e. Directors and Officers
Earthquake Insurance
g. Employment Practices Liability
h. Fidelity Bond
i. Flood Insurance
j. Umbrella Policy
k. Workers Compensation
15.2 Owner Obligation to Carry Insurance
a. Waiver of Claims
b. Assignment of Proceeds
15.3 Payment of Deductible
15.4 Liability for Increased Insurance Rates
75.5 Choice of Contractor
15.6 Insurance Company Rating
75.7 Failure to Acquire Insurance
45 45
45 45
45 47
f. 47
47 47
47 47
47 47
48 48
48 48
48 48
49 vm
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Article 16: Protection of Lenders 49
16.1 General
16.2 No Right of First Refusal
16.3 Unpaid Assessments
16.4 Action Requiring Mortgagee Approval
16.5 Payment of Taxes and Insurance
16.6 Priority of Proceed or Award Distribution
16.7 Notification ofEligible Mortgagees
16.8 Inspection of Documents, Books and Records.
16.9 Loan to Facilitate
16.10 Mortgagee Furnishing Information
16.11 Financial Statement
16.12 Termination without Substantial Destruction.
49 49
49 49
50 50
50 51
51 51
51 51
Article 17: Limitations of Liability 51
17.1 Standard for Liability
17.2 Limited Personal Liability
17.3 Association Not a Security Provider
17.4 Duty to Defend
17.5 Duty to Protect
17.6 Personal Injury or Property Damage Sustained Within a Lot.
17.7 Actions Against Volunteers
51 51
52 52
52 52
52 Article 18: Damage/Destruction to Improvements.. .53
18.1 Generally
18.2 AssociationJs Duties
18.3 Cost of Repair
18.4 Discretion Not to Rebuild
18.5 Disbursements to Owners and Mortgagees,
18.6 Owner's Duties
18.7 Duties of Board During Reconstruction
53 53
53 53
53 54
54 Article 19: Eminent Domain 54
19.1 Notice
19.2 Payment for Common Area or Marrakesh Country Club Property.
19.3 Payment for Lot
19.4 Revision of Documents
19.5 Status of Membership
54 54
54 55
55 IX
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Article 20: Conversion of Subleasehold Interests in Lots into Fee Interests Controlling Provisions
Definitions
“Land Acquisition Loan”
“Golf Course Acquisition Date”
“Golf Course Development Acquisition Loan”
“Residential Development”
“Residential Development Acquisition Date”
Sublessee Option to Convert to Fee Interest
Special Debt Service Assessments
Conversion to Fee Interest
Due on Sale
55 20.1. 55
20.2. 55
a. 55
b. 55
c. 55
d. 55
e. 55
20.3. 55
20.4. 56
20.5. 57
20.6. 57
Article 21: Miscellaneous
21.1 Amendment
21.2 Eligible Mortgagee Approval.
21.3 Amendment to Conform to Statute
21.4 Term of CC&Rs
21.5 Attorneys’ Fees
21.6 Notices
21.7 Headings
21.8 Liberal Construction
21.9 Number and Gender
21.10 Severability
21.11 Successor Association
21.12 Conflicting Provisions
57 57
57 58
58 58
58 59
59 59
59 59
59 CERTIFICATION 60
EXHIBIT “A” Legal Descriptions
EXHIBIT “B” Pertinent Historical Information
EXHIBIT “C” Original CC&Rs for the Fourteen Units
EXHIBIT “D” Common Area
EXHIBIT “E” Residential Lots
EXHIBIT “F” Maintenance Responsibility Chart
x
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hold harmless the Association, and the other Owners from and against any claim or action brought by the Owner’s Resident, Tenant, family member, guest, invitee, or licensee who is injured or whose property is damaged by contact with one or more golf balls originating from the golf course and/or Sprays.
Similarly, each Non-Owner Member, by entering into a membership agreement or contract with Marrakesh Country Club, expressly acknowledges such risk of personal injury or property damage and assumes the risk of such personal injury or property damage and waives and agrees not to make any claim or sue the Association, or Owners, or their Residents, Tenants, family members, guest, invitee or licensee based on or arising from any personal injury or property damage caused by contact with one or more golf balls originating from the golf course, including any theory of recovery based on design defects, concealment of the risk, or negligence.
c.
ARTICLE 4: THE ASSOCIATION
Board of Directors. The management of the Association and all other acts of the Association will be through its Board unless provided otherwise in the Governing Documents.
4.1 Powers of a Nonprofit Corporation. The Association shall have all of the powers of a nonprofit corporation organized under the laws of the State of California, operating for the benefit of its Members. The Association is created for the purpose of managing the Development and is charged with the duties and granted the powers prescribed by law and set forth in the Governing Documents.
Incur and Pay Expenses. The Association shall have the power to incur and pay the operational expenses of the Association, which shall include but not be limited to, legal and accounting services; utilities; insurance; management services; vendor services, such as security, landscaping, garbage collection, pest control, street sweeping, swimming pool maintenance, cleaning, painting, and other such services; maintenance, repair, reconstruction, and replacement of all or any portion of the Marrakesh Country Club Property, Common Areas or the personal property acquired by the Association;supplies and materials; and such other services for the use, enjoyment and protection of the Development and its Residents as the Board may determine are reasonable, proper, or desirable. The Board must establish a signature authorization policy for approving expenses and signing checks, contracts or other documents.
4.2 4.3
Marrakesh Country Club Property. The Association, by and through its Board, shall have all rights granted thereby, of the management, operation, maintenance, repair and replacement of Marrakesh Country Club Property, as well as any other obligations and responsibilities identified in the MCC Management Agreement, MCC Bylaws and other governing documents, for any personal property, improvements,
4.4 13
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fixtures, trade fixtures, real property, and any other property owned, leased or used by Marrakesh Country Club. This includes, but is not limited to, the following:
All management responsibilities related to the Marrakesh Country Club Property pursuant to the MCC Management Agreement.
As set forth in Article 14, Section 14.7 of these CC&Rs, the Board has all powers granted to it under the Governing Documents and the MCC Bylaws and other governing documents to impose and collect Marrakesh Country Club dues, assessments, fees and charges from the members of Marrakesh Country Club, and to enforce violations of Marrakesh Country Club’s governing documents.
a.
b.
Taxes and Assessments. The Association shall pay all real property taxes and assessments levied upon any portion of the Common Area not assessed to the Owners for their Lots. The Association shall be responsible for payment of taxes on furnishings and recreational equipment belonging to the Association collectively, and real property taxes and general or special assessments constituting a lien upon the Common Area, but not including taxes and Assessments levied separately against the fractional interest in the Common Area belonging to each of the Owners.
