HomeMy WebLinkAbout3/14/2007 - STAFF REPORTS - SS2. OFpA�MSA�+ CITY OF PALM SPRINGS
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MEMORANDUM
Date: September 11, 2006
To: City Manager
From: Craig A. Ewing, AICP, Director of Planning Services
Subject: Planning Commission Discussion of Planned Developments and "Public Benefit"
On September 6, 2006, the Planning Commission dedicated their Study Session to the issue of
"public benefits" in Planned Development projects. The concept is derived from the City's
historic practice of seeking some form of 'give-back' from a developer in exchange for allowing
flexibility in the application of zoning rules on a proposed project.
The Commission first reviewed the City's official policy on "public benefit", which is contained in
a single sentence in the Palm Springs General Plan, as follows:
"Traditionally, planned development districts have been used to provide flexibility
and enable developers to increase buildable area and height, and alter other
standard development regulations, above that permitted by zoning, conditioned
on analyses and mitigation of impacts and contribution of specific "benefits" to
the City (e.g. additional parking, community open space and meeting rooms,
funds for community beautification, housing, day care facilities and other similar
amenities). All Planned Development Districts shall be consistent with the
General Plan." (Page 1-81, Palm Springs General Plan, adopted 1993)
There is no other reference to "public benefits" and Planned Developments in the General Plan,
and none in the Zoning Code.'
The General Plan continues with a statement about how Planned Development Districts should be used, but no
mention of public benefits is included.
"To implement the land use and urban design policies, it is suggested that planned development
districts be used for the following applications:
a. Provide a mechanism for exceeding the permitted building area and floor area ratios and
building heights in locations specified by land use policy.
b. Provide a mechanism for allowing both on-and off-site density transfers
c. Provide a mechanism for the consolidation of adjoining commercially-and residentially-
designated parcels into a single site wherein commercial and residential buildings are located
in a unified development project, without regard for the designated commercial-residential
boundary in locations specified by land use policy.
d. Provide a mechanism for determining the appropriate type, character, density-intensity and
standards of development for the reuse of sites currently used for public or private institutions"
City Council Memo— September 12, 2006
Planning Commission Discussion of Neighborhood Overlay Page 2 of 2
The General Plan statement is neither a clear nor direct statement that the City requires a public
benefit for every Planned Development. In reviewing previous practices, the Commission
received comments from former Planning Director Marvin Roos, who noted that the first
Planned Developments were granted in the late 1960's. At that time, Planned Development
projects were often residential condominiums, which were a new concept at the time. The
public benefit from such projects was determined to be the provision of common landscaped
areas maintained in perpetuity by a homeowners association (in contrast to the uncoordinated
front and side yards of lower-density single family subdivisions).
Since then, the "public benefit" concept has been used in a variety of ways, such as the
provision of wide sidewalk parkways along the Sunrise Vista and Sunrise Alejo projects (in lieu
of a frontage road). At other times, the public benefit receded in importance and use. If the
Council believes that seeking public benefits in Planned Developments is appropriate, staff
recommends that a policy statement be adopted to provide staff and applicants with specific
direction.
The Planning Commission discussed a range of options that could be the basis for a City policy
on public benefits, as follows.
1. The Proiect as Public Benefit — A Planned Development project may fulfill key City
objectives for land use, economic development, design, circulation, blight removal or
the like, and therefore be considered as beneficial to the public.
2. Key Features of the Proiect as Public Benefit —A Planned Development project may
include features, such as through-streets, interior parks, entry features, preservation
of important buildings or natural features, or other specific amenities that are part of
the project but also deemed beneficial to the public.
3. Off-site Improvements as Public Benefit — A Planned Development project may
propose off-site improvements, such as widened thoroughfares with meandering
bikeways, public park dedications beyond the Quimby requirement, construction of
decorative medians beyond the project's street frontage, or other improvements that
yield public benefits beyond mitigating the project's own impacts.
A. City "Wish List" as Public Benefit — A Planned Development project may be subject
to providing a public benefit, as determined from a list of items established by the
City Council. The Council may create a city-wide list of wants and needs, in advance
as part of its capital spending plan or other, for example, and then make one of the
items a condition of approval to a particular Planned Development project.
