HomeMy WebLinkAbout2BCITY COUNCIL STAFF REPORT
DATE: MARCH 25, 2021 PUBLIC HEARING
SUBJECT: REQUEST BY THE CITY OF PALM SPRINGS TO AMEND PORTIONS OF
CHAPTER 91, CHAPTER 92, CHAPTER 93 AND CHAPTER 94 OF THE
PALM SPRINGS ZONING CODE, AND TO AMEND SECTION 93.63.080
OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING REVISIONS TO
THE ARCHITECTURAL REVIEW PROCESS AND ASSOCIATED
ENTITLEMENT PROCESSES.
FROM: David H. Ready, City Manager
BY: Development Services Department
SUMMARY
This is a request for City Council consideration of a draft ordinance to make revisions to
the architectural review process and various other zoning entitlement processes. The
proposed revisions have been drafted at the direction of the City Council in the interest of
streamlining entitlement processes and procedures.
RECOMMENDATION :
1. Waive the reading of the ordinance text in its entirety and read by title only; and
2. Introduce on first reading Ordinance No. __ , "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."
BACKGROUND INFORMATION:
Related Relevant Citv Actions
The City Council provided direction to staff to study revisions to zoning
01/30/20 application processes , and to return with an ordinance to streamline
the entitlement timeframe.
JTEMNO. ~?--:0
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Related Relevant City Actions -
The Planning Commission appointed an Architectural Review
07/08/20 Subcommittee (Weremiuk, Song, Jakway) to study the issue and work
with staff in developinQ recommendations.
The Planning Commission received an initial report on the
02/10/21 recommendations of the Architectural Review Subcommittee, and
offered direction to staff.
The Planning Commission discussed the proposed ordinance
02/24/21 revisions at a study session, and discussed potential modifications to
the draft revisions.
03/08/21 The Architectural Advisory Committee reviewed the proposed changes
to the architectural review process, and provided comments to staff.
The Planning Commission reviewed the draft ordinance at a public
03/10/21 hearing, and voted 6 to O to recommend approval of the ordinance to
the City Council with minor additions and modifications.
The Planning Commission appointed a subcommittee (Chair Kathy Weremiuk,
Commissioner Maria Song , and AAC Chair Tom Jakway) in July 2020 to study the
architectural review process. The subcommittee reviewed how other cities in the
Coachella Valley conduct the architectural review process, as well as reviewing the
processes of a number of other California cities (Carmel, Laguna Beach, Pasadena,
Santa Barbara, and Santa Monica). In addition, the subcommittee reviewed guidance
from the American Planning Association on architectural guidelines and reviews. Their
study of other ordinances revealed the following:
• Most jurisdictions separate the site plan review process from the architectural
review process; the City of Palm Springs is unique, in that it merges the site plan
review process and architectural review process under a single application type.
• A pre-application process (typically with a staff member) is often utilized for
preliminary review of conformance to development standards and architectural
criteria as a means to reduce or eliminate issues prior to consideration by a board
or commission.
• Architectural review is often limited to specific areas of the community or specific
development types; few communities require architectural review as a city-wide
process.
As part of this study, the subcommittee evaluated the City's current entitlement
processes, and proposed a number of changes which are the basis for the changes
identified in the draft ordinance.
STAFF ANALYSIS:
Based on the recommendations of the subcommittee and the Planning Commission, the
following changes are proposed:
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• Separate the architectural review process and the development permit process,
providing distinct responsibilities for the MC and Planning Commission;
• Implement a pre-submittal conference process with Planning staff;
• Eliminate the requirement for Planning Commission review of single-family
residences in hillside areas or on major thoroughfares;
• Eliminate the need for City Council approval of certain types (Type II) of
Conditional Use Permits, and allow Planning Commission to have final action;
• Allow the MC to have final approval authority on Sign Program applications, and
allow Planning Commission to have final approval authority on Sign District
applications;
• Allow the Planning Commission to have final approval authority for tentative map
applications;
• Modify specific plan documents as necessary to reflect the proposed modifications
to the architectural review process.
Each of the proposed changes is discussed and evaluated in the following paragraphs of
this report.
Architectural Review/Develop ment Permit Process
The City of Palm Springs currently has a combined site plan review and architectural
review process, which is an uncommon entitlement practice. While there are four steps
to the process as illustrated in the diagram below, it is often necessary for multiple reviews
by the MC and the Planning Commission in order to obtain an entitlement.
Slep 1
.I r-,:;;_';!,,--1 .. I
I Archi!Mhlral I Revie w App/icalion J
I
Step 2
AAC
Review
Step 2A
r----------1 AAC
Adlon
.. , (If design revision, 1 ..
l_ __ ~:=~~~--J
Slep3
Planning
Commission
Review
Step 3A Step4
r--Planning--, r-City Council -1
I Commission I I Adlon I -+ Action .. (o,W required f or
• • . GPA, Re%one, I (If de1111n revr11om I I POD, Specific Plan 1 L __ ,equesledJ __ J l_ applimlian,) _ _J
Diagram: Existing Enti tlement Process
It is proposed that the City's architectural review process be bifurcated into a separate
Development Permit application and Architectural Review application . The Planning
Commission would be responsible for the review and approval of the Development Permit
application ; the AAC would be responsible for review and approval of the Architectural
Review application.
In addition, a pre-submittal conference process would be instituted as the first step in
application process. Applicants would be required to meet with staff prior to submitting
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entitlements; in the pre-submittal conference, staff would provide an assessment of
conformance to development standards and approval criteria, and provide a checklist of
all required materials for submittal of entitlement applications. This process is intended
to assist applicants in understanding the City's design guidelines and development
standards, and will assist in improving the quality of application materials.
The proposed process is illustrated in the following diagram, and further discussed below:
Sl•p 1 St•p 2 Step 3 Sl•p3A Step4
r--------, ,-----::7
P~Submlttal
Conference with
Staff
I Formal Submittal: !
... I Archilecturql Revjew •-. I and DevtfoDfllfQt I I &!mil. Applications I
Planning
Commission
Action
0.velop,,,MI Pfflllil
Al'flllcollo,,
! City Council Action 1
... I (onlyrequiredforC/>A, , ... I Rez-, POD, S,-ific I I Plan opplicalion,) I
AAC
Actl~n
Ar<Nledvnll llmew ,.,,,,,.,,,loll
Step 1:
Step 2:
Step 3:
Step 4:
! ______ .! !_ _______ ,
Diagram: Proposed Entitlement Process
Pre-submittal conference with staff. Staff would evaluate the project
for conformance to development standards, and provide an initial
review for conformance to architectural review criteria. The applicant
would be provided with a checklist of all drawings and materials
needed for submittal; applicants would not be able to submit an
application without a submittal checklist provided by a staff member.
Formal submittal of Development Permit and Architectural Review
applications. Applicants would formally submit a Development
Permit and Architectural Review applications; staff would route the
applications to other departments for review, and prepare a staff
report and conditions of approval.
Planning Commission review of the Development Permit. Planning
Commission would review the Development Permit application for
conformance to adopted criteria. While the Planning Commission
would not review architectural details, they could make
recommendations to the AAC on the design of the project. Approval
of the Development Permit by the Planning Commission would
constitute project approval.
AAC review of the Architectural Review application. Following
approval of the Development Permit application by the Planning
Commission, the AAC would then review the Architectural Review
application for conformance to architectural review criteria and any
adopted design guidelines. Upon approval of the Architectural
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Review application, the applicant could then submit applications for
building permits.
The appeal process for the Development Permit and Architectural Review applications
would be as follows:
• Development Permit: Action taken by the Planning Commission on a Major
Development Permit application would be appealed to the City Council. Action
taken by the Development Services Director on a Minor Development Permit
application would be appealed to the Planning Commission.
• Architectural Review Application: Action taken by the AAC on a Major Architectural
Review application would be appealed to the Planning Commission. Action taken
by the Development Services Director on a Minor Architectural Review application
would be appealed to the AAC.
