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HomeMy WebLinkAbout2042ORDINANCE NO.2042 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 91, CHAPTER 92, CHAPTER 93, AND CHAPTER 94 OF THE PALM SPRINGS ZONING CODE, AND AMENDING SECTION 9.63.080 OF THE PALM SPRINGS MUNICIPAL CODE TO ADOPT REVISIONS TO THE ARCHITECTURAL REVIEW PROCESS AND ASSOCIATED ENTITLEMENT PROCESSES. City Attorneys Summary This Ordinance amends the Palm Springs Zoning Code and Municipal Code to streamline entitlement processes. The Ordinance proposes the adoption of a separate Development Permit process, a shortened Architectural Review process, and eliminates duplicate reviews by the Planning Commission and Architectural Advisory Committee. To reduce entitlement timeframes, the Planning Commission will be granted final approval authority for Tentative Map applications and Conditional Use Permits, and the Architectural Advisory Committee will have final action on Sign Programs and architectural review for hillside homes. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and B. Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm Springs may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and C. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the Development Services Director is authorized to initiate proceedings and recommend amendments to the Zoning Code; and D. On March 10, 2021, the Planning Commission conducted a duly noticed public hearing to consider Case No. 5.1526 ZTA, an ordinance amending the Zoning Code to amend portions of Chapter 91, Chapter 92, Chapter 93, and Chapter 94 (the Ordinance No. 2042 Page 2 "Zoning Text Amendment") and, by a 6-0 vote, approved Resolution #6848 recommending approval of the Zoning Text Amendment to the City Council; and E. Notice of a public hearing of the City Council of the City of Palm Springs to consider the Zoning Text Amendment was given in accordance with applicable law; and F. On March 25, 2021, a duly noticed public hearing on the proposed Zoning Text Amendment was held by the City Council in accordance with applicable law where, by a 4 to 0 vote, the City Council adopted the Zoning Text Amendment; and G. The proposed Zoning Text Amendment Ordinance is not subject to the California Environmental Quality Act ("CEQA") (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) of the State Guidelines, because the Zoning Text Amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is not a "project" as that term is defined in Section 15378 of the State CEQA Guidelines. As projects are submitted and reviewed for compliance with this Zoning Text Amendment, the City will conduct CEQA review as required by law; and H. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zoning Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented; and I. The City Council hereby finds that approval of the proposed Zoning Text Amendment would: 1. Reduce the timeframe necessary to obtain approval for development permits, architectural review, and other entitlement applications; 2. Simplify the architectural review process by eliminating the current overlap of responsibilities of the Planning Commission and the Architectural Advisory Committee and clearly defining the roles of each body; 3. Eliminate duplicative reviews while maintaining opportunities for members of the public to comment on development applications; and 4. Enhance customer service through the use of pre -submittal conferences for development permit and architectural review applications as a means to assist applicants in understanding code requirements and the entitlement process. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance. Ordinance No. 2042 Page 3 SECTION 2. Rescind and replace PSMC (Palm Springs Municipal Code) Section 9.63.080(a) ("Review of Maps by Advisory Agency") relative to the approval process for tentative maps as follows: (a) The Planning Commission shall make investigations, reports and recommendations on the design and improvement of any proposed division of real property for which a tentative map is required. The Planning Commission shall have the authority to impose requirements and conditions upon such tentative maps. The Planning Commission shall have the authority to make necessary findings as required by this title and the Subdivision Map Act for such reports. SECTION 3. Amend PSZC (Palm Springs Zoning Code) Section 91.00.10(B) to rescind and replace the definition for "Site Plan Review" as follows: "Development Permit" means the review by the Planning Commission of a site plan and other studies to assist the commission to determine the manner in which the applicant intends to make use of a property. The provisions of Section 94.04.01 shall apply. SECTION 4. Rescind and replace Section 92.29.00(E)(1) rNew Building Construction') relative to the Food Desert Overlay Zone requirements as follows: 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 sixty (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. SECTION 5. Rescind and replace Section 92.29.00(F)(1) ("Zoning Incentives') relative to the Food Desert Overlay Zone requirements as follows: 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 Section 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. SECTION 6. Rescind and replace Section 93.09.00(F) (`Building Permits — Dedication and Improvement of Streets') as follows: Ordinance No. 2042 Page 4 F. No building permit shall be issued for the erection or use of any structure or part thereof, or for the use of any land which is not in accordance with the provisions of this Zoning Code and in conformity with the approved Development Permit or conditional use permit, where required by this Zoning Code. Any permit issued contrary to the provisions of this Zoning Code or not in conformity with the approved Development Permit or conditional use permit shall be void and of no effect. SECTION 7. Rescind and replace Section 93.10.00(A)(1) ("Certificate of Occupancy") as follows: No building hereafter erected, moved, enlarged or altered shall be occupied, used, or changed in use until after a certificate of occupancy shall have been issued by the Department. Such certificate shall be applied for coincident with the application for a building permit and shall be issued only after such building, enlargement or alteration has been completed in conformity with the provisions of this Zoning Code and with an approved Development Permit and required conditions (when these apply), and when the proposed use conforms to the Zoning Code and required conditions (when these apply). SECTION 8. Rescind and replace Section 93.10.00(C) ("Contents of Certificate') as follows: C. Contents of Certificate. The certificate of occupancy shall state that the building or proposed use of a building or land has been inspected for compliance with all laws and codes enforced by the city, including the provisions of this Zoning