The Commission also considered that determination of public benefit should be proportional to
the degree of zoning relief granted by the Planned Development. It was the preliminary opinion
of the Commission that some projects could indeed be seen has being a public benefit on their
own, while others should provide some off-site amenity. In sum, the requirement for a public
benefit requires a careful weighing of factors on a case-by-case basis and yet must not result
any arbitrary exactions or inconsistent treatment of projects. The Commission will consider a
draft policy for recommendation to the City Council at its October Study Session.
cc: Tom Wilson, Assistant City Manager for Development Services
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS RECOMMENDING TO THE CITY COUNCIL
ADOPTION OF A POLICY REGARDING PUBLIC BENEFITS AND
PLANNED DEVELOPMENT DISTRICTS
WHEREAS, in 1967, the City of Palm Springs established the use of Planned
Development Districts (PDD) in order to introduce flexibility into the Zoning Code and
facilitate innovative development, including condominium and mixed use projects; and
WHEREAS, since 1967, the City has approved over 360 Planned Development
Districts, which have expanded the variety and type of housing units available in the
City, created new retailing and shopping opportunities, solved complex land use
planning problems that could not be resolved with traditional zoning and subdivision
regulations, and revitalized individual neighborhoods, the historic downtown and the
overall community; and
WHEREAS, in 1993, the City adopted a comprehensive General Plan update
' which included the recognition that Planned Development Districts may include the
provision of "public benefits" in exchange for the flexibility the PD❑ provides the
developer regarding the application of zoning rules, such as building area, yard
setbacks, vehicle parking and open space, as follows:
"Traditionally, planned development districts have been used to provide
flexibility and enable developers to increase buildable area and height,
and alter other standard development regulations, above that permitted by
zoning, conditioned on analyses and mitigation of impacts and contribution
of specific "benefits" to the City (e.g. additional parking, community open
space and meeting rooms, funds for community beautification, housing,
day care facilities and other similar amenities). All Planned Development
Districts shall be consistent with the General Plan.
"To implement the land use and urban design policies, it is suggested that
planned development districts be used for the following applications:
a. Provide a mechanism for exceeding the permitted building area and
floor area ratios and building heights in locations specified by land use
policy.
b. Provide a mechanism for allowing both on- and off-site density
transfers
c. Provide a mechanism for the consolidation of adjoining commercially-
and residentially-designated parcels into a single site wherein
commercial and residential buildings are located in a unified
development project, without regard for the designated commercial-
residential boundary in locations specified by land use policy.
d. Provide a mechanism for determining the appropriate type, character,
density-intensity and standards of development for the reuse of sites
currently used for public orprivate institutions."
(Page 1-81, Palm Springs General Plan);
and
WHEREAS, on September 6, 2006, the Planning Commission conducted a study
session on the issue of public benefits and Planned Development Districts, at which
meeting, the Commission considered the history of PDD's, various cases in which
public benefits were acquired and the type and range of public benefits that could be
required; and
WHEREAS, the Planning Commission has concluded that it would be desirable
to establish clear guidelines for the community and staff in determining the appropriate
public benefits to be acquired in exchange for the approval of a PDD.
NOW THEREFORE, the Planning Commission of the City of Palm Springs
recommends to the City Council a policy regarding public benefits and the approval of
Planned Development Districts, as contained on Exhibit A, attached to and made a part
of this resolution.
ADOPTED this_"' day of , 2006
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Chairman of the Planning Commission Secretary of the Planning Commission
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Draft Policy Statement
PLANNED DEVELOPMENTS AND THE REQUIREMENT FOR PUBLIC BENEFITS
In order to provide for the long-term improvement of the community, every application
for a Planned Development District (PDD) and every amendment thereto — including all
those enacted in lieu of a change of zone — shall include a public benefit in accordance
with the provisions listed below.
1. The concept of a "public benefit" shall be a condition of granting zoning flexibility via
approval of a Planned Development District, and is consistent with the goals,
policies and objectives of the Palm Springs General Plan.
2. The public benefit of an approved PDD shall be specifically identified by the
Planning Commission and City Council within the record of approval (resolution or
ordinance, as applicable).
3. The public benefit shall be proportional to the nature, type and extent of the flexibility
granted from the standards and provisions of the Palm Springs Zoning Code.
