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HomeMy WebLinkAbout2006-05-31 STAFF REPORTS 1A 4O QALMSb .y V N k °gOFaRN�P CITY COUNCIL STAFF REPORT DATE: May 31, 2006 STUDY SESSION SUBJECT: DISCUSSION OF PROCESSES, PROCEDURES AND PROJECT REVIEW BY THE PLANNING COMMISSION AND THE COMMISSION'S ARCHITECTURAL ADVISORY COMMITTEE FROM: David H. Ready, City Manager BY: Planning Department To assist the Council in its discussion with the Commission and Committee, staff has provided excerpts from the Zoning Ordinance on Planned Development and Architectural Review (with highlights). These two sections guide the City's review of some of the more complex projects that have been proposed recently, and therefore may help focus the study session's dialogue. 66i9' Ealing, Thomas J. Wilsofi Dire&t(r of Pla in Services Assistant City Manager, Dev't Svcs David H. Ready City Manager fF Attachments: 1. Zoning Ordinance Sections 94.03.00 (Planned Development District) and Section 94.04.00 (Architectural Review) Item No. 1 .A. 94,03.00 After completion of the investigation, the di- the use terminates or is inactive for six ,t 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. eview of Planning Commission—Appeal. null and void. I any case, where the applicant or any other c. Sansfer of a land use permit to another a rieved party is not satisfied with the deci- plicant is subject to review and ap- sio Hof the director of planting and building, pr'vat by the director of planning and he y within five(5)days of such decision, bui ing. requ t review of such decision by the plan- 4� plan- lung c riaission.Such request shall be made 6 Amendmenk in writing to the department of planning and ,. building,,Upon receipt of such request, the a. Any lanc�luse permit issued may be department of planning and building shall amended,fur a showing of good cause schedule tl9e matter for planning commission by the direct�rr ofplanning and building. review, an,t shall forward to the planning �A;a commission;afor its consideration all of the b. Application b'' the peimittee(s) for documents and materials submitted with the amendment shall\be processed in the application,to�ether with a report of the deci- same manner as a�apphcation for issu- sion of the dir4tor of planning and building ante of a land use 14' rnvt. and the reasons therefor. The planning com- mission may actilpon the application as if it 7. A copy of the approved land'(,so permit shall were the initial col psideration of the applica- be displayed, or presentable don request by tion. No public heating shall be required for any city official,during the time jhe permit is such action.Any person aggrieved by the de- valid and the use for which theVer mit was cision of the planningycormmission may appeal granted is operational. Should the kermit not to the city council in the manner provided by be available upon request, such pe t shall Chapter 2.05 of the Patin Springs Municipal be considered null and void during th *it it Code. is not available. 5. Revocation. (Ord. 1553(part), 1998;Ord. 1500(part), 1995;Ord. IV a. When the conditions of a land use per- mit have not been orarenot being com- � 9A.03.00 Planned develnnmrnf rl tstrirt tPm_ plied with, the director 6,1'planning and building shall give at toast then (10) Put-pose. days notice to the pormittee(s)of inven- tion to revoke such permit°,The permit- The planned development district is designed to pro- tee shall be given opporttmily at an of vide various types of land use which can be combined in fice hearing to show cause},why the compatible relationship with each other as part of totally permit should not be revoked, If good planned development. It is the intent of this district to in- cause is not shown,the directon'nay re- snre mtimliance with the general pan and 2ood zonmg voke the permit. Such revocati,8n may .practices while allowine certain desirable departures from be appealed to the planning c8} mis- She 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 4'cu by the adoption of a precise development plan with a spe- acted upon within one(1)year after t e cific time limit for commencement of construction. date of granting thereof,or in the eve�'t R.� 274 94.03.00 A. Applicability of Regulations. submitled and the applicant shall clearly �+ detail,by engineering and architectural The following regulations and general riles specifications and drawings,the manner set froth 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 em- 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 approved 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 PD 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. Stich shall find 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 of properties in adjoining areas. and city council may be permitted in the planned development district. The 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 on the tricts may include a multiplicity of general plan street plan or when these housing types; provided, the density uses are integrated into on overall de- does not exceed the general plan re- velopment plan and when in both in- quirements.Housing density may be hk- stances the proposed use would not ad- creased in 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 the housing element 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/or general plan regu- 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 properly velopment of the surroundingneighbor- 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 feet 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 or secondary 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 commission and the city council unless otherwise approved by the plan- shall establish a fidl 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 fol- 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, mitted heights shall be subject to the re- hillsides, sensitive land area, ex- quirements 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 hnto the overall be subject to the requirements of Sec- design of the project. tions 93.06.00 and 93.07.00, respec- tively. The planning 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 submittal of determined by the development a specific parking plan. plan approved by the planning commission and city council. 