HomeMy WebLinkAbout9/17/2008 - STAFF REPORTS - 5.H. Jay Thompson
From: David Ready
Sent: Tuesday, September 16, 2008 5,21 PM
To: Chris Mills; Chris Mills Home; Ginny Foat; Ginny Foat- Home; Lee Weigel; Lee Weigel - Home; Rick
Hutcheson; Rick Hutcheson - Home; Steve Pougnet; Steve Pougnet- Home
Cc: Jay Thompson
Council Members,
Councilman Hutcheson asked me to forward the attached - regarding agenda item 5H — PDD
discussion. He wanted you to know that he will be introducing this language as a substitute for
paragraph 5 of the "draft policy statement" which can be found on page 11 of that agenda item.
Fyi
David
0
DAVID H. READY, Esq., Ph.D.
CITY MANAGER
City of Palm Springs Tel: (760)322-8350
3200 E.Tahquitz Canyon Way Fax: (760)323.8207
Palm Springs, CA 92262 TDD: (760)864-9527
www. almsorinas-ca.aov David.Ready@oalmsor rigt --ca.gov
A201770AI`41
9/17/2008
5. An approved public benefit shall be one of the following types:
a. The Project as Public Benefit—The project fill fills key General Plan objectives
for land use (such as "mixed use"), economic development, cotmmunity beautification,
additional parking, improved circulation,blight removal or the like.
b. Kev Features of the Project—The project includes features such as through-
streets not indicated on the General Plan, interior parks, community open space,
cormmunity meeting rooms, entry features,preservation of important buildings,
preservation of natural features, day care facilities or other similar amenities.
c. Sustainable Features--The project includes features which measurably aid
achievement of the City's sustainability goals, including water conservation, energy
conservation(e.g., LEED certified), active and passive solar features, California Green
Building techniques and other sustainable features.
d. Off-site improvements—The project includes off-site dedications and/ or
improvements, such as widened thoroughfares with meandering bikeways,public park
lands, liking trails, recreation facilities, construction of decorative medians, or other
Public improvements located off the project site.
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CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 17, 2008 NEW BUSINESS
SUBJECT: DISCUSSION 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
At the request of Councilmember Hutcheson, staff has provided the following discussion
regarding "public benefits" and Planned Development Districts. Under Section
94.03.00, the City Council may approve Planned Development Districts, including
deviations from provisions of the applicable underlying zoning. The updated General
Plan includes a recommendation to study the Planned Development Process to
establish a matrix of proportional benefits and variances. Staff is seeking the Council's
direction regarding the issue of"public benefits" and Planned Development Districts.
RECOMMENDATION:
Direct staff as appropriate.
STAFF ANALYSIS:
Over the past two years, the City Council and Planning Commission have discussed the
issue of "public benefits" in Planned Development projects. In April 2007, the City
Council received a recommendation from the Planning Commission to establish a policy
to require that certain public benefits be provided with Planned Development Districts
(see attachments). At that time, the City Council declined to impose such a specific
requirement.
Since the April 2007 meeting, the City has updated the Palm Springs General Plan,
which addresses the issue of "public benefits" in the following statement from the
Administration Chapter (p. 1-26).
AD1.5 Study the Planned Development Process and establish a matrix
of benefits and variances that would establish proportionality
Item_No_._ 5.9 H_._.
City Council Staff Report September 17, 2008
Discussion of a Policy for"Public Benefits" in Planned Developments Page 2 of 2
between variances granted and benefits required to be returned
to the City.
No further efforts have been expended on the matter since adoption of the General
Plan. While the Action statement implies that "benefits" would be exacted for any
"variance" granted in a Planned Development District, the Council retains wide
discretion in deciding what those benefits might be.
Based on the analysis contained in the attached memoranda, staff is seeking Council
direction in the matter.
FISCAL IMPACT:
No fiscal impact.
Arai wing Thomas J. Wilsdn
Di or of Pla nln Services Assistant City Manager, Dev't Svcs
David H- Ready
City Manager
Attached: City Council Meeting Minutes; April 4, 2007 (excerpt)
City Council Staff Report (with exhibits); April 4, 2007
E2
City Council Meeting Page 1 of 2
Agri( 4, 2Ao7
3. LEGISLATIVE:
3.A. ESTABLISHMENT OF A POLICY TO REQUIRE "PUBLIC BENEFITS"
TO BE PROVIDED WITHIN PLANNED DEVELOPMENT DISTRICTS:
Staff Report Item 3.A.
Craig Ewing, Director of Planning Services, provided background information
as outlined in the staff report dated April 4, 2007.
Councilmember Foat requested staff address the correspondence sent by
the Historic Tennis Club Neighborhood, the criteria for a Developer for a
PDD, and the creation of the "wish list."
Councilmember McCulloch requested staff address recommendations,
commented on City Council micro-management of PDD's, the difference
between right-of-zone projects v. the PDD process, and recommends that
"public benefit" be effectively vague.
Councilmember Mills commented on the process of trying to define public
benefit, stated all the items on the list are a public benefit, and stated he is
not in support of narrowing the definition of public benefit.
Mayor Pro Tern Pougnet commented on the current PDD process, and
stated he does not agree with some overarching definition of public benefit,
and he is in opposition to No. 4 in the policy.