4. A feature, improvement or dedication may only be considered as a public benefit
when it exceeds the level of improvement needed to mitigate a project's
environmental impacts or comply with dedication or exactions which are imposed on
altproject5,-such asaQuimby rt;,,Act, public a ,utility un "
dergrounding
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5. An pprovedlpul�lic taenefi ne Athe:followin.g?types'.
,•
F'eatiaresibF'the.P�o'ect —^the=project includes features such as through-
streets hot indicated' onf;the;;Gene al;_f through-
Plan, Jnterior parks, entry features,
preservation of i ortant buildings or natural"features, energy conservation
features (e.g., LEED certified) or other specific amenities that are part of the
project but also deemed beneficial to the public; or the project fulfills site-
specific General Plan objectives for economic development or blight removal.
On-site amenities considered for public benefit status must be accessible to
the public-
b. Off-site Improvements as Public Benefit — The project includes off-site
dedications and / or improvements, such as widened thoroughfares with
meandering bikeways, public park lands, recreation facilities, construction of
decorative medians, or other public improvements located off the project site.
c. City"Wish List" as Public Benefit — The project provides or dedicates one or
more items desired by the City Council to improve the level and / or quality of
services provided by the City. The Council may, at its own discretion, create
an advance list of wants and needs as part of its budgeting process or capital
spending plan.
ae.��Mspq CITY OF PALM SPRINGS
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DEPARTMENT OF PLANNING SERVICES
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MEMORANDUM
Date: March 14, 2007
To: City Council
Via: David Ready, City Manager
From: Craig A. Ewing, AICP, Director of Planning Services
Subject: Planning Commission Discussion of Planned Development Districts
' On March 7, 2007, the Planning Commission dedicated its Study Session to the topic of
Planned Development Districts, in anticipation of the Joint Session being conducted by
the City Council on March 14, 2007. In addition to the issues of "public benefit" and
street widths, the Commission indicated that the following topics should be reviewed
with the Council to see if new policy direction / ordinance amendments may be needed.
Findings for Planned Development Districts - The required findings for a PDD are
found in the CUP section of the Palm Springs Zoning Code, as follows:
a. That the use applied for at the location set forth in the application is properly
one for which a conditional use permit is authorized by this ,Zoning Code;
b. That the use is necessary or desirable for the development of the community, is
in harmony with the various elements or objectives of the general plan, and is
not detrimental to existing uses or to future uses specifically permitted in the
zone in which the proposed use is to be located;
c. That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping and other features required in order to adjust such use to those
existing or permitted future uses of land in the neighborhood;
d. That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be generated
by the proposed use;
e. That the conditions to be imposed and shown on the approved site plan are
deemed necessary to protect the public health, safety and general welfare and
may include minor modification of the zone's property development standards.
Such conditions may include:
i. Regulation of use,
ii. Special yards, space and buffers,
iii. Fences and walls,
City Manager Memo March 14, 2007
Commission Comments on PDD's Page 2 of 2
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.
These findings make no mention of the issue "public benefit" and in staffs view do not
fully capture some of the complexities of PDD's (for example, deviations from
development standards, high-rise height limits, and mixed uses). The Council may wish
to consider that a dedicated set of findings needs to be developed for PDD's.
Minimum Lot Size for PDD's — The Commission considered that some recent PDD
projects were for smaller properties (less than one acre), and the PDD was used to
increase density beyond the zone. The Council may wish to consider if only larger sites
should be allowed to .take benefit from the PDD option, and that smaller sites need to
conform to the underlying zone. The size `cut-off' could be one-half acre, one acre, five
acres or other number.
Extensions on Time to Develop -- With the housing market in flux, it is possible that
one or more major PDD's recently approved by the City may not begin construction
within the time limits of the Zoning Code:
- Within 2 years of the Preliminary PDD approval, a Final Development Plan must
be approved,
Within six (6) months of Final Development Plan approval, construction must
commence.
The Council may wish to consider if policy direction needs to be provided in advance of
any requests for extensions. Currently, the justification for an extension of either a
Preliminary PD or Final Plan approval is "good cause' shown by the property owner.