Please note that the City Council still retains the ability to call forward any final actions
taken by boards and commissions pursuant to PSZC Section 94.10.00 ("Review by
Councilmember"). City Council members could call forward any final action by the
Planning Commission on a Development Permit application or by the AAC on an
Architectural Review application, as may be deemed appropriate.
Single-Family Architectural Review -Hillside Areas/Maior Thoroughfares
Applications for single-family residences in hillside areas or on major thoroughfares are
currently reviewed by both the AAC and the Planning Commission. As these reviews are
primarily focused on aesthetics and architectural compatibility, it is recommended that the
AAC be granted final approval authority so as to reduce the entitlement timeframe for this
development type.
Conditional Use Permits
The zoning code currently requires City Council approval for a specialized list of
Conditional Use Permit (CUP) application types (cell towers, outdoor recreation facilities,
plant nurseries, shopping centers, etc.). Based on current practices and standards, it is
recommended that the approval authority for CUP applications be given to the Planning
Commission, which will result in a shorter entitlement timeframe for those application
types while still providing a detailed review and opportunity for public comment and
participation.
Sign Programs/Sign Districts
Sign programs, which are required for all multi-tenant buildings, currently require review
by both the AAC and the Planning Commission . It is recommended that the AAC be
authorized to have final approval of sign programs, thereby eliminating a step from the
approval process. In a similar manner, sign districts currently require approval by the City
Council; it is recommended that this approval authority be granted to the Planning
Commission instead. These modifications will reduce the timeframe necessary for
discretionary review and issuance of sign permits .
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Tentative Maps
Chapter 9.63 of the Palm Springs Municipal Code (PSMC) currently requires City Council
approval for tentative map applications, following a review and recommendation by the
Planning Commission. As the Subdivision Map Act does not require City Council
approval of tentative maps, it is recommended that the Planning Commission be granted
approval authority for tentative maps. This will assist in reducing the timeframe necessary
for the approval of map applications, and will coincide with the approval timeframe for a
Development Permit application.
Specific Plans
Per the direction of the Planning Commission, staff will prepare separate amendments to
the Downtown Specific Plan, Section 14 Specific Plan, and the Desert Palisades Specific
Plan to reflect the proposed changes to the architectural review process. These
amendments would be necessary so as to have a standardized approval process for
Development Permits and Architectural Review applications. It is intended that these
amendments will be brought forward to the Planning Commission at public hearings in
the late spring or early summer of 2021.
Future Actions
While administrative changes to the architectural review process can assist in shortening
the timeframe for obtaining entitlements, it is recommended that the adoption of specific
design guidelines would also assist in streamlining the process by giving applicants clear
guidance in the architectural design of projects. The Palm Springs Architectural Alliance
(PSAA) has offered to assist with the process of developing design guidelines; it is
recommended that the City Council consider the development of design guidelines
through the creation of a subcommittee appointed to that task, and that the subcommittee
include members of the Planning Commission, AAC, and the local design community.
Planning Commission Action
The Planning Commission reviewed the proposed changes at a study session on
February 24, 2021, and held a public hearing on the matter at their meeting of March 10,
2021. The Planning Commission offered the following comments and changes:
• Remove the criterion relative to the review of a project's massing from the
Architectural Review findings, and give that responsibility to the Planning
Commission as part of the Development Permit review;
• Correct the review process table to list the Planning Commission as having review
authority over mobile home parks, and noting that multifamily development is
subject to architectural review except where otherwise exempted under State law;
• Clarify that the Planning Commission is approving the project and granting the
entitlement under the Development Permit review process;
• Allow for Planning Commission to have final approval on Tentative Map
applications;
• Allow liaisons between AAC and Planning Commission meetings, and allow the
use of subcommittees composed of members of the two groups; and
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• Recommend that the electronic application implementation process closely follow
the implementation of the new ordinance.
Based on these comments, staff has made adjustments to the proposed ordinance to
incorporate the recommended changes as appropriate. The Planning Commission
recommended that specific plans (Downtown Specific Plan, Section 14 Specific Plan, and
the Desert Palisades Specific Plan) be amended to reflect the new architectural review
process as soon as the ordinance is adopted. In addition, the Planning Commission
encouraged the City Council to consider the development of design guidelines to assist
in the architectural review process.
Implementation Schedule
If the proposed revisions are adopted, it will take several months to implement the new
entitlement processes and procedures. The following tasks will need to be accomplished
for implementation:
• Revise forms and application materials relative to the new processes and
application types;
• Provide notice and training for the development community on the new entitlement
processes;
• Initiate the pre-submittal conference process prior to accepting the new entitlement
applications;
• Prepare and adopt changes to specific plan documents so that there is a
standardized process for entitlement applications;
• Provide training for the Planning Commission and AAC on the new procedures
and approval criteria.
The development of design guidelines could occur as a separate process, and the new
entitlement processes are not dependent on the adoption of the design guidelines.
ENVIRONMENTAL ANALYSIS:
The project is categorically exempt from further review per the State CEQA Guidelines
(California Code Regulations § 15000 et seq.). The whole of the Ordinance is exempt,
because the code amendment is an administrative activity which will not result in a direct
or reasonably foreseeable indirect physical change to the environment [§ 15060(c)(2)].
Furthermore, the whole of the Ordinance is exempt because the code amendment is not
a "project" as defined by Section 15378, since it has no potential for resulting in a direct
or indirect physical change to the environment [§ 15060(c)(3)].
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FISCAL IMPACT:
The changes to the entitlement process will result in changes to the fees charged for the
various applications. While it is intended that the cost for the combined Development
Permit/Architectural Review applications will be approximately the same as is currently
charged, the cost for other applications may be reduced due to the elimination of
secondary reviews by the Planning Commission and/or City Council. Staff will bring
forward a separate ordinance to adjust these application fees at a future City Council
meeting.
CONCLUSION:
The proposed changes to the architectural review process and other entitlement
processes are intended to result in a shorter, more efficient approval process through the
following changes:
• Eliminate duplicate reviews by the AAC and the Planning Commission;
• Eliminate reviews of entitlement applications by the City Council where allowed by
State law;
• Utilize a pre-submittal conference process to assist applicants in preparing
application materials and understanding code requirements;
• Eliminate the overlap in responsibilities of the AAC and the Planning Commission
by clearly defining the review roles of each body.
Approval of these proposed changes will implement the goals of the City Council in
providing a more efficient process while still allowing for proper scrutiny of applications
and public participation in the development review process.
inn Fagg, AICP : -~ c-:~ ~
Development Services Director
Marcus L. Fuller, MPA, P.E., P .L.S .
Assistant City Manager
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Attachments:
1. Legislative Draft-Architectural Review Ordinance
2. Legislative Draft -Development Permit Ordinance
3. Draft Ordinance (Complete)
4. Proposed Process Flowchart
5. Summary of Application Types and Approval Processes
6. City Council Staff Report and Minutes (January 30, 2020)
7. Minutes Excerpt-Planning Commission (March 10, 2020)
9
ATTACHMENT # 1
Legislative Draft
Ordinance -
Architecture I Review
10
Legislative Draft Ordinance: Architectural Review
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.
1. 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.
LegislaHve Draft: Architectural Review Ordinance
25 March 2021
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11
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.
f. Records. The ARC shall maintain a public record of its transactions,
findings, and determinations.
C. Applicability and Authority.
1. 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;
e . New single-family model residential units for tract development;
legislative Draft: Architectural Review Ordinance
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12
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 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;
c. Other development types which are expressly exempt from
architectural review under state law.
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13
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 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 ;
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14
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 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
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15
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 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
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16
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 fa9ade 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;
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
right(s)-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 fa9ade(s), or appropriateness of the site location for any
freestanding signage, as may be warranted for the development type;
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17
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.
1. 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.