Code, and with an approved Development Permit and any conditions required by this Zoning Code relating to the proposed building or use. SECTION 9. Rescind and replace Section 93.13.00(B)(1) ("Site Plan Approval') relative to hillside developments as follows: 1. Applications for hillside development shall be processed as follows: a. Applications for new subdivisions shall be prepared and submitted pursuant to Section 94.04.01, Development Permit. Applications for individual single-family residential units within an existing hillside subdivision shall be prepared and submitted pursuant to Section 94.04.00, Architectural Review. b. Upon receipt of application, a written notice shall be mailed to all adjacent property owners informing property owners that an application for hillside development has been filed and that said Ordinance No. 2042 Page 5 application and associated plans are available for public inspection at the Department. C. The Planning Commission or Architectural Review Committee, as applicable, shall hold at least one public meeting to review and consider the proposed application. At least ten (10) days prior to this meeting, a public meeting notice shall be mailed to all adjacent property owners and any members of the public who request notification. SECTION 10. Rescind and replace Section 93.13.00(G)(1) ("Excavations') relative to hillside developments as follows: G. Excavations. 1. The following requirement shall supplement (and supersede to the extent of any inconsistencies) the requirements of Chapter 70, (Excavation and Grading) of the Uniform Building Code, the grading ordinance of the city of Palm Springs currently in effect at the time of permit issuance. a. No excavation shall be permitted on any hillside prior to the approval of a Development Permit or Architectural Review application, as may be applicable, and a grading plan. b. A grading plan shall be submitted as a part of the application for Development Permit or Architectural Review approval for hillside development. A preliminary grading plan shall be filed in compliance with the procedure set forth in Chapter 9.64 of the Palm Springs Municipal Code. C. No dirt or rock shall be allowed to be used for fill except in those locations approved by the excavation plan. Excess dirt or rock shall be carried to a disposal area designated on the grading plan or to an approved off -site location. SECTION 11. Rescind and replace Section 93.19.00(6) ("Property Maintenance Standards") as follows: 6. Any other provisions established by the planning commission to insure proper maintenance of properties including maintenance standards established through Development Permit, Conditional Use Permit, or Planned Development District reviews. SECTION 12. Rescind and replace Section 93.20.08(H) ("Sign Program for Multi - Tenanted Buildings or Sign Districts") as follows: Ordinance No. 2042 Page 6 H. Sign Program for Multi -Tenanted Buildings. 1. General Requirements. Sign programs shall be required for any multi -tenanted building or development project with more than one (1) tenant. Sign programs shall remain in force until a new program is submitted and approved. 2. Permits Required. Permits shall be required for signs within approved Sign Programs. Such permits shall be subject to all applicable fees and shall be in conformance with the approved Sign Program. Sign programs shall integrate with the architecture of the building complex, including such elements as size, color, location and construction material. 3. Approval Process. A sign program that is fully conforming to the requirements of this Chapter may be approved by the Director. 4. Approval Process - Deviations. A sign program that varies from the specific requirements of the Sign Ordinance may be approved if the Architectural Review Committee finds the following: a. Due to the physical characteristics of the property and the orientation and design of the structures on the property, strict application of the regulations of the Sign Ordinance will not give adequate visibility to the signage; b. That the approved program will be compatible with the design of the property and will represent the least departure from the standards of the Sign Ordinance necessary for the effectiveness of the program; and C. That the approved program is compatible with the surrounding property and not contrary to the purpose of the Sign Ordinance. SECTION 13. Rescind and replace Section 93.20.08(J) ("Special Sign Districts") as follows: J. Special Sign Districts. The Planning Commission may adopt special Sign Districts, and provide appropriate implementing sign programs as part of a specific plan, planned development district, development agreement, or other process subject to public review when special sign provisions are necessary or appropriate to implement general plan provisions and goals. SECTION 14. Rescind and replace Section 93.21.00(A)(18) ("Outdoor Lighting Ordinance No. 2042 Page 7 Standards") as follows: 18. All site lighting plans for hillside residential, nonresidential and multifamily developments are subject to approval of Architectural Review as follows: SECTION 15. Rescind and replace Section 93.23.15(F)(3) ("Architectural Review") relative to architectural review requirements for cannabis facilities as follows: 3. Architectural Review. a. Except as provided herein, all Cannabis Facilities shall be subject to architectural review. The review shall include the treatment of the exterior of the building or tenant space, and all signage proposed for the Cannabis Facility. For signage, the Architectural Review Committee shall conduct the final review. For all other architectural elements, review shall be by the City Council upon a recommendation by the Architectural Review Committee. The Architectural Review Committee and City Council shall apply the criteria reflected in Section 94.04.00(E). b. Cannabis Facilities located in a Cannabis Overlay Zone shall be exempt from the architectural review requirements specified in subsection (a) above. SECTION 16. Rescind and replace Section 93.23.15(F)(4) ("Development Standards") relative to cannabis facilities in the E-1 and M-2 zones as follows: 4. Development Standards — E-1 (Energy Industrial) and M-2 (Manufacturing) Zones. Cannabis Cultivation Facilities, approved as agricultural structures pursuant to Section 94.04.01(B)(3) of this Code, shall be subject to the usual and customary development standards for agricultural structures. Waivers of parking lot paving standards, landscape requirements, architectural standards, and similar requirements may be approved by the Director upon review of a Development Permit application processed pursuant to Section 94.04.01(C)(2). SECTION 17. Rescind and replace Section 94.02.00 ("Conditional Use Permit") as follows: 94.02.00 Conditional Use Permit. The conditional use permit is intended for those types of land uses which