Additional direction is needed unless the Council intends to be liberal in granting
extensions (that is, a down market or any other reason by the property owner is "good
cause").
cc: Tom Wilson, Assistant City Manager, Development Services
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To implement the land use and urban design politics, it is suggested that specific plans be used to provide
a moch.mism for largo-scale multiple-parcel development projects whose objective is to achieve a special
purpose or character. These could be instigated by private developers or the City.
The City shall develop an appropriate application and requirements and establish a fee for such application.
3/4. Planned Development Districts
"Traditionally, planned development districts have been used to provide flexibility and enable developers
to increase buildable area and height, and alter other standard development regulations, above that
permitted by zoning, conditioned on analysts and mitigation of impacts and contribution of specific
"benefits" to the City (e.g- additional parking, community open space and meeting rooms, funds for
community beautification, housing, day care facilities and other similar amenities)- All Planned
Development Districts shall be consistent with the General Plan.
To implement the land use and urban design policies, it is suggested that planned development districts be
nerd for the following applications.
a Provide a mechanism for excluding the permitted building area and floor area ratios and building
heights in locations spccihed by land use policy-
b. Provide a mechanism 1'or allowing both on- and off site density transfers.
Provide a mechanism for the consolidation of adjoining commercially-and residentially-designaledl
parcels into a single site wherein commercial and residential buildings are located in a unified
development project, without regard for the designated commercial-residential boundary in
locations specified by land use policy.
. Provide a mechanism for determining the appropriate type, character, density/intensity and La d
standards of development for the reuse of sites currently used for public or private institutions.
.3/5. Development Agreements
Development agreements are authorized by State law to enable a city to enter into a binding contract with
a developer which assures the city as to the type, character and quality of development and additional
"hunefils" which may be contributed and assures the developer that the necessary development permits will
he issued regardless of changes in regulations-
-I his uuures that a developer of a mulli-phased project who has based project Financing on conditiuus
negouatud with the City al a particular time would not be adversely affected by subsequent, more restrictive
eondnumz. This, in turn, enables the City to require additional contributions and benefits from Ihr
dt-veloper.
The City shall develop an appropriate application and requirements and establish a fee for such application-
1/6 Redevelopment
California, through the Community Redevelopment Law (Health & Safety Code Section 33000 et seq),
authorizes a city to undertake redevelopment projects to revitalize blighted areas. An adopted plan provides
additional tools to a city to effectuate productive change. These include the use of tax increment (i.c., the
amount of additional tax revenue above a "frozen"base generated by increased property valuations resulting
from new development on the property), property acquisition, consolidation of small parcels,joint public-
private partnerships, clearance of land and resale to developers, and relocation of tenants. Twenty percent
I/in)I I-81
94.02.00 Conditional use permit. Page 1 of 4
94.02.00 Conditional use permit. _w
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 both the commission and council to be essential or desirable for the public welfare and convenience
and in conformity with the general plan and its objectives.
a. Airport,or aircraft landing facilities;
b. Ambulance(Deleted by Ord. 1553);
C. Apiaries(beekeeping);
d. Cemeteries,columbariums,crematoriums,mausoleums,mortuaries;
e. Child care(Deleted by Ord. 1418);
f. Commercial communications antennae, including, but not limited to, monopoles and towers that, in the determination of the
director of planning and building,may have a visual impact on the surrounding area.
g. Equestrian establishments(academics,schools and amusements);
h. Establishments or enterprises involving large assemblages of people or automobiles, including:
L Amusement parks,
ii. Circuses,
iii. Fair grounds,
iv. Open-air theaters,excluding drive-in movie theaters,
v. Outdoor recreational centers privately operated,
vi. Race tracks,
vii. Stadia,
viii. Swap meets;
1. Governmental facilities;
j. Institutions of a philanthropic or charitable nature;
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94.02.00 Conditional use permit. Page 2 of 4
k. Large scale resorts of twenty (20) acres or more, including recreational vehicle parks (subject to the development standards set'
forth in Section 94.02.00(H)(5));
I. Large-scale shopping centers(site of ten(10)acres or more)planned as integrated developments,subject to property development
standards set forth in the C-D-N zone, Section 92,10.00, or the C-S-C zone,Section 92.11.00,as appropriate,and Section 94.02.00(I•I)(6),plus
such other conditions as are deemed necessary-
in- Plant nurseries,
n. Private educational institutions on major thoroughfares as defined on the general plan of the city,
o. Public utility structures and installations.