Legislative Draft: Architectural Review Ordinance
25 March 2021
Page 8
18
ATTACHMENT #2
Legislative Draft
Ordinance -
Development Permit
19
Legislative Draft Ordinance: Development Permit
94.04.01 Development Permit.
A Purpose and Intent. The purpose of the Development Permit process is to ensure:
1. 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.
1. 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;
Legislative Draft: Development Permit Ordinance
25 March 2021
Page 1
20
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.
C. Application and Procedures.
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25 March 2021
Page 2
21
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 signage,
where appropriate for the development type; and
Legislative Draft: Development Permit Ordinance
25 March 2021
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22
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
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:
Legislative Draft: Development Permit Ordinance
25 March 2021
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23
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:
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;
Legislative Draft: Development Permit Ordinance
25 March 2021
Page 5
24
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 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:
Legislative Draft: Development Permit Ordinance
25 March 2021
Page6
25
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.
1. 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 .
Legislative Draft Development Permit Ordinance
25 March 2021
Page 7
26
ATTACHMENT #3
Draft Ordinance
27
ORDINANCE NO.
AN ORDINANCE 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 Attorney's 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
"Zoning Text Amendment") and, by a 6-0 vote, approved Resolution # __
28
Ordinance No. --Page2
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 ~ to ~ 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.
29
Ordinance No. --Page 3
SECTION 2. Rescind and replace PSMC (Palm Springs Municipal Code) Section
9.63.0B0(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 and then transit reports and recommeRdat ions to
the sity GOuRsi l. The planning commission and sity sounsil shall have the
authority to make necessary findings as required by this title and the
Subdivision Map Act for such reoommendations and reports.
SECTION 3. Amend PSZC (Palm Springs Zoning Code) Section 91.00.10(8) to
rescind and replace the definition for "Site Plan Review" as follows:
''-Site-plafl-fe¥iew!! "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 ms ~ property. The
provisions of Section 94.04.00 94.04.01 shall apply.
SECTION 4. Rescind and replace Section 92.29.00(E)(1) ("New 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 MajaF 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 Maj9f Architectural Review Application and Development Permit
Application . The requirement for filing an MajaF 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:
30
Ordinance No.
Page4
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 site plan
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 site plan Development Permit
or conditional use permit shall be void and of no effect.
SECTION 7. Rescind and replace Section 93.1 0.00(A)(1) ("Certificate of
Occupancy'J as follows:
1. 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 of p lanning and building. 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 site plan 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 93.1 0.00(C) ("Contents of Certificate'J
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 site plan 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 Approvaf'J
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 .00, arohiteotural re\•iew 94.05.00,
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
31
Ordinance No. __
Pages
c.
d .
e .
application for hillside development has been filed and that said
application and associated plans are available for public inspection
at the department of planning and zoning Department.
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.
If tho p lanning comm ission bel i@\fEIS that it is FRerited, it may, at its
~r-e~e-and set a publi<rhoaring date for consideration of
tho subjest appli oation . Suoh public heari ng will requ iFe U:10 payment
ef applioab le fees fo r such hearings a&-estat:>lished bV oily eoun oo-:-
The director of pl aARing seivioes may determiA&=tROt a pwblio heariRtJ
is Fequired and forgo item C above:
.A,ppeal-s . Tho pFOoeduFO for appeal of hillside development desis,ons
sha ll be pursuant to Chapter 2 .05 of tl:io Pa lm Springs--Mwfliei~
Code.
SECTION 10. Rescind and replace Section 93.13.00(G)(1) ("Excavations'J
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 site plan 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 site plan 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
32
Ordinance No.
Page 6
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 arohiteotural advisory committee development permit,
conditional use permit, or planned development district reviews .
SECTION 12. Rescind and replace Section 93.20.0B(H) ("Sign Program for Multi-
Tenanted Buildings or Sign Districts") as follows:
H. Sign Program for Multi-Tenanted Buildings eF-StsR-Bisviots .
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;
fellewill§ a re•.i ie\+J and recommendation by-tho /\rohiteotura l Advisory
Committee puFsuaAt to Seeti en Q4 .04 .00(E)(2)(a).
4. Approval Process -Deviations. A sign program that varies from the
specific requirements of the Sign Ordinance may be approved if the
Planning Commission 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
33
Ordinance No. --Page 7
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 93.20.0B(J) ("Special Sign Districts")
as follows:
J. Special Sign Districts. The Ci~' Council, in its so le disoretion., 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
Standards") as follows:
18. All site lighting plans for hillside residential, nonresidential and multifamily
developments are subject to approval of architectural review and Planning
Comm ission 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.
b.
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 Advisory
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 AdYisory Review Committee.
The Architectural Advisory Review Committee and City Council shall
apply the criteria reflected in Section 94.04 .00~ .(fil.
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-I and M-2 zones as follows:
4. Development Standards -E-I (Energy Industrial) and M-2 (Manufacturing)
Zones . Cannabis Cultivation Facilities, approved as agricultural structures
34
Ordinance No.
Page 8 --
pursuant to Section Q4.04 .00(E)(2)(a) 94.05.00(8)(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 Minor l\rohitest1:u=al Development
Permit Application processed pursuant to Section Q4.04.00(E)(2)(a)
94.05.00(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
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 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 ootll the commission and oounoil to
be essential or desirable for the public welfare and convenience and
in conformity with the general plan and its objectives .
a .
b .
/\trport , or a,FGraft laAd ing faeili t ies ;
Ambulance (Deleted by Or d . 1553);
35
Ordinance No.
Page9 --
c. /\piaries (beekeeping);
d. Gemet&Fies , ool um ear iu ms , oi:ematoriun:1s, n:1a1::1soleuFRs,
mofk:lafies;
e . Child care (Deleted by Ord . 1418•;
~ 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.
~uastrian establisllmems (asa(jemies , school s ans
amwsemeRtSf,
l=t . Eslablishfflentc or onlorpfisos invol>Jing lar:ge assemblages of
peop le or automobiles , including:
i. Amusement parks,
ii. CiFouses,
i ··. raair g rG1:1Ae&;
,,.,_ Open a,r theaters , e~EOluding dri1•1e iA m&+1ie tl=leaters ,
v. Outdoor reareational centers pri't'-ately operated ,
vi. Race traoks,
vii. Stasia,
vi~~
hQ.. Governmental facilities;
j-;Q . Institutions of a philanthropic or charitable nature;
k. Large scale resorts of t\•.f€!nty (20) acres or more, including
mcroational vel:licle parks (subject to tho development
staooares-set fo~-in Section Q4 .02.00(H)(6Hi
L La rge soale st:loppingoenters (si~ ton (1~ aores or more)
plaAned as tntegFated de¥elopmonffi;==-SUbjeot to property
development standards set forth in the C D N zone, Section
92 .10.00 , OF the C S-G ~OAe, SeotioA Q:2 .11 .00, as
appropriate, and SeotioR Q4 .02.00(H)(6), plus sueh-et~
eeReitions as a re deemed necessary.
m. Plant Al;IFSOAOS;
&.d . Private educational institutions on major thoroughfares as
defined on the general plan of the city;
o.e. Public utility structures and installations.
3. A eeRdKiona l 1:1se per:m it fflay Isle gFanted for teffl~orai:y slruetures,
not iAolt:1ding tenses eF wall&;-ey-the plann ing comm ission. For fences
o~ walls-witR i A tRe publio r ight of way, .see aeoUen-94 .0:2 .01 .
a . 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
36
Ordinance No. --
Page 10
4.
the planning commission shall be final unless appealed to the
city council.
Planned De¥e lopment Distriet (PD).
•n a planRed developmeRt distnGt on ly those uses shown on the
dei.ielopment p lan for tl:ie partioular p lanned dcvJOl opment diskiet
may be appro¥ed by tho planning sommission and oitv souRGii.afte,:
these bodies ha,te made a f:ind in§ that suoh uses are in oonformity
,.wh tho geAmal J,llan and sound oomffl1:Jnity de,•elopment. Tho
regu lations of Section 94 .03 .00 and th is section shall apply . \/Vhere
a sonflist in FOgulations oesuFS, the r-egu lations 6pesifiod in Sostion
94-0~.00 shall proiw«a it Uses porm i"ed by conditional-use porm it-iR
an under1>;Sng zooe-d,iotflot, or as-r,equired by SeetteA 94 .02 .00, may
be insoFf:)omled into ~ho planned development aislriot w~h tho full
foroe of a cond itiona l use permit without requiring separate
applisati on for a oonditioAal use permit
B. Procedure.
1. 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.