require special consideration in a particular zone or in the city as a whole due to: the size of the area needed for full development of such use; the unusual traffic, noise, vibration, smoke or other problems incidental to its operation; special locational requirements not related to zoning; or to the effect that such uses may have on Ordinance No. 2042 Page 8 property values, health, safety, and welfare in the neighborhood or in the community as a whole. It is also for uses whose approximate location is indicated on the general plan but whose exact location and arrangement must be carefully studied. In granting the Permit, certain safeguards to protect the health, safety, and general welfare may be required as conditions of approval. Uses lawfully existing on the effective date of this Zoning Code which are listed as permitted subject to conditional use permit in the zone in which they are located may continue without securing such a permit; however, any extension or expansion of such use shall require a conditional use permit. A. Uses Permitted Subject to Conditional Use Permit. 1. Uses listed in the zones as "Uses Permitted by Conditional Use Permit" and high-rise buildings permitted by a zone's development standards, and pursuant to Section 93.04.00, may be permitted in said zones subject to the provisions of this section. The Planning Commission shall review and approve or disapprove the use. The commission's action shall be final unless appealed to the council. 2. The following uses may be permitted pursuant to this section, unless otherwise permitted, in any zone except where expressly prohibited, when such uses are deemed by the commission to be essential or desirable for the public welfare and convenience and in conformity with the general plan and its objectives. a. Commercial communications antennae, including, but not limited to, monopoles and towers that, in the determination of the Director, may have a visual impact on the surrounding area. b. Governmental facilities; C. Institutions of a philanthropic or charitable nature; d. Private educational institutions on major thoroughfares as defined on the general plan of the city; e. Public utility structures and installations. 3. A conditional use permit for temporary structures within a present or future public right-of-way may be granted by the Planning Commission only when the property owner applying for such a permit signs an agreement with the city to remove any such temporary building or structure at his own expense at a date certain or whenever requested by the city. Action by the planning commission shall be final unless appealed to the city council. B. Procedure. Ordinance No. 2042 Page 9 Application. a. Filing. The owner, lessee or authorized agent of the owner or lessee, if of a subject property, are the only persons authorized to sign an application. Where the authorized agent is the signatory, his authorization to represent the owner or lessee shall be in written form signed by the owner or lessee. b. Form and Contents. Application shall be made to the planning commission on forms furnished by the department of planning and building and shall be full and complete, including such data as may be prescribed by the commission to assist in determining the validity of the request. Incomplete applications shall not be accepted for filing. 2_ Filing Fee. When the application is filed, a fee shall be paid in such amount as has been prescribed by resolution of the City Council for the purpose of defraying the costs incidental to the proceedings. 3. Staff Investigations. The planning staff shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this Zoning Code and the general plan, and shall report the findings to the commission. 4. The Planning Commission shall provide for a public hearing to be held in the manner provided for in Section 94.09.00. 5_ Commission Public Hearing, Recommendation and Notice Thereof. a. The commission shall, not less than ten (10) nor more than thirty (30) days after the notification of property owners, hold a public hearing on the application. b. The commission shall reach its decision within thirty (30) days after the conclusion of the public hearing. The decision shall set forth the findings of the commission and any recommended conditions, including any time limit deemed necessary to protect the health, safety and welfare of persons in the neighborhood and in the city as a whole. C. The decision and findings shall be filed with the city council within fifteen (15) days after they have been reached. A copy of the minutes thereof shall be mailed to the applicant at the address shown on the application. The action of the commission shall be final unless appealed. Ordinance No. 2042 Page 10 6. Commission Findings and Conditions. The commission shall not approve or recommend approval of a conditional use permit unless it finds as follows: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code; b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; C. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. Such conditions may include: i. Regulation of use, ii. Special yards, space and buffers, iii. Fences and walls, iv. Surfacing of parking areas subject to city specifications, V. Requiring street, service road or alley dedications and improvements or appropriate bonds, vi. Regulation of points of vehicular ingress and egress, vii. Regulation of signs, viii. Requiring landscaping and maintenance thereof, ix. Requiring maintenance of the grounds, X. Regulation of noise, vibration, odors, etc., A Regulation of time for certain activities, xii. Time period within which the proposed use shall be developed, Ordinance No. 2042 Page 11 xiii. Duration of use, xiv. Dedication of property for public use, xv. And such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this Zoning Code, including but not limited to mitigation measures outlined in an environmental assessment. C. Appeal. The procedure for appeal of conditional use permit decisions shall be pursuant to Chapter 2.05 of the Palm Springs Municipal Code. D. Effective Date. A conditional use permit shall become effective after an elapsed period of fifteen (15) days from the date of the decision by the commission authorizing the permit. E. Time Limit for Development. Unless otherwise stated by the commission, the time limit for commencement of use or construction under a conditional use permit shall be two (2) years from the effective date of approval. Extensions of time may be approved pursuant to the requirements of Section 94.12.00. F. Revisions to Site Plan Approved as Part of a Conditional Use Permit. Minor revisions to a site plan approved as part of a conditional use permit may be made after review and approval by the Director pursuant to the architectural approval procedure Section 94.04.00. "Minor revisions" are defined as revisions which in no way violate the intent or any of the standards or conditions of the permit or of the zone. 2. Revisions other than minor revisions, as defined above, shall be made pursuant to the regular conditional use permit procedure set forth in this section. G. Revocation or Voiding of Conditional Use Permit. The commission, may, after notice and public hearing, revoke any conditional use permit for noncompliance with any of the conditions set forth in granting the permit. Ordinance No. 2042 Page 12 2. Notice. a. Notice shall be mailed to the record owner and lessee of the subject property not less than twenty (20) days prior to holding a public hearing. Such notice shall state the complaint and shall request appearance of such owner and lessee at the time and place specified for the hearing to show cause why the permit should not be revoked. b. Notification of property owners shall be given as provided in Section 94.02.00(B)(4). 