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HomeMy WebLinkAbout4/4/2007 - STAFF REPORTS - 3.A. Jay Thompson From: Craig Ewing Sent: Wednesday, April 04, 2007 4:44 PM To: Jay Thompson Subject: FW: Public Benefits in Planned Development Districts I Agenda Item 3A Jay, Here is the e-mail to City Councii on Item 3-A for tonight's (4/4/07) meeting. - Craig A. Ewing, AICP - Director of Planning Services From: aylaian@aol.com [mailto:aylaian@aol.com] Sent: Monday, April 02, 2007 4:08 PM To: Rcn.0den*PalmSprin9s-ca.gov; Steve.Pougnet@PalmSprings-ca.gov; Ginny.Foat@PalmSprings-ca.gov; Michael.McCulloch@PalmSprings-ca.gov; Chris.Mills@PalmSprings-ca.gov Cc: Craig.Ewing@paImsprings-ca.gov; svenholm@msn.com; rcochran@dc.rr,com; ginatuttobene@msn.com; elissagoforth@aol.com; cyndeelou@soldbycyndee.com; gdippel@dc.rr.com; KentChamberlin@aol.com Subject: Public Benefits in Planned Development Districts / Agenda Item 3A Dear Mayor Oden and City Council Members: RE: AGENDA ITEM 3A / "PUBLIC BENEFIT" FINDINGS FOR PLANNED DEVELOPMENT DISTRICTS This letter provides input from the Historic Tennis Club Neighborhood Organization (HTCNO) regarding Item 3A on the City Council Agenda for Wednesday, 4 April 2007, The proposed language for defining "Public Benefit" findings for approval of a Planned Development District (PDD) is good, but lacks one critical element: the benefit should be to the surrounding neighborhood. A PDD permits increased density and traffic, and/or decreased setbacks, view corridors, and parking. These concessions have all have their most adverse impact on the immediate neighbors of the project. Residents in other neighborhoods and other parts of town suffer none of the detrimental consequences associated with the project. Therefore, mitigating findings of public benefit should be made for the area within, say, a 500 or 1 ,000-foot radius of the project. As example, under the proposed wording, a PDD granting a new hotel concessions in height, density, setbacks, and parking could be justified by finding that it provides economic development to the city. However, the "benefit" is only very diffuse and indirect to the immediate neighbors who are saddled with greater traffic, reduced parking and open space, and loss of view corridors. Requiring that the public benefit be specific to the neighborhood could instead result in the hotel allowing the neighbors to use certain amenities, or providing a park or open space nearby, or directing a small revenue stream to the HOA for neighborhood landscaping or lighting. Any such benefit would be more appropriate, since it would more tangibly compensate for the adverse impact of the project. 4/4/2007 An alternative proposal to accomplish better use of PDDs would be to allow concessions in no more than two of the five critical areas: height, density, parking, open space, and setbacks. Similar to the findings of public benefit, this requirement would provide a measure of assurance to the residents that PDDs will not be approved if they require wholesale departure from both the letter and spirit of the current zoning ordinance. Thank you for your consideration of our concerns. Sincerely, Lauri Aylaian HTCNO Board of Directors AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.cons. 4/4/2007 i ' PALM Sp i �O Rif v In i I � � ry�e.oeYeoYs C'941FORN�p CITY COUNCIL STAFF REPORT DATE: APRIL 4, 2007 LEGISLATIVE SUBJECT: ESTABLISHMENT OF A POLICY TO REQUIRE "PUBLIC BENEFITS" TO BE PROVIDED WITH PLANNED DEVELOPMENT DISTRICTS (PDD'S) FROM: David H. Ready, City Manager BY: Planning Department SUMMARY Under Section 94.03.00, the City Council may approve Planned Development Districts, including deviations from provisions of the applicable underlying zoning. The General Plan states that "public benefits" can be part of Planned Development Districts, but no specific City policy has ever been established in this regard. The Planning Commission has provided a draft policy for consideration and adoption by the City Council. RECOMMENDATION: 1, Adopt Resolution No. Establishing a Policy to Require Certain "Public Benefits" to be Provided with Planned Development Districts (PDD's) STAFF ANALYSIS: On September 6, 2006, the Planning Commission dedicated their Study Session to the issue of "public benefits" in Planned Development projects. On October 25, 2006 the Commission approved its recommendation to the Council in the form of a draft policy statement (see attached). The concept of seeking a "public benefit" for approval of a PDD is derived from the City's 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 statement on "public benefit" — a single sentence in the Palm Springs General Plan: "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 ITEM MO. - City Council Staff Report April 4, 2007 Establishment of a Policy for"Public Benefits' in Planned Developments Page 2 of 3 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 nothing is mentioned of them in the Zoning Code.' The General Plan statement is neither direct nor clear about requiring a public benefit for Planned Development Districts. In reviewing previous practices, the Commission received comments from former Planning Director Marvin Roos, who noted that the first Planned Developments were often residential condominiums, which were a new concept in the late 1960's / early 1970's. 