3. A conditional use permit may be granted for temporary structures,not including fences or walls,by the planning commission. For
fences or walls within the public right-of-way,see Section 94.02.01.
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 the planning commission shall be fmal unless
appealed to the city council.
4. Planned Development District(PD).
In a planned development district only those uses shown on the development plan for the particular planned development district may
be approved by the planning commission and city council after these bodies have made a finding that such uses are in conformity with the
general plan and sound community development. The regulations of Section 94.03.00 and this section shall apply. Where a conflict in
regulations occurs,the regulations specified in Section 94.03.00 shall prevail. Uses permitted by conditional use permit in an underlying zone
district, or as required by Section 94.02.00, may be incorporated into the planned development district with the full force of a conditional use
permit without requiring separate application for a conditional 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 die 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. Commission Public Hearing Date and Notice.
a. A hearing date shall be set by the department of planning and building for the planning commission after the application has been
verified as complete.
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94M.00 Conditional use permit. Page 3 of 4
b. Notice of public hearing shall contain the time and place of the hearing and the location and proposed use of the subject property.
c. Mailing.
Notice by the department of planning and building shall be mailed, postage prepaid,not less than ten(10)days before the hearing date
to owners of property within a radius of four hundred(400)feet of the exterior boundaries of the subject property.
d. The applicant shall submit a list of all property owners and lessees and sublessees of record, and their addresses within the
prescribed distance of the subject property, together with a map that further identifies the individual parcel of each property owner. If any
property on this list is owned by the United States Government in trust for the Indian tribe, a subsequent list of the names and addresses of
individual Indian owners shall be obtained from the Bureau of Indian Affairs and signed by the Director of Indian Affairs or his authorized
representative. No application shall be accepted for filing without the required property owners list and three(3) sets of gummed and typed
mailing labels in the form required by the department of planning and building. The director of planning and building, or his designee, shall
check the property owners list and map against his records and shall verify in writing the accuracy and completeness of said list as so checked.
i. Time-share projects shall follow procedure as provided in Section 93.15.00(H),
5. Commission Public Hearing,Recommendation and Notice Thercof.
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
fords the findings of the commission and any recommended conditions,including any time Inuit 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 Gftcen(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,except for the uses listed in Section 94.02 00(A)(2)which require city council approval.
d. Special uses listed in Section 94.02.00(A)(2) shall require final action by the city council in accordance with Section 94.02.00(C),
except that in any case where the planning commission has denied an application,the city council shall not take further action thereon unless
an appeal is filed by an interested party, in accordance with the provisions of Chapter 2,05 of the Palm Springs Municipal Code.
�6. Commission findings and Conditions.
IW The commission shall not approve or recommend approval of a conditional use permit unless it finds as follows:
a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized
by this Zoning Code;
b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or
objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed
use is to be located;
C. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or
fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the
neighborhood;
d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of
"Me to be generated by the proposed use;
e. That the conditions to be imposed acid 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,
lii.Fences and walls,
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94.02.00 Conditional use permit. Page 4 of 4
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 ol'velticular 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,
Lxv. And such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity
h the intent and purposes set forth in this Zoning Code, including but nor limited to mitigation measures outlined in an environmental
essment.
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94.03.00 Planned development district(PD). Page 1 of 3
Palm Springs Municipal Code
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ZORI NC:ODE
Chapter94.D0 PROCEDURES
r03_u0' Planned development district PDPrpose.
The planned development district is designed to provide various types of land use which can be combined in compatible relationship
with each other as part of a totally planned development. It is the intent of this district to insure compliance with the general plan and good
zoning practices while allowing certain desirable departures from the strict provisions of specific zone classifications. The advantages which
are intended to result from the application of the planned development district are to be insured by the adoption of a precise development plan
with a specific time limit for commencement of construction.
A. Applicability of Regulations.
The following regulations and General rules set forth in this section and in Section 94.02.00 (Conditional use permit) shall apply in a
planned development district. Where a conflict in regulations occurs, the regulations specified In this section shall apply. A planned
development district may be approved in lieu of a change of zone as specified in Section 94,07.00.