37
Ordinance No.
Page 11 --
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 , exoept for the
uses listed in Section 94 .02 .o0il\)(2) •whieh roquir:o sity sounsil
approval.
---tleeiak¾ses listed iA Seotion 84 .02.00(A )(2) shaH roquire final
aotion by the sit-y oouneil iA aocordance \\1th Secti on
Q-4 .02 .00 (C), except 1hat in any case i.•1hero the planning
comm issi on has denied an application , the eity OOU·Fk3H-shaR
Ret take further action thereon untoss an appeal-+s-fi leEi by an
fRteFestod party, i~ -aeeardanoo -with the pFO\'is ions of
Ghapter 2 .06 of tho Pa lm SpFings Municipa l C ode.
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,
38
Ordinance No.
Page 12
C .
--
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.,
xi. Regulation of time for certain activities,
xii. Time period within which the proposed use shall be
developed,
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.
Ge1JA6 ~ Pueli& HeaFiAg , Date, Notise aAd AeUeA .
Tl=le fo ll O!AqAg pFOoedYf!e shaH apply to U68S--61:)8Gifieei in SeotioR
94.-02 .00€A,)f2) aRd (,A~(4 ):
1. Tho heaFing date shall be set by the oity olefk for not more than thirtv
(30) days after tho fi ling of tho oomm ission deoision v.11th the oounsil.
39
Ordinance No.
Page 13 --
2.
@.
Notice sl=lal l be given as pra!Jided in Sootion 94 .09 .00.
The 001:1R0U sha ll sendu et a ptJblie hearing not less t han ten (~O; nor
more t han thi rt y (30) days after the notifioatioR of a p1:Jb li0 l:leaFing
befor~ tho 00 1:J ncil.
.w----1:tle~Aeil-&Rall, w ithi n thirty (30)-Elays afte F the sonolusion of Ule
publie hearing, al:)pro'4'e •1.tflh stated oonditions , or disapp ro ... e the
cond iti ona l use permit application by reso lution , setting fort~ til=lo
fin di ngs listed in Ses.tion 94 .02.00 (B)(:6 }. In adding t o, modifyiA§,-eF
Fe¥ersing a comm ission resommendation , the affirmative i1otes of not
les&than H:lree (3) members of-tl-l&-oowfleil..sha ll be required on each
item so aoted t:tpon .
5 . Notification of the oouno il action shall be mailed ~o tho potit ianer at
U:1e address shown on the 1=10titi on .
G: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 ~Wfl&il
authorizing the permit.
~E. Time Limit for Development.
Unless otherwise stated by the commission or 001:Jnail , 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.
G:-F. Revisions to Site Plan Approved as Part of a Conditional Use Permit.
1. 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
40
Ordinance No.
Page 14
forth in this section.
H. (De leted by Ords . 1511 and 1799)
-h-G. Revocation or Voiding of Conditional Use Permit.
1. The oouneil , wit h o r w ithout a Feoommend ation f rom the planning
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.
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(6)(4).
3. Within ten (10) days after the public hearing, the sounsil planning
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 sity sounsil planning 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 t ime 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
41
Ordinance No.
Page 15
is a denial without prejudice.
~!,_ 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(1) above.
SECTION 18. Rescind and replace Section 94.04.00 ("Architectural Review") in
its entirety and replace as follows:
94.04.00 Architectural Review.
A.
B.
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 communitL bV req uirin g all future develoe ment to resp ect
these features and traditions, and to re q uire that all building s and structures
placed on the land resp ect the natural land forms. architectural q uality 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.
Architectural Review Committee.
1.
2.
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.
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
42
Ordinance No. --Page 16
3.
inadequate number of architects to serve on the committee. The
Planning Commission may appoint up to two (2) alternates to serve
on the committee.
Organization and Meetings.
a.
b.
C.
d.
e.
f.
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.
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.
Quorum. A majority of the members of the ARC shall
constitute a quorum for the purpose of conducting business.
A maiority vote of those present shall be necessary to approve
any item of business.
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.
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.
1. Architectural Review Required . Architectural review shall be
required as set forth in this subsection.
2. Maior Architectural Review. Major Architectural Review applications
which are acted upon by the ARC shall include the following:
a . New multifamily, commercial. and industrial buildings:
43
Ordinance No. --Page 17
3 .
b.
C.
d.
e.
f.
g .
h.
i.
Additions to multifamily, commercial, and industrial buildings
which increase the existing floor area by more than twenty-
five percent (25%);
New single-family residential units in designated hillside
areas. in accordance with PSZC Section 93.13.00:
New single-family residential units located on lots that are ten
thousand (10,000) square feet in area or greater on Major
Thoro ug hf ares:
New single-family model residential units for tract
development:
New quasi-public buildings. such as religious facilities.
hospitals. private schools. and similar buildings;
Additions to quasi-public buildings which increase the existing
floor area by more than twenty-five percent (25%):
New mobile home parks and recreational vehicle parks; and
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.
Minor Architectural Review. Minor Architectural Review applications
which are acted upon by the Director shall include the following:
a.
b.
C.
d.
e.
f.
Additions to multifamily, commercial and industrial buildings
which do not increase the existing floor area by more than
twenty-five percent (25%);
Additions to quasi-public buildings which do not increase the
existing floor area by more than twenty-five percent (25%):
Entrance features and gates above the allowable height:
Exterior lighting plans:
Modifications to exterior colors of commercial, industrial. and
quasi-public buildings.
Revisions to approved landscaping plans for multifamily,
44
Ordinance No. __
Page 18
4.
5 .
g.
commercial and industrial developments: and
Tennis courts and sports courts in all zones.
Exceptions. The following development types are exempt from the
architectural review process:
a.
b.
C.
New single-family residential units, except as otherwise
required by this Section:
Accessory dwelling units and junior accessory dwelling units:
Other development types which are expressly exempt from
architectural review under state law.
Authority . The Director shall have the authority to:
a.
b.
C.
d.
e .
Determine whether an a p12 lication will be sub ject to a Major
Architectural Review or a Minor Architectural Review under
this Section:
Determine whether an activity or im p rovement is exempt from
architectural review under this Section:
Approve or deny an application which requires a Minor
Architectural Review:
Forward a Minor Architectural Review application to the ARC
for consultation prior to rendering a decision: and
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
45
Ordinance No. --Page 19
b.
C.
d.
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.
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
application shall be signed and notarized by the property
owner or their legal representative. The application submittal
shall include the following:
1)
2)
3)
4)
5)
6)
7)
8)
9)
A site plan, as approved by the Planning Commission
as part of the development permit process:
A preliminary grading plan, including cross sections
through the site and showing the elevations of abutting
parcels:
Floor plans:
Building elevations and building sections;
A roof plan:
A landscape plan:
Material and color selections;
A lighting plan; and
Depictions of the location and size of any proposed
signage, where appropriate for the development type.
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 Maier Architectural Review application .
ARC Meeting and Approval. A Major Architectural Review
46
Ordinance No.
Page 20 --
e.
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
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.
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 ma y establish a fee
to be paid in connection with the filin g 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:
47
Ordinance No.
Page 21
E.
--
b.
C.
4) A landscape plan;
5) Material and color selections; and
6) A lighting plan.
Staff Action and A pproval. 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
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.
A pp eal. The decision of the Director shall be final unless
a ppealed to the ARC within fifteen (15) days following the date
that the Director issues notification to the applicant of the
decision. The a ppeal 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.
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.
2.
3.
4.