4.5 Rules and Regulations. The Board may adopt, amend, and repeal Rules including, but not limited to: (i) the use, occupancy, and maintenance of the Development; (ii) the general health, welfare, peace, comfort,safety and security of Residents in the Development; and (iii) the interpretation and implementation of the Governing Documents.
4.6 Foreclose, Hold Title and Make Conveyances. The Association is authorized to lien and foreclose upon any Lot for non-payment of Assessments, to take title to Lots, to assume or otherwise pay off encumbrances, and to acquire, hold title to, lease and convey, with or without consideration, real and personal property and interests.
4.7 Commercial Concessions. The Board may negotiate contracts and grant commercial concessions over portions of the Common Area and for the Marrakesh Country Club Property.
4.8 Utility and Cable Easements. The Association has easements to enter onto Lots as is necessary or prudent to: (i) install, maintain, repair, and replace Utility Lines serving the Common Area, Marrakesh Country Club Property or other similar systems; provided that any damage to a Owner’s Lot will be repaired at the Association’s expense and in a timely fashion to original building construction standards.
4.9 4.10 Granting Utility and Other Easements. The Board may grant and convey easements and rights of way for utilities such as wires, conduits, piping, plumbing, water lines, telephone lines, power lines, cable, storm drains, sewer lines, gas lines, and the like.
The Board may, with Membership Approval, grant and convey easements, rights of way, parcels or strips of land in, on, over or under any private street, or Common Area for the 14 557
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purpose of constructing, operating, maintaining, repairing, or replacing roads, streets, walkways, parkways and park areas.
Granting Exclusive Use Easements Over Common Area. Granting an easement for exclusive use of any portion of the Common Areas so long as the Owner assumes maintenance, repair, and replacement responsibility for such areas. By approval and recording of these CC&Rs, any Owner who has received exclusive use of any Common Area prior to these CC&RS shall be responsible for the maintenance, repair, and replacement of such area as provided under Article 6. Except for granting exclusive use of the Common Area to extend patios to the side (which was approved by the Members in 2011), if granting exclusive use of the Common Area requires approval of the Owners pursuant to Civil Code §4600, then the Board may not grant an Owner exclusive use of the Common Area without the approval of Owners representing a majority of the Lots within the Development. If any of the exceptions to the Owner approval requirement set forth in Civil Code §4600(b) apply to a grant of exclusive use of the Common Area, approval of the Owners is not required.
4.11 4.12 Borrow Money. The Association may open bank accounts, and borrow and repay monies, as needed in connection with the discharge of its duties, and pledge or assign Assessment rights, as security for the repayment of such borrowed money.
However, the aggregate total of all loans made by the Association in a given fiscal year may not exceed ten percent (10%) of the budgeted gross expenses for the same fiscal year, without Membership Approval.
4.13 Represent Association in Litigation. On behalf of the Association, the Board may institute, defend, settle, or intervene in litigation, arbitration, mediation, administrative proceedings, or any other legal proceeding in any capacity necessary to represent the interests of the Association.
Receive Property. The Association may acquire, real and personal property by will, gift, bequest or any other legal transfer. Any funds or property so received must be used consistently with the purposes for which the Association was formed.
4.14 4.15 Dispose of Property. The Association may not lease, encumber, convey, or otherwise dispose of real and personal property that has a fair market value in an amount equivalent to ten percent (10%) or more of the Association’s budgeted gross expenses for the fiscal year unless Membership Approval has been obtained. Notwithstanding the foregoing, the Board may lease, encumber, convey or otherwise dispose of Lots that have been acquired through foreclosure due to delinquent Assessments.
4.16 Capital Improvements. The following applies to Common Area Capital Improvements:
Defined. “Capital Improvement” means any substantial discretionary addition to the Common Areas or significant alterations to the appearance of the Development. A Capital Improvement does not a.
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include upgrades to Common Area materials or components which are provided for in the Reserves, upgrading from a component or material no longer manufactured, necessary or prudent to comply with building or safety codes, complying with applicable or changes in law, or to prevent property damage or personal injury, or to reduce operating or maintenance costs for the Common Areas.
10% Limitation. Capital Improvements may not be made to the Common Areas in the aggregate in any fiscal year in excess of ten percent (10%) of the Association’s budgeted gross expenses for that year, without Membership Approval.
Obsolescence. In the event the Board determines that any Common Area amenity is obsolete and the cost to remove the amenity is more than 10% of the Budget, the Board may call for a vote of the Owners to determine whether the amenity should be removed. Any such removal will require Membership Approval.
4.17 Resale Office; Business Operations. Notwithstanding anything contained within these CC&Rs to the contrary, a resale office shall be allowed to be maintained on the Development for the purpose of sale and rental of Lots/Residences located within the Development. Additionally, any prohibition of business and commercial uses within these CC&Rs shall not apply to the operation and intended usage of the Resale Office or of Marrakesh Country Club businesses, such as the pro shop, restaurant, lounge, bar, etc.
4.18 Vendor Contracts. The Association has the authority to negotiate and enter into contracts necessary to fulfill its duties. This includes services of any personnel that the Board determines are necessary or proper for the operation, maintenance, management and improvement of the Development.
4.19 Gate Control Services. The Association shall have the authority to provide for gate control service, access and ingress services, and/or patrol services for the benefit of the Development.
4.20 Delegation to Manager. The Board may delegate its duties, powers, or functions to any qualified person or management company to act as Manager, except (i) attending Board meetings and voting on motions; (ii) electing officers; (iii) filling vacancies on the Board; (iv) appointment executive committees; and (v) approving settlement agreements. Notwithstanding any delegation of duties, however, the Manager shall act at the direction and supervision of the Board.
4.21 Nonprofit Character of Association. The Association may not engage in any activity which may jeopardize the nonprofit character of the Association.
4.22 Discharge of Liens. The Association may discharge any lien against the Common Area and assess the cost thereof to the Owner or Owners responsible for the existence of the lien. Prior to any Board decision to discharge a lien, the Owner or b.
c.
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Owners responsible for the existence of the lien will be given written notice and an opportunity for a hearing before the Board.
ARTICLE 5: ARCHITECTURAL PROVISIONS
All Owners are bound by the provisions of this Article 5.
Architectural & Landscape Committee. The Board must appoint an Architectural & Landscape Committee -ALC. If the Board is unable appoint one, the Board is deemed to be the ALC. The Board may determine the duties and authority of the ALC and may authorize it to approve, reject, modify, or give conditional approvals on applications.