3. Front yard setbacks compatible 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 of a 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 PD may be established through application ment plan by the planning commission. of the property 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 with the requirements of the Cali- . , 276 94.03.00 forma Envho rmental Quality Act,and the ap- shall incorporate all modifications and proval of preliminary and final development conditions to the preliminary develop- plans. A PD may be approved in lieu 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. the 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. F. 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- commission 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 ofthe 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. cluding 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 of the planned devel- If, within two (2)years alter 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(1), 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 the planned development district shall ex- planning commission. The final plan pire. Extensions of time may be allowed for shall be substantially in conformance good cause. with the approved preliminary plan and 277 94.04,00 1. Termination ofPlanned Development District, j K. Previously Approved Projects. 1. 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 date of tion of a time extension under the provisions the final development plan as approved of this chapter within one(1)year from the ef- by the planning com nission or within fective 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 six (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, from the zoning map. cessation of development for a period of two (2) years or more shall require (Ord 1553(part), 1998;Ord. 1551 (part), 1998;Ord. 1482 planning commission review and ap- (part), 1994; Ord. 1294(part), 1988) proval prior to further development of the district unless part of an approved ,P4G0M0 4rehiter,}�lr��e i 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, intemation- 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 offi- economic base for the city,both for those who cial zoning map as PD(1) and each district earn 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 of the 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 of a planned de- hance the social and economic values created velopment district on the official zoning map by past and present investments in the com- shall not constitute an amendment of the offi- munity by requiring all future development to cial 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 94.04.00 compatible pact of the total community envi- ronment, both in the local neighborhood and C. Planning Commission Architectural Advisory in the city as a whole. Committee. 3. The city council finds that there exist in the There is hereby established a planning commission city conditions which promote disharmony architectural advisory committee which shall be a cotmnit- and reduce land and property values, and that tee responsible to and appointed by the planning commis- the lack of appropriate guidelines for the de- sion. The planning commission architectural advisory sign of new buildings and design of structures committee shall consist of one planning commissioner on the city's main streets contributes to these who shall be responsible for acting as a liaison to the plan- conditions, and it further finds desirable the ning commission architectural advisory committee. The provisions of such guidelines for the protec- planning commission shall appoint technical advisors to tion and enhancement of land and property assist in reviewing detailed plans pursuant to this chapter. values,for the promotion of health,safety and Technical advisors shall include three California licensed general welfare in the community. architects,one California licensed landscape architect,one other design professional, and additional technical mem- 4. The city general plan includes a community bers for a total of seven members.The planning commis- design statement relationship to physical set- sion shall also appoint up to two alternate members to en- ting element which provides objectives and sure adequate representation at planning commission ar- policies for design of public buildings,private chitectural advisory committee meetings. The planning buildings,streetscapes, landscapes,and exte- commission architectural advisory committee shall meet rior lighting, on a regular basis as established by resolution and shall provide written recommendations to the director of plan- B. Purpose. ning services and the planning commission.The planning commission architectural advisory committee shall desig- The purpose of this section is to: nate a chairman and vice-chairman.The planning commis- sion architectural advisory committee shall be an advisory 1. Recognize the interdependence of land values commission of the city,subject to the Brown Act,and may and aesthetics, and to provide a method by adopt rules and procedures by resolution. which the city may implement this imerde- peudence to its benefit; D. Planning Commission Architectural Advisory Com- mittee Review Guidelines. 