Protect Our Neighborhoods v. City of Palm Springs

STATEMENT OF FACTS

A. The “Zoning Code” Chapter of the Municipal Code.

Chapters 91 through 94 of the Municipal Code 1 are entitled “Zoning Code.”

Under the Zoning Code, the uses allowed without a permit in a single-family

residential (R-1) zone include (1) use as a “[p]ermanent single-family dwelling[]” and (2)

“uses customarily incident to the permitted uses when located on the same lot therewith.”

(Mun. Code, § 92.01.01.A.)

All citations to the “Municipal Code” or “Mun. Code” are to the Palm Springs Municipal Code.

3 “Dwelling” is defined as “a building or portion thereof designed exclusively for

residential occupancy . . . , but not including hotels, boarding or lodging houses, or

mobilehomes or trailers, except when installed on a permanent foundation, or motorized

homes.” (Mun. Code, § 91.00.10.B.)

All uses not expressly permitted are prohibited. (Mun. Code, § 92.01.02.) In

addition, in an R-1 zone, “[c]ommercial uses” “shall not be permitted . . . by commission

determination . . . .” (Mun. Code, § 92.01.02.A.) “‘Commission’ means the planning

commission of the city of Palm Springs.” (Mun. Code, § 91.00.10.B.)

B. The “Vacation Rentals” Chapter of…