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 Sunrise Way (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, there is presently no such policy to guide applicants, the Planning Commission or staff. Staff recommends that the Council adopt a statement to provide direction in accordance with its preferences. The Planning Commission discussed a range of options that could be the basis for a City policy on public benefits, as follows: 1. The Project 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 Project as Public Benefit, — A Planned Development project may include features, such as through-streets, interior parks, 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 Staff Report April 4, 2007 Establishment of a Policy for"Public Benefits" in Planned Developments Page 3 of 3 preservation of important buildings, energy conservation features or other specific amenities that are both part of the project and 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. 4. City "Wish List" as Public Benefit — A Planned Development project may provide a public benefit from a list of items established by the City Council. The Council may create a city-wide list of wants and needs as part of its capital spending plan, for example, and then make one of the items a condition of approval to a particular Planned Development project. The Commission also considered that public benefits should be proportional to the degree of zoning relief granted by the Planned Development. It was the 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's adopted recommendation includes energy conservation features within a project as a possible public benefit, in addition to the items listed above. FISCAL IMPACT: Finance Director Review: No fiscal impact. r ' wing, P Thomas J. Wi n ' Di or of Pla ni g Services Assistant Ci Manager, Dev't Svcs Da id d H. Ready City Manager ' Attached: Draft Resolution Planning Commission Resolution No. 6077 Planning Commission Meeting Minutes (Sept. 6 and Oct. 25, 2006 excerpts) General Plan and Zoning Code excerpts related to Planned Developments RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE ' CITY OF PALM SPRINGS ESTABLISHING A POLICY TO REQUIRE CERTAIN "PUBLIC BENEFITS" TO BE PROVIDED WITH PLANNED DEVELOPMENT DISTRICTS (PDD's) 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 PDD 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. City Council Resolution No. _ April 4,2007 Policy on Public Benefits and Planned Development Districts (PDD's) Page 2 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." (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, on October 25, 2006 the Planning Commission concluded that it would be desirable to establish a clear policy for determining the appropriate public benefits to be acquired in exchange for the approval of a PDD, and adopted a recommendation to the City Council for adoption of such a policy; and WHEREAS, on April 4, 2007, the City Council conducted a public meeting on the issue of requiring public benefits for Planned Development Districts, at which meeting the Council considered a staff report and exhibits, including the Planning Commission recommendation. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The policy regarding public benefits and the approval of Planned Development Districts, as contained on Exhibit A, is hereby approved and shall be implemented by staff and the Planning Commission in the review of all applications for Planned Development Districts. ADOPTED THIS 4th day of April, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk r i ' City Council Resolution No. April 4, 2007 Policy on Public Benefits and Planned Development Districts(PDD's) Page 3 CERTIFICATION STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California RESOLUTION NO. 6077 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 PDD 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 far public or private 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 25t" day of October, 2006 AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Chairman of the Planning Commission eta of the nning Commission i i w aQaiM SAS 2 , C�FFOR�,p 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 all-17roj Icts, such as,,Qoirnby,Act, public art-,utility undergrounding, etch-- --T,µ.r: 5. An approved,'public benefit shall be one of'.the following types: a. KeV__Features�oflthe' Project — The project includes