The architectural treatment is consistent on all four sides of the
proposed building(s), unless otherwise approved by the ARC;
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;
The facade elements and fenestration are composed in a
harmonious manner:
The proposed materials are consistent with the context of the site,
48
Ordinance No.
Page 22
F.
G.
--
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:
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 right(s)-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 facade(s), or appropriateness of the site location for any
freestanding signage. as may be warranted for the development
~
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.
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.
Extensions of Time and Termination.
49
Ordinance No. --Page 23
1.
2.
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.
Extensions of Time. Extensions of time may be granted pursuant to
the requirements of PSZC Section 94.12.00.
SECTION 19. Rescind and replace Section 94.04.01 in its entirety as follows:
94.04.01 Development Permit.
A.
B.
Purpose and Intent. The purpose of the Development Permit process is to
ensure:
1.
2.
3.
4.
5.
That the proposed development is consistent with the General Plan,
the Zoning Code, and other adopted plans, regulations and policies
of the City:
That the proposed uses are consistent with the zone district where
the project is located;
That the location, height, massing, and placement of the proposed
development is consistent with applicable standards and is
consistent with its context:
That the necessary infrastructure is in place to service the proposed
development: and
The environmental impacts of the proposed development have been
evaluated and addressed.
Applicability and Authority.
1. 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;
50
Ordinance No. --Page 24
3.
4.
5.
b.
C.
d.
e.
f.
Additions to multifamily, commercial, and industrial buildings
which increase the existing floor area by more than twenty-
five percent (25%):
New mobile home parks and recreational vehicle parks:
New subdivisions containing five (5) or more units:
New quasi-public buildings, such as religious facilities,
hospitals, private schools, and similar buildings:
Additions to quasi-public buildings which increase the existing
floor area by more than twenty-five percent (25%): and
Minor Development Permit. A Minor Development Permit acted
upon by the Director shall be required for the following:
a.
b .
C.
d.
Additions to multifamily, commercial and industrial buildings
which do not increase the existing floor area by more than
twenty-five percent (25%):
Additions to quasi-public buildings which do not increase the
existing floor area by more than twenty-five percent (25%):
Agricultural buildings in the E-1 (Energy Industrial) and M-2
(Manufacturing) zones: and
Cannabis facilities located within the Cannabis Overlay Zone.
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.
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:
51
Ordinance No.
Page 25
C.
--
b.
C.
e.
Determine whether an activity or improvement is exempt from
a Development Permit under this Section:
Approve or deny an application which requires a Minor
Development Permit review :
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.
Application and Procedures.
1. Major Development Permit Review.
a.
b.
Pre-submittal Conference Required. A pre-submittal
conference with a designated representative from the
Department is required prior to submitting a Maior
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.
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)
2)
3)
A site plan. as approved by the Planning Commission
as part of the development permit process:
A preliminary grading plan, including cross sections
through the site and showing the elevations of abutting
parcels:
Floor plans:
52
Ordinance No.
Page 26
c.
d.
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
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.
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.
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
53
Ordinance No. --Page 27
2.
e.
the action taken. along with the findings made and any
conditions or modifications imposed by the ARC .
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.
Minor Development Permit Review.
a.
b.
C.
Application Submittal. An applicant shall submit a Minor
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 as may be deemed necessary by
the Director:
1.
2.
3.
4.
5 .
A site plan;
Floor plans;
Building elevations;
A landscape plan; and
Any other plans or exhibits that may be required by the
Director based on the development type or site
characteristics.
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.
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
54
Ordinance No.
Page 28
D.
--
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.
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:
1.
2.
3.
4.
5.
6.
7.
8.
9 .
The proposed project is consistent with the General Plan and any
applicable specific plan;
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:
The proposed project is in conformance to the property development
standards for the zone district where the site is located:
The proposed height and massing of the project is consistent with
applicable standards and compatible with adjacent development;
The proposed setbacks and placement of the building are consistent
with applicable standards and consistent with setbacks of adjacent
buildings:
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:
On-site circulation conforms to minimum standards, and
accommodations are made for safe on-site pedestrian circulation;
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;
Public infrastructure, such as water, sewer, and similar utilities, is
adequate to serve the proposed project:
55
Ordinance No.
Page 29
E.
F.
--
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.
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
approval authority.
Modification. After a Development Permit application has been approved,
any request to amend the approval shall be submitted to the Department.
1.
2.
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 t he discretion
of the Director. Minor modifications may include any of the following :
a.
b.
C.
d.
A reduction in the number of units or overall building square
footage by no more than ten percent (10%):
Minor ad j ustments to building footp rints or building setbacks,
provided conformance is maintained to perimeter setback
requirements;
Minor adjustments to the configuration of parking areas,
provided conformance is maintained to parking requirements:
Minor adjustments to landscape buffer areas or open space
areas, provided lot coverage and minimum open space
requirements are maintained.
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.
1 . Time Limit for Development. T he time limit for the commencement
of construction under a Development Permit approval shall be two
{2) years from the effective date of the approva l.
56
Ordinance No. __
Page 30
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 au majef architectural review
application, conditional use permit, or subdivision map, may be submitted
and processed concurrently with the preliminary development plan
application.
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 architectural Development Permit approval by the planning
commission;
SECTION 22. Rescind and replace Section 94.06.01(8)(1) ("Approval Authority")
relative to the Minor Modification process as follows:
1. 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)f4-Qt.{fil may be approved by the Director.
c. The modification described in subsection (A)t441il.ID may be
approved by the Planning Commission Architectural Review
Committee as part of an site plan Architectural Review application
approval, as described in Section 93 .13.00(8).
d. The modification described in subsection (A)(4~•H.111 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
57
Ordinance No. --Page 31
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
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS __ DAYOF ________ _
ATTEST:
ANTHONYJ.MEJ~.MMC
CITY CLERK
CHRISTY GILBERT HOLSTEGE
MAYOR
58
Ordinance No. --Page 32
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. __ is a full, true, and correct copy, and was introduced at a regular meeting
of the Palm Spri n gs City Council on ____ and adopted at a regular meeting of the City
Council held on ____ by the following vote:
AYES:
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 _________ _
ANTHONY J . MEJIA, MMC
CITY CLERK
59
ATTACHMENT #4
Proposed Process
Flowchart
60
Step 1
P...submittal
Conference with
Slaff
Action:
Provide submittal
checklist and initial
feedback on
conformance to
architectural review
requirements
Review of:
• Location, size, massing
of structures
• Parking configuration
• Landscaping and
buffers
• Pedestrian and
vehicular access
• Relationship to
mossing of adjacent
development
• Conformance to
development
standards
Submittal
Requirements
(Schematic only):
• Site plan
• Floor plans
• Elevations
• Site cross sections
Note: Pre-opp with AAC
is optional
Proposed Review Process: Development Permit Review/Architectural Review
..
Step 2
,---------------, I I I Formal Submittal: I I Architectural Review I ...
I and Development I I Permit Applications I
I I '---------------'
Action:
Application reviewed
for completeness by
staff; circulated to
Tribal Planning
Commission for action
(where required)
Step 3
Planning
Commission
Adion
Development Permit
Applieation
Action:
Entitlement granted for
Development Permit and
assodated applications
(Unless Council action
required)
Review of:
• Site plan
• Conformance to
development
standards
• Approval of
associated
applications (CUP,
VAR, etc.)
• May provide
comments to AAC on
architecture
Submittal
Requirements
(Design development
drawings):
• Full application
package submittal
..
Step 3A
~--------------, I I
I City Council Adion I l ( only required for GP A, I ...