5.1 Architect. The Board may retain the services of an architect and one or more consultants to assist the ALC in its duties. Compensation for consultants’ services shall be fixed by the Board. The cost of such consultants and any related expenses may be charged to those Owners submitting plans for Renovations. Any significant costs must be submitted to the Owner for approval before incurred by the Association.
Conflicts of Interest.A Director or ALC member is not permitted to participate in the decision-making process of any architectural submittal made by that Director or ALC member or members of his or her family.
Further, a Director or ALC member is not permitted to participate in the decision-making process of any other architectural submittal if the approval would result in a monetary benefit to the Director or ALC member or any company in which the Director or ALC member, or members of his or her family have a financial interest
No Improvements or Alterations Without Approval. No Renovations which alter the exterior appearance of any Lot or its Improvements, interior remodel which impacts the structure of the Residence or adjoining Lot(s) or Common Area are permitted until plans and specifications have been submitted to and approved in writing by the ALC and any permits required by the City have been obtained.
The ALC, before giving such approval may require that changes be made to comply with such requirements as the ALC may, in its absolute discretion and subject to the Architectural Rules and Guidelines and California law impose as to structural features of said building or other structure, the type of building material used or other features or characteristics thereof not expressly covered by any of the provisions of this instrument, including the location of the building or other structure with respect to topography and finished ground elevation.
a.
b.
5.2 a.
The ALC and or the Architectural Rules and Guidelines may also require that the exterior finish and color, and the architectural style or b.
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character of such building or other structure maintains the architectural theme created originally by the developer John Dawson and architect John Elgin Woolf and is consistent with the general architectural style and character of such structures erected in the Development.
The exterior surface of any building or other structure in the Development shall not be repainted or refinished in a color or manner differing from the previous painting or finishing of such building or other structure until the ALC shall have given its written approval for such repainting or refinishing following the submission of an acceptable description of the work proposed to be done.
No change shall be made in the landscaping of the Common Area until an acceptable description of the proposed change is presented to the ALC, and the ALC’s written approval thereof obtained. Any such work which is unapproved, different from those approved by the ALC, or done without required permits, is automatically deemed disapproved and the Owner must promptly remove or correct the disapproved work to comply with the Architectural Rules and Guidelines, the ALC’s approvals, and other requirements.
Architectural Changes Not Requiring Prior Approval. Nothing contained in these CC&Rs shall be construed to limit the right of an Owner to (1) paint or redecorate the interior of his/her Residence any color desired and make minor repairs to the exterior of the Residence; (2) improve or alter any improvements within the interior of the Residence, provided such improvement or alteration is in accordance with the Architectural Rules and Guidelines, and does not impair or alter or impact any adjoining Lot/Residence, the Common Area, any utilities, or other systems servicing the Common Area or other Lots/Residences; or (3) landscape within the enclosed atriums, courtyards or patios maintained by the Lot Owner provided it is consistent with Architectural Rules and Guidelines specific to landscaping adopted in compliance with the Architectural Rules and Guidelines and California law and provided such landscaping does not impair or alter or impact any adjoining Lot/Residence, the Common Area, any utilities, or other systems servicing the Common Area or other Lots/Residences.
Applicants in Good Standing. Only Members in Good Standing may submit requests for architectural approval of Renovations. An Owner is in Good Standing for the purposes of any Governing Documents unless found by the Board, at a properly noticed hearing, (1) to be delinquent in the payment of any Assessment, fee, or fine, by more than sixty (60) days, or (2) otherwise in violation of the Association’s Governing Documents.
c.
d.
5.3 5.4
Right to Decorate Residence. Owners have the right to decorate the interior surfaces of the walls, partitions, ceilings, floors, and doors within their Residence, subject to any restrictions or procedures in the Governing Documents.
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Architectural Rules and Guidelines. The Board is authorized to adopt, amend, and repeal Architectural Rules and Guidelines. The Architectural Rules and Guidelines may set forth the standards and procedures for the review and approval of proposed Renovations, guidelines or requirements for architectural design, placement of any Renovation, including the exterior finish and color, and to maintain the architectural style or character of such building or other structure originally created by the developer John Dawson and the architect, John Elgin Woolf. If any conflict exists between the Architectural Rules and Guidelines and these CC&Rs, the CC&Rs shall prevail.
Rescinding Approval. The ALC and/or the Board is authorized to rescind previously approved if they believe that there is good reason to rescind such approval.
Good reason includes, but not limited to, facts not disclosed when the application was approved, or a change in the law, ordinances, or building codes.
5.6 5.7
5.8 Submission of Plans.
Plans and specifications in accordance with the Association’s Governing Documents, describing the proposed Renovations, must be submitted to the ALC by personal delivery or certified mail or other means established or accepted by the Board.
Unless approved in writing, applications are not deemed to be approved.
The ALC is authorized to impose any reasonable conditions of approving an architectural application, including, but not limited to, requiring modifications of particular aspects of the Owner’s architectural submission.
a.
b.
c.
Unless a shorter period of time is required by the ALC, renovations approved by the ALC must be completed within one (1) year of the Owner receiving approval.
Failure to Comply with Approval Requirements. Any Renovations, whether in progress or completed, which (1) were not approved by the ALC or Board when such approval is required, (2) violate the ALC’s or Board’s conditions of approval, the Association’s Governing Documents, or any applicable codes, or other laws, or (3) were performed by an unlicensed contractor (where a licensed contractor was required by law, the Governing Documents, or the ALC’s conditions of approval), are automatically deemed disapproved and in violation of the Governing Documents.
Appeal to the Board. Applications that are disapproved must be in writing and must explain why the proposed Renovation is disapproved. The Owner is permitted to seek reconsideration of a disapproved application by the Board, unless the proposed Renovations were disallowed because they would violate the Association’s Governing Documents, any Building, Safety and Fire Codes, or any other laws. The Owner seeking reconsideration must submit a written request to the Board not more than forty-five (45) days after the denial. Within forty-five (45) days after receipt of the request for d.
5.9 5.10
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reconsideration, the Board must hold an open meeting to consider the reconsideration and decide. Failure of the Board to decide within the forty-five (45) day period is deemed a decision in favor of the Member.
5.11 Review Fees and Construction Agreement. The Board may establish a schedule of fees to defray any costs incurred by the Association, including architectural and/or engineering consultant fees, legal fees, and expenses for reviewing plans. In addition, the Board is authorized to adopt and require Owners to sign a remodeling agreement.
5.12 Variances. The ALC is permitted to recommend reasonable architectural variances, subject to Board approval. The Board may grant the variance if it determines that the variance will not (i) constitute a material deviation from the overall plan and scheme of the Development, (ii) result in a material detriment to the Association or any Owner, or (iii) create a nuisance in the Common Area or affect any other Owner. The granting of a variance by the Board in no event be deemed a variance or waiver as to any other Lot, nor will any variance affect the applicability or enforceability of any provision of this Article in respect to any other Lot.