3. Within ten (10) days after the public hearing, the commission may by resolution, revoke or modify the conditional use permit. After revocation, the subject property shall conform to all regulations of the zone in which it is located according to a time schedule determined by the commission. 4. If the time limit for development expires and development has not commenced, or the use permitted by the conditional use permit does not exist or commenced, the conditional use permit shall be considered void. No notice need be given nor hearing held. An extension of time may be approved pursuant to the requirements of Section 94.12.00. 5. Termination of a use granted herein for a period of one (1) calendar year shall terminate the use rights granted without further notice or public hearing. An extension of time may be approved pursuant to the requirements of Section 94.12.00. H. Reapplication. Application may not be made for a similar conditional use permit on the same land, building or structure within a period of six (6) months from the date of the final decision on such previous application unless such decision is a denial without prejudice. I. Existing Permits. Any conditional use permit granted pursuant to any zoning ordinance enacted prior to the effective date of this Zoning Code shall be construed to be a conditional use permit under this Zoning Code subject to all conditions imposed in such permit. Such permit may, however, be revoked or voided as provided in Section 94.02.00(I) above. SECTION 18. Rescind and replace Section 94.04.00 ("Architectural Review") in Ordinance No. 2042 Page 13 its entirety and replace as follows: 94.04.00 Architectural Review. A. Purpose and Intent. It is declared that the city of Palm Springs is a city with a unique environmental setting and is internationally known and respected for its collection of architecturally significant buildings and structures. The purpose of this Section is to protect the public health, safety and general welfare of the community by requiring all future development to respect these features and traditions, and to require that all buildings and structures placed on the land respect the natural land forms, architectural quality and character, and become a compatible part of the natural and built environment. This Section is intended to implement the goals and policies of the Community Design Element of the General Plan. B. Architectural Review Committee. Architectural Review Committee — Established. There is hereby established the Architectural Review Committee (ARC). The principal roles of the ARC are to (i) issue decisions on Major Architectural Review applications relative to the adopted criteria contained in this Section; (ii) advise the City Council, Planning Commission and/or Historic Site Preservation Board on matters of conformance to the adopted architectural review criteria; and (iii) advise the Director on matters of conformance to the adopted architectural review criteria. 2. Membership and Qualifications. The ARC shall consist of seven (7) members, who shall be appointed by the Planning Commission. The committee shall consist of a minimum of three (3) California licensed architects, a minimum of one (1) California licensed landscape architect, and other design and/or technical professionals necessary to complete the membership of the committee. The Planning Commission may appoint an experienced architectural designer as a substitute for one of the licensed architects should there be an inadequate number of architects to serve on the committee. The Planning Commission may appoint up to two (2) alternates to serve on the committee. 3. Organization and Meetings. a. Terms of Members. The term of each committee member shall be in accordance with the provisions of Chapter 2.06 ("Boards and Commissions — General Provisions") of the Palm Springs Municipal Code. Ordinance No. 2042 Page 14 b. Attendance and Vacancies. Board members are subject to the attendance requirements as outlined in Chapter 2.06 of the Palm Springs Municipal Code. The chair shall notify the Planning Commission of any vacancy. C. Quorum. A majority of the members of the ARC shall constitute a quorum for the purpose of conducting business. A majority vote of those present shall be necessary to approve any item of business. d. Appointment of Officers. The ARC shall select a chair and vice -chair from among its members as set forth in PSMC 2.06. The chair and vice chair shall serve for a term of one (1) year and until a successor of each is selected and takes office. The secretary of the ARC shall be the Director or their appointee. e. Adoption of Rules. The ARC shall adopt rules of procedure for the transaction of its business. The rules of procedure shall address the time and occurrence of regular meetings, procedures for scheduling special meetings, procedures for transaction of business items, duties of officers, and any other procedures as may be necessary. Records. The ARC shall maintain a public record of its transactions, findings, and determinations. C. Applicability and Authority. Architectural Review Required. Architectural review shall be required as set forth in this subsection. 2. Major Architectural Review. Major Architectural Review applications which are acted upon by the ARC shall include the following: a. New multifamily, commercial, and industrial buildings; b. Additions to multifamily, commercial, and industrial buildings which increase the existing floor area by more than twenty- five percent (25%); C. New single-family residential units in designated hillside areas, in accordance with PSZC Section 93.13.00; d. New single-family residential units located on lots that are ten thousand (10,000) square feet in area or greater on Major Thoroughfares; Ordinance No. 2042 Page 15 e. New single-family model residential units for tract development; f. New quasi -public buildings, such as religious facilities, hospitals, private schools, and similar buildings; g. Additions to quasi -public buildings which increase the existing floor area by more than twenty-five percent (25%); h. New mobile home parks and recreational vehicle parks; and i. Additions or alterations to Class 1 and Class 2 historic resources which increase the existing floor area by more than twenty-five percent (25%), excluding Class 1 and Class 2 single-family residential units. 