I Rezone, POD, Specific I I Plan applications) I
I I ""---------------'
Step 4
AAC
Adion
Ardtitectural Review
Applicalion
Action:
Approval of
Architectural Review
application; applicant
may now submit
building permits
Review of:
• Architectural details,
fenestration
• Site landscape
materials and
placement
• Colors and materials
• Lighting
• Signage
Submittal
Requirements (25%
construction documents):
• Landscape plan
• Floor plans
• Elevations
• Color and materials
board
• Final grading plan
• Lighting, signage
61
ATTACHMENT #5
Summary of Application
Types and Approval
Processes
62
alrllgl.: 11:D '"lg'n ' •·::a,~'la -"111 11 • JJ Existin~ Process ~ -
II ~~view Type ,' 1 a~ 'L " I .a Director AAC PC El .. II
Architectural/Site Plan Review -Minor
Additions (Commercial) <25% X
Additions (Residential) <40 % X
Agricultural Structures -New (E-1, M-2) X
Buildina Reoaints X
Cannabis Facilities -New (Overlay Zone) X
Cannabis Facilities -Facade X
Entry Features & Walls X
Exterior Liqhtinq Plans X X X
Landscaping Plans X X
Signs X
Arch. Review/Site Plan Review-Major
Mobile Home/RV Parks X X
New Churches/Institutional Buildings X X
New Commercial Buildings X X
New Industrial Buildinas X X
New Mobile Home/RV Parks X X
New Multifamily Residential X X
New Residential -Hillside X X
New Residential -Maior Thorouahfare X X
Tennis Courts X X
Sign District
Sign Program (No Waivers) X X
Sign Program (Waivers) X X
Signage -Cannabis X
Conditional Use Permits
Cell Towers X
Government Facilities X
Charitable Institutions X
Private Educational Institutions X
Public Utility Structures X
Review Processes -Proposed Changes
--· --. .,.. ~ .·~ Prooosed Process -. --
Staff cc Director PC cc AAC
I Pre-aDD
X
X
X
X
X
X X X
X
X X
X
X
X X X
X X X
X X X
X X X
X X X
X X X
X X
X X
X
X X
X
X
X
X X
X X
X X
X X
X X
ri~I!~~ -•~_..Ii" :..i., -• ..i .,. ':Jr!! ~
Notes a II
"" Iii 1:1 Ill 11 II ,$ 11 II .-.... .., .. -' -·-·· -~ --•.11:11 ~-.a -II
(No change}
(No change}
(No change}
(No change}
(No change)
Maintain current orocess so that MC reviews facade first
(No change)
Allow MC to approve
Keep at staff level for all turf conversion projects
(No change)
(Pre-app added)
(Pre-app added)
(Pre-aoo added)
(Pre-aoo added)
(No change)
May be streamlined per State requirements
Allow MC to aoorove
Allow MC to aoorove (establish 15 ,000 SF threshold)
Allow staff to approve residential tennis courts
Allow PC to approve Sign Districts
Allow staff to approve compliant Sign Programs
Allow MC to grant waivers for Sign Programs
Maintain curre nt process so that MC reviews sionage
Allow PC to aoorove
Allow PC to aoorove
Allow PC to aoorove
Allow PC to aoorove
Allow PC to aoorove
25 March 202 1
Page1
63
ATTACHMENT #6
City Council Staff
Report ( 1 /30 /20)
64
CITY COUNCIL STAFF REPORT
DATE: JANUARY 30. 2020 NEW BUSINESS
SUBJECT: CONSIDERATION AND DIRECTION REGARDING PLANNING AND
ZONING APPLICATION PROCESSES, INCLUDING DECISION-MAKING
BODIES, ARCHITECTURAL ADVISORY COMMITTEE AND NUMBER
OF MEETINGS.
FROM: David H. Ready, City Manager
BY: Department of Plannlng Services
SUMMARY
The City Council will consider and provide direction to staff regarding several proposals,
which are intended to make the City's planning and zoning application process more
streamlined, in order to be more business /resident friendly. These include the following:
• Reducing the types of planning/zoning applications that require City Council
approval;
• Providing for Planning Commission consideration/approval of projects prior to
review/consideration by the Architectural Advisory Committee; and
• Capping the number of meetings at which certain planning and zoning
applications are considered.
RECOMMENDATION;
Consider and provide direction to City staff regarding the above-referenced proposals.
BACKGROUND AND SETTING:
The following is a summary of the City's current practices. with regard to planning and
zoning applications.
1
65
,,
City CouncU Staff Repoit
Januaiy 30, 2020 -Page 2
PlaMlng and Zoning Application Proceasea
Decision-making bodies
Under the City's current zoning ordinance, the following are the decision-making bodies
for planning and zoning entitlement applications:
City of Palm Springs Deolslon-ltlaklng Bodlea
Entitlement Decision-Making Body
General Plan Amendment City Council
Zoning Ordinance Text Amendment City Council
Zoning Map Amendment City Council
Development Agreement City Council
Final Map City Council
Tentative Map City Council
Conditional Use Permit (CUP) Planning Commission--,-
' Land Use Permit Director of Planning
Planned Development District (POD) -City Council
Preliminary Development Plan
Planned Development District (POD) -Planning Commission
Final Development Plan
Architectural Review Planning Commission.:
Variance Planning Commission
Minor Modifications City Counci1 1
Minor Modifications Planning Commission•
1 City Council approval is required for the following uses: airport, or aircraft landing facilities; ambulance; apiaries
(beekeeping); cemeteries, crematoriums, mausoleums. mortuaries; child care; commercial communications
antennae, including, but not limited to, monopoles and towers that may have a visual impact on the surrounding
area; equestrian establishments (academies. schools and amusement); establishments or enterprises involving large
assemblages of people or automobiles, including: amusement parks, circuses. fair grounds, open-air theaters,
excluding drive-in movie theaters. outdoor recreational centers privately operated, race tracks, stadia. swap meets;
governmental facilities; institutions of a philanthropic or charitable nature; large scale resorts of twenty (20) acres or
more, including recreational vehicle parks; large-scale shopping centers; plant nurseries; private educational
institu1ions on major thoroughfares as defined on the general plan of the city; and public utility structures and
installations.
2 The following mes may be approved by the Director of Planning: addilions to single-fiunily residential structures
that do not increase the existing floor area by more than 40%; additions to multifiunily, commercial, and industrial
structures that do not increase the existing floor area by more than 25%; agricultural structures in the E•l and M•2
zones; cannabis facilities in the Cannabis Overlay Zone; entry features; exterior lighting plans: landscaping plans;
minor grading plans; repaints; reroofs; sian programs; signs; walls and fences. For cannabis facilities that arc
subject to architectural review. the Architectural Advisory Committee (AAC) approves signage. while the City
Council approves all other architectural elements.
, For cannabis facility sepan1tion distances .
4 For modifications of building heights and front yards In slope/hillside areas
2 66
City Council Staff Report
January 30, 2020 -Page 3
Plannlnp and Zoning AppBcalion PNICNHS
Minor Modifications
Unlisted Use Determination
Sign program (conforming)
Sign program (variance)
Director of Plannlng11
Planning Commi11lon
Director of Planning
City Council
Under State law, General Plan amendments. zoning text amendments, zoning map
amendments and development agreements are legislative acts, which require City
Council approval. In addition, in Palm Springs, Planned Development Districts are
treated as the equivalent of a zoning ordinance, and therefore require City Council
approval. All other entitlements fisted above can be delegated to a body or official of
the City Council's choosing.
Should the City Council wish to modify which body or official is the decision-making
body/official for any of the above-referenced applications, such modification would take
the form of a zoning text amendment. The City Council is authorized to initiate zoning
ordinance text amendments. (PSMC 94.07.01(A)(1)(b).) Following the City Council's
direction, City staff would study the proposal, bring It forward to the Planning
Commission for a legally required noticed public hearing. The Planning Commission
would then make a recommendation to the City Council, which would also require a
noticed public hearing prior to revising the zoning ordinance text. (PSMC 94.07.01(A).)
Therefore, staff is seeking direction from the City Council as to whether, and how, the
City Council would like to see any changes to the decision-making bodies listed above.
Architectural Advisory Committee
The City's zoning ordinance establishes a "Planning Commission Architectural Advisory
Committee" (AAC), which is responsible to, and appointed by, the planning commission .