5.13 Engineering and Code Requirements. Plans and specifications approved by the ALC or Board are not approved for engineering design, building, safety or fire codes, or other safety specifications. Approval by the ALC or Board does not absolve Owners of the responsibility of obtaining any necessary governmental approvals or permits. Owners must ensure compliance with applicable building, safety and fire codes, ordinances, and specifications. If any Renovation requires a permit by the City or other governmental entity, such Renovation will not be approved without obtaining any and all required permits. The Owner is solely responsible for determining whether permits are required.
5.14 Inspection. The Association has the right, but not the obligation, to periodically inspect any work approved by the ALC or Board. Prior to performing such inspection, the Owner shall be provided with notice of the entry as set forth in Article 12 of these CC&Rs. Owners must allow inspection and entry onto the Lot and into the Residence, if necessary for such inspection. Any work in progress may be halted and the Owner will be subject to a fine if (1) an inspection is not allowed, or (2) the Renovations are in violation of the Governing Documents as provide in the Section above entitled “Failure to Comply with Approval Requirements” or elsewhere. Such inspections do not absolve Owners from compliance with the Governing Documents and applicable codes.
5.15 Enforcement. In addition to other enforcement remedies set forth in these CC&Rs and the Governing Documents, and in compliance with California law, the Board or ALC shall have enforcement rights with respect to any matters required to be submitted to and approved by it, and may enforce such architectural control by any proceeding at law or in equity in accordance with this Section. The Board or ALC shall have the authority to impose fines and penalties on contractors or their subcontractors for failure to adhere to contractor rules as outlined in the Architectural Rules and Guidelines. 20 563
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Penalties may include exclusion from the privilege of entering the Development in the case of certain offenses, as indicated in the Architectural Rules and Guidelines.
No work for which approval is required shall be deemed to be approved simply because it has been completed without a complaint, notice of violation or commencement of a suit to enjoin such work. a.
The Board or ALC shall have the authority to order an abatement of any construction, alteration or other matter for which approval is required to the extent that it has not been approved by the Board or ALC or if it does not conform to the plans and specifications submitted to and approved by the Board or ALC.
b.
The approval by the ALC of any plans, drawings or specifications for any work of improvement done or proposed, or for any other matter requiring the approval of the ALC under this Declaration, or any waiver thereof, shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing, specification or matter subsequently submitted for approval by the same or some other Owner.
Different location for improvements, the size of the structure, proximity to other residences or the Common Area and other factors may be taken into consideration by the Board or ALC in reviewing a particular submittal.
c.
5.16 Building Department and Association Approvals. Any Renovation requiring the issuance of a building permit must be submitted by the Owner to the appropriate governmental entity for review and approval. The ALC may impose conditions of approval which are more restrictive than conditions imposed by governmental agencies. If the conditions of approval imposed by the governmental entity and the ALC conflict, the more restrictive conditions control.
5.17 Mechanics' Liens. Owners must ensure that no lien is placed against any other Lot, or against the Common Areas for labor or material furnished to their Lots. If a lien is placed against the Common Areas and/or another Owner’s Lot, and the responsible Owner does not immediately cause the removal of the lien, the Association may, after written notice to the responsible Owner, pay the amounts necessary to have the lien removed and levy a Reimbursement Special Assessment against the responsible Owner for the monies advanced and any fees and costs incurred by the Association.
5.18 Hold Harmless and Indemnify. Approval of plans by the Association signifies only a general conformance with its Architectural Rules and Guidelines and not with any code compliance, lot lines, easements, or best construction practices. The Association and its ALC, Owners, Officers, Directors, employees, and agents are not liable and must be held harmless, defended and indemnified for mistakes in judgment or negligence arising out of or in connection with the Association’s approval or disapproval of plans.
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5.19 No Combining Lots. The combining of Lots is not allowed within the Development.
5.20 Drainage. Any changes to the established drainage patterns over a Lot (i) must comply with applicable codes (ii) must not adversely affect the property of others, and (iii) must be approved in writing by the ALC in advance of any changes.
5.21 Occupancy of Unfinished. Temporary or Mobile Structures Prohibited. No trailer, RV, bus, mobile home, tent, shack, garage, temporary building or structure of any kind shall be occupied or lived in at any time. Permanent residential dwellings will not be occupied or lived in until they have been completed and the exterior is made to comply with the Architectural Rules and Guidelines.
5.22 Removal of Temporary Buildings. Temporary buildings or structures used during construction or remodeling shall be removed immediately after the completion of construction.
5.23 Waiver of Liability. Neither the ALC or its members nor the Association or its Officers, Directors, employees or agents will be liable for any damage, loss or prejudice suffered or claimed on account of the ALC’s review, approval, or disapproval of any plans, drawings or specifications, or the conformance of the construction with the approved plans.
ARTICLE 6: MAINTENANCE, REPAIR AND REPLACEMENT OBLIGATIONS Owner’s Maintenance, Repair and Replacement. All maintenance, repair and replacement performed by Owners must comply with current laws, codes and ordinances, in addition to the Governing Documents. Except for those duties specifically assigned to the Association or otherwise stated below, Owners, at their sole expense, are responsible for the maintenance, repair and replacement of their Lots, Improvements thereon as further described in the Maintenance Responsibility Chart attached to these CC&Rs as Exhibit F. Additionally, Owners’ obligations include, without limitation, the following:
6.1 Alterations. All alterations, modifications, improvements, remodels, and renovations including those by prior owners or by any party other than the Association to the Lot or any Common Area granted to the Owner, including upgrades and changes to driveways, walkways, etc.
Utility Lines. All Utility Lines located on the Lot. Additionally, all Utility Lines that exclusively serve two Lots but are located outside the boundaries of the Lots are the Owners’ responsibility to maintain, repair and replace. The following also applies:
a.
b.
Water. The Association will be responsible to repair breaks and/or stoppages in the water supply lines caused by roots of l.
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trees in Common Area. Owners must promptly report any such breaks or stoppages to the Association.
Telephone, Cable TV, Internet. All wires or conduits providing telephone, cable television and/or internet services to the Lot, wherever located within the Development.
Sewer Lines. The Association will be responsible to repair breaks and/or stoppages in the sewer lines caused by roots of trees in Common Area. Owners must promptly report any such breaks or stoppages to the Association.