2. Encourage development of private and public property in harmony with the desired charac- The planning commission architectural advisory ter of the city and in conformance with the committee shall examine the material submitted with the guidelines herein provided with due regard to architectural approval application aid specific aspects of the public and private interests involved; design shall be examined to determine whether the pro- posed development will provide desirable environment for 3. Foster attainment of those sections of the its occupants as well as being compatible with the charac- city's general plan which specifically refer to ter of adjacent and surrounding developments, and the preservation and enhancement of the par- whether aesthetically it is of good composition,materials, ticular character of this city and its harmom- textures and colors.Conformance will be evaluated,based ous development,through encouraging private on consideration of the following: interests to assist in their implementation,and assure that the public benefits derived from I. Site layout, orientation,location of structures expenditures of public funds for improvement and relationship to one another and to open and abeautification of streets and other public spaces and topography. Definition of pedes- str uctures and spaces shall be protected by the trian and vehicular areas; i.e., sidewalks as exercise of reasonable controls over the char- distinct from parking lot areas; acter and design of private buildings, public buildings,street scapes,and open spaces. 279 94,04.00 i 2. Harmonious relationship with existing and tion 93.13.00 (Hillside developments), i proposed adjoining developments and in the which may require public hearings be- context of the immediate neighbor- fore the planning commission; hood/community,avoiding both excessive va- riety and monotonous repetition,but allowing C. Churches, governmental buildings and similarity of style, if warranted; hospital,and health facilities; 3. Maximum height, area, setbacks and overall d. Mobilehome parks and recreational mass,as well as parts of any structure(build- vehicle parks (architectural approval ings, walls, screens, towers or signs) and ef- shall not be required for individual mo- fective concealment of all mechanical equip- bile home or recreational vehicle sites); ment; C. Tennis courts in all zones; 4. Building design, materials and colors to be sympathetic with desert surroundings; f Designated historic sites,upon referral by the historic site preservation board, 5. Harmony of materials,colors and composition and properties within designated his- of those elements of a structure, including toric districts not otherwise subject to overhangs,roofs,and substructures which are Section 94.04.00; visible simultaneously; g. Entrance features and gates above the 6. Consistency of composition and treatment; height allowed in front and side front setback areas subject to the findings that 7. Location and type of planting,with regard for the limited height extension is architec- desert climate conditions. Preservation of turally acceptable, creates no interfer- specimen and landmark trees upon a site,with ence with sight clearance or comer cut- proper irrigation to insure maintenance of all off, and will cause no detrimental ef- plant materials; fects to adjacent properties in the vicin- ity. 8. Signs and graphics,as understood in architec- tural design including materials and colors; 2. Before any building or structure or landscape area described in subsection E of this section 9. The planning architectural advisory commit- is erected, constructed, altered, moved, re- tee may develop specific written guidelines to modeled or repainted a color different than supplement the design criteria and carry out that existing, an application for architectural the purposes of this chapter. approval shall be submitted to the department of planning and zoning. An application for E. Procedures, new construction and additions shall include a preliminary landscape plan and drawings 1. Architectural review shall be required for the showing the exterior elevation of sides of a following: proposed building or structure, the types of materials and colors to be used, and the signs a. All industrial,commercial,professional to be displayed.The director of planning ser- and residential structures and related vices may authorize staff approval of minor landscape areas, except for single- architectural approval applications, non- family residences not located on major hillside single-family homes, and sign pro- thoroughfares; grams and permits.Review and approval is as follows: b. Hillside developments, including all structures,grading,landscaping,and ex- a. Staff-Level Approvals. terior lighting, in accordance with Sec- 280 94.04.00 Minor architectural applications which mittee a� t the stages of application re- are acted upon by the director of plan- vied Now ning services,or designee,shall include repaints, reroofs, walls, fences, entry 4. All applications submitted for architectural features,signs,sign programs landscap- review for uses permitted by-riglit-of-zone ing plans,minor grading plans,exterior applications that are exempt from the Califor- lighting plans, and additions which do nia Environmental Quality Act(CEQA)shall not increase existing floor area by forty be scheduled for planning commission eview percent(40%)for single-familyresiden- within forty-five (45) days after it has been tial and twenty-five percent (25%) for accepted as complete by the department of all other development subject to this planning and zoning.All by-right-of-zone ap- section. The director of planning ser- plications referenced herein shall be placed on vices may consult with the planning the planning commission's next available commission architectural advisory agenda as a consent approval item unless a committee in review of minor architec- public hearing is required. tural applications. 