3, Minor Architectural Review. Minor Architectural Review applications which are acted upon by the Director shall include the following: a. Additions to multifamily, commercial and industrial buildings which do not increase the existing floor area by more than twenty-five percent (25%); b. Additions to quasi -public buildings which do not increase the existing floor area by more than twenty-five percent (25%); C. Entrance features and gates above the allowable height; d. Exterior lighting plans; e. Modifications to exterior colors of commercial, industrial, and quasi -public buildings. f. Revisions to approved landscaping plans for multifamily, commercial and industrial developments; and g. Tennis courts and sports courts in all zones. 4_ Exceptions. The following development types are exempt from the architectural review process: a. New single-family residential units, except as otherwise required by this Section; b. Accessory dwelling units and junior accessory dwelling units; Ordinance No. 2042 Page 16 C. Other development types which are expressly exempt from architectural review under state law. 5. Authority. The Director shall have the authority to: a. Determine whether an application will be subject to a Major Architectural Review or a Minor Architectural Review under this Section; b. Determine whether an activity or improvement is exempt from architectural review under this Section; C. Approve or deny an application which requires a Minor Architectural Review; d. Forward a Minor Architectural Review application to the ARC for consultation prior to rendering a decision; and e. Require a pre -application submittal for review and comment by the ARC for Major Architectural Review applications based on the scale of development proposed or complexity of the proposed development type. D. Application and Procedures. Major Architectural Review. a. Pre -submittal Conference Required. A pre -submittal conference with a designated representative from the Department is required prior to formally submitting a Major Architectural Review application. The applicant shall provide a pre -submittal package in a form as determined by the Director, and shall include schematic site and floor plans, elevations, sections, landscape plans, and proposed material and color selections. The Director or designee shall review the pre -submittal package for general conformance to adopted development standards and to the criteria set forth in subsection (E) below, and shall provide comments and a submittal checklist to the applicant. b. Formal Application Submittal. After completing the pre - submittal conference, an applicant shall submit a formal Major Architectural Review application upon such forms as may be established by the Department, and shall be accompanied by such fees as may be established by the City Council. The Ordinance No. 2042 Page 16 C. Other development types which are expressly exempt from architectural review under state law. 5. Authority. The Director shall have the authority to: a. Determine whether an application will be subject to a Major Architectural Review or a Minor Architectural Review under this Section; b. Determine whether an activity or improvement is exempt from architectural review under this Section; C. Approve or deny an application which requires a Minor Architectural Review; d. Forward a Minor Architectural Review application to the ARC for consultation prior to rendering a decision; and e. Require a pre -application submittal for review and comment by the ARC for Major Architectural Review applications based on the scale of development proposed or complexity of the proposed development type. D. Application and Procedures. 1. Major Architectural Review. a. Pre -submittal Conference Required. A pre -submittal conference with a designated representative from the Department is required prior to formally submitting a Major Architectural Review application. The applicant shall provide a pre -submittal package in a form as determined by the Director, and shall include schematic site and floor plans, elevations, sections, landscape plans, and proposed material and color selections. The Director or designee shall review the pre -submittal package for general conformance to adopted development standards and to the criteria set forth in subsection (E) below, and shall provide comments and a submittal checklist to the applicant. b. Formal Application Submittal. After completing the pre - submittal conference, an applicant shall submit a formal Major Architectural Review application upon such forms as may be established by the Department, and shall be accompanied by such fees as may be established by the City Council. The Ordinance No. 2042 Page 17 application shall be signed and notarized by the property owner or their legal representative. The application submittal shall include the following: 1) A site plan, as approved by the Planning Commission as part of the development permit process; 2) A preliminary grading plan, including cross sections through the site and showing the elevations of abutting parcels; 3) Floor plans; 4) Building elevations and building sections; 5) A roof plan; 6) A landscape plan; 7) Material and color selections; 8) A lighting plan; and 9) Depictions of the location and size of any proposed signage, where appropriate for the development type. C. Concurrent Submittals. In the event the applicant has submitted concurrent applications for a Development Permit, Conditional Use Permit, Change of Zone, or similar land use discretionary permits for the project, the Planning Commission or City Council, as applicable, shall take final action on the concurrent applications before the ARC shall consider the Major Architectural Review application. d_ ARC Meeting and Approval. A Major Architectural Review application shall be reviewed at a public meeting of the ARC. The Director shall prepare a report and recommendation for review by the ARC, providing an analysis as to whether or not the proposed application meets the criteria established in subsection (E) below. The ARC shall consider the Director's recommendation, along with any evidence or testimony offered at the public meeting, and shall evaluate the application and make findings with reference to the criteria set forth in subsection (E) below. The ARC may approve the application as proposed, approve the application with modifications or conditions, or deny the application and shall Ordinance No. 2042 Page '18 make findings accordingly. The Director shall provide