features such as through- streets' not indicated-",on",the",General Plan, ;interior parks, entry! features, preservation of important 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. !Cj "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. City of Palm Springs Planning Commission Minutes of October 25, 2006 Principal Planner, Edward Robertson, provided background information as outlined in the staff report dated October 25, 2006. Commissioner Hutcheson requested clarification on the loading area. Commissioner Scott commended the design team and requested clarification on the flat roofs and solar energy features. Commissioner Cohen stated that he attended the Architectural Advisory Committee meeting twice and the reception was very good. M/S/C (Scott/Cohen, 5-0, 2 absent/Vice Chair Hochanadel/Caffery) To approve, as submitted. 7. Planned Developments and Public Benefit Requirements - To consider a draft City Council Policy Statement. (Project Planner: Craig A. Ewing, Planning Director) Director of Planning Services, Craig A. Ewing, provided background information as outlined in the staff report dated October 25, 2006. The Commission requested clarification and discussed Public Benefits in detail. Commissioner Hutcheson suggested additional language be included pertaining to environmental conservation features. The Commission was in agreement. M/S/C (Ringlein/Cohen, 5-0, 2 absent/Vice Chair Hochanadel/Caffery) To adopt the resolution and approve, with the inclusion of language pertaining to LEAD Certified buildings. PUBLIC HEARINGS: 8. Case 5.1110 / PD 327 - An application by Cioffi Architects for Nichols Properties to develop a 2-story mixed-use commercial / residential building with covered parking and associated landscaping on an approximate 0.60- acre parcel located at 135 West Hermosa Place, Zone C-1 / R-2, Section 10, APN: 505-263-006. (Project Planner: Diane Bullock, Associate Planner) I 4 �1 CITY OF PALM SPRINGS ' PLANNING COMMISSION STUDY SESSION NOTES SEPTEMBER 6, 2006 Large Conference Room, City Hall 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 CALL TO ORDER: Chair Marantz called the meeting to order at 2:03 p.m. REPORT OF POSTING OF AGENDA: Director of Planning Services, Craig Ewing, reported that the agenda was posted by 5:00 p.m. on Friday, September 1, 2006, at City Hall exterior bulletin board and the Department of Planning and Zoning counter- 1. PUBLIC COMMENTS: Chair Marantz opened the Public Comments portion of the meeting. There being no comments, Public Comments was closed. 2. DISCUSSION — Planned Development Districts and "Public Benefit"— Craig A. Ewing gave an overview of the topic of Public Benefits. He reported that the mention of Public Benefit is vaguely stated in the General Plan and is only mentioned once under Planned Development Districts. There is no mention pf Public Benefits in the Zoning Ordinance and indicated that he would like to see a policy go forward to the City Council indicating more specific details on public benefits. Marvin Roos, MSA & Associates, guest speaker, gave a history of the Planned Developments in the City. He stated that he began employment with the City in 1971 and the number of Planned Developments was at#10 back then. He indicated that there were lots of sand dunes back in the 70's and the PDD's need to be consistent with the General Plan. He gave a further history of the PDD's in the 70's and 80's. The Commission discussed the pros and cons of Public Benefits for planned developments. Commissioner Caffery indicated that there was a time when there was no development in the City and we may go back to those times. ' City of Palm Springs Planning Commission Study Session Minutes of September 6, 2006 The Commission discussed in detail the public benefits and below is the conclusion they were in agreement with: 1. Key features of the project — interior parks, entry features, preservation of important buildings and other amenities that are part of the project that are deemed beneficial to the public. 2. Off-site improvements — dedications and / or improvements such as meandering bikeways, public park lands, etc. 3. Wish List - Improve the level of quality of services provided to the City. Edward Robertson, Principal Planner, reported that it has been his experience in working with PD's they have been clearly defined such as: A PD could not be proposed with less than 15 acres; and there are 4 sets of guidelines. Each City can come up with the guidelines. You need to start with a minimum size; Craig reported that a survey of surrounding cities would be helpful. Craig reported that the density allowed in the Zoning Code might be lower than that allowed by the General LPIanMix�ed use projects were also discussed. luded that a follow-up from this meeting would be brought back to the n. 3. CITY COUNCIL ACTIONS: Craig Ewing gave an update. 