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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. �pALMSp4 v 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 ;O QALMSp.P iy v m s + "toe.o..ree` r 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 cp pFien Tq4 w 'r' c V•c�w�N 4<rKortH� 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. p A`M sA� iy c u n v eT,o...,o••'•P' 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 H � <VA�µ sp w S - c •C7L/F(1 RaS�~• 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 y 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