the applicant with notice of the action taken, along with the findings made and any conditions or modifications imposed by the ARC. e. Appeal. The decision of the ARC shall be final unless appealed to the Planning Commission within fifteen (15) days following the date that the Director issues notification to the applicant of the decision. The appeal shall be in writing and filed with the City Clerk. The City Council may establish a fee to be paid in connection with the filing of an appeal under this Section. The Director shall schedule the appeal for consideration by the Planning Commission within thirty (30) days following receipt of the appeal request and payment of the appeal fee. The decision of the Planning Commission shall be final unless further appeal is made to the City council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code. 2. Minor Architectural Review. a. Application Submittal. An applicant shall submit a Minor Architectural Review application upon such forms as may be established by the Department, and shall be accompanied by such fees as may be established by the City Council. The application shall be signed and notarized by the property owner or their legal representative. The application submittal shall include the following as may be deemed necessary by the Director: 1) A site plan; 2) Floor plans; 3) Building elevations; 4) A landscape plan; 5) Material and color selections; and 6) A lighting plan. b. Staff Action and Approval. A Minor Architectural Review application may be reviewed administratively by the Director. The Director shall review the application for conformance to the criteria established in subsection (D) below. The Director Ordinance No. 2042 Page 19 may approve the application as proposed, approve the application with modifications or conditions, or deny the application. The Director shall provide the applicant with notice of the action taken and any conditions or modifications imposed. C. Appeal. The decision of the Director shall be final unless appealed to the ARC within fifteen (15) days following the date that the Director issues notification to the applicant of the decision. The appeal shall be in writing and filed with the City Clerk. The City Council may establish a fee to be paid in connection with the filing of an appeal under this Section. The Director shall schedule the appeal for consideration by the ARC within thirty (30) days following receipt of the appeal request and payment of the appeal fee. The decision of the ARC shall be final unless further appeal is made to the City Council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code. E. Criteria and Findings. In considering an Architectural Review application, the approval authority shall evaluate the application and make findings for conformance to the following criteria: 1. The architectural treatment is consistent on all four sides of the proposed building(s), unless otherwise approved by the ARC; 2. The design of accessory structures, such as carports, cabanas, and similar accessory structures, shall be consistent with the form, materials and colors of the principal building(s), unless otherwise approved by the ARC; 3. The fagade elements and fenestration are composed in a harmonious manner; 4. The proposed materials are consistent with the context of the site, adjacent buildings, and the desert environment; 5. The proposed color scheme is appropriate to the desert environment and consistent with the site context; 6. Shading devices and sun control elements, excluding landscape materials, are provided to address environmental conditions and solar orientation; 7. The proposed landscape plan is consistent with the requirements of PSMC Chapter 8.60; Ordinance No. 2042 Page 20 8. The proposed landscape plan is consistent with all applicable zoning requirements, including any streetscape requirements, landscape buffer requirements, and screening requirements; 9. The shading for pedestrian facilities on the subject site or abutting public rights) -of -way is adequate; 10. The proposed lighting plan is consistent with the requirements of PSZC Section 93.21.00, and the proposed lighting will not materially impact adjacent properties; 11. Appropriateness of signage locations and dimensions relative to the building fagade(s), or appropriateness of the site location for any freestanding signage, as may be warranted for the development type; 12. Screening is provided for mechanical equipment and service yards, so as to screen such facilities from view from public rights -of -way and abutting properties; 13. The proposed application is consistent with any adopted design standards of an applicable specific plan, planned development district, or other applicable adopted design standards and regulations. F. Modification. After an Architectural Review application has been approved, any request to amend the approval shall be submitted to the Department. Upon receipt of the request, the Director shall determine if the amendment is to be processed under the major architectural review process or the minor architectural review process set forth in subsection (C), taking into account the factors and considerations set forth in those subsections. G. Extensions of Time and Termination. Time Limit for Development. The time limit for the commencement of construction under an architectural approval shall be two (2) years from the effective date of the approval, provided that if the City has also issued concurrent land use permits and entitlements for the project, the time limit for the commencement of construction under an architectural approval shall be two (2) years from the date the concurrent permits/entitlements were approved. 2. Extensions of Time. Extensions of time may be granted pursuant to the requirements of PSZC Section 94.12.00. Ordinance No. 2042 Page 21 SECTION 19. Rescind and replace Section 94.04.01 in its entirety as follows: 94.04.01 Development Permit. A. Purpose and Intent. The purpose of the Development Permit process is to ensure: That the proposed development is consistent with the General Plan, the Zoning Code, and other adopted plans, regulations and policies of the City; 2. That the proposed uses are consistent with the zone district where the project is located; 3. That the location, height, massing, and placement of the proposed development is consistent with applicable standards and is consistent with its context; 4. That the necessary infrastructure is in place to service the proposed development; and 5. The environmental impacts of the proposed development have been evaluated and addressed. B. Applicability and Authority. Development Permit Required. A Development Permit shall be required as set forth in this subsection. 