4. COMMISSION/STAFF REPORTS AND REQUESTS — Chair Marantz reminded the Commission of the Ethics Training to be held next week. 5. Adjournment — There being no further comments, Chair Marantz, adjourned the rnootim at 3:57 p.m- 2 Carty or Fftyt, S elw oc-js _ Uf_�svM?mow - Lk A D vss E�E��r T.M,(�t �v�ex)-rAC"c 3 Yfb6RAMC, To implement the land use and urban design policies, it is suggested that specific plans be used to provide it movhanism fur large-scale multiple-parcel development projects whose objective is to achieve a special purprnr 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 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 I'u implement the land use and urban design policies, it is suggested that planned development districts be uticd for the following applications; it Provide a mu•hanism for exceeding the permitted building area and floor area ratios and building heights in lWations specified by land use policy. b. Provide a muchanism for allowing both on- and offsite density transfers. Provide a Inechanism for the consolidationof 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 conunereial-residential boundary in locations specified by land use policy. . Provide a mechanism for determining the appropriate type, character, density/intensity and Ld 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 it developer which assures the city as to the type, character and quality of development and additional "henciils" which may be contributed and assures the developer that the necessary development permits will Ih' i%,uvd regardless of changes in regulations. Ibt% whores that a developer of a multi-phased project who has based project financing on conditions negoltatud with the City at a particular time would not be adversely affected by subsequent, more restrictive iuudiuons. '[his, in turn, enables the City to require additional contributions and benefits from the dovcloper. The Cily shall develop an appropriate application and requirements and establish a fee for such application. 1/6 RA.cvelonment Cidilornia, through The Community Redevelopment law (Health & Safety Code Section 33000 et seq), authoritts 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 generaldd by increased properly 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 t/INl I-81 (�'-q tk-- 'PP'LN% Sin-Ins 7JDt' IwG CAOt` 94.03.00 3. After completion of the investigation, the di- the use terminates or is inactive for six rector of planning and building shall approve (6)months, then without further action the land use permit, subject to those condi- by the department of planning and tions of approval he may deem necessary building, planning commission, or city council, the land use permit shall be 4. Review of Planning Commission—Appeal null and void, In any case, where the applicant or any other C. Transfer of land use permit to another aggrieved petty is not satisfied with the deci- applicant is subject to review and ap- Sion of the director of planning and building, proval by the director of planning and ' he may within five(5)days of such decision, building. request review of such decision by the plan- ning commission Such request shall be made G Amendment. in writing to the department of planning and building. Upon receipt of such request, the a. Any land use permit issued may be department of planning and building shall amended, on a showing of good cause schedule the matter for planning commission by the director of planning and building. review, and shall forward to the planning commission for its consideration all of the b. Application by the permittee(s) for documents and materials submitted with the amendment shall be processed in the application,together with a report of the deco- same manner as an application for issu- sion of the director of planning and building ante of a land use permit. and the reasons therefor. The planning com- mission may act upon the application as if it 7. A copy of the approved land use permit shall were die initial consideration of the applica- be displayed, or presentable upon request by tion No public hearing shall be required for any city official,during the time the permit is such action,Any person aggrieved by the de- valid and the use for which the permit was cision ofthe planning commission may appeal granted is operational- Should the permit not to the city council in the manner provided by be available upon request, such permit shall Chapter 2,05 of the Palm Springs Municipal be considered null and void during the time it Code. is not available. 