(PSMC, 94.04.00(C).) A planning commissioner attends the AAC meetings, and serves
as a liaison to the committee . The planning commission can appoint technical advisors
to assist in reviewing detailed plans pursuant to this chapter. Technical advisors are to
include three Catifomla licensed architects, one California licensed landscape architect,
one other design professional, and additional technical members for a total of seven
members. The planning commission Is also to appoint up to two alternate members to
ensure adequate representation at AAC meetings.
The AAC Is required to examine the material submitted with the architectural approval
application to determine whether the proposed development will provide desirable
environment for its occupants as well as being compatible with the character of adjacent
' For the following modifications: addhlons of one (I) additional dwellina unh on a muld-famlly lot, ?eductions of
lot area by not mo~ than I 0%; ~uctions of yards by not more than 20%; reductions In number of required parking
spaced by not more than 10%; modification of wall&lfences not to exceed 20%: trash enclosure modifications;
encroachments of mechanical equipment Into sttbacb In residential areas; and expansions of legal non-conforming
Slnlctures In R• I zones by not moN than 50%.
3 67
City Councl Staff Report
January 30, 2020 -Page 4
Pllnnlnp 1nd Zoning Appac:atlon ProceNn
and surrounding developments, and whether aesthetically It is of good composition,
materials, textures and colors. Specifically, the AAC is to consider the following:
• Site layout, orientation, location of structures and relationship to one
another and to open spaces and topography. Definition of pedestrian and
vehicular areas; I.e .• sidewalks as distinct from parking lot areas
• Harmonious relationship with existing and proposed adjoining
developments and In the context of the Immediate
neighborhood/community, avoiding both excessive variety and
monotonous repetition, but allowing similarity of style, If warranted
• Maximum height, area, setbacks and overall mass, as well as parts of any
structure (buildings, walls, screens, towers or signs) and effective
concealment of all mechanical equipment
• Building design, materials and colors to be sympathetic with desert
surroundings
• Harmony of materials, colors and composition of those elements of a
structure, including overhangs, roofs, and substructures which are visible
simultaneously
• Consistency of composition and treatment
• Location and type of planting, with regard for desert climate conditions.
Preservation of specimen and landmark trees upon a site, with proper
irrigation to insure maintenance of all plant materials
• Signs and graphics, as understood in architectural design Including
materials and colors
• Additional, specific written guidelines to supplement the design criteria and
carry out the purposes of the City's zoning ordinance (PSMC
94.04.00(D).)
Architectural review is required for the following development applications within the
City:
• All industrial, commercial, professional and residential structures and
related landscape areas, except for single-family residences not located
on major thoroughfares
• Hillside developments, including all structures, grading, landscaping, and
exterior Nghting
• Churches, governmental buildings and hospital and health facilities
• Mobilehome parks and recreational vehicle parks (but, not be required for
Individual mobile home or recreational vehicle sites)
• Tennis courts
• Designated historic sites, upon referral by the historic site preservation
board, and certain properties within designated historic districts
• Entrance features and gates above the height allowed In front and side
front setback areas (PSMC 94.04.00(E).)
• Cannabis facllltles (PSMC 93.23.15(F)(3).)
4 68
City Co1.11cl Std R8po,t
January 30, 2020 -Page 5
Planning and Zoning Applcdon ProcNNt
Such review may be performed at a staff level (Director of Planning), for the following
developments:
• Additions to single-family residential structures that do not Increase the
existing floor area by more than 40%
• Additions to multifamily, commercial, and industrial structures that do not
increase the existing floor area by more than 25%
• Agricultural structures In the E-1 and M-2 zones
• Cannabis Facilities In the Cannabis Overlay Zone
• Entry features
• Exterior lighting plans
• Landscaping plans
• Minor grading plans
• Repaints
• Reroofs
• Sign programs
• Signs
• Walls and fences
The Director's decision can be appealed to the Planning Commission . (PSMC
94.04.00(E)(2)(a)(1).) The Director also has the option of consulting with the AAC on
the application types listed above, or referring the application to the Planning
Commission (PSMC 94.04.00{E)(2).)
Afl other development applications that require architectural review, are required to be
approved by the Planning Commission , following review by the AAC . (PSMC
94.04.00(E)(2)(c).)
It has been suggested that having the architectural review conducted after the Planning
Commission review/approval, as opposed to prior to the Planning Commission's
review/approval, may provide for a more efficient and well-Informed decision.
Should the City Council wish to revise the order In which the AAC performs Its review,
such an action would require a revision to the City's zoning ordinance text, specifically
Chapter 94.04.00 (Architectural review). Again, the City Council Is authorized to Initiate
zoning ordinance text amendments. Following the City Council's direction, City staff
would study the proposal, and bring It forward to the Planning Commission for a legally
required noticed public hearing. The Planning Commission would then make a
recommendation to the City Council, which would also require a noticed public hearing
prior to revising the zoning ordinance text.
Therefore, City staff Is seeking direction as to whether the City Council would like to
Initiate the process for amending the City's zoning text to provide for AAC review after
Planning Commission consideration of development applications.
5 69
City Councl Staff Report
January 30, 2020 -Page 0
Pllnninp and zon1i, Applcatlon Proc111e1
Number of meetings
The City does not currently regulate, either by ordinance or otherwise, the number of
public meetings that may be held conceming a particular zoning/planning application. It
has been suggested that placing a cap on the total number of meetings at which a
particular application is reviewed may streamline the application process.
For example, the California Legislature adopted Senate Bill 330 (the •Housing Crisis Act
of 2019•). which prohibits more than five (5) hearings when reviewing a project that
complies with a citys general plan and zoning standards. That statute, effective
January 1, 2020 reads, In pertinent part
Cal. Gov. Code 65906.5
(a) Notwithstanding any other law, if a proposed housing development
project complies with the applicable, objective general plan and zoning
standards in effect at the time an application is deemed complete, after
the application Is deemed complete, a city, county, or city and county shall
not conduct more than five hearings pursuant to [the State statute for
public hearings for variances and conditional use permits], or any other
law, ordinance, or regulation requiring a public hearing in connection with
the approval of that housing development project. If the city, county, or city
and county continues a hearing subject to this section to another date, the
continued hearing shall count as one of the five hearings allowed under
this section. The city, county, or city and county shall consider and either
approve or disapprove the application at any of the five hearings allowed
under this section consistent with the applicable tlmelines under the
Permit Streamlining Act ....
(b) . ...
(2) "Hearing• Includes any public hearing, workshop, or slmllar
meeting conducted by the city or county with respect to the housing
development project, whether by the legislative body of the city or county,
the planning agency ... , or any other agency, department, board,
commission, or any other designated hearing officer or body of the city or
county, or any committee or subcommittee thereof. "Hearing• does not
include a hearing to review a legislative approval required for a proposed
housing development project, Including, but not llmlted to, a general plan
amendment, a specific plan adoption or amendment, or a zoning
amendment, or any hearing arising from a timely appeal of the approval or
disapproval of a legislative approval.
(e) Thia section shall remain in effect only until January 1, 2025.
and as of that date la repealed.
Should the City Council wish to cap the number of meetings at which specific
6 70
Cfty Council Staff Repo,t
Januuy 30, 2020 -Page 7
Plannlnp and Zoning Appbtion Proce11ea
applications are considered, the City Council might want to consider borrowing from SB
330, and expand it to applications other than housing applications.
Note, several aspects of SB 330:
• SB 330 sets a cap of 5 hearings or meetings for covered projects . There Is
nothing in the legislation that suggests that the City could not reduce this number
below 5.
• SB 330 applies only to project applications that are consistent with the general
plan and zoning ordinance In effect at the time the application is deemed
complete.
• SB 330 only applies to "housing" projects, defined as •residential units only;
mixed-use developments consisting of residential and nonresidential uses with at
least 2/3 of the square footage designated for residential use; or transitional
housing or supportive housing"
• SB 330 does not apply to meetings or hearings to review a legislative approval,
such as a general plan amendment, a specific plan/amendment, or zoning
ordinance/map amendment. Thus, for projects that include any or all of those
sorts of legislative approvals, the City Is not bound by the 5 meeting cap.