B. Uses Permitted.
The planning commission and city council shall find that the proposed uses as shown on the preliminary development plan for the PD
are in conformity with The required findings and conditions as set forth in Section 94.02.00 (Conditional use permit), the general plan and
sound community development. Only those uses approved by the planning commission and city council may be pertained in the planned
development district.The following types of uses may be permitted in a planned development district.
I. Planned residential development districts may include a multiplicity of housing types; provided, the density does not exceed the
general plan requirements. Plousinb density may be increased in conformance with state and local regulations if the district assists the city in
meeting its housing goals as set forth in the housing element of the general plan. The form and type of development on the PD site boundary
shall be compatible with the existing or potential development of the surrounding neighborhoods.
2. A specific commercial use for property adjacent to an existing commercial zone may be approved as a PD when such property is
to be used for additional off-street parking or an extension of buildings proposed in the existing commercial zone or in combination with
residential uses. Where this is permitted,the plan for the total property shall be submitted and the applicant shall clearly detail,by engineering
and architectural specifications and drawings,the manner in which the subject area is to be developed and the means that will be employed to
protect the abutting property and the health, safety,welfare and privacy enjoyed thereon.
3. In industrial zones, a property which combines industrial and service commercial uses may be approved as a PD subject to the
performance standards of the M-I-P zone to protect the health, safety and welfare of the area. Such PD's shall be permitted on a major or
secondary thoroughfare as indicated on the general plan street plan or when these uses are integrated into an overall development plan. In both
instances the proposed use shall not adversely affect the uses of properties in adjoining areas.
4. Additional uses may be permitted in the PD including churches, nursery and day schools for pre-school children,when these uses
are located on a secondary or major thoroughfare as indicated on the general plan street plan or when these uses are integrated into an overall
development plan and when in both instances the proposed use would not adversely affect the uses of property in adjoining areas.
3. Planned development districts may include a multiplicity of uses; providing, the proposed uses are permitted by the subject
zoning and/or general plan regulations. The form and type of development on the site boundary shall be compatible with the existing or
potential development of the surrounding neighborhoods.
6. On the trust lands of the Agua Caliente Indian Reservation, a property which contains a gaming facility may be approved as a PD
subject to the objectives and general plan land use section to protect the health, safety and welfare of the area. Such PD may include support
uses such as resort hotels, restaurants, retail commercial, and entertainment and parking facilities. Such PD shall be permitted on a major or
secondary thoroughfare as indicated on the general plan street plan or integrated into an overall development plan. In both instances the
proposed use shall not adversely affect the uses of adjoining properties-
C. Property Development Standards.
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The planning commission and the city council shall establish a full range of development standards appropriate to the orderly
development of the site which shall include the following.
1. Building heights shall conform to the requirements of the underlying zoning district. Structures which exceed permitted heights
shall be subject to the requirements of Sections 93.03.00 and 93.04.00.
2. Parking and loading requirements shall be subject to the requirements of Sections 93,06.00 and 93.07,00, respectively. The
planning commission and the city council may modify such requirements based upon the submittal of specific parking plan.
3. Front yard setbacks compatible with the existing or potential development adjacent and/or opposite from existing development
shall be required to provide for an orderly and uniform transition along the streetscape to preserve,protect and enhance the properties adjacent
to the proposed PD. Nonperipheral areas of the PD shall not be subject to this requirement but shall be determined by approval of the
preliminary development plan by the planning commission.
4. Minimum lot frontage not less than that of existing lots adjacent and/or opposite from existing developments shall be required to
provide for an orderly and uniform transition along the streetscape to preserve, protect and enhance the properties adjacent to a proposed PD.
Nonperipheral areas of the PD shall not be subject to this requirement but shall be determined by approval of the preliminary development
plan by the planning commission.
5. Open space for planned districts shall be equal to or greater than the minimum open space requirement for the zone in which the
planned district is located, unless otherwise approved by the planning commission and city council. Recreational areas,drainage facilities and
other man-made structures may be considered to meet a part of the open space requirements,
a. Protection of natural landscape features such as watercourses, hillsides, sensitive land area, existing vegetation, wildlife, unique
topographical features,and views shall be encouraged. Open spaces shall be integrated into the overall design of the project-
b. Open space for commercial, industrial and mixed uses shall be determined by the development plan approved by the planning
commission and city council.