5. Revocation. (Ord. 1553(part), 1998;Ord- 1500(part), 1995;Ord. 1418 (part), 1992;Ord. 1294 (part), 1988) a, When the conditions of a land Lisa per- mit have not been orare not being com- 94.03.00 Planned development district(PD). plied with,the director of phamning and building shall give at least then (10) Purpose. days notice to the permittee(s)of inum- tion to revoke such permit.The permit- The planned development district is designed to pro- tee shall be given opportunity at an of- vide various types of land use which can be combined in lice hearing to show cause why the compatible relationship with each other as part of a totally permit should not be revoked. If good planned development. It is the intent of this district to in- cause is not shown,the director may re- sure compliance with the general plan and good zoning voke the permit, Such revocation may practices while allowing certain desirable depariumsfrom be appealed to the planning commis- the strict provisions of specific zone classifications. The Sion. advantages which are intended to result from the applica- tion of the planned development district are to be insured b. When a land use permit has not been by the adoption of a precise development plan with a spe- acted upon within one(1)year after the cific time limit for commencement of construction date ofgranling thereof,or in the event 274 ' 94,03,00 ' A Applicability of Regulations submitted and the applicant shall clearly detail,by engineering and architectural ' The following regulations and general rules specifications and drawings,the manner set forth in this section and in Section in which the subject area is to be devel- 94.02.00(Conditional use permit)shall apply oped and the means that will be cnn- in a planned development district. Where a ployed to protect the abutting property conflict in regulations occurs,the regulations and the health, safety, welfare and pri- specified in this section shall apply.A planned vacy enjoyed thereon. development district may be appn0ved in lieu of a change of zone as specified in Section 3. In industrial zones, a property which 94.07 00. combines industrial and service com- mercial uses may be approved as a PI] B Uses Permitted. subject to the performance standards of the M-1-P zone to protect the health, The planning commission and city council safety, and welfare of the area. Such shall 4ad that the proposed uses as shown on PD's shall be permitted on a major or the preliminary development plan for the PD secondary thoroughfare as indicated on are in conformity with the required findings the general plan street plan or when and conditions as set forth in Section 94.02.00 these uses are integrated into an overall (Conditional use permit),the general plan and development plan.In both instances the sound community development. Only those proposed use shall not adversely affect uses approved by the planning commission the uses 017properties in adjoining areas. and city council may be permitted in the planned development district. 7'he following 4. Additional uses may be permitted in the types of uses may be permitted in a planned PD including churches,nursery and day development district. schools for pre-school children, when these uses are located on a secondary or 1. Planned residential development dis- major thoroughfare as indicated oil the tricts may include a multiplicity of general plan street plan or when these housing types; pruvided, the density uses are integrated into an overall de- does not exceed the general plan re- velopment plan and when in both in- quirements.Housing density may be m- stances the proposed use would not ad- creased it conformance with state and versely affect the uses ofproperty in ad- local regulations if the district assists joining areas. the city in meeting its housing goals as set forth in die housing clement of the 5. Planned development districts may in- general plan. The form and type of de- clude a multiplicity of uses; providing, velopment on the PD site boundary the proposed uses are permitted by the shall be compatible with the existing or subject zoning and/orgcneral plan rev- potential development of the surround- lations. The form and type of develop- ing neighborhoods. ment on the site boundary shall be com- patible with the existing or potential de- l. A specific commercial use for property velopment of the surrounding neighbor- adjacent to an existing commercial zone hoods. may be approved as a PD when such property is to be used for additional off- 6. On the trust lands of the Agua Caliente street parking or an extension of build- Indian Reservation, a property which ings proposed in the existing commer- contains a gaming facility may be ap- cial zone or in combination with resi- proved as a PD subject to the objectives dential uses. Where this is permitted, and general plan land use section to pro- the plan for the total property shall be test the health,safety and welfare of the 275 94.03 00 area.Such PD may include support uses quired to provide for an orderly and uni- such as resort hotels,restaurants,retail form transition along the streetscape to commercial, and entertainment and preserve,protect and enhance the prop- parking facilities. Such PD shall be erties adjacent to a proposed PD, Non- permitted on a major orsccondary thor- peripheral areas of the PD shall not be oughfare as indicated on the general subject to this requirement but shall be plan street plan or integrated into an determined by approval of the prelimi- overall development plan. In both in- nary development plan by the planning stances the proposed use shall not ad- commission. versely affect the uses of adjoining properties. 