Therefore, the City Council is being asked to consider this new state mandated cap, and
provide direction to City staff as to whether, and under what circumstances, the City
Council might wish to see a similar cap applied to housing and/or other planning/zoning
applications within the City.
Should the City Council wish to impose a cap on the number of meetings for any
particular class of applications, that cap could be memorialized in either a zoning
ordinance or a resolution. It might be advisable to memorialize such a policy in the form
of a resolution, rather than an ordinance, at least until the City and stakeholders have
had a chance to experience how such a cap works in practice (the bylaws for both
bodies would then be amended to reflect the Council resolution). An ordinance
memorializing such a cap, as well as any amendment to such a cap would, as
discussed above, require noticed public hearings before the Planning Commission as
well as the City Council. A resolution declaring the City Council's policy can be adopted
by the City Council at one meeting, as could any future amendments to such a policy
resolution .
CONCLUSION;
Therefore, City staff is seeking direction regarding whether, and how, the City Council
might want to modify final decision-making bodleslofflcfals for planning/zoning
applications, the manner In which AAC and Planning Commission conduct their reviews,
and whether and under what circumstances the City Council would like to limit the
number of meetings at which certain classes of projects are reviewed.
7 71
City Council Stall' Repoll
January 30, 2020 -Page 8
Planning and Zoning Afpllcatlon ProcNHs
Environmental Determination:
Pursuant to the Califomla Environmental Quality Act (CEQA), this Item Is categorically
exempt under CEQA Regulation Section 15306 (Information Collection), in that should
the City Council direct staff to move one or more of the above-referenced proposals
forward, such action would result In the collection of data and research a part of a study
leading to an action that the City has not yet approved, adopted or funded.
Fir Fagg, AICP
Director of Planning Services
~;.:? ?:-&:::: 4 .... ~
David H. Ready.Esq.,),
City Manager
~~~
Marcus L. Fuller, MPA, P.E., P.L.S.
Assistant City Manager/City Engineer
City Attorney
8 72
City Council Minutes January 30, 2020
D. CONSIDERATION AND DIRECTION REGARDING PLANNING AND ZONING
APPLICATION PROCESSES, INCLUDING DECISION-MAKING BODIES,
ARCHITECTURAL ADVISORY COMMITTEE AND NUMBER OF MEETINGS
City Attorney Ballinger presented the staff report.
In response to City Council inquiry, Director Fagg recommended that Planning
Commission call-ups be considered by the City Council prior to the Architectural Advisory
Committee (AAC). City Attorney Ballinger advised that it is City Council's discretion
whether to include its call-up within the total meeting limitation for land use entitlements,
including specific plans; pointed out that housing projects subject to the State's five-
meeting limit, will include call-ups from the City Council as well as study sessions.
Councilmembers Garner and Woods voiced support for establishing a five-meeting limit
and requiring Planning Commission approval prior to AAC. Councilmember Woods
expressed a desire for staff, with an architecture or urban design background, to pre-screen
applications and help guide developers through the review process.
In response to City Council inquiry, Director Fagg stated that staff will pursue a Zoning
Code amendment to delegate approval of tentative and final tract maps, if permitted by
state law, and sign program variances to the Planning Commission; advised that staff will
review which uses require Conditional Use Permits, including childcare facilities and
institutions of a philanthropic/charitable nature, and return to City Council with
recommendations for a Zoning Code amendment.
Mayor Kors suggested that additional meetings should be permitted, if the developer and
commission mutually agree, noting that the goal is to streamline the process while ensuring
quality projects.
Mayor Pro Tern Holstege requested that staff develop an expedited review process for
housing developments.
Following discussion, Director Fagg stated that staff will return to the City Council with a
proposal which establishes a streamlining track which complies with SB 330 for housing
projects and a proposal for other entitlements under a standardized review process; advised
that staff will evaluate whether study sessions should be included in the five-meeting limit,
noting that appeals to the City Council are separate from the meeting limit.
City of Palm Springs Page 19
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ATTACHMENT #7
Planning Commission
Minutes Excerpt
74
EXCERPT OF MINUTES
At the Planning Commission meeting of the City of Palm Springs, held March 10, 2021,
the Planning Commission took the following action:
2B. CITY OF PALM SPRINGS TO AMEND PORTIONS OF CHAPTER 91.00,
CHAPTER 92.00, CHAPTER 93.00, AND CHAPTER 94.00 OF THE PALM
SPRINGS ZONING CODE TO ADOPT REVISIONS TO THE ARCHITECTURAL
REVIEW PROCESS AND ASSOCIATED ENTITLEMENT PROCESSES (CASE
5.1526 ZT A).
Director Fagg provided a presentation on the proposed changes to the zoning
code, and reviewed the discussion on the topic from the meeting of February 24,
2021.
Chair Weremiuk opened the item for public comment. There being no members
of the public who requested to speak, the public hearing was closed.
Commissioner Song suggested that it may be appropriate for an AAC member to
attend the Planning Commission meetings in a liaison capacity, much as the
Planning Commission does currently with AAC meetings. She questioned if
members of the Planning Commission could attend pre-submittal conferences .
Commissioner Hirschbein clarified the process for approval of sign program
waivers, and asked if AAC would be able to make any significant changes to the
project once Planning Commission has approved the development permit. Mr.
Hirschbein verified the findings that would need to be met for approval of a
Development Permit, and whether the Planning Commission had discretion in
interpreting the findings .
Vice Chair Moruzzi asked about the timeframe for development of design
guidelines, and if modifications to specific plans to incorporate the architectural
review changes could begin once the proposed ordinance is adopted.
Chair Weremiuk suggested that the implementation of electronic application
submittals should occur at the same time as implementation of the new ordinance.
She noted that subcommittees of AAC and Planning Commission members are
helpful for review of model units for new subdivisions, and stressed the importance
of that practice continuing. Ms. Weremiuk was worried that there was an "open-
endedness" with the proposed process, unless it is clear that the Planning
Commission is approving the project when the Development Permit application is
approved; the role of the AAC should be limited to improving the architectural
details of the project. She asked if the Development Permit and Architectural
Review application could be one permit; City Attorney Priest responded that it
75
Planning Commission Minutes -Excerpt
City of Palm Springs
March 25, 2021
would be difficult to combine the two processes, but an administrative workaround
could be developed to simplify the submittal process for applicants.
Commissioner Lewin questioned what would happen if the Planning Commission
finds that a project conforms to the Development Permit criteria, but the
architecture is substandard. The commissioners debated the possibility of denying
a Development Permit where the architecture of the project was inappropriate .
Commissioner Ervin asked for other examples where the Planning Commission
might deny a project based on aesthetics; City Attorney Priest clarified that the role
of the AAC was to "fine tune" the details of the project, with the Planning
Commission having the authority to approve the project as a whole.
ACTION: Weremiuk, seconded by Lewin to recommend approval of the draft
ordinance to the City Council with the following changes and corrections:
• Remove the criteria relative to massing from the Architectural Review
findings;
• Correct the review process table to list the Planning Commission as having
review authority over mobile home parks, and noting that multifamily
development is subject to AAC review;
• Clarify that the Planning Commission is approving the project and granting
the entitlement under the Development Permit;
• Allow for Planning Commission to have final approval on Tentative Map
applications;
• Recommend that the electronic application implementation process closely
follow the implementation of the new ordinance; and
• Allow liaisons between AAC and Planning Commission meetings.
I, TERRI HINTZ , Planning Administrative Coordinator for the City of Palm Springs, hereby
certify that the above action was taken by Planning Commission of the City of Palm
Springs on the 10th day of March, 2021, by the following vote:
AYES:
NOES:
ABSENT:
Terri Hintz
Ervin, Hirschbein, Lewin, Song, Moruzzi, Weremiuk
None
None
Planning Administrative Coordinator
2
76