Weeds and Trash/Rubbish. Owners must keep their Lots free and clear of all weeds, debris and rubbish, and keep all shrubs, trees, grass, vegetation, and plantings of every kind neatly trimmed, watered, cultivated and free of weeds and other unsightly material. Owners will use only permitted trash receptacles and ensure that such receptacles are visible from the Common Areas only on scheduled trash pick-up days in accordance with the requirements of the City or County and as provided for in the Rules.
Exterior Maintenance/Paint. Although the Association paints the exterior Owners must prevent their Lots from becoming unsightly by reason of deterioration of paint or other materials and do all other things necessary and desirable to keep his/her Lot neat, clean, attractive and in good order.
n.
ill.
c.
d.
Sidewalk and Street Encroachments. Owners must ensure that no tree, shrub or planting of any kind on their Lot overhang onto a walkway or street and no vegetation overhang less than ten (10) feet above the walkway or street.
e.
Concrete and Paver Driveways. The concrete and paver driveways on the Lots.
f.
Fences. Unless otherwise agreed to by the affected Owners, Owners who have fences separating their Lots which are not maintained by the Association will equally have the right to the use and enjoyment of the fence equally be liable for maintaining, repairing and replacing the fences. Notwithstanding the foregoing, if fences are damaged due to the negligence or willful misconduct of an Owner, Owner’s Tenant, or their respective family, guests, invitees or pets, such Owner will bear the full expense of the repair.
Insects and Plant Diseases. No thing or condition may be permitted to exist upon any Lot which shall induce, breed or harbor infectious plant diseases or noxious insects.
gh.
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Termites and Pests. Owners will bear the costs of any damage to their Lot caused by the presence of wood-destroying pests or organisms (including microorganisms) and must treat and/or repair, at Owner’s expense, the areas of their Lot infested or damaged by such presence irrespective of the source of the pests or organisms.
Garage Doors. Garage doors, door frames, thresholds, weather stripping, locks, and related hardware.
l.
JFireplaces. All components of the fireplace located inside and outside the Residence, including flues, fireboxes, fireplace mantles, the chimney and the chimney cap.
k.
1. Patios. Patio areas and such areas may not be used for storage purpose.
Skylights. Skylights, including glass, hardware and components thereof.
m.
Drainage Structures. Owners must maintain all drainage courses, ditches and swales on their Lots free and clear of all obstructions, and shall maintain all such drainage ditches, swales and culverts in good order.
n.
Owners shall not alter or obstruct a natural drainage course, or materially add to the natural water volume of a drainage course without making adequate provisions with respect to
neighboring Lots and Common Areas. Any such alterations, obstructions or additions to water volume must have the prior written approval of the ALC.
l.
All drainage structures, culverts and canals improved by the Association for the major collection of storm runoff and any natural drainage courses within Common Areas shall be
maintained, repaired and replaced by the Association.
li.
Easement for Maintenance. Each Owner will have easements across adjacent Lots and Common Areas as may be necessary for installing, maintaining, repairing, or replacing any Improvement and component he/she is responsible for as provided herein. Access to other Lots and Common Areas will be limited to a reasonable work area and for a reasonable time. Except in emergencies, reasonable notice and consent, which may not be unreasonably withheld, to perform such work must be obtained from the affected Lot Owner and/or the Association for Common Area access.
Immediately after the work is completed, Owners must restore Lots and/or Common Areas to the same or better condition prior to such work. Such restoration work on affected Lots and Common Areas will be done at the Owner’s sole expense and completed in timely fashion but no later than three (3) months from completion of the Owner’s work to their Improvement.
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Water Damage and Mold. Each Owner is responsible for water intrusion into their Lot and resulting damage and remediation, including mold, which intrusion stems from the Common Area or Marrakesh Country Club Property unless the Association’s gross negligence or willful misconduct caused the damage. Owners are also responsible for such flood and water damage, including damage to Common Area, Marrakesh Country Club Property and other Lots, negligently caused by the Owner, Owner’s Tenant or their respective family, guests, or invitees, or caused by Owner’s failure to mitigate damage by promptly reporting signs of water entry and leaks. Each Owner must regularly inspect their Lot for plumbing leaks, water accumulation, water intrusion through windows, doors, and roofs and signs of mold. Owners must periodically inspect Utility Lines serving their Lot for same purposes.
Association Maintenance, Repair, and Replacement Responsibilities.
Except as specifically allocated as a maintenance, repair or replacement responsibility of the Owner pursuant to the Maintenance Responsibility Chart attached hereto as Exhibit “F”, the Association shall be responsible for the maintenance, repair and replacement of those items allocated to the Association pursuant to the Maintenance Responsibility Chart or, if there is no such allocation in the Maintenance Responsibility Chart, all Common Area and Marrakesh Country Club Property items under these CC&Rs or under California law, or as contained within the MCC Agreement with Marrakesh Country Club, including the following:
6.3 6.4
Marrakesh Country Club Property. The Marrakesh Country Club Property amenities, including, without limitation, the golf course, driving range, clubhouse, pro shop, tennis/pickleball courts, croquet court, restaurants, landscaping, streets, administration building, parking lot, and improvements will be repaired, maintained, and replaced in the manner in which it historically has been maintained.
The value of the Lots is specifically dependent upon the continued maintenance, repair, and upkeep of the Marrakesh Country Club Property facilities and amenities, whether the Lot Owners are Social, Golf or Full Members in Marrakesh Country Club.
a.
Common Area Amenities. The swimming pools and all other recreational equipment and facilities located within the Common Areas.
b.
Gates, Private Streets. All gates and private streets located within the Common Area and Marrakesh Country Club Property. This includes concrete and asphalt pavement (except concrete driveways or pavers on Lots), and all unassigned and guest parking areas.
c.
Common Area Fences.All Common Area fences. However, Owners shall keep those portions of Common Area fences which face their Lots in a clean and neat condition, including the removal of all weeds.
Owners must remove other vegetation and materials from around the fences when so requested by the Association.
d.
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Buildings and Equipment. All portions of buildings and equipment owned by the Association, as well as all furnishings, equipment and property which is owned by or may be acquired by the Association.
The Association may discontinue the use of or dispose of equipment or buildings as it deems appropriate.
Landscaping.All Common Area and Marrakesh Country Club
Property landscaping, irrigation and landscape lighting, including trees, shrubs, lawns, drainage facilities, fountains and other items.
Lot Landscaping. The landscaping, irrigation and landscape lighting of the front yard up to the courtyard wall and the side yards, up to the patio wall.
Utility Lines. All Common Area or Marrakesh Country Club Property Utility Lines and services not otherwise maintained by a utility company; provided, however, that all Utility Lines designed to serve two (2) Lots or less but located outside the boundaries of said Lots are allocated exclusively to those particular Lot Owners and are to be maintained, repaired and replaced by said Owners.