5. Open space for planned districts shall be equal to or greater than the minimum C. Property Development Standards. open space requirement for the zone in which the planned district is located, The planning conunission and the city council unless otherwise approved by the plan- shall establish a full range of development ning commission and city council.Rec- standards appropriate to the orderly develop- reational areas, drainage facilities and ment of the site which shall include the ful- other man-made structures may be con- lowing: sidered to meet a part of the open space requirements. 1. Building heights shall conform to the requirements of the underlying zoning a, Protection of natural landscape district. Structures which exceed per- features such as watercourses, mined heights shall be subject to the re- hillsides, sensitive land area, ex- quiremems of Sections 93,03 00 and isting vegetation,wildlife,unique 93.04,00. topographical features,and views shall be encouraged.Open spaces 2. Parking and loading requirements shall shall be integrated Into the overall be subject to the requirements of Sec- design of the project. tions 93,06.00 and 93.07.00, respec- tively. The pluming commission and b. Open space for commercial, in- the city council may modify such re- dustrial and mixed uses shall be quirements,based upon the submirtal of determined by the development a specific parking plan. plan approved by the planning commission and city council. 3. Front yard setbacks compatiblee with the existing or potential development adja- D Subdivision Map. cent and/or opposite from existing de- velopment shall be required to provide A planned development which requires a sub- for an orderly and uniform transition division map may include the required map along the streetscape to preserve, pro- proceedings in the PD public hearing,process. tect and enhance the properties adjacent to the proposed PD. Nonperipheral ar- E. Establishment and Development ofa PD Dis- eas of the PD shall not be,subject to this trict. requirement but shall be determined by approval of the preliminary develop- A PU may be established through application ment plan by the planning commission. of the properly owner or his legal representa- tive or the city council in accordance with the 4. Minimum lot frontage not less than that public hearing procedures of the conditional of existing lots adjacent and/or opposite use permit as set forth in Section 94.02.00(B), from existing developments shall be re- compliance withthe requirements of the Cali- 276 94.03,00 fornia Environmental Quality Act,and the ap- shall incorporate all modifications and proval of prdimintuy and final development conditions to the preliminary develop- plans. A PD may be approved in heu of a ment plan made by the commission and change of zone as specified in Section city council,and shall be submitted with 94.07,00. die final development plan checklist provided by the department of planning Development in a PD shall be subject to the and building.Should the final plan pro- requirements of this section and shall conform pose modifications which are not in to the specifications of the final development substantial conformance with the ap- plan as approved by the city council, proved preliminary plan,such Plan shall be processed as a new application. The 1. Conceptual Development Plan. final development plan may be proc- essed concurrently with the preliminary (Deleted by Ord, 1553). development plan. 2. Preliminary Development Plan. r Final Development Plan—Appeal of Planning Commission Action. The applicant shall submit a preliminary development plan package to the de- Approval of the final development plan by the partment of-planning and building for a planning commission shall be Final unless ap- preliminary approval by the planning pealed to the city council. The appeal proce- cornmission and city council. A map dure shall be pursuant to Chapter 2,05 of the and/or site plan of the subject property Palm Springs Municipal Code. shall conform to the requirements of the preliminary application checklist pro- G. Modification of Final Development Plan vided by the department of planning and building. The final development plan may be modified by submitting a request for such modification 3. Preliminary Development Plan-- according to the same procedure as is required Approval by the Planning Commission in the initial review and approval