5. a. All architectural applications for pro- b. Staff Action Appeals. jects which are not uses pennitted by- right-of-zone including but not limited The action of the director of planning to conditional use permits, planned de- services shall be final unless appealed velopment districts, subdivision maps, to the planning commission within ten and projects that are not exempt from (10)working days. The appeal shall be CEQA shall require a public hearing in in writing and, upon receipt and filing accordance with existing procedures in of appropriate appeal fee,the director of place for the type of land use noted planning services shall schedule the above.Architectural review applications item at the next regular meeting of the which do not require any other discre- planning commission.The action of the tionary applications shall be subject to planning commission shall be final the public hearing requirements in Sec- unless appealed to the city council in tion 94.02.00 for conditional use permit. the manner provided by Chapter2.05 of the Palm Springs Municipal Code. b. Applications for architectural approval which require environmental assess- C. Planning Commission Approvals. ments, environmental impact reports, and/or which also involve an applica- All otherprojects subject to this section tion which requires a public hearing shall be subject to planning commission shall be submitted to the planning review and approval after review by the commission along with the recommen- planning commission architectural advi- dations of the planning commission ar- sory committee without the need for chitectural advisory committee. The appeal.Architectural applications may planning commission shall review and be placed on the planning commission consider the staffreport,environmental consent calendar unless other discre- documents,public written and oral tes- tionary actions are required, timony prior to taking action in accor- dance with appropriate city codes and 3. The plamting commission architectural advi- ordinances. The decision of the plan- sory committee shall recommend approval, ning commission is final unless ap- conditional approval,or denial to the director pealed to the city council in accordance ofplanning services or planning commission. with Chapter 2.05 of the Palm Springs Applications shall be reviewed by the nlan- Municipal Code.For those applications ntou nnmmission architectural advisory coin- which require city council approval,the 281 94.04.01 recommendation of the planning com- mission shall be submitted to the city G. Tune Limit for Development. council in accordance with the appro- priate city codes and ordinances. Unless otherwise stated by the planning connnission or city council,the time limit for commencement of con- 6. Before an occupancy permit is issued, there stmction under an architectural approval shall be two years must be full compliance with all requirements from the effective date of approval. and conditions as approved by the city coun- cil, planning commission, planning commis- H. Extensions of Time. sion architectural advisory committee,devel- opment committee or the director of planning Extensions of time may be granted by the planning services, public works director, and/or the commission upon demonstration of good cause. Such ex- building and safety manager. If for any valid tension shall be requested in writing and received prior to reason fall compliance c<amrot be made,a cash expiration of original approval. Retroactive time exten- bond shall be posted for the work to be com- sion submitted within six months of the original expir'a- pleted within a reasonable period of time as tion date may be granted forgood cause.Extension oftime determined by the director of planning ser- granted for companion cases such as conditional use per- vices, public works director, and/or building mits, tentative maps or planned development district will and safety manager. also extend the architectural approval unless otherwise provided. Fees may be charged to process an extension 7. Planning commission and planning commis- request. sion architectural advisory committee agendas shall be provided to designated neighborhood (Ord. 1647, 2004; Ord. 1551 (part), 1995; Ord. 1500 representatives in addition to any person who (part), 1995; Ord. 1418 (part), 1992; Ord. 1347 (part), requests such notice. Persons who request 1990; Ord. 1294(part), 1988) agendas on a regular basis shall pay appropri- ate fees established by city council resolution. 94.04.01 Fees. 8. Properties subject to architectural approval Whenever fees have been appropriately prescribed shall be maintained in a good,first-class con- for architectural review by resolution of the city council, dition consistent with the approval of the such fees shall be due and payable at the time such appli- planning commission, planning commission cation is submitted. (Ord. 1294(part), 1988) , i< architectural advisory commmittee,or the direc- tor of planning services. Such maintenance 05.00 Nonconformance—Definitions. shall include, but not be limited to, the exte- rior of the building and grounds, including nconfonning building"means asharctureorpor- landscaping,parking and walking areas,exte- tion there awfully existing at one time,but which does rior lighting and signing and all other features not conform the zone in which it is located due to late reviewed by the commission or the director of adopted height, a or dimension regulations. plarming services.The director may,in appro- priate circumstances, require the recordation "Nonconformin t"means a parcel of land having of enforceable covenants containing mainte- less area,frontage or dime ions than required in the zone nance requirements,Failure to maintain such in which it is located. property consistent with such standards shall )1%. constitute a public nuisance. "Nonconforming use"means' se lawful when es- tablished but which does not conform ubsequently es- F. Effective Date. tablished zoning or zoning regulations.(Ot4r 1294(part), 1988) }` An architectural approval shall become effective "a after an elapsed period of fifteen(15)days fi'om the date of the decision by the planning commission or city council. 282