2. Major Development Permit. A Major Development Permit acted upon by the Planning Commission shall be required for the following: a. New multifamily, commercial, and industrial buildings; b. Additions to multifamily, commercial, and industrial buildings which increase the existing floor area by more than twenty- five percent (25%); C. New mobile home parks and recreational vehicle parks; d. New subdivisions containing five (5) or more units; e. New quasi -public buildings, such as religious facilities, hospitals, private schools, and similar buildings; Ordinance No. 2042 Page 22 f. Additions to quasi -public buildings which increase the existing floor area by more than twenty-five percent (25%); and 3_ Minor Development Permit. A Minor Development Permit acted upon by the Director shall be required for the following: a. Additions to multifamily, commercial and industrial buildings which do not increase the existing floor area by more than twenty-five percent (25%); b. Additions to quasi -public buildings which do not increase the existing floor area by more than twenty-five percent (25%); C. Agricultural buildings in the E-1 (Energy Industrial) and M-2 (Manufacturing) zones; and d. Cannabis facilities located within the Cannabis Overlay Zone. 4_ Exceptions. The following development types are exempt from the Development Permit review process: a. New single-family residential units or additions to single-family residential units, except as otherwise required by this Section; b. Accessory dwelling units and junior accessory dwelling units; C. Other development types which are expressly exempt from Development Permit review under state law. 5_ Authority. The Director shall have the authority to: a. Determine whether an application requires a Major Development Permit or a Minor Development Permit under this Section; b. Determine whether an activity or improvement is exempt from a Development Permit under this Section; C. Approve or deny an application which requires a Minor Development Permit review; e. Require a pre -application submittal for review and comment by the Planning Commission for Major Development Permit applications based on the scale of development proposed or complexity of the proposed development type. Ordinance No. 2042 Page 23 C. Application and Procedures. 1. Major Development Permit Review. a. Pre -submittal Conference Required. A pre -submittal conference with a designated representative from the Department is required prior to submitting a Major Development Permit application. The applicant shall provide a pre -submittal package in a form as determined by the Director, and shall include schematic site and floor plans, elevations, sections, landscape plans, and proposed material and color selections. The Director or designated representative shall review the pre -submittal package for general conformance to adopted development standards and to the criteria set forth in subsection (D) below, and shall provide comments and a submittal checklist to the applicant. b. Formal Application Submittal. After completing the pre - submittal conference/review, an applicant shall submit a formal Major Development Permit application upon such forms as may be established by the Department, and shall be accompanied by such fees as may be established by the City Council. The application shall be signed and notarized by the property owner or their legal representative. The application submittal shall include the following: 1) A site plan, as approved by the Planning Commission as part of the development permit process; 2) A preliminary grading plan, including cross sections through the site and showing the elevations of abutting parcels; 3) Floor plans; 4) Building elevations and building sections; 5) A roof plan; 6) A landscape plan; 7) Material and color selections; 8) A lighting plan; 9) Depictions of the location and size of any proposed Ordinance No. 2042 Page 24 signage, where appropriate for the development type; and 10) Any other plans or exhibits that may be required by the Director based on the development type or site characteristics. C. Concurrent Submittals. In the event the applicant has submitted a Major Architectural Review application in conjunction with a Major Development Permit application and any other concurrent submittals for land use discretionary permits for the project, including a Conditional Use Permit, Change of Zone, etc., the Planning Commission or City Council shall take final action on the Major Development Permit application and the other concurrent submittals before the Architectural Review Committee shall consider the Major Architectural Review application. d. Planning Commission Meeting and Approval. A Major Development Permit application shall be reviewed at a public meeting of the Planning Commission. The Director shall prepare a report and recommendation for review by the Planning Commission, providing an analysis as to whether or not the proposed application meets the criteria established in subsection (D) below. The Planning Commission shall consider the Director's recommendation, along with any evidence or testimony offered at the public meeting, and shall evaluate the application and make findings with reference to the criteria set forth in subsection (D) below. The Planning Commission may approve the application as proposed, approve the application with modifications or conditions, or deny the application and shall make findings accordingly. Approval of the application shall constitute approval of the project. The Director shall provide the applicant with notice of the action taken, along with the findings made and any conditions or modifications imposed by the ARC. e. Appeal. The decision of the Planning Commission regarding a Development Permit application shall be final unless appealed to the City Council. The appeal procedure shall be pursuant to Chapter 2.05 of the Palm Springs Municipal Code. 2, Minor Development Permit Review. a. Application Submittal. An applicant shall submit a Minor Development Permit application upon such forms as may be Ordinance No. 2042 Page 25 established by the Department, and shall be accompanied by such fees as may be established by the City Council. The application shall be signed and notarized by the property owner or their legal representative. The application submittal shall include the following as may be deemed necessary by the Director: 1. A site plan; 2. Floor plans; 3. Building elevations; 4. A landscape plan; and 5. Any other plans or exhibits that may be required by the Director based on the development type or site characteristics. b. Staff Action and Approval. A Minor Development Permit application may be reviewed administratively by the Director. The Director shall review the application for conformance to the criteria established in subsection (D) below. The Director may approve the application as proposed, approved the application with modifications or conditions, or deny the application. The Director shall provide the applicant with notice of the action taken and any conditions or