process,in- and City Council, eluding public hearing by the planning com- mission and city council in accordance with Approval by the planning commission Section 94.02,00. Minor architectural or site and city council of the preliminary de- changes not affecting the intent of the PD may velopment plan in accordance with the be approved by the planning commission.No procedures required by Section council action is necessary for minor changes 94.02.00 shall constitute approval of a except appealed decisions. preliminary planned development dis- trict.The preliminary development plan H. Termination of Proceedings. shall,by reference,be incorporated into and become a part ofthe planned devel- If, within two (2)years after the date of ap- opment district. proval by the city council of the preliminary development plan,the final development plan, 4. Final Development Plan—Approval by as indicated in Section 94.03,00(l), has not Planning Commission. been approved by the planning commission, the procedures and actions which have taken The applicant shall submit a final de- place up to that time shall be null and void velopment plan for approval by the and theplanned development district shall ex- planning commission. The final plan pine.Extensions of time may be allowed for shall be substantially in conformance good cause. with the approved preliminary plan and 277 94.04.00 ' I. Termination ofPlanned Development District K. Previously Approved Projects. I. If the owner or owners of property in the planned development district have Expired projects approved prior to the adop- not commenced substantial construction tion of this section, may apply for considera- within six (6)months from the data of tion of a tine extension under the provisions the final development plan as approved of this chapter within one(1)year from the ef- i by the planning commission or within fecrive date of this Zoning Code. Such pro- the time set by planning commission or jects shall be subject to all new applicable city council approval, the planned de- regulations, velopment district shall become null and void.For good cause shown by the L. Reversion to Previous Zoning, property owner, the planning commis- sion may extend the sin (6) month pe- Any PD which has not started construction riod required for commencing construc- within the time constraints of this Zoning tion. Code shall revert to the original zoning desig- nation and the designation shall be removed 2. For any phased planned development, liom the zoning map. cessation of development fora period of two (2) years or more shall require (Ord. 1553(part), 1999;Ord. 1551(part), 1999;Ord. 1482 planning commission review and ap. (part), 1994; Ord. 1294 (part), 1988) proval prior to hutlter development of the district unless part of an approved 94.041.00 Architectural review_ development agreement. A. Legislative Intent, 3. Planned development districts which are approved in conjunction with an ap- I. It is declared that the city of Palm Springs is a proved disposition and development city with unique characteristics, internation- agreement (DDA) and/or subdivision ally well known for its spectacular topogra- map shall not terminate if substantial phy, the respect for natural features in man- construction has commenced prior to made structures,and ideal climate conditions. the termination of the DDA and/or sub- These characteristics have caused a significant division map. number of visitors to come to Palm Springs with many visitors eventually becoming per- J. Designation of Planned Development District manent residents,participating in both active on zoning Map. and retired community life. Each planned development district shall be 2. All of these factors constitute an important numbered, the first being shown on the ofti- economic base for the city,both for those who cial zoning map as PD(1) and each district cam their living here and for those who view subsequently applied for being numbered suc- the city as their most precious physical pos- cessively. All planned development districts session. To protect the economic welfare of granted final plan approval,including planned the community, it is the policy of the city development districts in lieu of changes of council ofthe city of Palm Springs to reaffirm zone, shall be shown on the official zoning its determination to protect,maintain and en- map of the city.Designation ofa planned de- hance the social and economic values created velopment district on the official zoning map by past and present investments in the cum- shall not constitute an amendment of the off. munity by requiring all future development to vial zoning map,except PD's approved in lieu respect these traditions and require that all of a change of zone as provided in Section buildings and structures placed on the land re- 94.07.00. spect the natural land forms, and become a 278