Residence Exterior Painting.Repainting of exterior surfaces of the Residences as the Board deems necessary to preserve the attractiveness of the Development. Currently, the Association paints the exterior every nine (9) years and the trim/facia every four and a half years (4 Vi) but Board has the discretion to divert from this schedule as it deems appropriate, but no more frequently as every two (2) years. Owners may contract individually with the Association or its painting contractor for areas not painted by the Association or unscheduled painting; however, Owners may not be exempted from the Association’s regularly scheduled painting and all Owners will be assessed for such work.
e.
f.
gh.
Termites and Pests. Treat and repair Common Areas and Marrakesh Country Club Property infested or damaged by insects, rodents, and wood destroying pests or organisms (including microorganisms). The Association is authorized to impose a Special Assessment for the cost of the treatment and/or repairs.
Areas Outside Development. The Association shall maintain such areas adjacent to the Development as the Board shall determine from time to time to be desirable in order to enhance the appearance of the Development or as may be required from time to time by the City or other applicable governmental agency, and pursuant to the terms of any Agreement, with Marrakesh Country Club.
J -
k.
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 23, 2025
PREPARED BY: Carlos Flores, AICP, Deputy Director of Development Services SUBJECT: APPROVE A ZONING ORDINANCE AMENDMENT TO PERMIT SINGLEFAMILY DWELLINGS AND DAY CARE CENTERS IN THE DOWNTOWN
EDGE TRANISITION OVERLAY
RECOMMENDATION:
Hold a public hearing and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO MODIFY TITLE 25 (ZONING) OF THE PALM DESERT
MUNICIPAL CODE TO ADD SINGLE FAMILY RESIDENTIAL AND DAY CARE CENTERS AS AN ALLOWED LAND USE TYPE AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” BACKGROUND/ANALYSIS:
Executive Summary
On August 28, 2025, the City Council adopted Ordinance 1435 to approve a General Plan Amendment (GPA) and approved Resolution 2025-063 to approve a Zoning Text Amendment (ZOA) to include the following:
GPA (Case File GPA25-0001):
Add language explicitly allowing single-family dwellings in City Center/Downtown, near residential edges (Alessandro Dr, Shadow Mountain Dr, Tumbleweed Ln). Remove 12-unit/acre minimum density and set maximum density at 40 units/acre. Revise and clarify language in the “Intent and Purpose” section of the City Center/Downtown land use designation to reinforce the allowance of moderate- to highintensity mixed-use development and explicitly state that hotel uses are permitted.
ZOA (Case File ZOA25-0001):
Amend Chapter 25.18.040 (Land Use and Permit Requirements) to:
o Permit single-family dwellings by right in DE-O (instead of being prohibited) o Allow day care centers with a Conditional Use Permit (CUP) in DE-O Staff previously presented ZOA25-0001 for approval via resolution in error; it should have been brought forward as an ordinance. As a result, ZOA25-001 is being recirculated for public hearing as an Ordinance. GPA25-0001 is not affected and is considered approved, as per Ordinance 1435. The background/analysis that follow are repeated from August 28, 2025, staff report. 571
City of Palm Desert
ZOA25-0001
BACKGROUND/ANALYSIS:
On November 10, 2016, the City Council adopted Resolution No. 2016-86, which certified an Environmental Impact Report (EIR) for a comprehensive update of the City’s General Plan, and Resolution No. 2016-87, which adopted the City’s General Plan update. This update established the City Center/Downtown land use designation in the Highway 111 area. The intent of the City Center/Downtown designation is to provide high intensity mixed-use development anchored by civic, cultural, entertainment, retail, and dining activity.
At the November 2016 meeting, the City Council also passed Ordinance No. 1313, approving the One Eleven Development Code, and passing it to a second reading on December 8, 2016.
The One Eleven Development Code is the zoning document for the Highway 111 Corridor area located along Highway 111, generally east of Monterey Avenue/Highway 74 and west of Deep Canyon Road. The One Eleven Development Code also includes areas adjacent to the El Paseo Shopping District, San Pablo Avenue, and transitional areas along Alessandro Drive and Shadow Mountain Drive. The intent was to provide for a mixture of residential, commercial, and office land uses oriented around pedestrian-oriented spaces and walkable streets within the City Center/Downtown land use designation.
Ordinance No. 1313 established zoning regulations for development and land uses within the City Center/Downtown, including the establishment of two (2) zoning districts, four (4) overlay districts, and one special district as shown in Figure 1 below:
- Downtown (D) District
- Downtown Core Overlay (D-O)
- Downtown Edge (DE) District
- Downtown Edge Transition Overlay (DE-O)
- El Paseo Overlay
- San Pablo Overlay
- Civic/Open Space Special District
Figure 1 – Downtown Zoning Map
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City of Palm Desert
ZOA25-0001
Ordinance No. 1313 created Chapter 25.18.040 within the Palm Desert Municipal Code (PDMC), which established which uses are permitted by right, require a use permit, or are prohibited, broken down by district or overlay. Per Chapter 25.18.040, single-family dwellings are permitted by approval of a conditional use permit in the D and DE Districts and the D-O. They are prohibited within the DE-O.
The DE-O is focused along the edges of the City Center/Downtown land use area, abutting Alessandro Drive, Shadow Mountain Drive, and Tumbleweed Lane. The DE-O is mostly comprised of a mixture of residential uses, with occasional nonresidential uses. The DE-O currently has single-family dwellings located on multiple parcels, which are currently considered legal nonconforming given that their construction and use were prior to the approval of Ordinance No. 1313. New single-family dwellings are currently prohibited from construction within DE-O. If any existing single-family dwelling within the DE-O is vacated for six (6) months, it is not allowed to re-establish itself as a single-family dwelling and must conform with a permitted use pursuant to Chapter 25.18.040.
Day care centers are also prohibited within the DE-O. Day care centers are defined in the PDMC as “A commercial or nonprofit child or adult day care facility not operated as a small or large family day care home. Includes infant centers, preschools, extended day care facilities, and facilities for adults who require supervision and care because of advanced age, mental or physical deterioration, dementia, Alzheimer's disease, or similar disabling condition. These may be operated as part of a business, school, or religious facility, or as an independent land use.” Large and small family day care centers are permitted by right in DE-O and educational institutions are allowed with approval of a Conditional Use Permit (CUP). Historically, Day care centers were allowed on parcels within the DE-O, such as the building at 44911 Cabrillo Way, which was the former site of the “Wallaroo Kids Learning Center daycare/preschool facility” approved by CUP 04-18. This building would currently be prohibited from being used as a new daycare/preschool.