modifications imposed. C. Appeal. The decision of the Director shall be final unless appealed to the Planning Commission within fifteen (15) days following the date that the Director issues notification to the applicant of the decision. The appeal shall be in writing and filed with the City Clerk. The City Council may establish a fee to be paid in connection with the filing of an appeal under this Section. The Director shall schedule the appeal for consideration by the Planning Commission within thirty (30) days following receipt of the appeal request and payment of the appeal fee. The decision of the Planning Commission shall be final unless further appeal is made to the City Council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code. D. Criteria and Findings. In considering a Development Permit application, the approval authority shall evaluate the application and make findings for conformance to the following criteria: Ordinance No. 2042 Page 26 1. The proposed project is consistent with the General Plan and any applicable specific plan; 2. The proposed uses are in conformance to the uses permitted in the zone district where the site is located, and are not detrimental to adjacent properties or residents; 3. The proposed project is in conformance to the property development standards for the zone district where the site is located; 4. The proposed height and massing of the project is consistent with applicable standards and compatible with adjacent development; 5. The proposed setbacks and placement of the building are consistent with applicable standards and consistent with setbacks of adjacent buildings; 6. The site for the proposed project has adequate access to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed uses, and the design for the site plan enhances or continues the city's existing grid in accordance with the Circulation Plan of the General Plan; 7. On -site circulation conforms to minimum standards, and accommodations are made for safe on -site pedestrian circulation; 8. Landscape areas and open space are in conformance to applicable standards, and the design of stormwater management features are appropriately integrated with other elements of the site design; 9. Public infrastructure, such as water, sewer, and similar utilities, is adequate to serve the proposed project; 10. Based on environmental review, the proposed project either has no potentially significant environmental impacts, any potentially significant impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project, or a Statement of Overriding Considerations has been adopted to address unmitigated significant environmental impacts; 11. The proposed project has no unacceptable adverse effects on public welfare, health or safety. E. Effective Date. A Development Permit approval shall become effective after an elapsed period of fifteen (15) days from the date of the decision of the Ordinance No. 2042 Page 27 approval authority. F. Modification. After a Development Permit application has been approved, any request to amend the approval shall be submitted to the Department. 1. Minor modifications. Minor modifications to an approved Major or Minor Development Permit may be approved by the Director, or may be referred to the Planning Commission for approval at the discretion of the Director. Minor modifications may include any of the following: a. A reduction in the number of units or overall building square footage by no more than ten percent (10%); b. Minor adjustments to building footprints or building setbacks, provided conformance is maintained to perimeter setback requirements; C. Minor adjustments to the configuration of parking areas, provided conformance is maintained to parking requirements; d. Minor adjustments to landscape buffer areas or open space areas, provided lot coverage and minimum open space requirements are maintained. 2. Major modifications. Any modification that does not qualify as a minor modification as defined in this Section shall require review by the Planning Commission in accordance with the initial submittal requirements. G. Extensions of Time and Termination. Time Limit for Development. The time limit for the commencement of construction under a Development Permit approval shall be two (2) years from the effective date of the approval. 2. Extensions of Time. Extensions of time may be granted pursuant to the requirements of PSZC Section 94.12.00. SECTION 20. Rescind and replace Section 94.03.00(C)(3)(g) ("Formal Application — Preliminary Development Plan") relative to Planned Development Districts as follows: g. Concurrent Applications. Any associated applications required for the planned development district, such as an architectural review application, conditional use permit, or subdivision map, may be submitted and processed concurrently with the preliminary development plan application. Ordinance No. 2042 Page 28 SECTION 21. Rescind and replace Section 94.06.01(A)(9) ("Nonconforming Structures") relative to the Minor Modification process as follows: (9) Nonconforming Structures. Existing legal nonconforming two (2) story structures located in an R-1 zone may be expanded by up to fifty (50) percent of the second story floor area, subject to other applicable ordinances and Development Permit approval by the Planning Commission; SECTION 22. Rescind and replace Section 94.06.01(13)(1) ("Approval Authority") relative to the Minor Modification process as follows: Approval Authority. a. The modifications described in subsections (A)(2) through (A)(3) shall be considered as automatic modifications when street right-of- way is dedicated to the City. b. The modifications described in subsections (A)(1) and (A)(4) through (A)(9) may be approved by the Director. C. The modification described in subsection (A)(10) may be approved by the Architectural Review Committee as part of an Architectural Review application approval, as described in Section 93.13.00(B). d. The modification described in subsection (A)(11) may be approved by the City Council, as set forth in paragraph (6) below. SECTION 23. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 24. The proposed ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project," as that term is defined in Section 15378 of the State Guidelines. SECTION 25. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take Ordinance No. 2042 Page 29 effect sixty (60) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 8T" DAY OF APRIL, 2021. CHRISTY GILBtRT HOLSTE MAYOR Ordinance No. 2042 Page 30 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2042 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on March 25, 2021, and adopted at a regular meeting of the City Council held on April 8, 2021 by the following vote: AYES:Councilmembers Garner, Kors, Woods, Mayor Pro Tern Middleton, and Mayor Holstege NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of rONY.CLERK