D. Subdivision Map.
A planned development which requires a subdivision map may include the required map proceedings in the PD public hearing process.
E. Establishment and Development of a PD District.
A PD may be established through application of the property owner or his legal representative or the city council in accordance with the
public hearing procedures of the conditional use permit as set forth in Section 94.02.00(B),compliance with the requirements of the California
Environmental Quality Act, and the approval of preliminary and final development plans. A PD may be approved in lieu of a change of zone
as specified in Section 94.07.00.
Development in a PD shall be subject to the requirements of this section and shall conform to the specifications of the final
development plan as approved by the city council.
1. Conceptual Development Plan.
(Deleted by Ord. 1553).
2, Preliminary Development Plan.
The applicant shall submit a preliminary development plan package to the department of planning and building for a preliminary
approval by the planning commission and city council A map and/or site plan of the subject property shall conform to the requirements of the
preliminary application checklist provided by the department of planning and building.
3. Preliminary Development Plan—Approval by the Planning Commission and City Council.
Approval by the planning commission and city council of the preliminary development plan in accordance with the procedures required
by Section 94.02.00 shall constitute approval of a preliminary planned development district. The preliminary development plan shall, by
reference, be incorporated into and become a part of the planned development district.
4. Final Development Plan—Approval by Planning Commission.
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94.03.00 Planned development district(PD). Page 3 of 3
The applicant shall submit a final development plan for approval by the planning commission. The final plan shall be substantially in
conformance with the approved preliminary plan and shall incorporate all modifications and conditions to the preliminary development plan
made by the commission and city council, and shall be submitted with the final development plan checklist provided by the department of
planning and building. Should the final plan propose modifications which are not in substantial conformance with the approved preliminary
plan, such Plan shall be processed as a new application. The final development plan may be processed concurrently with the preliminary
development plan.
F. Final Development Plan—Appeal of Planning Commission Action.
Approval of the final development plan by the planning commission 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-
G. Modification of Final Development Plan.
The final development plan may be modified by submitting a request for such modification according to the same procedure as is
required in the initial review and approval process, including public hearing by the planning commission and city council in accordance with
Section 94.02.00. Minor architectural or site changes not affecting the intent of the PD may be approved by the planning commission. No
council action is necessary for minor changes except appealed decisions.
H. Termination of Proceedings.
If,within two(2)years after the date of approval by the city council of the preliminary development plan,the final development plan,as
indicated in Section 94.03.00(I),has not been approved by the planning commission,the procedures and actions which have taken place up to
that time shall be null and void and the planned development district shall expire. Extensions of time may be allowed for good cause.
I. Termination of Planned Development District.
1. if the owner or owners of property in the planned development district have not commenced substantial construction within six
(6) months from the date of the final development plan as approved by the planning commission or within the time set by planning
commission or city council approval, the planned development district shall become null and void. For good cause shown by the property
owner,the planning commission may extend the six(6)month period required for commencing construction.
2. For any phased planned development, cessation of development for a period of two (2) years or more shall require planning
commission review and approval prior to further development of the district unless part of an approved development agreement.
3. Planned development districts which are approved in conjunction with an approved disposition and development agreement
(ODA) and/or subdivision map shall nor terminate if substantial construction has commenced prior to the termination of the DDA and/or
subdivision map.
1. Designation of Planned Development District on Zoning Map.
Each planned development district shall be numbered, the first being shown on the official coning map as PD(l) and each district
subsequently applied for being numbered successively. All planned development districts granted final plan approval, including planned
development districts in lieu of changes of zone, shall be shown on the official zoning map of the city.Designation of a planned development
district on the official zoning map shall not constitute an amendment of the official zoning map, except PD's approved in lieu of a change of
zone as provided in Section 94.07.00.
K. Previously Approved Projects.
Expired projects approved prior to the adoption of this section, may apply for consideration of a time extension under the provisions of
this chapter within one(1)year from the effective date of this Zoning Code Such projects shall be subject to all new applicable regulations.
L. Reversion to Previous Zoning.
L
y PD which has not started construction within the time constraints of this Zoning Code shall revert to the original zoning
n and the designation shall be removed from the zoning map.
(Ord. 1553 (part), 1998;Ord. 1551 (part), 1998; Ord. 1482 (pan), 1994,Ord. 1294(part), 1988)
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