Figure 2 – DE-O Locations
573
City of Palm Desert
ZOA25-0001
On June 5, 2025, staff met with the Downtown Subcommittee to discuss future planning objectives and goals for the downtown area. During the meeting, staff presented information highlighting inconsistencies between the General Plan and the Zoning Ordinance. It was explained that these discrepancies would be brought before the Planning Commission and City Council for further discussion and a determination on how best to move forward with the planning objectives.
Project Description:
ZOA25-0001 amends Chapter 25.18.040 to make single-family dwellings within the DE-O permitted by right instead of prohibited. In City staff’s review of the City Center/Downtown land use areas, the DE-O is the only area where single-family dwellings currently exist but the only zoning designation where it is currently prohibited.
The ZOA25-0001 would also amend the same Chapter 25.18.040 to allow Day care centers with approval of a Conditional Use Permit (CUP). The DE-O allows for all other types of day cares and educational institutions but prohibits Day care centers, which are allowed in the D and D-O zoning districts with approval of a CUP.
DE-O areas are appropriate for the continued use of existing single-family dwellings, for future construction of new single-family dwellings, and for future use of Day care centers. DE-O is located in areas that strategically abut residential and nonresidential areas to create an appropriate transition between downtown and surrounding residential areas. If approved, the change would remove existing nonconformities, would not establish any new nonconformities, and would be consistent with the General Plan, as amended by Ordinance 1435.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
Planning Commission Recommendation:
On July 15, 2025, the Planning Commission held a duly noted public hearing and adopted Planning Commission resolution No. 2895 which recommended the City Council approve GPA/ZOA 25-0001, as presented.
Environment Review:
The City’s Development Services Department finds that this is not a “project,” as defined in the California Environmental Quality Act (CEQA) because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedures. Pursuant to Section 15061(b)(3) General Rule of the CEQA Guidelines of the CEQA Guidelines, CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
This Project itself does not have the potential to impact the physical environment. 574
City of Palm Desert
ZOA25-0001
Public Input
Public noticing was conducted for October 23, 2025, City Council meeting per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094 and 65854. This includes the requirements of Section 65854 recently updated pursuant to Assembly Bill 2904. A public hearing notice was published a minimum of 20 days before the hearing date in The Desert Sun newspaper on October 2, 2025. City staff has received no comments on the project as of the date of this report.
FINANCIAL IMPACT:
There is no financial impact associated with this action.
ATTACHMENTS:
1. Draft Ordinance
a. Exhibit A Zoning Ordinance Amendment
2. Public Hearing Notice
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576
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESEERT, CALIFORNIA APPROVING A ZONING ORDINANCE
AMENDMENT TO MODIFY TITLE 25 (ZONING) OF THE PALM DESERT
MUNICIPAL CODE TO ADD SINGLE FAMILY RESIDENTIAL AND DAY
CARE CENTERS AS AN ALLOWED LAND USE TYPE AND MAKING A
FINDING OF EXEMPTION UNDER CEQA.
CASE NOS. ZOA25-0001
WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Palm Desert (“City”) zoning laws, ordinances, rules and regulations;
WHEREAS, the Zoning Ordinance Amendment (“Project”) is initiated by the City of Palm Desert Development Services Department and modifies Title 25 (Zoning) of the Palm Desert Municipal Code to add single family residential and day care centers as allowed land use types; and
WHEREAS, the City has complied with the requirements of the Local Planning and Zoning Law (Government Code section 65100 et seq.), and the City’s applicable ordinances and resolutions with respect to approval of amendments to Title 25 of the Palm Desert Municipal Code (“Zoning Ordinance”); and
WHEREAS, the proposed Project would not create any nonconforming uses or structures and makes the Municipal Code and General Plan consistent with existing structures and uses; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and
WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA Implementation Requirements, the City of Palm Desert Development Services Department has determined that the Project will not have a significant impact on the environment under Section 15061(b)(3) General Rule of the CEQA Guidelines of the CEQA Guidelines; therefore, no further environmental review is necessary; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of July 2025, hold a duly noticed public hearing to consider the request for approval of the above-noted Project request and adopted Planning Commission Resolution 2895 recommending the City Council approve said Project; and 577
2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th of August, 2025, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request and approved Council Resolution 2025-063. Resolution 2025-063 was approved in error as it should have been brought forward as an Ordinance, as it is being introduced today; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd day of October 2025, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:
SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. General Plan Consistency. There is a substantial public benefit to be derived from the Zoning Ordinance Amendment and the proposed amendment furthers the goals of the General Plan. The Zoning Ordinance Amendment is in line with the General Plan, as amended via General Plan Amendment 25-0001, approved by the City Council on August 28th, 2025 as Ordinance 1435.
The approved General Plan Amendment clarified that single family residential units are allowed within the City Center/Downtown designation, which is consistent with the Palm Desert Municipal Code and with existing single family residential units constructed and used within the area. The removal of a minimum density allows additional opportunities for development of sites within the area to increase the amount of housing units. The General Plan Amendment clarified original intention and existing uses for the City Center/Downtown.
SECTION 3. CEQA Determination. The City Council finds that the Project is this is not a “project,” as defined in the California Environmental Quality Act (CEQA) because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedures.
SECTION 4. Council Resolution 2025-063 Rescinded. The City Council hereby rescinds Council Resolution 2025-063, which mistakenly approved this Project as a Resolution instead of as an Ordinance on August 28, 2025.
SECTION 5. Zoning Ordinance Amendment. The City Council approves the Zoning Ordinance Amendment presented, as depicted in Exhibit “A.” 578
3 SECTION 6. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 7. Posting and Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.
ADOPTED ON ______.
JAN HARNIK
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Ordinance __ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on______, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 2025.
ANTHONY J. MEJIA
CITY CLERK
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4 EXHIBIT A
580
§ 25.18.040. Land Use and Permit Requirements.
Table 25.18-1 (Use Matrix for Downtown Districts) identifies allowed uses and corresponding permit requirements for the downtown districts and all other provisions of this title. Descriptions/ definitions of the land uses can be found in Chapter 25.99 (Definitions). The special use provisions column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title.
Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations).
TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS
P = use permitted by right
A = use requires administrative use permit
C = use requires approval of conditional use permit
N = use not permitted
Land Use
Zone Special Use
D D-O DE DE-O Provisions
Residential Uses
Accessory dwelling unit P P P P 25.34.030
Assisted Living N N N C
Condominium C
1 C1 C C 25.16.040.B
Dwelling, duplex C
1 C1 C P 25.16.040.B
Dwelling, multifamily C
1 C1 C P 25.16.040.B
Dwelling, single-family C
1 C1 C N P 25.16.040.B
Group home C
1 C1 C N 25.16.040.B
Junior accessory dwelling unit P P P P 25.34.030
Home-based business P
4 P4 P4 P4 25.34.020
Agriculture-Related Uses
Garden, private C
1 C1 N P
Greenhouse, private N N C P
Horticulture, private N N C P
Recreation, Resources Preservation, Open Space, and Public Assembly Uses Club, private N N N C
Day care center C
1 C1 N N
Day care, large family N N N P 25.10.040.F
Day care, small family N N N P
Institution, educational N N C C
City of Palm Desert, CA
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1 581
Land Use
Zone Special Use
D D-O DE DE-O Provisions
Institution, general N N C C
Institution, religious N N C C
Mechanical or electronic games, < 4 P
1 P1 P N
Mechanical or electronic games, > 5 C
1,2 C1,2 C N
Recreational facility, incidental N N N C 25.10.040.H
Recreation facility, private N N N P
Recreation facility, public N N N C
Retail, Service, and Office Uses
Accessory massage establishments P P P N 25.34.160
Ancillary commercial N N A N 25.16.040.E
Animal Clinic C
1,6 C1,6 C1,6 N 25.34.210
Art gallery P P P A
Art studio P
1 P1 A A
Book and card shops P P N N
Bed and breakfast N N C C
Cannabis storefront retail C N C N 25.34.120
Cannabis testing and research
laboratory
N N N N 25.34.120
Clothing and apparel shops P P P N
Convention and visitor's bureau P
1 P1 C N
Drugstore P
1 P1 N N
Financial institution P
1 P1 C N
Furniture stores and home furnishings P P P N
Gift and accessories boutiques
(including small antiques)
P P P N
Grocery store < 35,000 SF C
1 C1 N N
Health club, gyms or studios C
1,2 C1,2 C2 N
Hotel C C C C
Independent stand-alone massage
establishments
P
1 P1 C N 25.34.160
Jewelry shops P P P N
Liquor store P
1 P1 N N
Liquor, beverage, and food items shop P
1 P1 N N
Luggage shops P P P N
Medical, clinic P
1 P1 P N
City of Palm Desert, CA
§ 25.18.040 § 25.18.040
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Zone Special Use
D D-O DE DE-O Provisions
Medical, office P
1 P1 P A5
Medical, hospital P
1 P1 C C
Medical, laboratory N N P N
Mortuary C
1 C1 N N
Office, professional P
3 P3 P3 P3 25.28.040.C
Office, local government P
1 P1 P N
Office, neighborhood government N N N C
Office, travel agency P
3 P3 P N 25.10.040.K
Outdoor sales A
1 A1 A N
Personal services P P P N
Restaurant C
2 C2 C1 N 25.16.040.H
Retail P P P N
Retail, bulky items P
1 P1 C N
Retail, Golf carts and neighborhood
electric vehicles (NEV)
C N C N 25.34.190
Spa P P P C
Sundries shops (general merchandise) P P P N
Time-share project C
1 C1 N N
Utility, Transportation, Public Facility, and Communication Uses Fire station C C C C
Commercial communication tower C C C
Commercial parking lot P P C C 25.10.040.I
Office parking lot N N N C 25.10.040.L
Public service facility N N N C
Utility facility N N N C
Utility installation C C N N
Automobile and Vehicle Uses
Automotive rental agency P P C N
Automotive service station C C N N
Temporary Uses See Section 25.34.080
1 Uses prohibited along El Paseo facing ground floor frontages. 2 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on parking, traffic, or other impacts. 3 Office professional uses along El Paseo facing ground floor frontages within the El Paseo Overlay district may be allowed subject to a conditional use permit per Section 25.28.040(El Paseo Overlay district).
City of Palm Desert, CA
§ 25.18.040 § 25.18.040
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5. Medical offices existing and operating with an appropriate City business license prior to 2023 are permitted by right to continue operating without requiring an administrative use permit.
6. Use only permitted on properties with frontage along Highway 111. (Ord. 1313, 2016; Ord. 1329 § 4, 2017; Ord. 1350A § 2, 2019; Ord. 1358 § 2, 2020; Ord. 1393 § 12, 2023; Ord. 1405 § 2, 2023; Ord. No. 1416, 8/22/2024) City of Palm Desert, CA
§ 25.18.040 § 25.18.040
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C I T Y O F P A L M
D E S E R T 73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-776-6483
[email protected]
CITY OF PALM DESERT
PUBLIC HEARING NOTICE
CASE NO. ZOA 25-0001
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO APPROVE A ZONING ORDINANCE AMENDMENT TO MODIFY TITLE 25 (ZONING) OF THE PALM DESERT
MUNICIPAL CODE TO ADD SINGLE FAMILY RESIDENTIAL AND DAY CARE CENTERS AS
AN ALLOWED LAND USE TYPE AND FINDING THE PROJECT IS EXEMPT FROM FURTHER
ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the California Environmental Quality Act (CEQA), has determined the project to be exempt from further environmental review pursuant to CEQA Guidelines Section §15061(b)(3).
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: The project is a Zoning Ordinance Amendment to amend Chapter
25.18 of the Palm Desert Municipal Code to allow single family residential and day care centers in the Downtown Edge-Overlay (DE-O) zoning district. The project will affect the approximately 226± acres of land in the City of Palm Desert that is currently designated City Center/Downtown.
PLANNING COMMISSION RECOMMENDATION: At its regular meeting on July 15, 2025, the City of Palm Desert Planning Commission adopted a resolution recommending the City Council approve of the project.
PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing at its meeting on October 23, 2025. The City Council meeting begins at 4:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert, California.
Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person. Options for remote participation will be listed on the Posted Agenda for the meeting at https://www.palmdesert.gov/connect/city-council.
COMMENT ON THIS APPLICATION: Those wishing to comment on this application may either appear in person at the public hearing or submit written comments, which must be received by 10:00 a.m. on the day of the hearing. Written comments should be sent to the City of Palm Desert at 73510 Fred Waring Drive, Palm Desert, California 92260, Attention: City Clerk, or emailed to:
Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk at or prior to the public hearing. (Government Code Section 65009[b][2]).
Si necesita ayuda con esta notificación por favor llame a la Ciudad de Palm Desert y comuníquese con Damian Olivares (760) 346-0611.
PUBLISH: THE DESERT SUN ANTHONY MEJIA, MMC, CITY CLERK
October 2, 2025 CITY OF PALM DESERT, CALIFORNIA
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