ACTION: Continue past the 10:00 P.M. tentative adjournment time. By
consensus of the City Council.
Mayor Oden stated the PDD is an effective tool, commented on the
remaining developable land in the City, allowing creativity in the City, stated
he would not be in support of limiting creativity and doing something
different, and his support for the "project" itself being a public benefit.
Councilmember Foat stated her disagreement with the comments made
concerning neighborhood input, commented that development impacts the
http://palmsprings.granicus.com/Minutes Viewer.php?view.id=2&clip_id=264 9/9/2008
City Council Meeting Page 2 of 2
feel and the look of the neighborhood, and stated these guidelines were to
clarify the expectations to the developers.
Councilmember McCulloch requested the City Council deny the resolution
and remain with the status quo.
Mayor Pro Tern Pougnet commented further on the concept of public benefit
in certain circumstances.
Councilmember Mills commented on the impacts and the process of the
developers meeting the requirements of a PDD as well as the benefits as
outlined on the list.
ACTION: Deny and take no action on the proposed resolution and remain
with the status quo. Motion Councilmember McCulloch, seconded by
Mayor Oden and carried 3-2 on a roll call vote.
AYES: Councilmember McCulloch, Councilmember Mills, and Mayor
Oden.
NOES: Councilmember Foat, and Mayor Pro Tern Pougnet.
� 4
bttp://palmsprings.granicus.com/MinutesViewer.php?view id=2&clip id=264 9/9/2008
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Cg41�°Ro,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
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 Pro'ect 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. KeV Features of the Pro'ect 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
distnets 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."
- n�
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.
Craig A. Dwing, AICP Thomas J. Wilson
Director of Planning Services Assistant City Manager, Dev't Svcs
David 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
�I �
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.
� U
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 4" day of April, 2007.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
m
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
pe PLR SA
AO T
2
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-
t. The public benefit of an approved PD❑ 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
al,l-projects;such as,eQuimby Act, public art;•utility underg round ing,-etc.= „-;
I
5. An pproved�public benefit shall be one df,the,following types:
a„ Key Features,& the•Project — T146'p'r6ect includes features su h as through-
streets. not Indic'ated'";on,the�;General',';Plan, ,interior parks, entry' features,
preservation"of'irriportant buildjngs qr"'natural`feati]res, 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 awn discretion, create
an advance list of wants and needs as part of its budgeting process or capital
spending plan.
Planning Commission Rage 1 of l
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 (Ring lei n/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.
http://palmsprings.granicus.com/MinutesViewer.php?view_id=3&clip_id=194 9/9/2008
e
RESOLUTION N0, 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,
i 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
T' 3
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 POD'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 25" day of October, 2006
AYES: 5 / Ringlein/Cohen/Marantz/Hutcheson/Scott
NOES: None
ABSENT: 2 1 Hochanadel/Caffery
ABSTENTIONS: None.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Chairman of the Planning Corn ission "the ing 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
all-projects;••s,uch as Quimby-,Act, public art; utility undergrounding,i etc:=~--_"--",
5. An app'roved',public benefit shall,be one.r,of,the.following,,types:
a. ,Key Features of,the',Project — The""project includes features such as through-
streets °hot indicated` ,on"„the"iGeneral,"','Plan, ,interior parks, entry;ufeatures,
,_.
preservation'of important' buildings or natural feaf"ures, 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.
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PLANNING COMMISSION STAFF REPORT
Date: October 25, 2006
To: Planning Commission
From: Craig A. Ewing, AICP, Director of Planning Services
Subject: "Public Benefit" and Planned Developments / Draft City
Council Policy
At the Commission's study session of September 6, 2006, you discussed the issue of
"public benefits" in Planned Development projects. Staff has prepared the attached
draft Council policy statement regarding public benefits and offers it for review and
recommendation. You may edit the draft policy as you wish and consider adoption of
the attached draft resolution recommending it to the City Council.
�-
i ing AICP
DireUeKof PlaVervices
Attachments
1. Draft Planning Commission Resolution
2. Draft City Council Policy on Planned Developments and the Requirement for
Public Benefits
3. Memo to City Manager (September 11, 2006)
4, Planning Commission Meeting Minutes (September 6, 2006, excerpt)
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 for public or private institutions."
(Page 1-81, Palm Springs General Plan);
and
7
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 -th 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
allplrojects;-such as=Quimby Act, public art;utility undergmunding,r,etcm°--- -
5. An approved,public benefit shall be one,of the,following types':
a. Kev Fleaturesi of theI.Proiect —Theproject includes features such as through-
streets, not indicated'•,,ori„the (General:^Plan, ,interior parks, entry features,
preservation of important buildings or nafural features, or"otlier 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 features 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.
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 Benefif' —
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 of 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.
S�
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
Plan. Mixed use projects were also discussed.
Craig concluded that a follow-up from this meeting would be brought back to the
Commission.
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
meeting at 3:57 p.m.
2
� FfA�MSpR CITY OF PALM SPRINGS
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DEPARTMENT OF PLANNING SERVICES
'C9LiFo�N,P.
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
Genera/_P/an,"___(Pade 1-81 Palm S ro ings 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."
22
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 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, 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.
4. 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